South Lake Tahoe City Council
August 12, 2025

necessary to remedy the condition and/or the actions implemented to abate the problem from continuing, and specify a timetable, subject to the modifications of the Lahontan Water Board, for remedial actions.

In the event that sampling results exceed any applicable NEL, Dischargers shall orally notify the Lahontan Water Board within 24 hours after the NEL exeedance has been identified and electronically submit all storm event sampling results through the SMARTS within five (5) business days after the NEL exceedance has been identified

2. Annual Report
Dischargers must prepare and electronically submit an Annual Report no later than November 30 of each year using the module provided in SMARTS. The report shall cover the period from October 16 of the previous year through October 15 of the current year. The Annual Report must include a summary and evaluation of all sampling and analysis results, original laboratory reports, chain-of-custody forms, corrective actions taken during the compliance year, and identification of any compliance activities or corrective actions that were not implemented.

3. Final Report
Dischargers shall prepare a final report following completion of project construction to demonstrate that the project is completed as planned and water quality impacts have been mitigated. Dischargers shall electronically submit the report through SMARTS. Photos of the site must be included along with a description of how the site was stabilized. The report must also describe as applicable: 1) whether the project was completed as planned in the NOI and/or any modification of the construction plans for the proposed storm water collection treatment, or disposal facilities or restoration work; 2) details of any change in the amount of impervious coverage for the project site beyond what was authorized; and 3) any significant problem(s) which occurred during project construction and remedial measures planned or implemented.

4. Restoration Monitoring and Reporting
Restoration projects are often executed to improve existing water quality conditions; therefore, it is necessary to monitor restoration project effectiveness until it is self-sustaining. Monitoring information can also identify project and/or construction method strengths and weaknesses. This knowledge can provide feedback into the maintenance of the existing system and also be applied to future water quality improvement projects.

This General Permit requires Dischargers to submit a detailed effectiveness monitoring plan as part of the Construction Site Monitoring and Reporting 769
Attachment I – Fact Sheet

Program (CSMRP) that includes annual performance criteria for the review and acceptance by the Lahontan Water Board staff. A contingency plan must also be submitted for actions to be taken if performance criteria are not met.

Ideally, pre- and post-construction monitoring is required to best evaluate the success of the restoration project. Monitoring should include, but not be limited to, assessments of vegetative cover and water quality and quantity measurements. Where appropriate, monitoring should also include upgradient and down-gradient sampling of water entering a treatment method (sediment can, sand and oil trap).

X. COMPLIANCE DETERMINATION
This General Permit includes the following criteria on how compliance will be determined as discussed below.

A. Compliance with Effluent Limitations
As previously discussed under section IV – Effluent Limitations, the technologybased turbidity NEL in this General Permit is based on the performance of a BMP assuming a certain design storm (defined as the storm producing a rainfall amount). Compliance with the NELs will not be required for storm events that exceed the equivalent rainfall in a 20-year, 1-hour storm (1 inch of rainfall in a 1- hour period). Dischargers are required to provide supporting documentation (i.e., evidence of actually rainfall amount for the area, such as an on-site rain gauge and rainfall data provided by NOAA) to the Lahontan Water Board for any claims that an effluent limit exceedance occurred during a storm event exceeding a 20- year, 1-hour storm.

Additionally, NELs may not apply when run-on conditions are causing an exceedance of an NEL or when discharges do not reach surface waters.

Dischargers must provide data and information to support any claim that the NELs do not apply due to these circumstances.

B. Multiple Sample Data
The NELs in this General Permit are evaluated as a maximum daily effluent limitation (MDEL). Pursuant to NPDES regulations (40 CFR part 122.2), maximum daily discharge limitation means the highest allowable “daily discharge.” Daily discharge means the “discharge or a pollutant” measured during a calendar day or any 24-hour period that reasonable represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of measurement other than mass, the daily discharge is calculated as the average measurement of the pollutant over the day. For purposes of this General Permit, the daily average effluent value is defined as the arithmetic mean of the daily effluent data. When determining compliance when more than one sample result is available due to collection at multiple discharge points 770
Attachment I – Fact Sheet

and/or multiple times during the calendar day, Dischargers shall compute the arithmetic mean concentration for each day of discharge.

Samples must be representative of the volume and quality of runoff from the site.

Sample collection must not be manipulated in such a way as to skew the maximum daily effluent value. However, Dischargers may indicate the proportional area or flow from the site that each discharge point represents and factor this into the daily average for the entire site when reporting the data.

C. Maximum Daily Effluent Limitation
The NELs in this General Permit are evaluated as a maximum daily effluent limitation (MDEL). If a daily average concentration (or when applicable, the daily median) exceeds the MDEL for a given parameter, Dischargers will be considered out of compliance for that parameter for that one day only within the reporting period.

D. Sampling by Other Parties
Sampling may be conducted by persons other than the Discharger. Lahontan Water Board staff, operators of municipal separate storm sewer systems, or others may analyze storm samples. Samples collected by others may be used with other data to determine MDELs and to conduct compliance determinations, as provided above.

XI. PUBLIC PARTICIPATION
The Lahontan Water Board is considering the issuance of waste discharge requirements (WDRs) that will serve as a National Pollutant Discharge Elimination System (NPDES) permit for discharges of storm water from construction-related activities. This proposed General Permit has been developed for review and comment by the public. As a step in the WDR adoption process, the Lahontan Water Board staff has developed tentative WDRs. The Lahontan Water Board encourages public participation in the WDR adoption process.

A. Notification of Interested Parties
On December 18, 2015, the Lahontan Water Board notified Dischargers, interested agencies, and other interested parties of its intent to prescribe waste discharge requirements for construction-related activities in the Lake Tahoe Hydrologic Unit, and provided them with an opportunity to submit their written comments and recommendations on the draft tentative permit by January 18, 2016. Notification was provided through electronic mailing and posting on the Lahontan Water Board website. Lahontan Water Board staff revised the permit based on comments received on the tentative draft, and on February 8, 2016, the Lahontan Water Board notified Dischargers, interested agencies, and other interested parties that a proposed permit was available for public review.

Notification was provided through electronic mailing and posting on the Lahontan 771
Attachment I – Fact Sheet

Water Board website. A public notice announcing the availability of the draft General Permit for review and comment was also published in Lake Tahoe area newspapers on February 5, 2016.

B. Written Comments
The staff determinations are proposed. Interested persons are invited to submit written comments concerning these proposed WDRs. Written comments must be submitted electronically to: [email protected] with “CommentsLake Tahoe CGP” in the subject line.

To be fully considered by staff and the Lahontan Water Board, written comments must be received at the Lahontan Water Board within five days of the Public Hearing to consider adopting the updated permit. Comments received after that date will be forwarded on to the Lahontan Water Board.

C. Public Workshop
The Lahontan Water Board conducted a public workshop January 12, 2016, to inform and discuss issues relating to the tentative WDRs with interested parties.

D. Public Hearing
The Lahontan Water Board has scheduled a public meeting to consider adopting the updated permit. The Board meeting is scheduled as follows:

Date: March 9-10, 2016
Time: TBD
Location: 971 Silver Dollar Avenue
South Lake Tahoe
Interested persons are invited to attend. At the public meeting, the Lahontan Water Board will hear testimony, if any, pertinent to the discharge, WDRs, and permit. Oral testimony will be heard; however, for accuracy of the record, important testimony should be in writing.

Please be aware that dates and venues may change. Our Web address is http://www.waterboards.ca.gov/lahontan/ where the public can access the current agenda for changes in dates and locations.

E. Waste Discharge Requirements Petitions
Any aggrieved person may petition the State Water Resources Control Board to review the decision of the Lahontan Water Board regarding the final WDRs. The petition must be submitted within 30 days of the Lahontan Water Board’s action to the following address:

772
Attachment I – Fact Sheet

State Water Resources Control Board
Office of Chief Counsel
P.O. Box 100, 1001 I Street
Sacramento, CA 95812-0100
E. Information and Copying
The tentative effluent limitations and special provisions, comments received, and other information are on file and may be inspected at the Lahontan Water Board at any time between 8:30 a.m. and 4:45 p.m., Monday through Friday, at 2501 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150. Copying of documents may be arranged through the Lahontan Water Board by calling (530) 542-5400.

F. Register of Interested Persons
Any person interested in being placed on the mailing list for information regarding the WDRs and NPDES permit should contact the Lahontan Water Board, reference this facility, and provide a name, address, and phone number.

G. Additional Information
Requests for additional information or questions regarding this order should be directed to Bud Amorfini, Engineering Geologist, at 530-542-5463 or by email at [email protected].
773
Attachment I – Fact Sheet

Table 1
Comparison of Lake Tahoe CGP Requirements
with State-wide CGP Requirements
Requirement Description
Eligible Projects State-Wide CGP includes two sets of requirements, one for conventional construction and one for linear
underground/overhead (LUP) projects. The Tahoe CGP has
one set of requirements for both conventional and LUP
projects.

There is no risk level in the Tahoe CGP. All projects are considered the same risk. Additionally, there is no option for an erosivity waiver in the Tahoe CGP.

Discharge Types
Covered
Both the State-Wide and Lake Tahoe CGPs cover storm water and certain authorized non-storm water discharges to surface waters. Except for certain “low threat” discharges, the Lake Tahoe CGP prohibits all non-storm water waste discharges to floodplains and stream environment zones (SEZs). Exemptions may be granted for certain discharges to Stream Environment Zones (SEZs) and 100-year floodplains in accordance with Basin Plan policies presented in Attachment F of the Tahoe CGP.

Permit Registration
Documents (PRDs)
Registration is the same for both permits. Separate module for the Tahoe CGP is established in the SMARTS (Region 6 South Lake Tahoe Permit).

Legally Responsible
Person (LRP)
LRP requirements are the same for both permits.

QSD/QSP
Qualifications
QSD/QSP qualifications and certifications are the same for both permits.

QSD/QSP Training
and Testing
Requirements
QSD/QSP training requirement is geared to the State-Wide CGP. State Board-sponsored training generally does not
address requirements of the Tahoe CGP unless specifically added by the Trainer of Record. QSD/QSP test does not
include elements of the Tahoe CGP.

Numeric Effluent
Limitations (NELs)
Discharge compliance points are the same for both permits.

However, in accordance with the Basin Plan, Tahoe CGP
includes NELs for iron, nitrogen, phosphorus, oil and grease, and turbidity. Samples are required to be sampled for turbidity using portable field meters. Other constituents must be sampled in accordance with non-visible pollutant sampling requirements.

The NEL for turbidity is 20 NTU and there is no numeric action level (NAL) compared with the State-Wide CGP. A daily
average turbidity level must be determined in the same manner as that required in the State Board CGP. A benchmark or action level for pH is set at 6.0 to 9.0.
774
Attachment I – Fact Sheet

Compliance Storm
Event
The compliance storm event for the Tahoe CGP is different than that set in the State-Wide CGP. Compliance with NELs is not required for pollutant concentrations that result from a 20- year, 1-hour storm event (1 inch of rain in a 1-hour period) or greater. This is geared toward the occurrence of summer thunderstorms, which can cause significant erosion in a short time frame during the active construction season. Supporting data including the time of sampling and the rain fall record from an on-site rain gauge or other nearby governmental agency is required for any claim of relief from the NELs.

Best Management
Practices (BMPs)
The BMP requirements are essentially the same for both
permits. The permit requires dischargers to implement
appropriate BMPs from each of the following categories: 1) site management measures; 2) sediment and erosion controls; 3) dewatering controls (if applicable); 4) inspection, maintenance and repair, and 5) post-construction/LID measures. For the Tahoe CGP, land disturbing activities must cease by October 15 of each year, unless granted a variance. All projects must be winterized to prevent erosion during the period of October 16 through April 30 of the following year.

For non-municipal projects, dischargers must demonstrate that post-construction controls will either infiltrate the 20-year, onehour storm, meet numeric effluent limits in the Basin Plan, or be in compliance with municipal load reduction goals. Municipal construction projects must meet load reduction requirements set in the respective municipal NPDES permits in accordance with the Lake Tahoe TMDL.

Storm Water
Pollution Prevention
Plan (SWPPP)
SWPPP requirements are the same for both permits. A
suggested outline for developing a SWPPP is provided in the Tahoe CGP.

Rain Event Action
Plan (REAP)
The REAP trigger for the Tahoe CGP is a 30 percent chance of

0.1 inch of precipitation or more compared with a 50 percent chance in the State Board CGP. Additionally the REAP must be prepared at least 24 hours prior to predicted rain rather than 48 hours in the State Board CGP. The requirements are
geared more toward thunderstorm activity in the Tahoe Basin.

Construction Site
Monitoring and
Reporting Program
(CSMRP)
Monitoring requirements in the Tahoe CGP include daily
inspections rather than weekly in the State Board CGP. Nonstorm water discharge inspections are included in the daily routine; therefore, there are no non-storm water–specific inspections. During the winter inactive period (October 16 through April 30), monthly inspections are required. Pre-rain storm, post rain storm, and during rain storm (for extended events) are also required. Snow events do not trigger visual inspections.
775
Attachment I – Fact Sheet

The Tahoe CGP does not include a qualifying storm event.

Sampling is required whenever there is a discharge off the project boundaries. Otherwise, the scheme is the same (i.e., all discharge points must be sampled and a minimum of three samples must be collected per day). Sample analyses
(turbidity and non-visibles) are the same for both permits.

There is no receiving water sampling requirement in the Tahoe CGP unless specifically set for an individual site (typically for environmental restoration projects).

Reporting The Tahoe CGP requires an annual report to be submitted by November 30 each year for the period of October 16 through October 15 the following year.

The requirements include: 1) 24-hour reporting of an adverse condition resulting from a discharge (e.g., oil spill, unauthorized non-storm water discharge to surface waters, breach of
perimeter controls, NEL violation); 2) reporting through SMARTS of all field data within 5 days (laboratory analyses within 5 days of receipt of the results; 3) annual reporting; and 4) final reporting upon project completion for NOT requests.

Other Potential
Requirements
Biosassessment - Requirements are the same for both
permits. Index period in Tahoe is July 1 through August 15.

ATS – Requirements are the same for both permits, except the compliance storm event is the 20-year, 1-hour storm for the Tahoe CGP.

Stream Environment Zones (SEZs)/Floodplains – The
Lahontan Basin Plan contains certain prohibitions on waste discharges to SEZs and floodplains. Dischargers must identify whether their project includes non-storm water waste
discharges or land disturbance to SEZs and/or floodplains in their NOI. Limited exemptions to the prohibitions may be applicable as detailed in Attachment F to the Tahoe CGP. 776
Attachment I – Fact Sheet

Table 2
Key Changes to Lake Tahoe Construction General Permit
Item Description
Over winter
sampling
Eliminated the over winter requirement to sample two rain events. Focus is on completing visual monitoring and BMP maintenance.

Sampling outside of
active work days
Eliminated the requirement to collect samples outside of active working/business days (e.g., holidays, weekends). The
requirement to visually inspect during daylight hours on any day is still included. Visual monitoring is more effective to respond to any problems. The sampling requirement during this time diverts limited resources away from ensuring the BMPs are properly functioning.

Basin Plan
Prohibitions
Updated Basin Plan prohibitions and exemptions in the CGP and Attachment F. Basin Plan amendments were approved in 2014.

QSP management
plan
Added language to require a written Qualified Storm Water Practitioner (QSP) management plan to achieve better onsite management by the QSP – can’t operate remotely without a communication plan that ensures active QSP oversight.

Training
documentation
Strengthened language to require documentation of weekly training of site personnel.

Receiving water
sampling
requirements
Added language to clarify when receiving water sampling is required. No change to existing requirements except to clarify language that some stakeholders found unclear.

Notice of
Termination
Updated the Notice of Termination (NOT) requirements to be consistent with the options included in SMARTS. This reconciles the NOT requirements with what is provided in SMARTS.

Use of nonphoto/biodegradable
materials
Added language to prohibit use of non-photo/biodegradable materials (such as plastic netting) in permanent Best
Management Practices (BMPs).
777
Attachment I – Fact Sheet

Table 3
Qualified SWPPP Developer/ Qualified SWPPP Practitioner Certification Criteria Certification/ Title Registered By QSD/QSP Certification Criteria Professional Civil
Engineer California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Professional Geologist or
Engineering Geologist California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Landscape Architect California
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Professional Hydrologist American Institute
of Hydrology Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites
Certified Professional in
Erosion and Sediment
Control™ (CPESC)
Enviro Cert
International Inc.

Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Inspector of
Sediment and Erosion
ControlTM (CISEC)
Certified Inspector
of Sediment and
Erosion Control,
Inc. QSP

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Erosion,
Sediment and Storm
Water Inspector™
(CESSWI)
Enviro Cert
International Inc.

QSP

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Certified Professional in
Storm Water Quality™
(CPSWQ)
Enviro Cert
International Inc.

Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

5. Continuing Education
Professional in Erosion
and Sediment Control
National Institute for
Certification in
Engineering
Technologies
(NICET)
Both

1. Approval Process

2. Code of Ethics

3. Accountability

4. Pre-requisites

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779

SPILL RESPONSE & PREVENTION PLAN
Bijou Park Connector Trail
South Lake Tahoe, CA
May 2025
Prepared for:

City of South Lake Tahoe
1901 Airport Rd,
South Lake Tahoe, CA 96150
ESE Project No. 21240
Prepared by:
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1. PROJECT CONTACTS

AGENCY OR

ORGANIZATION

CONTACT
PERSON

TELEPHONE EMAIL
Eastern Sierra
Engineering
Jennifer G. Roman,

PE (QSD/QSP)
(775) 291-6337 [email protected]
City of South Lake
Tahoe Public Works
Anush Nejad, PE
(LRP)
(530) 542-6031 [email protected]
City of South Lake
Tahoe
John Dickinson
(QSP Delegate)
(530) 307-2652 [email protected]
Contractor (TBD)
El Dorado County
Environmental
Management
Department
Karen Bender (530) 573-3453 [email protected]
Water Quality Control
Board, Lahontan
Region
Jim Carolan (530) 542-5477 [email protected]

2. INTRODUCTION
a. Purpose
The purpose of this Spill Response & Prevention Plan is to outline measures and guidelines to prevent spills and minimize their environmental impact during construction activities related to the Bijou Park Connector Trail. This plan has been developed as part of the Stormwater Pollution Prevention Plan (SWPPP) for compliance with the Tahoe Construction General Permit, specifically the following:
“13. Develop a spill response plan prior to commencement of construction activities.

The plan shall include:
a. Descriptions of equipment and materials required to be on site for cleanup of spills/leaks; and
b. Descriptions of appropriate spill response procedures, the responsible personnel, and the training records of such personnel. Include provisions to respond to potentially large spills that are beyond the capacity of the contractor to respond.”
Overall, the plan provides guidance on proper practices to prevent and respond to spills appropriately and includes information on field personnel. Pollutants that could come in contact with surface waters or the City of South Lake Tahoe storm drain system during project activities include hydrocarbons from equipment fuel or hydraulic fluid leaks, sediment, sawcutting slurry, pavement grindings, paints and solvents, concrete washouts, and exposure of various materials when no longer protected by cover or when piled into temporary stockpiles exposed to wind and rain.

This document is intended to be an overview of protocols to prevent and respond to potential spills on the project site. It is not intended to supersede any or all sub-contractor obligations to comply with all applicable laws, all reasonable directions and orders given by the City of South Lake Tahoe or regulatory agencies. This document’s requirements supplement the guidance described in the SWPPP. 781

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b. Project Description
The project is within the Bijou Community Park, located on Al Tahoe Boulevard in the City of South Lake Tahoe. The project is in Sections 02 and 03, Township 12 North, Range 18 East Mount Diablo Meridian. The site is relatively flat and is at an approximate elevation of 6,270 feet above Mean Sea Level. The work will be conducted in Land Capability District 7 and there are no floodplains or stream environment zones in the area of work. Anticipated groundwater depth exceeds 80 inches per Web Soil Survey.

At completion the project will include 2,546 feet (0.48 miles) of trail with a paved width of 10’. The completed path will encompass approximately 1.05 acres, including ramps and daylighting. Additional project disturbance results from installation of a double-barrel sediment trap immediately downstream of an existing drop inlet located on Al Tahoe Boulevard.

Site-disturbing activities are expected to occur between July 1, 2025 and October 15, 2025; however this plan shall be implemented from mobilization to demobilization.

3. SPILL PREVENTION
This portion of the plan is intended to explain the steps that should be taken in order to prevent spills and minimize their environmental impacts on the project site during active construction. a. Training
When the construction contract is awarded, the SWPPP will be updated to include the training records for the contractor’s personnel. Prior to construction, the Qualified SWPPP Practitioner (QSP) will train the Contractor and crew on all relevant spill control measures and what to do in the event of a spill to keep any pollutants from entering surface waters or City storm drain inlets. During active construction, the QSP will provide weekly training for the contractor and crew. b. Spill Response Equipment and Material
The construction contractor will supply spill kits and materials that can be stored and readily deployed from staging areas. In addition, the contractor will be required to have a number of mobile spill kits for use in any fueling operations. Each construction crew will have sufficient supplies of absorbent and barrier materials on hand to allow the rapid containment and recovery of any spills.

Equipment and materials will include but not be limited to:
x 55-gallon drums or similar approved disposal container with proper signage; x Absorbent pads;
x Plastic sheeting;
x Nitrile gloves;
x Safety goggles;
x Shovels and pertinent soil removal equipment will be staged next to spill kits along with fire extinguishing equipment.
x 20-gallon portable preventative spill kit for each refueling truck, kits will include:
o White, oil-only Sonic Bonded Pads
o White, oil-only socks (3”X48”)
o White, oil-only pillows
o Nitrile gloves
o Disposal bags, and
o 20-gallon overpack
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c. Spill Prevention Measures
x Equipment refueling is to be conducted at least 50 feet away from any drain inlets. Crew vehicles will be fueled offsite.
x Any five-gallon fuel container or similar will be kept in secondary containment, even when placed in the back of a truck.
x Regularly inspect and maintain all construction equipment to prevent leaks and malfunctions. If any leaks are detected remove the equipment from service and place a drip pan underneath until repairs can be made.
x Store and handle hazardous materials according to best practices and regulations. x Limit fuel storage
d. Sediment and Erosion Control
x Implement erosion control measures as shown on the plans, and as described in the SWPPP. x Monitor weather forecasts and schedule construction activities to avoid working during heavy rain events or periods of high winds.
e. Waste Management
x Establish designated areas for waste storage, recycling, and disposal, away from drain inlets. x Properly manage construction debris and waste materials to prevent accidental spills. x Keep construction debris piles to the minimum necessary so they can be easily off-hauled for proper disposal or fully covered with adequate perimeter control prior to any qualifying storm events.
f. Spill Response Plan Implementation and Preparation
x Contractor to provide a detailed spill response plan prior to construction that includes procedures for containing, cleaning, and reporting spills.
x Contractor to ensure all personnel are aware of the spill response plan and their roles during a incident.
x Contractor to keep adequate spill response equipment readily available on-site, such as absorbent materials, spill kits, and spill socks.
g. Monitoring and Reporting
x Contractor to visually monitor the site and equipment on a regular basis to detect any signs of equipment leaks or other potential pollutant discharges and if observed immediately address those issues.
x Immediately report any large spills or environmental incidents to the Lahontan Regional Water Quality Control Board, and appropriate authorities as required by local regulations. h. Compliance and Inspection
x Conduct regular inspections to verify compliance with the spill prevention plan. x Address any non-compliance issues promptly and implement corrective actions. i. Record Keeping
Maintain detailed records of spill prevention training, inspections, spill response actions, and any other relevant documentation for future reference and accountability.

4. SPILL RESPONSE PROCEDURES
The following summarizes actions that are to be taken in the event of a discharge of oil product. Actions are dependent upon the location and size of the discharge. Uncontrolled discharges of oil to groundwater, 783

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surface water, or soil is prohibited by State and Federal laws. Immediate action must be taken to control, contain, and recover any discharged oil product.

In general, the following steps are to be taken:
x First, personnel will assess the situation to determine potential safety concerns and hazards posed to personnel and the environment. The size (minor or major) of the discharge shall be taken into consideration, then the procedure for minor or major discharge steps should be taken. x If possible and safe to do so, shut off and/or extinguish all ignition sources, including motors, electrical circuits, cigarettes, and open flames.
x Determine the source of the spill/discharge, and if safe to do so, immediately shut off the source of the spill/discharge, i.e., closing valves, emergency shut-off switch, power disconnect, applying leak stopping compound for pinhole leaks, deactivating pumps, and diverting flow to a pathway that is more contained.
x Material spilled and quantities will be identified to the degree possible. x If safe to do so, use onsite spill response kits to prevent the spilled material from spreading. This can be done through personnel soaking up spilled fluids with absorbent pads or granules. x Contaminated vegetation and soil can be excavated from the site, and along with soiled clean-up material, temporarily stored on plastic sheets or in appropriate drums with proper labeling until it can be removed for proper disposal. All contaminated materials will be removed and placed in a container designed to hold and transport the material. Label bin appropriately. x Contact the Owner/Superintendent.
x Contact appropriate regulatory authorities (see Table 1, Notification List of Appropriate Agencies).
x Collect and dispose of recovered products according to State and Federal regulations. a. Minor Discharge
Minor discharges which can usually be cleaned up by construction crew are described here:
x The quantity of product discharged is small (less than or equal to 10 gallons of oil product); x Discharged material is easily stopped and controlled at the time of the discharge; x Discharge is localized near the source;
x Discharged material is not likely to reach water;
x There is little risk to human health or safety; and
x There is little risk of fire or explosion.

The following steps are to be taken:
x Immediately notify the Owner/Superintendent.
x Under the direction of the Owner/Superintendent contain the discharge by placing absorbent material or other barriers in the path of the discharge. x Place captured oil product/discharge debris in properly labeled and secure waste containers. x If the discharge involves more than 10 gallons of oil or reaches surface water, the Owner/Superintendent will call El Dorado County Environmental Management Department at (530) 573-3450.
b. Major Discharge
For major discharges defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when:
x The discharge is large enough to spread beyond the immediate discharge area; x The discharged material enters water;
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x The discharge requires special equipment or training to clean up; x The discharged material poses a hazard to human health, safety, or the environment; or x There is a danger of fire or explosion.

The following steps are to be taken:
x All facility personnel/onsite workers must immediately evacuate the discharge site, call emergency response (911) and move to designated staging areas at a safe distance from the discharge. Emergency response staging areas will be determined by emergency response personnel.
x Facility personnel/onsite workers must immediately contact the Owner/Superintendent, who will obtain assistance from authorized contractors, listed in Table 1 and direct the response and cleanup activities.
x The Owner/Superintendent must call for medical assistance if facility personnel/onsite workers are injured.
x The Owner/Superintendent must immediately contact the appropriate agencies. c. Disposal of Recovered Material
The following describes the methods to be followed when disposing of any recovered materials under a large spill event.

Once the spill is contained, the cleanup contractors or authorized facility personnel will collect the spilled material and any materials used to contain or absorb the discharge and place the materials into secure and appropriately labeled containers. The area or surface that came in contact with the spilled material shall be decontaminated and cleaned up by an appropriate method that is permissible under local, State, and Federal laws. The specific methods used will depend upon the substance, applicable regulatory standards for the specific type of spilled materials, and other factors. All spilled material and debris will be managed in a manner that fully complies with applicable local, State, and Federal laws regarding recycling and disposal of hazardous wastes.

Qualified and licensed environmental response contractors, including but not limited to, Safety Kleen and Ramos Environmental, listed in Table 1 will handle the disposal of any recovered product, contaminated soil, contaminated materials and equipment, decontamination solutions, and absorbent materials collected during a response to a discharge incident, according to regulatory requirements. All such materials shall be handled and disposed of under standard California chain of custody regulations and procedures. d. Reporting a Discharge
If there is a discharge, refer to the following section on the protocol and who to contact. i. NRC Notification Procedure
Any size discharge (i.e., one that produces an oily sheen, emulsion, or sludge) that affects or threatens to affect navigable waters or adjoining shorelines must be reported immediately to the National Response Center (NRC) at 1 (800) 424-8802. The NRC is staffed 24 hours a day. The following information must be provided:
x The exact address and phone number of the facility
x The date and time of discharge
x The type of material discharged
x An estimate of the total quantity discharged
x An estimate of the quantity discharged to navigable waters x The source of the discharge
x A description of all affected media
785

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 6 OF 7

x The cause of the discharge
x Any damages or injuries caused by the discharge
x Actions being taken to stop, remove, and mitigate the effects of the discharge x Whether an evacuation is needed as a result of the discharge x Names of individuals and/or organizations who have also been contacted ii. Agency Notification
Immediate reporting to the California Emergency Management Agency (CEMA) is also required when there are releases or threatened releases posing a significant present or potential hazard to human health and safety, property, or the environment under HSC §25507(a) and Title 19 California Code of Regulations [19CCR] §2703. In addition, HSC 25270.8 requires reporting of releases from a tank facility of greater than 42 gallons of petroleum into state waters or where they may pass into state waters. For these regulations, the releases much be immediately reported to the CEMA, and if necessary 911. For more information refer to the California Hazardous Materials Spill/Release Notification Guidance booklet (June 2009) available on the CEMA website at http://www.calema.ca.gov under the Response Tab – Hazardous Materials. iii. Spill Reporting Requirements (Within 60 Days)
In addition to the immediate reporting above, 40 CFR 112.4 requires that information be provided to the US EPA Regional Administrator (RA), the California Emergency Management Agency and the Lahontan Regional Water Quality Control Board and any other agency in charge of oil pollution control activities within 60 days of the following discharge events:
1) A single discharge of more than 1,000 US gallons of oil to navigable waters or adjoining shorelines; or
2) Two discharges to navigable waters or adjoining shorelines each more than 42 US gallons of oil occurring within any twelve-month period.

The following information must be submitted to the RA:
1) Name of facility;
2) Name of person reporting;
3) Facility location;
4) Maximum storage or handling capacity of the facility and normal daily throughout; 5) Corrective action and countermeasures you have taken, including a description of equipment repairs and replacements;
6) An adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary;
7) The cause of the reportable discharge, including a failure analysis of the system or subsystem in which the failure occurred;
8) Additional preventative measures you have taken or contemplated to minimize the possibility of recurrence; and
9) Such other information as the Regional Administrator may reasonably require pertinent to the Plan or discharge.

5. EMERGENCY CONTACT LIST
If the spill cannot be safely and effectively controlled by facility personnel, then the owner/superintendent will notify outside contractors and agencies listed in the table below. The following table provides the contacts of the responsible personnel as well as their training records.

786

BIJOU PARK CONNECTOR TRAIL

SPILL RESPONSE & PREVENTION PLAN
PAGE 7 OF 7

Table 1. Emergency Contacts

CONTACT ORGANIZATION/PERSON CONTACT INFORMATION
Emergency and/or Spill Response
Emergency Response (Fire, Ambulance, Police) 911
South Lake Tahoe Fire Department (530) 542-6160
South Lake Tahoe Police Department (530) 542-6100
Barton Hospital (530) 541-3420
National Response Center (NRC) (800) 424-8802
(202) 267-2180
(202) 267-1322 Fax
http://www.nrc.uscg.mil
c/o United States Coast Guard (G-RPF) - Room
2611-B
2100 2nd Street, SW
Washington, D.C 20593-0001
California Emergency Management Agency
State Warning Center
(800) 852-7550
Cleanup Contractors Ramos Environmental
1515 S River Rd
West Sacramento, CA 95691-9312
Phone: (916) 317-5747
Safety Kleen
1200 Marietta Way, Sparks NV 89431
Phone: (775) 331-4477
Petroleum Waste Disposal Contractor Reno Drain Oil Service 11970 Interstate 80 East
Sparks, NV 89434
Phone (775) 342-0351
Regulatory/Oversight Agencies
El Dorado County Environmental Management
Department
(530) 573-3450
3368 Lake Tahoe Blvd., Suite 303
South Lake Tahoe, CA 96150
City of South Lake Tahoe, Public
Works/Engineering
(530) 542-6030
1052 Tata Lane
South Lake Tahoe, CA 96150
California Regional Water Quality Control
Board, Lahontan Region
(530) 542-6030
2501 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150
US E.P.A. Region 9 US E.P.A. Region 9
Main Number: (800) 231-3075
75 Hawthorne Street (SFD9-2)
San Francisco, CA 94105
787
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790
791
792
793
794
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795
796
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,1685$1&(&(57,),&$7(6$1'(1'256(0(176
797
798
PROJECT: Bijou Connector PWC 25-30150037 Bidder's Opening Checklist 7/14/2025 JPB Designs Inc. $ 1,030,475.00 $ 200.00 $ 1,042,475.00 TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE #### #### #### #### #### #### TRUE TRUE TRUE Design Build Inc. $ 703,786.00 $ 500.00 $ 733,786.00 TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE #### #### TRUE #### #### #### TRUE TRUE TRUE Alcorn General $ 799,818.00 $ - $ 799,818.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Meyers Earthwork $ 927,113.00 $ 500.00 $ 957,113.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Q&D Construction $ 1,296,500.00 $ 31,000.00 $ 1,296,500.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Burdick Excavating Company Inc. $ 1,248,035.15 $ 100.00 $ 1,254,035.15 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Martin Brothers Construction $ 883,590.00 $ 1.00 $ 883,650.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Resource Development Company $ 1,432,130.00 $ - $ 1,432,130.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Baldoni Construction Inc. $ 1,099,626.00 $ 200.00 $ 1,111,626.00 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### Schreder & Brandt $ 1,308,505.20 $ 5,000.00 $ 1,608,505.20 #### #### #### #### #### #### #### #### #### TRUE #### #### #### #### #### #### #### #### #### #### #### #### 799
City of South Lake Tahoe – Bijou Park Class 1 Bicycle Trail PSA Amendment No. 2 Contact #
City of South Lake Tahoe
Amendment 2 to the Bijou Park Class 1 Bike Trail
Engineering Design Services Professional Services Agreement with Eastern Sierra Engineering, Inc (C-094-2021)
The Professional Services Agreement entered into on August 3, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Eastern Sierra Engineering, Inc (“CONSULTANT”), as amended on July 7, 2023, is hereby amended as set forth below.

RECITALS
A. On July 7, 2023, the City and Eastern Sierra Engineering, Inc. entered into Amendment No. 1 to C-094-2021, in order to extend the term of the Agreement through December 31, 2025.

B. The parties now desire to enter into this Amendment No. 2 in order to increase the compensation by $19,470, for a total contract amount not to exceed $396,022, for Consultant to perform construction support services during construction.

The terms of the Professional Services Agreement are hereby amended to read as follows:

Section 3 is hereby amended to read in its entirety as follows:

Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit A which is attached hereto and incorporated herein by reference. In no event shall Consultant’s Compensation, including travel and out-of-pocket expenses, exceed $396,022 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 terns 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.

Exhibit A, “Scope of Services and Compensation Schedule” is hereby amended by adding the following:
800
City of South Lake Tahoe – Bijou Park Class 1 Bicycle Trail PSA Amendment No. 2 Contact #
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: ________________________________ By: __________________________ Cody Bass, Mayor Pro Tem Shawn Jenkins, President

Business License # 009340

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 801
City of South Lake Tahoe
Amendment 1 (C-108-2023) to the Bijou Park Class 1 Bike Trail Engineering Design Services Professional Services Agreement with Eastern Sierra Engineering, Inc (C-094-2021)
The Professional Services Agreement entered into on August 3, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Eastern Sierra Engineering, Inc (“CONSULTANT”) is hereby amended as set forth below.

The terms of the Professional Services Agreement are hereby amended to read as follows:

Section 2. Term/Time of Performance. The services by Consultant are to commence upon the execution of this Agreement and shall continue until all authorized work is approved by City. All such work shall be completed not later than December 31, 2025.

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: Shawn
Shaw
Jenkins
n Jenkin
13:220236,(Jul
s
PDT)
Anush Nejad, Director of Public Works Shawn Jenkins, President Business License # 009340
APPROVED AS TO FORM: ATTEST:

Heather Stroud (Jul 7, 2023 16:18 PDT) Sue Blankenship (Jul 10, 2023 08:07 PDT) Heather Stroud, City Attorney Susan Blankenship, City Clerk City of South Lake Tahoe – Bijou Park Class 1 Bicycle Trail PSA Amendment No. 1 C-108-2023 802
l I
I I
BUDGET
This PSA amendment is only for a time extension in order to retain the design consultant in order to meet CDBG grant requirements. The original contract (C-094-2021) amount of $376,552 funded by CDBG remains unchanged.

CONTRACT /AGREEMENTAUTHORIZATION ROUTING FORM
STAFF

CONTACT

INFORMATION
• NAME: Jason Burke
• DEPARTMENT: Public Works
• PHONE: 6038
• DATE OF SUBMITTAL: 6/23/2023

CONTRACT/
INFO.

INFORMATION
• NAME: Shawn Jenkins
• CONTRACTOR/CONSULTANT: Eastern Sierra Enqieerina
• START: 8/3/21 END: 12/31/25 OPTION TO RENEW: ✓
• AMOUNT OF CONTRACT: $ Time Extension Only
ACCOUNT NO.: 301-50037-42020
BUDGET AVAILABLE: Yes
FUNDING VERIFIED: Yes
GRANT FUNDING? Source_c_os_G _ Federal? Yes! NoO
Type of
Contract
Professional.Services Agreementfil_ License_D_ MOU D_Lease 0 Purchase Order &urchase Agreement O Construction0
Revenue Contract m,peratioh/Coneession Agreement _o --=D� Maintenance Agree l Public Works Coritract D Vehicle _o=:- Motorized Equipment IT/Electronic Equipment� Does this contract involve the following: construction, reconstruction, alteration, renovation, improvement, demolition, painti!JiL-[e-painting, and/or repair work involving any publicly owned, leased, or operated facility? YeslZ)_ No--LJ_ If yes, forward to Public Works for review (Public Works Director authorization required)
Does this contract require special permltti�nvironmental review, CEQA/NEPA, Planning Dept. review, Commission approval? YesJ7L No_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)
Jul7,2023
Dev. Services Director
(where applicable)
Finance Director
City Attorney
City Manager
Heather Stroud (Jul 7, 202316:18 PDT)
Jul7,2023
Jul7,2023
Jul7,2023
City Clerk Sue Blankenship (Jul 10,2023 08:07 PDT) Jull0,2023 City Council Meeting Date (over $60K or where applicable):

AGREEMENT
803
PSA_Time_Amendment-1_C-108-2023
Final Audit Report 2023-07-10
"PSA_Time_Amendment-1_C-108-2023" History
Document created by Andra Burnam ([email protected]) 2023-07-06 - 8:12:21 PM GMT- IP address: 128.92.139.178 Document emailed to [email protected] for signature
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Email viewed by [email protected]
2023-07-06 - 8:22:41 PM GMT- IP address: 75.140.36.246
Signer [email protected] entered name at signing as Shawn Jenkins 2023-07-06 - 8:22:55 PM GMT- IP address: 75.140.36.246
Document e-signed by Shawn Jenkins ([email protected]) Signature Date: 2023-07-06 - 8:22:57 PM GMT - Time Source: server- IP address: 75.140.36.246 Document emailed to Anush Nejad ([email protected]) for signature 2023-07-06 - 8:22:58 PM GMT
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By:

Status:

Transaction ID:

Andra Burnam ([email protected])
Signed
CBJCHBCAABAAtTxz0mqs1jXPcWry98TFdq6TXU1X7m-0
804
Document emailed to Heather Stroud ([email protected]) for signature 2023-07-07 - 10:22:17 PM GMT
Email viewed by Heather Stroud ([email protected])
2023-07-07 - 11:18:02 PM GMT- IP address: 104.47.65.254 Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023-07-07 - 11:18:50 PM GMT - Time Source: server- IP address: 128.92.136.146 Document emailed to Joseph Irvin ([email protected]) for signature 2023-07-07 - 11:18:52 PM GMT
Email viewed by Joseph Irvin ([email protected])
2023-07-07 - 11:36:45 PM GMT- IP address: 104.47.65.254 Document e-signed by Joseph Irvin ([email protected]) Signature Date: 2023-07-07 - 11:36:54 PM GMT - Time Source: server- IP address: 128.92.136.146 Document emailed to Sue Blankenship ([email protected]) for signature 2023-07-07 - 11:36:56 PM GMT
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Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023-07-10 - 3:07:50 PM GMT - Time Source: server- IP address: 128.92.136.146 Agreement completed.
2023-07-10 - 3:07:50 PM GMT
805

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the Third day of August 2021 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Eastern Sierra Engineering, Inc. (“Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for approximately 18 months.

C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 806

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit A which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $376,552 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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

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

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation, or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 807
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, and such records shall be available at Consultant’s address indicated from 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. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 808
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 independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 809
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.

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 C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 810
costs and expenses in connection therein), arising out of Consultant’s performance of this Agreement or caused in any way by Consultant’s negligence 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 the performance of work under this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 811
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 aggregate basis, or a combined single-limit per occurrence basis.

C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 812
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.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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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: ESE, Inc. ATTN: Jennifer Roman
PO Box 1819
Zephyr Cove, NV 89448
775-588-7178 x 106
[email protected]
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 C-094-2021
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permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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, C-094-2021
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upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
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 B. Further, Consultant shall require that the C-094-2021
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language of the certification in Exhibit B be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

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

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

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

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

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

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

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

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.

CONSULTANT:

By ________________________________
Date
_____________________________
Business License # ___________________
Date ________________________________
Date ________________________________
CITY OF SOUTH LAKE TAHOE:

By___________________________
Tamara Wallace, Mayor
Date __________________________
APPROVED AS TO FORM:

By____________________________
Heather Stroud, City Attorney
ATTEST:

By______________________________
Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B - Anti-Lobbying Certification
009340
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Gerry Jensen, Owner, ESI
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8/10/2021
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818

EXHIBIT A

SCOPE OF SERVICES, SCHEDULE, COMPENSATION
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Bijou Park Class 1 Bicycle Trail
1 Eastern Sierra Engineering
Reno  Zephyr Cove  Bishop  Mammoth Lakes

PROJECT UNDERSTANDING
We understand that the project premise is to construct a 10-foot wide paved bicycle trail generally along Al Tahoe Boulevard between the Al Tahoe Mobility Project at the Johnson Boulevard intersection to the South Tahoe Greenway. There are two primary alternative alignments to accomplish this connection, as indicated in Figure 1 below. Between the main entrance into Bijou Park and the connection to the South Tahoe Greenway, both alternatives include a Class 1 bike trail along the Al Tahoe Boulevard right-of-way. A portion of this segment would follow the existing trail associated with the Bijou Bike Park. From the main park entrance to Johnson Boulevard, one alternative will continue to follow Bijou Park frontage along Al Tahoe as a Class 1 trail. The second alternative would route the trail through Bijou Park. One segment would be a Class 2 alignment along widened existing park roads with a Class 1 segment that connects the Class 2 trail to Al Tahoe Boulevard near the Johnson Boulevard intersection. We have assumed that only minor relocations of existing park facilities will be required as part of the proposed project. The ESE Team’s services to the City for this project includes environmental documents, design, permitting and bid assistance.

Figure 1: Proposed Project
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Bijou Park Class 1 Bicycle Trail
2 Eastern Sierra Engineering
Reno  Zephyr Cove  Bishop  Mammoth Lakes

SCOPE OF WORK
Task 1 – Project Management, Public Outreach, Public Meetings, and Coordination

1.1 ESE will coordinate and conduct team and public outreach meetings for the project. Melton Design Group will play a significant role in our approach to public outreach, in addition to preparing presentation graphics for meetings. Through their experience with park and trail project planning, they are particularly adept in fostering public participation in the design process. As there are no private properties immediately adjacent to the proposed project, we expect that the focus of the public outreach will be to facilitate discussions of connectivity opportunities and design alternatives and options with residents of nearby neighborhoods as well as users of Bijou Park and the Greenway. Ideally, these meetings would be held near the project location, preferably at Bijou Park, to make it easier and convenient for interested parties to participate. We anticipate that the first public outreach meeting will occur at the start of the project as alternatives are being developed to introduce the project and allow attendees to provide input. The second will occur during the 30% design phase after the preferred alternative is selected by the City and ESE team. In addition, to encourage public participation in the process, the design team can assist the City in developing an online survey related to the project, and reviewing the comments received.

ESE will coordinate, schedule, prepare for and facilitate project presentations at City Planning Commission and City Council meetings. We anticipate that the first Planning Commission meeting will take place during the alternatives analysis phase and will allow the project team to introduce the alternatives developed, the matrix comparing the alternatives, and discuss the criteria used in the comparison. The second Planning Commission meeting project presentation will occur when the 30% design plans are complete; the NEPA and CEQA documents are officially adopted at this meeting with an expected Mitigated Negative Declaration determination. Once the decision is recorded after this meeting, the public comment period on the MND commences. The first City Council meeting will take place after alternatives have been developed and the process to evaluate and select an alternative is in progress. The second City Council meeting will take place after the 100% Bid Documents are complete and will serve as the authorization from the City Council to release the project for bids.

ESE will prepare all meeting agendas, presentations, public outreach materials (meeting letters & notices), sign-in sheets, renderings, plan sheets, materials samples, etc., and maintain record of meeting minutes. ESE will set up and take down all public/property owners meeting sites (two public/property owners’ meetings, two Planning Commission meetings, and two City Council meetings). ESE will provide weekly update emails to the City’s project manager throughout the project.

Deliverables: Agendas (Administrative Draft, Draft and Final); notices (Administrative Draft and Final); meeting graphics (Administrative Draft, Draft and Final); and, minutes (Draft and Final).

Other materials presented at meetings that are produced under other project tasks are discussed under those other tasks.

1.2 ESE will meet with funding and regulatory agencies as necessary to assure project preliminary design will be permitted/approved by regulatory and funding agencies (TRPA Permit, NPDES Permit, Air Quality Permit). At this time, we anticipate two meetings with TRPA, with the first to introduce the project to staff and to determine the process to pursue to facilitate an expedient project approval. The second TRPA meeting will be to acknowledge the conditional permit. Although we anticipate the Lahontan permitting to be straightforward, ESE will also meet with Lahontan representatives during the 60% Design stage to discuss the project design and the preparation of the SWPPP. ESE will prepare meeting agendas and meeting minutes.

Deliverables: Agendas (Draft and Final); and, minutes (Draft and Final).

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Bijou Park Class 1 Bicycle Trail
3 Eastern Sierra Engineering
Reno  Zephyr Cove  Bishop  Mammoth Lakes

1.3 As discussed in Subtask 1.1, the ESE Team will present the NEPA and CEQA documents and a Major Design Review Application based on the 30% Design package to the City Planning Commission with the intent to obtain the Planning Commission’s adoption of the environmental documents and the approval of the project’s major design review.

Deliverables: The materials involved in this presentation are prepared under other subtasks so there are no separate deliverables.

1.4 ESE will confirm that the preliminary plans provide adequate information to identify potential environmental impacts to enable the preparation of project-level NEPA and CEQA documents for the project. This will occur prior to the presentation to the City Planning Commission discussed in Subtask 1.3. ESE will confirm with all team members that any further design efforts do not trigger environmental impacts that have not already been evaluated.

Deliverables: The materials involved in this effort are prepared under other subtasks so there are no separate deliverables for this subtask.

1.5 ESE will coordinate reviews and meetings of the Technical Advisory Committee (TAC) members identified for the project by the City. ESE’s coordination efforts will include distributing electronic copies of the plans, specifications and cost estimate for each design level submittal (30%, 60%, 90%) to the TAC members, and coordinating a virtual TAC meeting for each design level, involving team members in the virtual meetings as appropriate. The coordination effort will include preparing an agenda and minutes for each TAC meeting. With each design submittal starting with the 60% Design, ESE will prepare a design memorandum discussing comments received from the TAC on the prior design submittal and how those comments are addressed in the design package, or reason for not addressing the comment.

Efforts to address TAC comments into the design are included in the design subtasks.

Deliverables: Agendas (Draft and Final); Minutes (Draft and Final); and, Design Memorandum (Draft and Final.

The project’s meeting timeline is depicted below:

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Bijou Park Class 1 Bicycle Trail
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Task 2 – Site Surveying

2.1 Turner & Associates will set a minimum of six survey control points in locations approved by the City Engineer based on California State Plane Coordinate System, Zone 2 and NAD 83 for horizontal control and NAVD 88 for vertical control.

Deliverables: A minimum of six survey control points for construction surveying purposes for the proposed project.

2.2 To better concentrate the surveying effort and subsequent cost, the design team, during the development of design alternatives, will narrow down the corridor requiring topographic survey. In order to do this, we recommend that the topographic survey field work be delayed until alternative alignments are identified. We propose staking or marking the alternative alignment through the park and surveying a 100-foot swath centered on the alignment. The survey limits used to develop this scope of work is depicted in Figure 1. We anticipate that 2010 Tahoe Basin LiDAR information will be adequate to evaluate the alternative Class 1 section adjacent to Al Tahoe Boulevard between the two Bijou Park driveways and that topographic survey of this alternative segment will not be required as we do not expect that this segment will be selected for design due to grade issues that would increase project costs.

The topographic base map will be prepared as described in the Scope of Work Deliverables section with a one-foot contour interval and will include all surface features including buildings, park features, property lines, water quality treatment basin sites, drainage channels, curbs, sidewalks, trails, traffic signals, signal induction loops, signs, edge of pavement, power poles, drainage improvements, utility vaults, utility boxes, existing overhead and underground utilities (drainage, sewer, water, telephone, power, cable, natural gas, utility poles, guy wires, fire hydrants, valve boxes, hand-hole boxes, and vaults), fences, walls, trees, and spot elevations.

The map will include street cross-sections at 25-foot stations with grade shots at grade breaks and vertical offsets extending from 100 to 200 feet from the lip of gutter on Al Tahoe Boulevard as replacement of the existing curb and gutter is not currently anticipated to be required. Crossstreets shall include cross-sections on a minimum of 25-foot intervals for a distance of at least 100 feet beyond the Johnson/Al Tahoe Blvd right-of-way; again, the cross-sections will only extend to the lip of the curb and gutter adjacent to the proposed project. We assume that the proposed project would only require tie-in of the trail to the existing curb ramps and improvements constructed as part of the Al Tahoe Mobility Project and that no utility or signal improvements will be required. The limits of the topographic survey that is the basis for our scope cost is included in Figure 1.

Deliverables: Deliverables for this task will be as described in the Scope of Work Deliverables section.

Task 3 – Hydrologic and Hydraulic Analysis

3.1 ESE will determine the stormwater runoff volume infiltration requirements for the proposed trail and propose infiltration facilities to provide adequate treatment, while also considering long-term maintenance. Depending on the adjacent grades, current and future uses, soil erodibility, vegetation condition, and with approval of the reviewing agencies, we will also evaluate whether dispersal into areas adjacent to the trail would have less impact than constructing a standard infiltration trench. We do not anticipate any impacts to existing drainage systems and assume runoff created by the new trail can be accommodated through infiltration or flow spreading techniques. We will review stormwater impacts with each design phase and incorporate calculations into the Design Report and reflect results on the plans and in the specifications as applicable. At this time, we do not believe that use of a pervious trail surface to avoid installation of infiltration facilities will be less costly in the long-term.

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Bijou Park Class 1 Bicycle Trail
5 Eastern Sierra Engineering
Reno  Zephyr Cove  Bishop  Mammoth Lakes
Deliverables: Stormwater runoff and infiltration facility design calculations will be included in the Design Report prepared for each of the design submittals. Infiltration facility locations and details will be included on the project improvement plans. There will be no separate deliverables for the work described in this subtask.

Task 4 – Geotechnical Report

4.1 ESE will conduct a geotechnical investigation and prepare a geotechnical report.

4.2 Field work will include coordinating excavation of three trenches for profiling the soil in the project area and permeability tests will be conducted for the design of stormwater infiltration facilities. A soils hydrologic investigation and analysis will be performed if project excavations are expected to exceed five feet in depth or if groundwater interception is expected. We do not anticipate that either of these conditions pertain to the proposed project and, therefore, do not expect that a soils hydrologic investigation and analysis will be required, but we will perform such work if necessary and submit the application and documentation to TRPA for approval of the proposed excavation depth.

4.3 ESE will develop existing soils consolidation curves, optimum moisture content, and soils resistance R-values for pavement structural design; and

4.4 Provide pavement structural section specifications for the construction of the bicycle trail (Asphalt binding oil will be PG 64-28 PM).

Deliverables: Deliverables for this task will include the Geotechnical Report (Draft and Final), and a Soils Hydrologic study (Draft and Final) with application to TRPA, if required. Work related to incorporating the report recommendations and proposed excavation depth approval into the plans will be covered under those subtasks.

Task 5 – Traffic Study

5.1 Headway will prepare a Traffic Study for the project alternatives for the environmental documents.

Study Scenarios
Headway will evaluate the following scenarios: Existing and Existing Plus Project Headway will evaluate up to three (3) proposed design alternatives considered in the preliminary design process.

Data Collection & Existing Conditions Analysis
Headway will perform site reconnaissance of the project study area including intersection and roadway lane configurations, traffic controls, bicycle, pedestrian, and transit facilities, and vehicle travel patterns. Headway will document and illustrate the existing lane configurations, intersection controls, and existing conditions. Traffic counts are excluded from this scope of work.

Impact Analysis
We will use the CEQA Environmental Checklist for Transportation/Traffic, TRPA to determine any potential environmental impacts and document the results. Level of Service will not be evaluated. Safety and the effects on multimodal travel will be points of interest for NEPA/CEQA/TRPA review purposes. Intersection operations analysis is excluded from this scope of work.

Documentation
We will prepare a Traffic/Transportation Technical Study including the following sections:

Existing Conditions
Project Description and Location Map
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Bijou Park Class 1 Bicycle Trail
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Reno  Zephyr Cove  Bishop  Mammoth Lakes
Existing Plus Project Conditions
Trail Crossing Configuration Recommendations
Impact Analysis
Conclusions
Identification and Results of Mitigation Measures, if any Figures
Appendices
Deliverables: Headway will provide the following versions of the Traffic/Transportation Technical Study: Internal Draft (for initial City review), Administrative Draft (for team/agency coordination prior to public review).

5.2 Headway will provide general traffic engineering support during the preliminary, 60% and 90% design phases. Activities are anticipated to include offering advice, providing review, and assisting in design of unsignalized trail crossings, establishing design criteria, and applying the traffic study findings to the design. Pertinent analysis and information related to the preferred alternative will be brought forward from the environmental documents to be included in the Design Report.

Task 6 – Preliminary Plans (30%)

6.1 In conjunction with input from the City, the design team will develop two main alignments for the project. The alignment preferred by the City includes a Class 1 trail immediately adjacent to Al Tahoe Boulevard between Johnson Boulevard and the western Bijou Park driveway and a second section of Class 1 trail adjacent to Al Tahoe Boulevard between the eastern Bijou Park driveway; these Class I segments would be connected by a Class 2 alignment that would be located on widened existing park roadways, and a segment of Class 1 also through the park.

The second alternative would replace the section through the park with a Class 1 alignment along Al Tahoe Boulevard. The ESE team will develop the alternative segment through the park during a site visit with representatives from City staff to identify preferred routes, identify and minimize conflict points between trail users and park traffic and users, avoid the need to relocate existing park amenities, account for future park amenities, identify locations for wayfinding opportunities, and avoid existing trees. Routes will reflect safe trail crossings of existing driveways or park roadways. The alignment will be marked, flagged, or staked during the site visit to represent the center of a 100-foot-wide swath to be subsequently field surveyed.

During this same site visit, the Class 1 alignment segments along Al Tahoe will be determined, accounting for separation from the roadway for safety and snow removal activities, avoiding trees and excessive grades and grading, and determining fencing alignments, or replacements as applicable, for separation of the proposed trail from Al Tahoe or from the trail and the park. It is expected that the Class 1 alignment will follow the existing dirt trail on the south side of the existing bike park. The ESE team will discuss fencing and signage options with the city to control conflict between the proposed trail and existing bike park users and to inform trail users of the availability of the bike park and other park amenities. We understand that the Class 1 alignment can cross the right-of-way line of Al Tahoe Boulevard into Bijou Park, and that, in fact, the City prefers the Class 1 alignment along Al Tahoe to be located on the park property to the extent possible.

Once the two main alternative alignments are determined, the ESE team will prepare conceptual (10%) design plans showing the alignments and conceptual grading based on either topographic survey information developed for the project or 2010 LiDAR information. The preferred trail cross-section will include a 10-foot-wide paved trail, with two-foot compacted Class 2 aggregate base shoulders on either side. It is intended that the conceptual design plans will be prepared with each alternative depicted on a single sheet, in plan view only, with grading limits and C-094-2021
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conceptual trail and retaining wall improvements depicted to the extent that cost information can be prepared for each alternative for comparison purposes.

The design team will develop an alternatives matrix to numerically rank the alternatives on the following considerations:

Horizontal Alignment
Vertical Alignment
Geotechnical Considerations
Drainage & Water Quality
Utilities
Implementation & Construction Issues
Operation & Maintenance
Requirements
Environmental Impacts
Costs
Safety
Accessibility
Cultural Resource Impacts
Land Coverage
Other factors identified by the City or
ESE team
The alternatives will be evaluated numerically in matrix format and include descriptive pros and cons. The ESE Team and the City will collaboratively select a preferred alternative.

During the alternatives development process, the ESE Team will discuss park and trail theming, park entry improvements, fencing, signage, information kiosks and other wayfinding opportunities with the City for incorporation into the alternatives and further project design.

We will also review opportunities for additional unsignalized crossing locations along Al Tahoe for access to other community facilities.

6.2 ESE will prepare 30% preliminary drawings of preferred alternative on the base map information prepared in Task 2, as well as existing utility information obtained from the mapping and potholing effort described in Subtask 6.3. The plans will consist of a cover sheet with vicinity and location maps and signature blocks for the City Engineer and the engineer of record, and will include the sheet index and index plan. A separate sheet will include general construction notes, a symbol and material legend and a list of abbreviations. Plan sheets will be in plan-only format and will depict demolition, the preferred trail alignment, preliminary grading, and permanent and temporary best management practices and calculations. Information will be shown in plan view only. Plan view sheets shall include existing utilities to allow strategic location of proposed improvements to minimize utility conflicts; Headway will provide general traffic engineering support during the preliminary design phase. Activities are anticipated to include offering advice, providing review, and assisting in conceptual design of trail crossings, establishing design criteria, and applying the traffic study findings to the preliminary design.

6.3 ESE will obtain utility mapping from utility companies and purveyors in the project area, including obtaining park utility information from the City. Based on this mapping and anticipated grading depths for the preferred alternative, ESE will coordinate potholing of existing utilities that may conflict with the proposed improvements. If necessary, ESE will coordinate potholing of existing utilities and document existing utility depths for incorporation into the project design and on the project plans as applicable.

6.4 ESE will discuss with the City what issues currently exist that would influence TRPA’s approval of the proposed project. The TRPA permitting approach described in this proposal may need to be modified depending on the issues identified during this meeting.

ESE will prepare a Land Capability Verification application for submittal to TRPA. Based on a review of TRPA’s database and historical aerial imagery, construction of the park improvements commenced soon after TRPA was first instituted; therefore, verification of pre-TRPA land coverage will not be applicable. We will confirm our approach with TRPA, but we anticipate including the three park parcels fronting Al Tahoe Boulevard in the land capability verification C-094-2021
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application. We will then establish a project area on these three parcels that encompasses the limits of the topographic survey performed for the project in Task 2. We will calculate the allowable land coverage based on the area of each land capability within the project area, then calculate the existing land coverage by land capability in the project area. These calculations will be tabulated and will be the basis of land coverage calculations performed for the proposed project at each of the design levels. If the proposed project creates coverage in excess of the allowable coverage in a land capability in the project area, we assume that the City has coverage that can be transferred to the project to offset the excess. Land coverage calculation tables will be updated with each design submittal and will be included on the plan sheet that depicts the project area and the verified land capability district boundaries. Preparation of these calculations is included in this subtask, but the deliverables will be included in the subtask for the preparation of plans for each design level.

Deliverables: Land Capability Verification Application Package (Draft and Final)

6.5 ESE will develop a cost estimate based on the work depicted on the 30% design plans and recent unit prices from bids received on similar projects in the area.

Deliverables: 30% Engineer’s Estimate (Draft and Final) Task 7 – Environmental Documents

7.1 CEQA & NEPA Compliance Studies & Reports
The following reports will support both CEQA and NEPA compliance.

Cultural and Tribal Support for CEQA/NEPA
ESA will conduct cultural resources studies and prepare technical reports in order to comply with the requirements of CEQA, NEPA, Section 106 of the National Historic Preservation Act, California Assembly Bill 52 (AB 52) and Caltrans. In compliance with NEPA, CEQA and applicable Caltrans Guidelines, our team will complete the following tasks:

Define Area of Potential Effects: ESA will delineate an Area of Potential Effects (APE) for the proposed Project in coordination with the City and the Project team.

Conduct Records Search: ESA will conduct a records search at the North Central Information Center (NCIC) of the California Historical Resources Information Center.

Cultural Resources Survey: This scope assumes that the APE has not been previously surveyed for archaeological resources according to current professional standards (generally considered to be a survey within the past five years by a qualified professional archaeologist).

Two ESA archaeologists will conduct a pedestrian survey of the APE. Archaeological resources discovered as a result of the survey will be recorded, but will not be evaluated or tested for their potential eligibility for the National Register of Historic Places. This scope assumes up to two archaeological resources will be identified and recorded in the APE. Additional resources could be recorded and evaluated under a separate scope and budget. This scope assumes that no architectural resources requiring recordation or evaluation are present and that a Historic Resources Evaluation Report is not required.

Native American Correspondence (AB 52 and Section 106 Consultation Support):

ESA will contact the Native American Heritage Commission (NAHC) to request information on known sacred sites in the vicinity and a list of Native American representatives who may have an interest in the proposed Project. ESA will draft letters for the City to send to each Native American representative, inviting the recipients to consult under AB 52 and Section 106, and requesting that the recipients contact the City with any concerns regarding potential Project impacts to cultural resources.

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Technical Reports: ESA will prepare an Archaeological Survey Report (ASR) and a Historic Property Survey Report (HPSR) in accordance with NEPA and Caltrans requirements. These reports will document the methods and findings of the background research, survey, and Native American coordination. ESA will submit one electronic draft copy of each document for review.

ESA will prepare a final version of each report, incorporating one round of comments, and provide two paper copies and one electronic copy of each final version. ESA will provide a copy of the reports to the NCIC following City approval of the documents. This scope assumes there will be a finding of No Historic Properties Affected or No Adverse Effect to Historic Properties and thus a Memorandum of Agreement and/or a Historic Properties Treatment Plan would not be required.

Biological Resources Support for CEQA/NEPA
ESA will complete the following tasks related to biological resources and permitting.

Biological Resources Reconnaissance Survey: ESA will conduct database searches and reconnaissance-level biological field surveys of the study area to identify the potential for the presence of sensitive biological resources. Two biologists will conduct a reconnaissance-level survey of the study area: one wildlife biologist and one botanist/wetlands expert. The results of the reconnaissance survey and analysis will be used to inform the CEQA and NEPA compliance documents.

Based on our knowledge of the project site, this scope assumes that regulatory permitting under the Clean Water Act, State of California regulations, and TRPA regulations related to impacts to potentially jurisdictional aquatic resources will not be needed. If the biological resources reconnaissance survey determines that impacts to potentially jurisdictional aquatic resources could occur, ESA can prepare regulatory permitting applications under a separate scope.

Deliverables: Deliverables will be as noted in the description above.

7.2 CEQA Compliance
Prepare Administrative Draft IS/MND: ESA will prepare an IS/MND. The IS/MND will include a project description based on information provided by the City and the Project team.

An Environmental Checklist (Appendix G of the CEQA Guidelines) will be completed to assess the level of significance of potential impacts. Each topical area will present the standards of significance; describe the affected environment; describe data sources and technical analyses used for the CEQA analysis; discuss project-specific impacts; and identify mitigation measures, if necessary. The technical analyses in the IS/MND will reflect the technical reports prepared by the project team. These technical reports include a Hydrologic and Hydraulic Analysis (Task 3): a Geotechnical Report (Task 4); a Traffic Study (Task 5); an Archaeological Survey Report (ASR) and a Historic Property Survey Report (HPSR) (Task 7); a Biological Resources reconnaissance survey (Task 7); and Air Quality and Greenhouse Gas emissions modeling (included as part of this task). If deemed necessary, ESA can complete a Noise Study to assess the potential for temporary significant impacts related to construction of the bicycle trail.

Prepare Public Draft IS/MND: Following internal City review of the administrative draft IS/MND, ESA will review the City’s comments and make changes as necessary, resulting in a Public Draft IS/MND that is ready for distribution.

Prepare Notice of Completion and Notice of Intent to Adopt: ESA will prepare the Notice of Intent (NOI) to Adopt an MND and Notice of Completion (NOC) for review by the City. ESA will then submit the NOI and attached IS (including the Environmental Checklist) along with the NOC to the State Clearinghouse (electronic submittal). The City will also post these documents to their website for public review. Paper copies for public review are not C-094-2021
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expected to be needed. It is assumed that the City will send the NOC to the County clerk’s office and will publish the NOC in the local newspaper. It is also assumed the City will pay for any submittal or posting fees.

Final IS/MND: At the close of the anticipated 30-day public review period ESA will prepare responses to comments and an errata outlining any recommended changes to the text of the Public Draft IS/MND. It is assumed that up to five substantive comments will be received on the Public Draft IS/MND.

ESA will prepare the Mitigation Monitoring or Reporting Plan (MMRP) and Notice of Determination (NOD). Within five days of the adoption of the MND, ESA will file the NOD with the State Clearinghouse. It is assumed the City will submit the NOD to the County clerk, and will pay for any submittal or posting fees, such as the California Department of Fish and Wildlife (CDFW) fee. It is assumed the City will prepare the Project findings.

Deliverables: Deliverables will be as noted in the description above.

7.3 NEPA Compliance
Prepare Administrative Draft EA: ESA will prepare an administrative draft EA which fulfills the environmental review requirements of 24 CFR Part 58 in HUD’s recommended EA format.

This includes analysis of the project’s compliance with statutes, authorities, and executive orders related to Historic Preservation, Floodplain Management, Wetland Protection, Coastal Zone Management, Sole Source Aquifers, Endangered Species, Wild and Scenic Rivers, Air Quality, Farmland Protection, Noise Control and Abatement, Explosive and Flammable Operations, Airport Hazards, Contamination and Toxic Substances, and Environmental Justice.

ESA will also address the following issues specifically called out in the HUD NEPA EA Checklist:

Land Development, Socioeconomics, Community Facilities and Services, Natural Features, and Other Factors. ESA will utilize environmental analysis from Task 7.1 and supplement this analysis with NEPA/HUD-specific requirements. For example, air quality emissions will be compared to federal de minimis thresholds. ESA will include a discussion of cumulative impacts and alternatives considered. ESA will complete a records search for past contamination/hazardous materials releases; if deemed necessary by HUD, ESA can complete a Phase I Environmental Site Assessment and site visit to assess potential hazardous releases under a separate scope.

Section 106 and Section 7 Concurrence Letters: Section 106 National Historic Preservation Act documentation will be prepared as part of Task 7.1. ESA will draft a letter requesting concurrence with the findings of the documentation prepared in Task 7.1, which is assumed for the purposes of scoping to be No Historic Properties Affected or No Adverse Effect to Historic Properties. This letter will be reviewed and sent by the City to the State Historic Preservation Office.

ESA will draft a letter requesting concurrence from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act. For the purposes of scoping a finding of No Effect to Federally-listed species or Critical Habitat is assumed. The letter will include a summary of the biological surveys and analysis prepared for Task 7.1. This letter will be reviewed and sent by the City to the U.S. Fish and Wildlife Service.

A 30-day response will be requested from the agencies. HUD assumes compliance with the provisions of Section 106 and Section 7 if no response is received within 30 days.

Prepare Public Version EA: Following internal City review of the administrative draft EA, ESA will review the City’s comments and make changes as necessary, resulting in an EA that is ready for public distribution.

Prepare Public Notice: ESA will prepare a combined draft Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds for the City’s review. It is assumed C-094-2021
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that the City will finalize and publish the Notice in the local newspaper and submit to the County clerk. We assume that the City will complete and file the Request for Release of Funds and Certification.

7.4 ESE will proceed with permitting based on our meeting with TRPA described in Subtask 1.2 and our meeting with the City described in Subtask 6.4. ESE will prepare the appropriate application package and submit it with the 60% Design Plans. The initial environmental checklist will be based on the information contained in the CEQA and NEPA documents. As we do not expect that the TRPA conditional permit will not be issued prior to the preparation of the 90% plans, and despite our assumption that TRPA will be represented on the TAC, we will request that the TRPA planner reviewing the application package for the project provide any critical changes that will need to be made to the project design. We will address special conditions from the conditional permit as applicable in the 100% Bid Plans and Specifications, and coordinate the permit acknowledgment package and meeting with TRPA staff.

Deliverables: TRPA Project Application Package (Draft and Final)

7.5 ESE will prepare the Stormwater Pollution Prevention Plan (SWPPP) for the proposed project in accordance with California Regional Water Quality Control Board, Lahontan Region, requirements. The SWPPP will be based on the latest CASQA template and will reference primarily CASQA standard details, supplemented by details prepared specifically for the project.

Deliverables: SWPPP preparation is included in each of the 60%, 90%, and 100% design levels.

There will be no separate deliverables for the work described in this subtask.

Task 8 – 60% Design Level PS&E Documents and Draft Design Report

8.1 The ESE Team will incorporate City comments, TAC 30% design review comments and required mitigation measures from the environmental documents into the 60% Design package;

8.2 The ESE team will add the following to the 60% Design Plans; datum, basis of bearing, and point data sheets; alignment tables; typical cross sections for each trail condition showing existing grade and proposed improvements; more refined grading; fencing, signage and trail appurtenances; signage and striping; construction staging areas; and, detail sheets. All project design components are expected to be reflected in the 60% design package. No lighting is anticipated for the proposed project, and we assume that the City would prefer to tie any proposed irrigation components to existing irrigation system controllers in the park to avoid the cost of an additional water service connection from STPUD; therefore, we do not expect any electrical work to be required as part of the design process or the project improvements.

Though the scope of the proposed landscaping and irrigation improvements is expected to be minimal, landscape and irrigation information will be included in the 60% and subsequent design packages. A draft set of technical specifications will be included with this design package.

8.3 Turner will stake the proposed trail centerline based on the draft 60% plans prior to a site visit with ESE team members and the City project manager to identify any issues and confirm proposed improvements and plans correctly correspond with field conditions. Comments from the site visit will be incorporated into the final 60% design package.

8.4 ESE will develop a cost estimate based on the work depicted on the 60% design plans and recent unit prices from bids received on similar projects in the area.

8.5 The ESE team will prepare a Design Report corresponding to this level of design that will describe the proposed improvements and design decisions made. compliance with accessibility (ADA or PROWAG) standards, the alternatives analysis, topography, drainage and water quality systems; proposed construction methods; geotechnical report findings; retaining wall types (if applicable); and areas of potential environmental, historical and cultural impacts. The report will include figures showing the alternatives considered and describe the process to select the C-094-2021
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Reno  Zephyr Cove  Bishop  Mammoth Lakes
preferred alternative. The design report will also discuss proposed project components that do not comply with City PIES and the reasons for those departures. The SWPPP will be prepared as discussed in Subtask 7.5.

Deliverables: Deliverables for this task will be as described in the Scope of Work Deliverables section.

Task 9 – 90% Design Documents (Detailed Plans, Specifications, and Estimate)

9.1 The ESE Team will incorporate City comments and TAC 60% design review comments into the 90% design package.

9.2 The ESE team will further refine the 90% design package, including plans and specifications.

9.3 The ESE team will update the Project Design Report and SWPPP to correspond with the 90% PS&E submittal.

9.4 ESE will revise the 60% cost estimate based on the 90% plans.

Deliverables: Deliverables for this task will be as described in the Scope of Work Deliverables section.

Task 10 – 100% Bid Documents

10.1 The ESE team will incorporate City comments, TAC 90% design review comments, and TRPA special conditions from the conditional permit into the design package.

10.2 The ESE Team will further refine the documents to produce the 100% plans and specifications.

10.3 The ESE Team will update the Project Design Report and SWPPP to correspond to the 90% PS&E submittal.

10.4 ESE will provide 100% plans and specifications to finalize permits being obtained for the project.

ESE will post the SWPPP in SMARTS.

10.5 ESE will revise the 90% cost estimate based on the 100% plans.

Deliverables: Deliverables for this task will be as described in the Scope of Work Deliverables section.

Task 11 – Bid Assistance During the bid phase, we will answer questions and address comments from prospective bidders that pertain to the plans and specifications. We will incorporate responses to these questions and comments as part of addenda that are prepared and issued by the City. We assume that we will contribute to three addenda. We will also review cost and experience information submitted by bidders if required as part of the bid evaluation process.

SCOPE OF WORK DELIVERABLES
Deliverables for the scope of work, including but not limited to memorandums, reports, NEPA studies, CEQA studies, consultant’s project design schedule (MS Project Gantt Chart), 30%, 60%, 90% and 100% PS&E documents, and Design Report, shall be as described specifically within this Scope of Work or as listed below.

Reports and documents prepared for environmental permitting shall be provided as administrative drafts for internal City review, external drafts for City Council, agency, project stakeholders, and public reviews, and subsequently final documents. Drafts and final documents shall be provided in the following formats:

Administrative draft: one electronic copy (MS Word/Excel/Project format); External draft: one hard copy and one electronic copy (MS Word/Excel/Project format); and Final document: a maximum of three hard copies, one electronic copy (MS Word/Excel/Project format), and one electronic copy (pdf format).

Interim graphic deliverables including but not limited to the project base map, report figures and maps, and the 30% design drawings shall be provided as administrative drafts for internal City review, external C-094-2021
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Bijou Park Class 1 Bicycle Trail
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Reno  Zephyr Cove  Bishop  Mammoth Lakes
drafts for City Council, agency, project stakeholders, and public review, and final documents.

Documents shall be provided in the following formats:

Administrative draft: one electronic copy (pdf format)
External draft: one full-size hard copy and one electronic copy (pdf format) Final Document: one full-size hard copy and one electronic copy (pdf format) The Preliminary Plan (30%) design drawings shall be delivered in PDF. The delivered PDF drawings shall include topographic contours, spot elevations, location of existing structures, utilities, existing street improvements and the preferred design alternative.

A written summary of the survey data used to create the drawings shall be provided and shall include all relevant benchmark and tie-in information, basis of bearing, local control point information (CP’s), and coordinate system data. In addition, a data table of coordinates and elevations of data is to be included.

The 30%, 60%, 90%, and 100% PS&E and Design Report submittals shall be provided in the following format:

Plan Sets:

Three full-size sets of drawings on inkjet or medium bond paper; One half-size set of drawings on inkjet or medium bond paper; and Two electronic copies saved to a CD. One in PDF format and one in dwg format. Reports:

Design Report (Traffic Analysis, Hydrology, Hydraulics, Stormwater Infiltration, Alternative Analysis, Permits, Existing Conditions Photos) – Submit in MS Word and PDF.

SCOPE COST
Our costs associated with the scope of work described above are summarized in the table below.

Detailed cost tables are attached.

Task Description
ESE &
SUBCONSULTANTS*
ESE Labor
ESE Non- Labor
Costs
ESA*
MDG
Headway
Turner
1 Project Management, Public Outreach,
Meetings, Coordination $50,053 $32,720 $- $3,320 $12,437 $- $- 2 Site Surveying $25,330 $470 $- $- $ - $- $22,600
3 Hydrologic & Hydraulic Analysis $2,690 $2,690 $- $- $ - $- $- 4 Geotechnical Report $10,040 $6,740 $3,000 $- $ - $- $- 5 Traffic Study $13,630 $320 $- $- $ - $ 12,100 $-
6 Preliminary Design (30%) $79,377 $21,280 $8,000 $- $33,515 $ 11,300 $- 7 Environmental Documents $105,682 $16,120 $- $ 81,420 $ - $- $- 8 60% Design $45,046 $11,320 $- $- $22,460 $ 1,800 $6,400 9 90% Design $24,476 $11,080 $- $- $10,378 $ 1,800 $-
10 100% Design $12,281 $6,800 $- $- $4,983 $- $-
11 Bid Assistance $7,948 $5,120 $- $- $2,571 $- $-
Subtotal $376,552 $114,660 $11,000 $84,740 $86,344 $27,000 $29,000 Total Hours 2361 894 490 817 160 82
Total ESE Labor Costs $114,660
Total Non-Labor/Subconsultant Costs $238,084 $11,000 $ 84,740 $86,344 $ 27,000 $29,000 10% Markup $23,808
Project Total $376,552
* Task costs include labor & subconsultant markups.

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Bijou Park Class 1 Bicycle Trail
14 Eastern Sierra Engineering
Reno  Zephyr Cove  Bishop  Mammoth Lakes
SCHEDULE: Our proposed schedule to accomplish the described work is below, and is subject to responsiveness from utilities, permitting agencies and other entities.

C-094-2021
DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 833
ESE &
SUBCONSULTANTS*
ESE Labor by Task
Principal Engineer
($180/hr)
Senior Engineer ($160/hr)
Project Engineer
($130/hr)
Staff Engineer ($110/hr)
Senior Technician/
Inspector ($120/hr)
Sr CAD Drafter ($105/hr)
Non- Labor Costs
ESA*
MDG
Headway
Turner
1 Project Management, Public Outreach, Meetings, Coordination $ 50,053 $ 32,720 134 48 48 $ 3,320 $ 12,437 -$ $ - 2 Site Surveying $ 25,330 $ 470 22 $ - $ - $ - $ 22,600 3 Hydrologic & Hydraulic Analysis $ 2,690 $ 2,690 4 412 2 $ - $ - $ - $ - 4 Geotechnical Report $ 10,040 $ 6,740 12 2 32 4 $ 3,000 -$ $ - $ - $ - 5 Traffic Study $ 13,630 $ 320 2 $ - $ - $ 12,100 $ -
6 Preliminary Design (30%) $ 79,377 $ 21,280 60 24 32 48 $ 8,000 -$ $ 33,515 $ 11,300 $ -7 Environmental Documents $ 105,682 $ 16,120 24 16 24 72 $ 81,420 $ - $ - $ -8 60% Design $ 45,046 $ 11,320 824 40 24 $ - $ 22,460 $ 1,800 $ 6,400 9 90% Design $ 24,476 $ 11,080 12 24 32 24 $ - $ 10,378 $ 1,800 $ - 10 100% Design $ 12,281 $ 6,800 816 16 16 $ - $ 4,983 -$ $ - 11 Bid Assistance $ 7,948 $ 5,120 612 16 8 $ - $ 2,571 -$ $ - $ 376,552 $ 114,660 12 260 170 172 32 248 $ 11,000 $ 84,740 $ 86,344 $ 27,000 $ 29,000 2361 894 12 260 170 172 32 248 490 817 160 82
$ 114,660 $ 114,660 $ 2,160 $ 41,600 $ 22,100 $ 18,920 $ 3,840 $ 26,040 $ 238,084 $ 11,000 $ 84,740 $ 86,344 $ 27,000 $ 29,000
$ 23,808$ 376,552
* Task costs include labor & subconsultant markupsTotal Non-Labor / Subconsultant Costs10% MarkupProject Total Task Description
Project Total
Total HoursTotal ESE Labor Costs
C-094-2021 DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 834
Totals
Air Quality
Director ($240)
Project Director
($225)
Sr Traffic
Analys/Sr Noise
Analyst ($205)
Proj Manager/Sr
Biologis/Sr
Archaeologist/Sr
Scientist ($190)
Air Quality
Scientist GIS
Technician ($160)
Water Quality
Scientist/
Hydrologist
($150)
Archaeologist
($135)
Biologist/Env
Scientist/Noise
Analyst ($125)
Project
Technician II
($120)
Non- Labor
Costs
1 Project Management, Public Outreach, Meetings, Coordination $ 3,320 14 $ 600 2 Site Surveying $ -
3 Hydrologic & Hydraulic Analysis $ -
4 Geotechnical Report $ -
5 Traffic Study $ -
6 Preliminary Design (30%) $ -
7 Environmental Documents $ 81,420 6 48 28 98 72 16 110 88 10 3,500 $ 8 60% Design $ - 9 90% Design $ -
10 100% Design $ -
11 Bid Assistance $ -
$ 6 48 28 112 72 16 110 88 10 4,100 84,740 $
490 6 48 28 112 72 16 110 88 10
$ 1,440 80,230 $ 10,800 $ 5,740 $ 21,280 $ 11,520 $ 2,400 $ 14,850 $ 11,000 $ 1,200 $ $ 4,100 $ 4,100
$ 410$ 84,740
Total Labor CostsTotal Non-Labor / Subconsultant Costs10% MarkupProject Total Task Description
Project Total
Total Hours
C-094-2021 DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 835
Totals
Principal
($170/hr)
Project Manager
($136/hr)
Drafting
Technician
($87.50/hr)
Administrator
($75/hr)
Non- Labor
Costs
1 Project Management, Public Outreach, Meetings, Coordination $ 12,437 8 32 70 8 2 Site Surveying $ -
3 Hydrologic & Hydraulic Analysis $ -
4 Geotechnical Report $ -
5 Traffic Study $ -
6 Preliminary Design (30%) $ 33,515 28 80 200 57 Environmental Documents $ - 8 60% Design $ 22,460 16 40 160 4
9 90% Design $ 10,378 6 28 60 4
10 100% Design $ 4,983 2 13 32 1
11 Bid Assistance $ 2,571 1 16 3
$ 61 209 522 25 - 86,344 $
817 61 209 522 25
$ 10,370 86,344 $ 28,424 $ 45,675 $ 1,875 $
$ - $ -
$ -$ 86,344
Total Labor CostsTotal Non-Labor / Subconsultant Costs10% MarkupProject Total Task Description
Project Total
Total Hours
C-094-2021 DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 836
Totals
Principal
($230/hr)
Associate II
($180/hr)
Senior Engineer II
($160/hr)
Senior Engineer
($150/hr)
Technician
($110/hr)
Administrative
Assistant ($80/hr)
Non- Labor
Costs
1 Project Management, Public Outreach, Meetings, Coordination $ -2 Site Surveying $ -3 Hydrologic & Hydraulic Analysis $ -4 Geotechnical Report $ -5 Traffic Study $ 12,100 10 40 10 10 10 6 Preliminary Design (30%) $ 11,300 10 507 Environmental Documents $ - 8 60% Design $ 1,800 10
9 90% Design $ 1,800 10
10 100% Design $ -
11 Bid Assistance $ -
$ 27,000 20 70 40 10 10 10 $ -
150 20 70 40 10 10 10
$ 27,000 $ 4,600 $ 12,600 $ 6,400 $ 1,500 $ 1,100 $ 800 $ - $ -
$ -
$ 27,000
Total Labor CostsTotal Non-Labor / Subconsultant Costs10% MarkupProject Total Task Description
Project Total
Total Hours
C-094-2021 DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 837
Totals
One Man Survey
Crew ($300/hr)
Two Man Survey
Crew ($400/hr)
Three Man
Survey Crew
($450/hr)
Licensed Land
Surveyor
($300/hr)
Draftsman/AutoC
AD ($250/hr)
Non- Labor
Costs
1 Project Management, Public Outreach, Meetings, Coordination $ -2 Site Surveying $ 22,600 40 2 24 3 Hydrologic & Hydraulic Analysis $ -
4 Geotechnical Report $ -5 Traffic Study $ -6 Preliminary Design (30%) $ -7 Environmental Documents $ -8 60% Design $ 6,400 16 9 90% Design $ -
10 100% Design $ -11 Bid Assistance $ -
$ 29,000 0 56 0 2 24 -$
82 0560 224
$ 29,000 -$ 22,400 $ -$ $ 600 $ 6,000
$ - $ -$ -$ 29,000
Total Labor CostsTotal Non-Labor / Subconsultant Costs10% MarkupProject Total Task Description
Project Total
Total Hours
C-094-2021 DocuSign Envelope ID: 305FD916-4050-4EAD-9958-8A7B437FC6B4 838

EXHIBIT B

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 this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

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

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant:

By:________________________________________
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6KDZQ-HQNLQV3ULQFLSOH(QJLQHHU
__________________________
6K - NL 3 L L O (
839
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:3
Agenda Item: Correction of Assessor Parcel Numbers for Grant of Permanent Easement to Liberty Utilities for Underground and Above Ground Utility Facilities at Harrison Avenue Parking Lot Executive Summary: Corrected APNs for Resolution to execute Permanent Utility Easement for Liberty Utilities for the purpose of expanding infrastructure to service 12 Electric Vehicle Charging Stations at APNs 026-113-007, 026-113-008, 026-113-009, 026-113-010, 026-113-011, all City Owned Parcels.

Requested Action / Suggested Motions: Pass a Resolution Granting a Permanent Utility Easement to Liberty Utilities for the purpose of expanding infrastructure to service 12 Electric Vehicle Charging Stations at APNs 026-113-007, -008, -009, -010, and -011, all City-owned parcels.

Responsible Staff Member: Emily Dougherty, Associate Transportation Planner 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 - Harrison Liberty Easement.docx
02-Resolution - Correction to Liberty Easement.docx
03-Grant of Easement Harrison Liberty (Exh. A to Reso).pdf 840
Council Agenda Report August 12, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Correction of APNs for Grant of Permanent Easement to Liberty Utilities for Underground and Above Ground Utility Facilities Associated with Electric Vehicle Charging Stations
Location: 3069 Harrison Avenue, 981 Modesto Avenue, 977 Modesto Avenue, 973 Modesto Avenue and 969 Modesto Avenue, South Lake Tahoe, California (APNs 026-113-007, 026-113-008, 026-113- 009, 026-113-010, 026-113-011)
Responsible Staff Member: Emily Dougherty, Associate Transportation Planner 530-542-6070 Background: In 2021, Tesla approached City Staff expressing interest in partnering in order to provide 12 electric vehicle fast chargers on City property to respond to the growing customer demand in South Lake Tahoe. The public parking lot at the corner of Modesto Avenue and Harrison Avenue was identified as the best location. Several designs were considered until one was selected with the most streamlined snow management considerations.

Liberty Utilities has a design for a new 1,600 A 277/480 Panel to serve the 12 Tesla Electric Vehicle Supercharger Ports. The design includes intercepting existing primary conduit between existing LJE73 and N-48 Box northeast of riser pole 116698. The project proposes to install a new 3 phase LJE between aforementioned facilities and run new 3-1/10 cable. The project will extend underground primary line west along Modesto Avenue and install a second LJG per cable pull calculations, and install new line north from second LJE to T-1. Cable service will be installed to customer’s panel. New primary conduit will be stubbed for future use.

Issue and Discussion:

The action of Granting a Permanent Easement to Liberty Utilities was brought before City Council on May 6, 2025 but inadvertently included APN 026-113-114 which is not part of the proposed easement.

The action requested is to approve a new Resolution correcting this mistake, granting a Permanent Easement to Liberty Utilities on APNs 026-113-007, 026-113-008, 026-113-009, 026-113-010, 026- 113-011.

The underground and above ground infrastructure proposed by Liberty Utilities to serve the 12 Tesla Electric Vehicle Super Charger Ports are being installed in the City Right of Way and upon City Property located at 3069 Harrison Avenue, 981 Modesto Avenue, 977 Modesto Avenue, 973 Modesto Avenue and 969 Modesto Avenue. A Grant of Easement (Attachment 03) is required to construct, operate, add to, modify, maintain and remove aboveground electric line systems for the distribution and transmission of electricity underground, consisting of cables, conduit, duct banks, manholes, vaults, and other equipment, fixtures, apparatus and improvements (“Underground Utility Facilities”) and transformers (aboveground or underground), cabinets (aboveground or underground), bollards (aboveground), and 841
Council Agenda Report August 12, 2025 Page 2 of 2
other equipment, fixtures, apparatus and improvements (“Additional Utility Facilities”) upon, over, under and through the property legally described in Exhibit A (Attachment 04) and Exhibit B (Attachment 05), attached hereto and by this reference made a part of this Grant of Easement (“Easement Area”).

Financial Implications: The City of South Lake Tahoe is granting the permanent utility easement to Liberty Utilities for and in consideration of the sum of a value less than $100 ($0.00 Transfer Tax).

Environmental Considerations: Pursuant to Public Resources Code Section 21080 and California Code of Regulations, Title 14, Section 15061(b)(3), the granting of this utility easement is exempt from the provisions of California Environmental Quality Act (CEQA) because it involves the construction or placement of minor infrastructure and does not result in significant environmental impacts. Specifically, this actions qualifies for exemption under CEQA Guidelines Section 15303 (Class 3), which covers the constructions of small structures, such as the installation of utility infrastructure.

Policy Implications: The City’s Climate Action Plan addressed the need for increased use of electric vehicles in Strategy 3: Electric Vehicles (EVs) – Increase the Use of EVs to Reduce Emissions from Passenger and Transit Vehicles. Under Strategy 3, Action EV-1 states the intent to promote and incentivize EVs and EV chargers. The CAP set the metric of seeing 50 nonresidential chargers installed in South Lake Tahoe by 2030.

The CAP EV-1 directs the City to consult with the TRPA’s Tahoe-Truckee Electric Vehicle Readiness Plan. Goal 1 is to ‘Maximize the share of electric miles traveled in the Tahoe-Truckee Region to achieve sustainability and environmental improvement objectives, especially reducing greenhouse gas emissions, and criteria air pollutants.” Performance metric 1a is “avoided environmental harms attributable to electric vehicle miles, including GHG emissions, and criteria air pollutants.” Performance metric 1b is “charging stations deployed at select destinations in the Tahoe Region, for instance at popular sites such as in or near town and regional centers, retail centers, beaches, recreational areas, educational facilities, and large marinas.” The City’s Electric Vehicle Charger Siting Plan, adopted in May 2022, identifies the Modesto/Harrison parking lot for 12 DC fast chargers. 842
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
Correction of APNs for Grant of Permanent Easement for Liberty Utilities for Underground and Above Ground Utility Facilities Associated with Electric Vehicle Charging Stations (Replaces Resolution 2025-036)

BACKGROUND
A. On February 14, 2023, the City Council passed a Motion authorizing and directing the Mayor to execute a Supercharger Lease Agreement with Tesla for a term of five years contingent upon permit issuance by the City of South Lake Tahoe for the City-owned parcel at 3069 Harrison Avenue (APNs 026-113- 007, 026-113-008, 026-113-009, 026-113-010, 026-113-011).

B. On February 5, 2025, the Department of Public Works issued Permit EN24-2408 for Grading and Encroachment to Liberty Utilities for the installation of underground and above ground utility infrastructure to support the 12 Tesla Superchargers.

C. As part of the installation project of the 12 Tesla Superchargers, Liberty Utilities needs to expand their infrastructure to accommodate the installation on the City-owned parcel, requiring a permanent Utility Easement be recorded.

D. On May 6, 2025 the action of Granting a Permanent Easement to Liberty Utilities was brought before City Council but inadvertently included APN 026-113-114 which is not part of the proposed easement.

The action requested is to approve a new Resolution correcting this mistake, granting a Permanent Easement to Liberty Utilities on APNs 026-113-007, 026-113-008, 026-113-009, 026-113-010, 026-113- 011, all City owned parcels.

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 Pro Tem to execute the Grant of Permanent Utility Easement to Liberty Utilities for the property located at APNs 026-113-007, 026-113-008, 026-113-009, 026-113-010, 026- 113-011, all City owned parcels, attached hereto as Exhibit “A.”

2. Authorizes and directs the City Manager to take any further actions necessary to implement the Permanent Utility Easement for the purpose of supporting the Electric Vehicle Charging Stations.

Adopted by the City of South Lake Tahoe City Council on August 12, 2025 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:______________
Cody Bass, Mayor Pro Tem
843
Resolution 2025-XXX August 12, 2025 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
844
APN: 026-113-007, 008, 009, 010, 011-000
Project Number: LNC-01452
8800-0123-9352
1 Recording Requested by and
When recorded return to:

Liberty Utilities
Easement and Land Dept.
933 Eloise Ave.

South Lake Tahoe, CA. 96150

GRANT OF EASEMENT
City of South Lake Tahoe, 1740 “D” Street, South Lake Tahoe, CA. 96150 (Grantor) for and in consideration of the sum of a value less than $100, (R&T 11911 $0.00 Transfer Tax) – receipt of which is hereby acknowledged by Grantee and on behalf of them and their successors and assigns, grants and conveys to Liberty Utilities, LLC. (CalPeco Electric), a California Limited Liability Company, (Grantee) and its successors and assigns, a perpetual right and easement:

1. To construct, operate, add to, modify, maintain and remove aboveground electric line systems for the distribution and transmission of electricity underground, consisting of cables, conduit, duct banks, manholes, vaults, and other equipment, fixtures, apparatus and improvements (“Underground Utility Facilities”) and transformers (aboveground or underground), cabinets (aboveground or underground), bollards (aboveground), and other equipment, fixtures, apparatus and improvements (“Additional Utility Facilities”) upon, over, under and through the property legally described in Exhibit A, attached hereto and by this reference made a part of this Grant of Easement (“Easement Area”);

2. For ingress (entering) and egress(leaving) to, from, over and across the Easement Area for the allowed purposes defined in numbered paragraph 1 above and for all other activities permitted by this Agreement;

3. To remove, clear, cut or trim any obstruction or material (including trees, other vegetation, and structures) from the surface or subsurface of the Easement Area as Grantee may deem necessary or advisable for the safe and proper use and maintenance of the Underground Utility Facilities or the additional Utility facilities within the Easement Area;

4. Said utility facilities are to be installed at the location as described in Exhibit “B” attached hereto and made part hereof.
845
APN: 026-113-007, 008, 009, 010, 011-000
Project Number: LNC-01452
8800-0123-9352
2 5. Notwithstanding the foregoing, with respect to the Underground Utility Facilities, Easement Area shall be reduced to an area ten (10) feet in width, being five (5) feet on each side of the centerline of the Underground Utility Facilities after same are installed in connection with Liberty Utilities project. The easement area around any additional Utility Facilities shall be reduced to three (3) feet in all directions around the perimeter of the additional Utility Facilities, as originally installed in connection with Liberty Utilities project.

Grantor covenants for the benefit of Grantee, its successors and assigns, that no building, structure or other real property improvements will be constructed or placed on or within the Easement Area without the prior written consent of Grantee, such structures and improvements to include, but not limited to, drainage, trees, bridges, signage, roads, fencing, storage facilities, parking canopies, and other covered facilities. Grantor must document Grantor’s consent by signing Grantee’s standard, recordable easement agreement. Grantor retains, for its benefit, the right to maintain, use and otherwise landscape in the Easement Area for its own purposes; provided, however, that all such purposes and uses do not interfere with Grantee’s rights herein and are in all respects consistent with the Grantee’s rights herein, Grantee’s electrical practices and the National Electrical Safety Code. Grantee may use this easement to provide service to any of its customers.

To the fullest extent permitted by law, Grantor and Grantee waive any right each may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this Grant of Easement.

Grantor and Grantee further waive any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. __________________________________
Date
CITY OF SOUTH LAKE TAHOE:
__________________________________ Cody Bass___________________________________ Cody Bass, Mayor Pro Tem Print Name
APPROVE AS TO FORM:
__________________________________ Heather Stroud___________________________________ Heather Stroud, City Attorney Print Name
ATTEST:
__________________________________ Susan Blankenship__________________________________ Susan Blankenship, City Clerk Print Name
846
APN: 026-113-007, 008, 009, 010, 011-000
Project Number: LNC-01452
8800-0123-9352
3 ACKNOWLEDGMENT
State of California
County of El Dorado )
On August 12, 2025 before me,
(insert name and title of the officer)
personally appeared Cody Lee Bass ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Place Seal Above)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
847
EXHIBIT “A”
JN 11282.001
A portion of that certain real property situate within Section 32, Township 13 North, Range 18 East, M.D.B.& M., County of El Dorado, State of California, being a portion of Lots 6, 7, 8, 9, & 10, Block 59, as shown and delineated on Amended Map of Al Tahoe, recorded on November 21, 1917, in Book A of Maps, Page 3, Official Records of El Dorado, State of California, being more particularly described as follows:

BEGINNING at a point on the west line of said Lot 10, from which point the northwest corner of said Lot 10 bears North 8°15’04” West, said bearing being the west line of Lot 10, a distance of

23.04 feet;
THENCE North 74°45’51” East, 13.33 feet to a point;
THENCE North 6°47’41” West, 21.43 feet to a point on the north line of said Lot 10; THENCE along said north line of Lot 10, North 81°44’56” East, 21.15 feet; THENCE Along a line through said Lots 6, 7, 8, 9, & 10, the following five (5) bearings and distances:

1. South 5°24’01” East, 92.76 feet,

2. South 43°40’16” East, 21.04 feet,

3. North 81°42’26” East, 150.06 feet,

4. North 33°22’27” East, 21.54 feet,

5. North 42°32’37” East, 49.67 feet, more or less, to the east line of said Lot 5, a line common to the west line of Harrison Avenue, a right of way 40 feet in width; THENCE Along said east line of Lot 5, South 1°10’04” East, 15.37 feet; THENCE South 38°14’32” West, 31.99 feet;
THENCE South 56°44’02” East, 24.63 feet to a point on said east line of Lot 5; THENCE Along said east line, South 1°10’04” East, 4.24 feet, to the southeast corner of said Lot 6, also being the southeast corner of Block 59 in said A of Maps, Page 3; THENCE Leaving said line and corner, along a line through said Lots 6, 7, 8, 9, & 10, the following six (6) bearings and distances:

1. South 81°44’56” West, 9.81 feet,

2. North 56°44’02” West, 20.88 feet,
848

3. South 42°34’29” West, 21.41 feet,

4. South 81°42’26” West, 157.77 feet,

5. North 61°10’11” West, 25.17 feet,

6. South 87°16’12” West, 18.37 feet, to a point on the west line of said Lot 10; THENCE along said west line, North 8°15’04” West, 10.01 feet; THENCE leaving said west line, along a line through said Lot 10, the following three (3) bearings and distances:

1. North 81°02’02” West, 18.31 feet,

2. North 9°51’36” West, 60.31 feet,

3. South 79°03’48” West, 16.63 feet, to a point on the said west line of Lot 10; THENCE along said west line, North 8°15’04” West, 10.07 feet, to the POINT OF BEGINNING and END OF THIS DESCRIPTION.

Containing 4,834 square feet, more or less.

The Basis of Bearings for this description is based on the California State Plane Coordinate System Zone 2, NAD83 (2011). Distances shown are ground distances using a project combined grid to ground scale factor of 1.000376832. Record bearing of Modesto Ave, as shown on Amended Map of Al Tahoe, Recorded November, 21 1917, in Books A of Maps, Page 3, Official Records of El Dorado County, State of California, was rotated 1°12’34” counterclockwise.

Refer to Exhibit “B” attached hereto and by this reference made a part of.

Prepared by:

Lumos & Associates, Inc.

Michael Craven, PLS-9685
312 Dorla Court, Suite 202
PO Box 890
Zephyr Cove, NV 89448
849
BLOCK 59
LOT 10
APN: 026-113-011
LOT 7
APN: 026-113-008

EL DORADO COUNTY
EXHIBIT "B"
A POR. OF LOTS 6, 7, 8, 9, 10, BLOCK 59

OF THE AMENDED MP OF AL TAHOE
3069 HARRISON AVENUE
PORTION OF SEC. 32, T13N, R18E, MDM

CALIFORNIA
312 DORLA COURT, SUITE 202
ZEPHYR COVE, NV 89448 TEL: 775.588.6490
DATE: 06/2025
SCALE: 1" = 50'
JOB NO: 11282.001

HARRISON AVE

MODESTO AVE

RIVERSIDE AVE
LOT 9
APN: 026-113-010
LOT 8
APN: 026-113-009
LOT 6
APN: 026-113-007
3079

HARRISON AVE
APN: 026-113-014
SHEET: 1 of 2
POB
SCALE: 1"=
50 25 0 50
50'
*SEE SHEET 2
FOR LINE TABLES*
±4,834 SQ. FT.
850

LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12

BEARING
N74°45'51"E
N6°47'41"W
N81°44'56"E
S5°24'01"E
S43°40'16"E
N81°42'26"E
N33°22'27"E
N42°32'37"E
S1°10'04"E
S38°14'32"W
S56°44'02"E
S1°10'04"E
LENGTH

13.33'

21.43'

21.15'

92.76'

21.04'
150.06'

21.54'

49.67'

15.37'

31.99'

24.63'

4.24'

LINE TABLE
LINE
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23

BEARING
S81°44'56"W
N56°44'02"W
S42°34'29"W
S81°42'26"W
N61°10'11"W
S87°16'12"W
N8°15'04"W
N81°02'02"E
N9°51'36"W
S79°03'48"W
N8°15'04"W
LENGTH

9.81'

20.88'

21.41'
157.77'

25.17'

18.37'

10.01'

18.31'

60.31'

16.63'

10.07'

EL DORADO COUNTY
EXHIBIT "B"
A POR. OF LOTS 6, 7, 8, 9, 10, BLOCK 59

OF THE AMENDED MAP OF AL TAHOE
3069 HARRISON AVENUE
PORTION OF SEC. 32, T13N, R18E, MDM

CALIFORNIA
312 DORLA COURT, SUITE 202
ZEPHYR COVE, NV 89448 TEL: 775.588.6490
DATE: 05/2025
SCALE: 1" = 50'
JOB NO: 11282.001
SHEET: 2 of 2

THE BASIS OF BEARINGS FOR THIS DESCRIPTION

IS BASED ON THE CALIFORNIA STATE PLANE
COORDINATE SYSTEM ZONE 2, NAD83 (2011).

DISTANCES SHOWN ARE GROUND DISTANCES

USING A PROJECT COMBINED GRID TO GROUND
SCALE FACTOR OF 1.000376832. RECORD BEARING

OF MODESTO AVE, AS SHOWN ON AMENDED MAP
OF AL TAHOE, RECORDED NOVEMBER, 21 1917, IN
BOOKS A OF MAPS, PAGE 3, OFFICIAL RECORDS

OF EL DORADO COUNTY, STATE OF CALIFORNIA,
WAS ROTATED 1°12'34” COUNTERCLOCKWISE.

BASIS OF BEARING
851
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:4
Agenda Item: Grant Funding Acceptance from the California Office of Traffic Safety Executive Summary: City Council is asked to authorize the acceptance of a grant award from California Office of Traffic Safety (OTS) in the amount of $45,000.00 for special enforcement of traffic and alcoholrelated crimes, running of DUI checkpoints, and press releases. Grant funds will be used to carry out enforcement related to a host of traffic and criminal violations in our community including, but not limited to, DUI enforcement, seatbelt violations, motorcycle, bicycle, and pedestrian details. It will also be used for in-state travel for related trainings, and to purchase supplies to help facilitate DUI checkpoints.

Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute agreement, 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 2025/2026, effective October 1, 2025, and ending September 30, 2026.

Responsible Staff Member: LT. Doug Sentell
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - California Office of Traffic Safety.docx 02-Resolution-State Office of Traffic Safety.docx
03-Grant Agreement California Office of Traffic Safety (Exh. A to Reso) 04-GRANT-PROGRAM-MANUAL-FFY-2025 (Exh. B to Grant Agreement).pdf 852
Council Agenda Report August 12, 2025 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Acceptance of California Office of Traffic Safety Grant Award in the Amount of $45,000.

Location: Police Department
Responsible Staff Member: Lieutenant Doug Sentell, (530) 542-6520 Background:

The California Office of Traffic Safety (OTS) provides grant assistance to law enforcement agencies through the OTS Grant Program. This is a competitive grant process through OTS. The South Lake Tahoe Police Department applied for these grant funds in January of 2025. In June of 2025, we received confirmation of a grant award and the tentative grant agreement. The grant requires approval via a resolution from City Council to accept, budget, spend and reimburse the funds from the grant.

Issue and Discussion:

The Office of Traffic Safety is a tool for the City of South Lake Tahoe in enforcement of traffic-related issues and criminal offenses. The South Lake Tahoe Police Department will utilize these grant funds to carry out enforcement efforts related to a host of criminal and traffic violations in our community including, but not limited to DUIs, seatbelt usage, distracted driving, motorcycle, bicycle, and pedestrian safety issues. Grant funds may also be used to conduct details including, but not limited to, DUI patrols, motorcycle safety details, and DUI checkpoints. It may also be used to purchase supplies related to conducting DUI checkpoints. Finally, it may also be used to fund in-state travel for training.

Financial Implications:

There will be no impact to the general fund. This is a reimbursement grant from California OTS.

Expenditures for the program will be reimbursed quarterly. If approved by City Council, effective October 1, 2025; budget in account 229 02110 should be amended as follows:

Revenue: #33130 $45,000
Expenditures: #41040 (Overtime) $41,000.00
#46120 (Equipment) $1,600.00
#44050 (Travel) $2,400.00
Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: This grant supports Strategic Priority Three: Ensure Public Safety 853
Resolution 2025-XXX August 12, 2025 Page 1 of 2
Resolution 2025-XXX
Adopted by the City of South Lake Tahoe
City Council
August 12, 2025
Authorizing acceptance, 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 and alcohol related offenses for Federal fiscal year 2025/2026 effective October 1, 2025.

BACKGROUND
A. California Office of Traffic Safety (OTS) provides grant assistance to law enforcement agencies through the OTS Grant Program.

B. The South Lake Tahoe Police Department was authorized by City Council to apply for these grant funds in January of 2025 and was awarded grant funds in amount up to $45,000.00.

C. The South Lake Tahoe Police Department intends to utilize these grant funds to carry out enforcement and education efforts related to a host of traffic and criminal violations in our community including, but not limited to, DUI saturation patrols, DUI checkpoints, seatbelt enforcement, and motorcycle, bicycle, and pedestrian details.

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 acceptance, budget, and reimbursement of a grant award up to $45,000.00 to carry out enforcement efforts related to traffic and alcohol-related criminal violations within the City of South Lake Tahoe.

2. Authorizes and directs the Mayor, or the Mayor Pro Tem in the Mayor’s absence, to execute, on behalf of the City Council, a grant agreement, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

3. Acknowledges that any liability arising out of the performance of this agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency.

The State of California and OTS disclaim responsibility for any such liability.

4. Acknowledges that the funds received hereunder shall not be used to supplant expenditures controlled by this body.

5. Acknowledges that this award is not subject to local hiring freezes.

6. Authorizes increasing 2025/2026 City budget for the account 229-02110 as described in the staff report in amount up to $45,000.00
Adopted by the City of South Lake Tahoe City Council on August 12, 2025 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date: _________
Cody Bass, Mayor Pro Tem
854
Resolution 2025-XXX August 12, 2025 Page 2 of 2
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
855
6/25/2025 1:16:22 PM Page 1 of 10
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26227

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
South Lake Tahoe From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
South Lake Tahoe Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $45,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

John B. Spaeth
Sergeant
[email protected]
530-542-6100
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tamara Wallace
Mayor
[email protected]
530-307-0749
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Lori Marino
Principal Management Analyst
[email protected]
(530) 542-7410
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
856
6/25/2025 1:16:22 PM Page 2 of 10

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $45,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$45,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $45,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

FG8YLL3CQ3J1
1901 Lisa Maloff Way
South Lake Tahoe
96150-7167
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
857
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26227

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of South Lake Tahoe is very unique compared to most California cities. South Lake Tahoe shares a border with Nevada that has five large casinos within the first mile that offer 24 hour alcohol and entertainment. The city has a population of approximately 23,000 with approximately 2.2 million visitors to the Lake Tahoe Basin annually. Motorists in South Lake Tahoe also deal with extreme weather conditions in the winter months and heavily congested vehicle traffic in the summer months. The city also has a large portion of the population and its visitors walking, biking, or riding motorcycles during all months of the year.

The South Lake Tahoe Police department does not have a dedicated traffic enforcement unit. We will use grant funding to conduct dedicated traffic enforcement operations. We have one traffic motor officer who works traffic enforcement on a part time basis around their normal patrol officer beat functions and calls for service; They cannot currently dedicate their full focus to traffic enforcement. Additionally, the seasonal weather prohibits the motor officer from using the motor during the fall/winter months.

In 2020, the city endured the unprecedented issues caused by Covid-19. These issues included complete travel bans, the premature shut down of our ski industry, lodging bans, and a segment of people too afraid to travel. As a city built on the tourist/travel economy, the number of visitors to South Lake Tahoe dramatically reduced, oftentimes causing empty roadways. As we transitioned out of Covid restrictions, we saw a dramatic rise in visitors return to the area. These visitors brought back the congestion and conflict between vehicle, pedestrian, and bicycle traffic. Our fiscal year 21/22 traffic statistics showed an increase in several areas that reflected the increase in visitor population. Those statistics continues into the 22/23 fiscal year as well.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Fiscal Year 2023/2024 saw significant increases in many tracked data categories. From FY 2022/2023 to FY 2023/2024 the South Lake Tahoe Police Department saw the following traffic related increases:

12.8% increase in number of injured persons from traffic crashes. 10% increase in number of injured pedestrians.
133% increase in number of injured bicyclists.

11.8% increase in number of alcohol related crash injuries. 100% increase in number of motorcycle crash related injuries. 266.7% increase in felony hit and run crashes.

18.2 % increase in nighttime traffic crash injuries.

These increase are related to a decline in officer proactivity due to increased call volume and limited staffing. This grant will allow for additional overtime activities specifically targeting the causes of these increases.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The goal of the South Lake Tahoe Police Department is to target both area residents as well as the large number of tourists that come to South Lake Tahoe for a variety of offenses that have been shown to lead to traffic crashes and injuries resulting from those traffic crashes. This grant will serve both those populations to ensure that both visitors to the area as well as area residents remain safe while using South Lake Tahoe's roadways be it as motor vehicle operators, bicyclists, motorcyclists and pedestrians.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes. 858
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2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
1 7. Conduct DUI Saturation Patrol operation(s). 7

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
1 10. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted 2 859
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driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

11. Participate in highly visible collaborative DUI Enforcement operations. 1

12. Participate in highly visible collaborative Traffic Enforcement operations. 1

13. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 14. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
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 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
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This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26227

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$23,000.00
402PT-26 20.600 State and Community Highway
Safety
$20,000.00
405e DDL-26 20.616 Distracted Driving Laws $2,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $4,000.00 1 $4,000.00
DUI Saturation Patrols 164AL-26 $2,000.00 7 $14,000.00
Collaborative DUI Enforcement 164AL-26 $3,400.00 1 $3,400.00 Traffic Enforcement 402PT-26 $1,800.00 6 $10,800.00
Street Racing and Sideshow Enforcement
Operations
402PT-26 $1,800.00 2 $3,600.00
Collaborative Traffic Enforcement 402PT-26 $3,200.00 1 $3,200.00 Distracted Driving Enforcement 405e DDL26$2,000.00 1 $2,000.00 Category Sub-Total $41,000.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,400.00 1 $2,400.00
$0.00
Category Sub-Total $2,400.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $1,600.00 1 $1,600.00
Category Sub-Total $1,600.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $45,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26227

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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The Certifications and Assurances are being finalized by the National Highway Traffic Safety Administration, once they are available, they will be added to the grant agreement. 865
California Office of Traffic Safety
Grant Program Manual
For Federal Fiscal Year 2025
This manual establishes consistent program and project management procedures for the California Office of Traffic Safety (OTS) staff and subrecipients (agencies/organizations receiving federal grant funds from the OTS) to guide the administration of the state’s highway safety program in compliance with National Highway Traffic Safety Administration guidelines. Best practice requires the OTS to have a current manual which documents standard operating procedures and the management of the highway safety program. This manual contains a written record of current approved administrative and financial procedures; however, it does not specifically address all regulations. Periodic changes and additions to the manual may be necessary to meet changing federal and state laws and/or to improve program management and fiscal procedures. When an agency or organization accepts federal safety funds, it also agrees to fully comply with all requirements in this manual and any periodic changes that may be made during the grant period.
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Table of Contents
COMMONLY USED TERMS & ACRONYMS ________________________________________________________________ 1 HIGHWAY SAFETY PROGRAM__________________________________________________________________________ 9 DEVELOPMENT OF THE STATE HIGHWAY SAFETY PLAN _____________________________________________________ 9 PROBLEM IDENTIFICATION & PROGRAM AREAS________________________________________________________________ 9 NHTSAPROGRAM PRIORITY AREAS ______________________________________________________________________10 PROJECT SOLICITATION AND DEVELOPMENT _________________________________________________________________10 ANNUAL GRANT CYCLE _______________________________________________________________________________11 GRANT ELIGIBILITY __________________________________________________________________________________11 ARE YOU ELIGIBLE FOR AN OTS GRANT?________________________________________________________________11 GRANT TYPES _____________________________________________________________________________________13 GRANT APPLICATION PROCESS AND REVIEW_________________________________________________________________13 GRANT APPLICATION REVIEW___________________________________________________________________________15 RISK ASSESSMENT __________________________________________________________________________________15 GRANT AGREEMENT & PRE-OPERATIONS MEETING _______________________________________________________16 DRAFT GRANT AGREEMENT ____________________________________________________________________________16 FINAL GRANT AGREEMENT ____________________________________________________________________________19 PRE-OPERATIONAL REVIEW ____________________________________________________________________________20 GRANT REQUIREMENTS _____________________________________________________________________________20 FEDERAL& STATE REGULATIONS GOVERNING THE OTS GRANTS ___________________________________________________20 AUDITS__________________________________________________________________________________________21 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT______________________________________________________22 PROCUREMENT STANDARDS (COMPETITIVE & SOLE SOURCE) _____________________________________________________22 CONTRACTUAL SERVICES ______________________________________________________________________________23 NON-PROFITS _____________________________________________________________________________________25 TRAFFIC ENFORCEMENT AGENCIES _______________________________________________________________________25 INSTITUTIONS OF HIGHER EDUCATION _____________________________________________________________________25 LIMITATION OF LIABILITY ______________________________________________________________________________25 SUBRECIPIENT RESPONSIBILITIES & PROCEDURES ________________________________________________________26 AUTHORIZING OFFICIAL_______________________________________________________________________________26 GRANT DIRECTOR___________________________________________________________________________________26 FISCAL OR ACCOUNTING OFFICIAL________________________________________________________________________27 CHANGE AUTHORIZED OFFICIALS OR DELEGATION _____________________________________________________________27 FINANCIAL MANAGEMENT_____________________________________________________________________________27 FRAUD PREVENTION _________________________________________________________________________________28 SAFEGUARDING PERSONAL INFORMATION __________________________________________________________________29 DIRECT ALLOWABLE COSTS & SOURCE DOCUMENTS ___________________________________________________________29 PERSONNEL_______________________________________________________________________________________29 TRAVEL__________________________________________________________________________________________31 CONTRACTUAL SERVICES ______________________________________________________________________________32 EQUIPMENT ______________________________________________________________________________________32 OTHER DIRECT COSTS ________________________________________________________________________________33 ALLOWABLE INDIRECT COSTS ___________________________________________________________________________34 UNALLOWABLE COSTS FOR SELECTED ITEMS _________________________________________________________________34 GRANT REVISIONS __________________________________________________________________________________36 CLAIMS PREPARATION & REIMBURSEMENT _____________________________________________________________37 867

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GRANT REPORTS ___________________________________________________________________________________39 QUARTERLY PERFORMANCE REPORT (QPR) _________________________________________________________________39 GRANT CLOSE OUT__________________________________________________________________________________40 EQUIPMENT DISPOSAL _______________________________________________________________________________40 MONITORING _____________________________________________________________________________________41 GRANT PERFORMANCE REVIEW _________________________________________________________________________41 EQUIPMENT ______________________________________________________________________________________42 PUBLIC INFORMATION & EDUCATION __________________________________________________________________42 ADVERTISING & PUBLIC RELATIONS_______________________________________________________________________43 COPYRIGHTS/TRADEMARKS ____________________________________________________________________________44 WITHHOLDING, DISALLOWANCE, REDUCTION, TERMINATION AND/OR DENIAL OF GRANT FUNDS________________44 TERMINATION REQUESTED BY THE SUBRECIPIENT _____________________________________________________________44 DISPUTES/DISAGREEMENTS__________________________________________________________________________45 APPENDIX A- CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS _____________________________46 CERTIFICATIONS AND ASSURANCES FOR FISCAL YEAR 2024 HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND 41 U.S.C. SEC. 1906, PUB. L. 109-59, AS AMENDED BY SEC. 25024, PUB. L. 117-58) ________________________________46 NONDISCRIMINATION____________________________________________________________________________47 THEDRUG-FREE WORKPLACE ACTOF 1988 (41U.S.C. 8103) _______________________________________________51 POLITICAL ACTIVITY (HATCH ACT) __________________________________________________________________52 CERTIFICATION REGARDING FEDERAL LOBBYING______________________________________________________52 RESTRICTION ON STATE LOBBYING _________________________________________________________________53 CERTIFICATIONREGARDING DEBARMENT AND SUSPENSION _______________________________________________53 (APPLIES TO ALL SUBRECIPIENTS AS WELL AS STATES) ____________________________________________________________53 PROHIBITIONON USING GRANT FUNDS TO CHECK FOR HELMET USAGE ______________________________________59 (APPLIES TO ALL SUBRECIPIENTS AS WELL AS STATES) ____________________________________________________________59 POLICY ON SEAT BELT USE____________________________________________________________________________60 POLICYON BANNING TEXT MESSAGING WHILE DRIVING___________________________________________________60 APPENDIX B –MANDATORY DISCLOSURES ______________________________________________________________61 APPENDIX C – LAW ENFORCEMENT AGENCIES ___________________________________________________________64 PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE _____________________________________64 RACIAL PROFILING _______________________________________________________________________________64 VEHICLE PURSUITS _______________________________________________________________________________64 USE OF FUNDS___________________________________________________________________________________64 APPENDIX D–GENERAL TERMS & CONDITIONS, STATE CERTIFICATIONS ______________________________________65

1. ADMINISTRATIVE SUPPORT AND STATEMENT OF INTENT _____________________________________________65

2. AIR OR WATER POLLUTION VIOLATION ____________________________________________________________65

3. AMENDMENT _________________________________________________________________________________65

4. AMERICANS WITH DISABILITIES ACT. ______________________________________________________________66

5. ANTITRUST CLAIMS ____________________________________________________________________________66

6. APPROVAL ___________________________________________________________________________________67 868

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7. ASSIGNMENT _________________________________________________________________________________67

8. AUDITS AND ACCESS TO RECORDS ________________________________________________________________67

9. AVAILABILITY OF FUNDS ________________________________________________________________________67

10. BYRD ANTI-LOBBYING AMENDMENT (31 USC 1352)________________________________________________68

11. CHILD SUPPORT COMPLIANCE ACT______________________________________________________________68

12. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT_________________________________69

13. COMPENSATION ____________________________________________________________________________69

14. COMPETITION ______________________________________________________________________________69

15. CONFLICT OF INTEREST _______________________________________________________________________69

16. CONTRACTS ________________________________________________________________________________70

17. CONTRACTOR CERTIFICATION CLAUSES: _________________________________________________________71

18. CONTRACTOR (INDEPENDENT) _________________________________________________________________71

19. CONVICT/FORCED LABOR _____________________________________________________________________71

20. COPYRIGHTS (41 CFR 105-71.134)_______________________________________________________________71

21. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA______________________________________71

22. DAVIS-BACON ACT, AS AMENDED (40 USC 3142) __________________________________________________72

23. DISADVANTAGED BUSINESS ENTERPRISE/SMALL BUSINESS AFFIRMATIVE STEPS ________________________72

24. DISCLOSURE REQUIREMENTS __________________________________________________________________73

25. DISPUTES.__________________________________________________________________________________73

26. DOCUMENT RETENTION AND ACCESS ___________________________________________________________73

27. DOMESTIC PARTNERS ________________________________________________________________________73

28. DRUG-FREE WORKPLACE REQUIREMENTS: _______________________________________________________73

29. ENERGY EFFICIENCY__________________________________________________________________________74

30. EQUAL EMPLOYMENT OPPORTUNITY ___________________________________________________________74

31. EQUIPMENT ________________________________________________________________________________74

32. EXPATRIATE CORPORATIONS __________________________________________________________________75

33. FINANCIAL MANAGEMENT SYSTEM _____________________________________________________________75

34. GENDER IDENTITY: ___________________________________________________________________________75

35. GOVERNING LAW____________________________________________________________________________75

36. INDEMNIFICATION___________________________________________________________________________75

37. INTANGIBLE PROPERTY _______________________________________________________________________75

38. LABOR CODE/WORKERS’ COMPENSATION _______________________________________________________77

39. LIMITED ENGLISH PROFICIENCY ________________________________________________________________77

40. LOGOS_____________________________________________________________________________________77

41. LOSS LEADER _______________________________________________________________________________77

42. PROGRESS SCHEDULE ________________________________________________________________________78 869

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43. PROGRESS PAYMENTS ________________________________________________________________________78

44. NATIONAL LABOR RELATIONS BOARD CERTIFICATION ______________________________________________78

45. NON-DISCRIMINATION CLAUSE: ________________________________________________________________78

46. NON-DUPLICATION OF GRANT FUNDING_________________________________________________________79

47. NON-ENFORCEMENT SUPPLANTING AVOIDANCE__________________________________________________79

48. PRIORITY HIRING CONSIDERATIONS ____________________________________________________________79

49. RECYCLING CERTIFICATION ____________________________________________________________________80

50. RESOLUTION _______________________________________________________________________________80

51. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT_________________________________80

52. SINGLE AUDIT ACT CERTIFICATION______________________________________________________________80

53. SOLICITATION_______________________________________________________________________________81

54. STATEMENT OF COMPLIANCE __________________________________________________________________81

55. SUBRECIPIENT/CONTRACTOR NAME CHANGE ____________________________________________________81

56. SWEAT FREE CODE OF CONDUCT _______________________________________________________________82

57. TERMINATION FOR CAUSE ____________________________________________________________________82

58. TERMINATION WITHOUT CAUSE _______________________________________________________________82

59. TIMELINESS ________________________________________________________________________________82

60. UNENFORCEABLE PROVISION __________________________________________________________________82 INSTITUTIONS OF HIGHER EDUCATION _____________________________________________________________________83 APPENDIX E –DOCUMENT EXAMPLES __________________________________________________________________84 PERSONNEL ACTIVITY REPORT (PAR) _____________________________________________________________________84 EMPLOYEE TIME CERTIFICATION _________________________________________________________________________86 870

GRANT PROGRAM MANUAL

COMMONLY USED TERMS & ACRONYMS
The following commonly used terms and acronyms are provided to assist manual users. Many appear in this manual, while others are used in documents associated with the grant program management process.

ADA Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
(42 U.S.C. 12101 et seq.)
Annual Grant
Application Annual grant application means the document that the State submits each fiscal year as its application for highway safety grants (and amends as necessary), which provides any
necessary updates to the State's most recent triennial HSP, identifies all projects the State will implement during the fiscal year to achieve its highway safety performance targets, describes how the State has adjusted its countermeasure strategy for programming funds based on the annual report, and includes the application for grants under Sections 405 and 1906.

ARIDE Advanced Roadside Impaired Driving Enforcement - Training designed to bridge the gap between SFST and DRE that
enables a police officer to observe, identify and articulate the signs of impairment caused by drugs, alcohol, or a
combination of both.

Authorizing
Official, Grant
Director, and
Fiscal Official
Agency officials within a government or public entity who have the authority to obligate the agency to a grant
agreement. The individuals are responsible for establishing and maintaining procedures that ensure effective
administration of the approved grant and comply with grant requirements.

Budget Broad grouping of expenses such as personnel costs, supplies, and equipment.

Buy America
Act
Prohibits states or subrecipient from using highway grant funds under 23 U.S.C. Chapter 4 to purchase steel, iron and
manufactured products, unless they are produced in the U.S., under $5,000.00, or a waver is granted by the Secretary of Transportation. (23 U.S.C. 313)
CalSTA California State Transportation Agency
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Caltrans California Department of Transportation
CFDA Catalog of Federal Domestic Assistance - Provides a listing of all federal programs available to state and local governments; federally recognized Indian tribal governments; U.S. territories and possessions; domestic public, quasi-public and private profit and non-profit organizations and institutions; specialized groups; and individuals.

CFR Code of Federal Regulations - A listing of general and permanent rules published in the Federal Register by the Executive branch of the federal government and federal
agencies.

CHP California Highway Patrol
CPS Child Passenger Safety
DD Distracted Driving
DOF California Department of Finance
DOJ California Department of Justice
DRE Drug Recognition Expert - A police officer trained to recognize impairment in drivers under the influence of drugs other than or in addition to, alcohol.

DUI Driving Under the Influence
DUID Driving Under the Influence of Drugs
EB Method Empirical Bayesian Ranking Method - Used by researchers and statisticians to group and give varying weights to many different factors. The OTS Rankings for cities are developed using this method, which factors in not only population and daily vehicle miles traveled, but crash records and trends to arrive at a single, more accurate ranking.

EMS Emergency Medical Services
Employee Time
Certification
Used to certify that 100% of an employee’s time is federally grant funded (Form OTS-26)
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Equipment Non-expendable - Tangible, personal property having a useful life of more than one year and an acquisition cost of $10,000 or more that is used only for traffic safety purposes.

Equipment
Report
Details the purchase date, description, location, total cost, federal funds used, and current fair market value.

Equipment ReCertification
Report
Same as the equipment report but includes depreciation
information that must be updated and filed every two years from the original date of acquisition.

FARS Fatality Analysis Reporting System. Nationwide census providing yearly public data regarding fatal injuries suffered in motor vehicle traffic crashes. A database, created by NHTSA, of fatal traffic crashes from 1975 through present within the 50 States, the District of Columbia, and Puerto Rico. The database is updated annually and contains detailed information for crashes that result in at least one fatality.

Fair Market
Value (VFM)
Is the price that property/equipment would sell for on the open market. It is the price that would be agreed on
between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts. (IRS Publication 561)
FFATA Federal Funding Accountability and Transparency Act - Requires subrecipients to annually report each action that obligates $25,000 or more in federal funds.

FHWA Federal Highway Administration
Fiscal Official Fiscal or accounting official who has responsibility for the agency’s fiscal/accounting records. Is responsible for ensuring costs are in accordance with the agency’s standard policies and procedures and records are maintained.

GEMS Grant Electronic Management System. The OTS on-line application and grant award system.

Grant Federal fiscal funding awarded by the OTS to a government or public entity to address a specific behavioral highway safety issue.

Grantee A government or public entity receiving a highway safety grant from the OTS. Also referred to as “subrecipient.” 873

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Grant
Agreement
Binding document between the OTS and a government or
public entity outlining the terms and conditions, and
programmatic and financial responsibilities of receiving federal highway safety grant funds.

Grant Claim
Invoice
Expenditures incurred in support of approved grant activities that a subrecipient may submit for reimbursement.

Grant Director The individual responsible for establishing and maintaining procedures that ensure effective administration of the
approved grant and comply with grant requirements. Is
responsible for day-to-day operations of the grant.

Grants Made
Easy (GME)
Templates designed to facilitate ease of preparing and
submitting a grant application.

Grant Revision A change to a grant agreement that is necessary to enhance its operational efficiency.

GPR Grant Performance Review – A review of the subrecipient grant activities, progress in meeting goals and
objectives, and financial records for compliance with
federal rules.

Grant
Coordinator
The OTS staff member responsible for the effective
administration of grants and statewide highway safety
programs.

Host Agency A government or public entity that acts as the primary subrecipient and manager of the grant but all or most of the activity is performed by a contractor.

HVE Grant High Visibility Enforcement is a universal traffic safety approach designed to create deterrence and change
unlawful traffic behaviors. An HVE grant is awarded to a law enforcement agency to target a specific traffic safety issue such as speeding or impaired driving; highly visible
enforcement is coupled with a publicity strategy designed to educate the public and promote voluntary compliance with the law.
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LEL Law Enforcement Liaison – An individual employed by OTS who provides law enforcement expertise to the OTS and its
subrecipients for enforcement grant site selection, appropriate grant strategies and countermeasures, and grant
development as well as contacts for local, county, and state law enforcement officials, the OTS, and the Regional Office of the National Highway Traffic Safety Administration.

NHTSA National Highway Traffic Safety Administration - The federal agency responsible for administering the national highway traffic safety grant programs funded by federal legislation.

Non-Profit A non-governmental entity registered as a 501(c)(3) with the California Secretary of State.

OP Occupant Protection
Other Direct
Costs
Any grant item or service costing less than $10,000 per unit.

OTS California Office of Traffic Safety, the state’s lead traffic safety organization tasked with addressing behavioral safety issues.

OTS Rankings Office of Traffic Safety Rankings - Developed using the Empirical Bayesian Ranking Method to enable a city or county to compare its traffic safety statistics to similar sized cities and counties.

Paid Media Advertising (print, TV, radio, display, promoted or sponsored social media) that is disseminated by the media for a fee.

PAR Employee-maintained timesheet or log used to account for all time spent on federal and non-federal grants and other
programs.

Performance
Measures
The goals and objectives that describe what the subrecipient will accomplish by implementing the traffic safety grant program (goals) and the tasks or activities that will be performed in support of the goals.

PI&E Public Information & Education - Includes educational and promotional materials, advertising, and public relations activities.
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Pre-Operational
Review
A meeting held during the first 90 days after the start of the OTS grant to review the grant program manual and grant
requirements.

Primary
Contact
Main point of contact for the grantee (subrecipient) during the duration of the grant agreement.

Program Area
Review team
The OTS Grant Coordinators assigned to a program area to evaluate applications. Each team includes a program area expert.

PSA Public Service Announcement - Public interest messages designed to raise awareness and change public attitudes and behavior towards a social issue. May be disseminated by the media for free or a fee (paid media).

QPR Quarterly Performance Report - Prepared by the subrecipient describing tasks, activities and equipment purchases that were made in support of the goals, objectives, and objective data points in the grant.

SAM System for Award Management- A 12-digit alpha-numeric unique entity identifier to detect different divisions of companies and provide easy reference for those seeking
information.

SD/SO Sheriff’s Department/Sheriff’s Office
SFST Standardized Field Sobriety Testing - Composed of three physical exercises used by enforcement officials during a DUI detection investigation to assist in determining impairment in suspected DUI subjects.

Sole Source Purchases or contracts awarded through a non-competitive process.

STEP Selective Traffic Enforcement Program - Intensive enforcement of a specific traffic safety laws with extensive communication, education, and outreach informing the public about the
enforcement activity.

Subrecipients A government or public entity receiving a highway safety grant from the OTS. Also referred to as “grantee.”
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Subrecipient
General Costs
of Government
Reduction in subrecipient funds for an existing activity specifically because federal funds become available or are expected to be available to fund that same activity.

Source
Documentation
Any documentation required by the OTS and/or NHTSA to
support grant activities.

SWITRS Statewide Integrated Traffic Records System - Database used by the CHP and other law enforcement agencies to capture and review crash data by jurisdiction, location, and other criteria.

Time Sheet Approved documentation detailing work hours performed by an employee on behalf of his/her employer during a set time period (i.e., weekly, bi-weekly, overtime).

TIMS Transportation Injury Mapping System – Developed by the UC Berkeley Safe Transportation Research and Education Center (SafeTREC) to geocode and map the statewide crashes in an efficient and simple manner.

Title VI
Assessment
Form completed by the subrecipient to ensure compliance with federal statutes and regulations relating to nondiscrimination.

Triennial
Highway
Safety Plan
(3HSP)
The document that the State submits once every three fiscal years documenting its highway safety program, including the State's highway safety planning process and problem
identification, public participation and engagement,
performance plan, countermeasure strategy for programming funds, and performance report. Outlines the state’s annual expenditure of federal highway safety grant funds for priority behavioral safety programs during the federal fiscal year (October 1 – September 30).

TSRP Traffic Safety Resource Prosecutor - Typically current prosecutors who provide training, education, and technical support to traffic crimes prosecutors and law enforcement personnel throughout the state.

TR Traffic Records
TRIP Traffic Records Improvement Project
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Vertical
Prosecution
A method of prosecution that provides for the assignment of a prosecutor to a case from the initial point of referral to the completion of the resolution resulting in continuity and improved prosecution success.
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HIGHWAY SAFETY PROGRAM
The Office of Traffic Safety (OTS), headquartered in Elk Grove, is California’s lead traffic safety organization. Located within the California State Transportation Agency (CalSTA), the OTS is tasked with developing and implementing a highway safety program that addresses the behavioral factors that impact safety on the road.

The goal of the annual program is to prevent serious injury and death resulting from motor vehicle crashes so that all roadway users arrive at their destination safely. Using Federal Highway Safety Program funds, the OTS partners with political subdivisions of the state to address California’s highway safety needs at the state, county, and local level. The OTS cannot directly fund a 501(c)(3) nonprofit organization; however, these entities are eligible for funding through a “host” government or public entity (subrecipient) as a contractor.

DEVELOPMENT OF THE STATE HIGHWAY SAFETY PLAN
Problem Identification & Program Areas
Data analysis is essential to understanding who is crashing, where they’re crashing, and why. The OTS reviews local, county, and state crash data to identify roadway users – motorists, pedestrians, bicyclists, teens, older drivers, for example – with a statistically higher crash risk. This data, combined with citation, licensing, vehicle miles traveled, and demographic information, are analyzed to help the OTS and its partners understand what is prompting crashes and the resulting injuries and fatalities on California’s roadways not only statewide, but also at the county and city level. The OTS uses crash rankings to help individual cities compare their traffic safety statistics to those of a similar population size.

The OTS and cities use this data to monitor progress in addressing ongoing traffic safety problems as well as to identify emerging issues.

This information is also used to develop the Triennial Highway Safety Plan (3HSP), which details the extent of California’s crash problem and how federal highway safety dollars will be distributed into priority behavioral safety programs during the federal fiscal years (October 1 – September 30). The National Highway Traffic Safety Administration (NHTSA) has identified priority areas, which the agency
Vision - “All people will be safe on California roads.” Mission - Deliver traffic safety programs to prevent people from being killed and seriously injured in California.
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determines to be effective in reducing motor vehicle crashes, injuries, and fatalities. California’s 3HSP addresses NHTSA’s priority program areas and others including:

NHTSA Program Priority Areas
Alcohol-Impaired Driving Distracted Driving
Drug-Impaired Driving Emergency Medical Services
Motorcycle Safety Occupant Protection
Police Traffic Services Pedestrian and Bicycle Safety
Roadway Safety and
Traffic Records
Public Relations, Advertising, and
Marketing Program
The 3HSP not only describes what will be done to address these program areas, but also the goals and performance measures used to gauge progress.

Program goals and performance measures are selected based on severity, economic costs and number of agencies available to implement projects using proven countermeasures. Federal regulations require that the three common performance measures (fatalities, serious injuries and fatality rate) in the 3HSP have identical performance targets with the Caltrans Highway Safety Improvement Program (HSIP). These common performance targets shall be based on a five-year rolling average (only). For more information contact OTS or visit our web page at www.ots.ca.gov/About Us.

Project Solicitation and Development
The annual project selection process begins by notifying Grant Electronic Management System (GEMS) registrants through email of the open application period for the next federal fiscal year (October 1-September 30) and of funding workshop dates held each December. The message also announces when grant application forms and instructions will be available on the Grants/Apply Now page of the OTS website.

The Regional Grant Application Workshops, facilitated by the OTS staff, may be constructed to generate interest in a particular program area identified in the 3HSP and/or to address questions about the grant application process.

Additionally, the OTS staff review crash data and encourages government or public entities (i.e., law enforcement agencies, public health, fire departments, driving under the influence [DUI] courts, district attorneys, colleges and universities, school districts, and public emergency services providers) to apply for this grant funding opportunity or to attend a workshop. 880

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All grant applications are due January 31. The table below details the grant application process timeline.

Annual Grant Cycle
Month Activity
December OTS announces upcoming grant application period OTS conducts grant workshops
January 31 Deadline to submit grant applications to OTS February-May OTS reviews and ranks grant applications
June OTS submits grants to CalSTA for approval
OTS notifies subrecipients of grant application status
OTS holds pre-3HSP meeting with NHTSA (If applicable)
June - July OTS holds pre-funding meetings with subrecipients (as needed)
OTS develops draft grant agreements
OTS submits 3HSP to NHTSA (If applicable)
July - September OTS submits AGA to NHTSA
OTS sends grant agreements to subrecipients for review & signatures
September Signed grant agreements due to OTS
September 30 End of federal fiscal year
October 1 Federal fiscal year begins
OctoberDecemberOTS holds pre-operation meetings with subrecipients Grant Eligibility
Before applying for a grant, all potential applicants should review the following list to ensure they meet eligibility requirements:

Are You Eligible for an OTS Grant?
The first step in obtaining grant funding is to determine if the project you want funded is eligible for Federal Funds administered by the OTS. Please review the information below before applying to see if your Agency and Program meet the funding criteria. Eligible applicants must meet the six criteria below:
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1. Will you use the funds for one of the program areas listed below? NHTSA Program Priority Areas
Alcohol-Impaired Driving Distracted Driving
Drug-Impaired Driving Emergency Medical Services
Motorcycle Safety Occupant Protection
Police Traffic Services Pedestrian and Bicycle Safety
Roadway Safety and Traffic
Records
Public Relations, Advertising, and
Marketing Program

2. Can your organization pay project expenses, and then wait 90 days to be reimbursed?
• Project expenses are reimbursed after the grantee pays for them.

3. Is your organization a government or public entity?
• If you are a 501c (3) non-profit organization, you will need a government or public entity as your host agency. Please contact our office for more information.

4. Have you cleared the Single Audit?

5. Do you have a SAM number?

6. Are you able to provide Traffic Safety Data that demonstrates how your program will save lives on CA roadways and be able to demonstrate using performance measures with one-year of funding?
If you are still unsure whether your project meets the criteria, contact our office for assistance at (916) 509-3030 or go to OTS Grants to start your application.

As criteria #3 indicates, the OTS cannot directly fund a 501(c)(3) non-profit organization; however, a non-profit that is registered with the California Secretary of State is eligible for funding through a “host” government or public entity (subrecipient) as a “contractor.” The host agency should include funding for the “contractor” under contractual services in its grant application. The host agency, however, will be required to follow their contracting procedures.

Acceptance and funding of the application does not imply an agreement or requirement for a “sole source” contract. If the contractor will receive more than $150,000 in grant funds, the host agency should conduct a pre-award review. (For more information, refer to in the Grant Requirements section of this manual.)
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Grant Types
Two types of grant applications are available – General grants and Grants Made Easy (GME). A qualifying government or public entity determines which type to use based on the problem to be addressed. Problem identification should be determined through analysis of local crash data, as well as data from the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) and the OTS Rankings for California cities and counties. The rankings, which are developed using the Empirical Bayesian Ranking or EB Method, factor in not only population and daily vehicle miles traveled, but also crash records and trends.

This results in a single, more accurate ranking. Rankings are available addressing fatalities and injuries; alcohol; motorcyclists; pedestrians; bicyclists; speedrelated, hit and run, and nighttime crashes; and composite.

A government or public entity should apply for a General grant if it is seeking funding to address traffic safety problems other than what are listed on a GME.

Unlike a GME, which includes pre-determined goals, objectives and activities by focus area (i.e., DUI Court, EMS, Occupant Protection, Pedestrian and Bicycle Safety, Probation, Selective Traffic Enforcement Program, Traffic Records Improvement Project, and Vertical Prosecution), a General grant may be customized.

Grant Application Process and Review
Application Submission
The online GEMS provides a paperless system for application entry, the OTS review, allocation of funds, budgeting, tracking expenditures, monitoring grant performance, and supporting the development of reports required by state and federal agencies.

Grant applications must be submitted through GEMS before 11:59 p.m. on January 31 of each year. Access to GEMS application forms is only available during the open application period; however, application training resources are available year-round. First time GEMS users are required to register and must be granted access by the OTS. Returning users can login using their existing credentials. Review the OTS GEMS webpage for more guidance.

GEMS provides an application template for each grant type that conforms to federal requirements as outlined in the CFR Title 2 Subpart A Chapter II, Subpart C 200.211 including sections for:
• Agency Identification, specific information regarding the agency including the agency SAM number;
• Problem Statement that details problem to be solved;
• Supporting Statistical Data that thoroughly documents the problem; 883

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• Proposed Solution, a discussion of what strategies will be taken to solve the problem (i.e., increased DUI enforcement, pedestrian education) and what resources it will leverage to implement the intervention; • Goals & Objectives, both grant types call for goals and objectives that are specific, measurable, action-oriented, realistic, time-framed (SMART); • Method of Procedure, includes a plan for daily managing of the grant (agency qualifications), and a plan for reducing reliance on federal grant funding in the future (sustainability);
• Evaluation, general and GME grant applications also outline media, data collection and reporting, evaluation, and administrative support requirements;
• Budget items and Budget Narrative, include a detailed budget estimate with supporting narrative, that includes all cost categories – personnel costs, travel expenses, contractual services, equipment (beginning FFY 2025 equipment is an item that is $10,000 or more per unit), and direct and indirect costs. Each category must be detailed by individual line items;
• Allows upload of supporting documents - While not required, it is strongly recommended that the grant application include a letter(s) of support from the governing body (i.e., Board of Supervisors, City Council) and, if applicable, the community.

All sections of the application must be complete for GEMS to accept the submission. GEMS will provide an individual application number. The system allows for multiple entry so that an application can be built over a period of time. Guidance is provided within GEMS to explain field entry requirements.

However, once submitted, the application is locked and cannot be altered by the applicant. To protect the integrity of the submission, the OTS can only view the application during its review process.

All applications successfully submitted on or before the January 31 deadline will receive the following automatically generated response via GEMS:
“Thank you for submitting your Traffic Safety Application. Applications are being reviewed for possible incorporation into our Highway Safety Plan for the next Federal Fiscal Year.

You will be notified when a decision has been reached concerning the status of your application. Thank you for your interest in traffic safety.” The status of the application is automatically updated to “Submitted”. 884

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Grant Application Review
Once the grant application period has closed, each application goes through an evaluation process. The application is assigned to a Program Area Review Team. The OTS Grant Coordinators on the team review the application to determine if it:
• Will contribute to the California Traffic Safety Program; • Is compatible with NHTSA and OTS grant funding policies; • Falls under the OTS’ funding priorities, includes best practices and is a Strategic Highway Safety Plan priority;
• Addresses a serious problem that’s supported through comprehensive crash data analysis;
• Targets high-risk populations, high-risk behaviors, and high crash locations; • Is reasonable and proportional (strategy, time frame, budget) to the identified problem; and
• Is a continuation of an existing grant, was funded within the past five years or previously submitted and denied for funding and why.

Following this in-depth evaluation, the Review Team collectively prioritizes the applications and presents their assessment to the Branch Chiefs. The final meeting to determine funding approval involves the Review Team, the Branch Chief, the Deputy Director, and Director. The OTS then forwards its application funding recommendations to the California State Transportation Agency (CalSTA) for approval. All approved applications are included in the AGA, which is submitted on or before August 1 to NHTSA for review and approval.

Risk Assessment
The OTS is required by NHTSA, prior to making an award, to evaluate and document the risk for each entity selected for federal grant funding. The OTS will assess the applicant’s risk of noncompliance with federal statutes (Compliance & CERTIFICATION REGARDING DEBARMENT AND SUSPENSION), regulations and the terms and conditions of the grant as well as the applicant’s financial stability, quality of management systems, history of past performance, and prior audit findings, if applicable. If the applicant does pose a risk, but the proposal has merit, the OTS may as a condition of awarding grant funds, conduct a prefunding assessment meeting with the agency’s authorities, and/or impose specific terms or conditions. This information will be used to determine the appropriate level of monitoring if a grant is awarded.
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GRANT AGREEMENT & PRE-OPERATIONS MEETING
Following CalSTA review and approval of the OTS’ 3HSP and funding recommendations, the OTS will notify the government or public entity via GEMS email of the status of their application. Successful applications are converted by the OTS in GEMS to a draft grant agreement and assigned a grant number.

Draft Grant Agreement
The OTS works with the subrecipient to prepare the draft grant agreement using information included in the original grant application as well as any changes to the budget and/or strategies discussed. The draft grant agreement consists of the following documents:
• Traffic Safety Grant Agreement, Page 1 and Page 2 summarizes the terms of the contract between the subrecipient and the OTS. The page includes the grant number, grant title; name of the applicant agency; agency unit handling the grant; grant period and description; the amount of federal funds allocated; approval signatures of the Authorizing Official, Grant Director, and the Fiscal Official of the applicant agency; the authorizing official and Accounting Officer contact from the OTS; the agency’s SAM number; the budget funding data; NHTSA transparency reporting requirements; and the OTS fiscal approval signature.
• The Grant Description Schedule A outlines the grant’s purpose (supported by data), activities (i.e., strategies, tasks, reporting, evaluation method) and performance measures (goals and objectives), along with an administrative support statement from the appropriate governing body or official (i.e., city council, board of supervisors, county executive, city manager). All this information is taken directly from the original grant application and agency support letters.
• Detailed Budget Estimate, Schedule B, covers the entire one-year grant period (two years on an exception basis) beginning October 1 and ending September 30. Federal funding source information is provided to assist the agency with single audit compliance. Costs are divided into six categories which the government or public entity completed as applicable to its grant. (For more information on allowable costs, refer to Direct Allowable Costs in the Subrecipient Responsibilities & Procedures section of this manual.):
o Personnel Costs – Includes all classifications applicable to the grant, the hourly rate (based on the method of compensation for that classification) and percentage applicable to
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the grant. Overtime salaries must be broken out separately from regular pay. Reasonable cost of living increases, or merit increases are estimated and included. Benefits are included under personnel costs.

Estimated costs for this category should be provided by the agencies financial official.
o Travel Expense – Includes the estimated cost of grant-related travel expenses (transportation and per diem) segregated by in-state and out-of-state travel, using the subrecipient’s established reimbursement rates. If the subrecipient does not have a travel policy with established reimbursement rates, standard reimbursement rates apply per the California Department of Human Resources (CalHR). For rates consult the CalHR website.
o Contractual Services – Describes the estimated cost of services to be provided for each contract awarded on the grant using descriptive titles (i.e., “CPS Training,” “Evaluation Services,” “Public Awareness Campaign”) rather than a firm, agency, or individual names. Each contract must have its own sub-budget detailing the contractors’ expenses. For each contract, the agency is required to follow its established contracting policies.

Approval of the grant agreement does not imply agreement for a “sole source” contact.
o Equipment – Includes the estimated cost of each equipment item that costs $10,000 per unit (FFY 2024 and prior is $5,000 per unit) or more and has a useful life of more than one year. The total cost of equipment (without discounts) includes modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for grant purposes as well as tax, shipping and installation. o Other Direct Costs – Details the estimated cost of any other allowable direct grant expenses not covered under the previous categories including services not requiring contractual agreements and minor equipment such as office supplies, printing, educational materials, radar devices, child safety seats, bike helmets, and checkpoint supplies that support the grant goals and objectives. The agency must follow its established procurement policies. (Note: If a line item cost in this category is based on an allocation, it must be identified in the line item title as “Allocated Office Supplies” or “Communication Allocation.” Cost allocation plans may be requested to determine if costs are equitably distributed to the grant.)
o Indirect Cost – Details costs incurred for common or joint purposes (i.e., phone, supplies, administrative salaries) that are not a direct grant 887

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cost. An indirect cost benefits more than one cost objective and should be prorated equitably among all applicable functional areas.

For more information on indirect costs, refer to Allowable Indirect Costs in the Subrecipient Responsibilities & Procedures section of this manual.) Estimated costs for this category should be provided by the agencies fiscal official and supported by a current FFY Indirect Cost Rate approval letter from a federal agency.
• Budget Narrative, Schedule B-1, which provides line item descriptions, in the same order as the costs detailed in the budget estimate (Schedule B), and their relationship to the grant. The narrative addresses the following:
o Personnel Costs – Explains grant-related activities and/or responsibilities for personnel and provides itemized employee rates and benefits. (Since actual benefit costs differ for straight time and overtime hours, both rates are identified and itemized in their own benefit line.) o Federal guidelines prohibit using Federal grant funds to pay for routine and/or existing state or local activities that carry out the overall responsibilities of state, local, or federally recognized Indian tribal governments. This practice is known as General Costs of Government.

If a grant includes funding for straight time personnel, the OTS requires that the subrecipient include the following statement:
o “Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.”
o Travel Expenses – Details the travel necessary to complete grant objectives including conferences, seminars, training and/or out-ofstate trips and corresponding costs using the subrecipient’s established travel policies and reimbursement rates. If no policy exists, it is noted in the narrative. If the subrecipient does not have a travel policy with established reimbursement rates, standard reimbursement rates apply per the California Department of Human Resources. For rates consult the CalHR website.
o Contractual Services – Includes a brief description of the services provided by each contract identified in the budget estimate and how they relate to the grant objectives. Each contract must have its own sub-budget with detail. ( For more information on contractual services, refer to (Contractual Services) in the Grant Requirement section, and
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(Financial Management)in Subrecipient Responsibilities & Procedures, and also Contractual within the same section.)
o Equipment – Includes a brief description of the item(s) identified in the budget estimate, how it (they) will be used and if costs include any attachments, accessories, auxiliary apparatus, installation, or modification. Equipment brand names are not used.
o Other Direct Costs – Provides a brief description for each line item in the budget estimate by expense type, indicating how they support the grant goals and objectives. (For more information on other direct allowable costs, refer to Other Direct Costs the Subrecipient Responsibilities & Procedures section in this manual.)
o Indirect Cost – Provides a brief description of how costs will be calculated (i.e., salaries, salaries and benefits). (For more information on indirect cost, refer to Allowable Indirect Costs in the Subrecipient Responsibilities & Procedures section in this manual.)
• Certifications & Assurances, which document the federal terms, assurances and certifications that apply to the agreement between the OTS and the subrecipient. These may be reviewed in Appendix A in this manual.

Final Grant Agreement
Once the draft grant agreement is approved in GEMS, it is converted into a final grant agreement. The assigned OTS Grant Coordinator e-mails a copy to the Primary Contact and Authorizing Official listed on the agreement with completion instructions. The official will also receive a GEMS User Authority form (see Authorizing Officials in the Subrecipient Responsibilities section) to designate individuals who can represent the agency for grant activities. The Authorizing Official, Grant Director, and the Fiscal Official will electronically sign the grant and the designation form. If the agreement requires governing body approval, the agency should notify the OTS of the timetable for that process.

Once the agreement is returned to the OTS, the agreement is signed by the appropriate OTS authority. The agency will then receive notification that the grant is active and can be viewed and downloaded from GEMS.

The signatures of the authorized representatives indicate that the subrecipient agrees to comply with the requirements outlined in the grant agreement. The subrecipient may not proceed with any expenditure associated with the grant 889

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until the authorizing Official receives notification from the OTS and it is on or after the effective grant start date.

Pre-Operational Review
The OTS conducts a pre-operational review with all subrecipients within the first 90 days (between October and December) after the grant period begins. The review is conducted either by phone, virtually, or in-person with the OTS Grant Coordinator at a mutually agreed upon time and location. Since the purpose of the meeting is to review in detail the grant operational and fiscal requirements outlined in the OTS Grant Agreement, the individual(s) responsible for administering the grant should attend the meeting. The Authorizing Official, Fiscal Official, and Grant director are strongly encouraged to participate in the pre-operational review, if available. The OTS Grant Coordinator will review the grant goals and objectives along with base year data; equipment report, if applicable; the grant claim invoice and detail; and quarterly performance report. After the meeting, the Pre-Operational Review, which lists all who were in attendance, what was discussed and any other pertinent information, is completed by the OTS Grant Coordinator in GEMS.

GRANT REQUIREMENTS
Reimbursement of approved grant expenditures is contingent upon the subrecipient complying with all grant requirements and the appropriation of sufficient funds by the federal government and the California Office of Traffic Safety. The OTS does not represent or guarantee the availability of federal highway safety funds for initial or subsequent year funding. If during the term of the grant federal funds are reduced or eliminated, the OTS may immediately terminate or reduce the grant award upon written notice to the subrecipient’s Authorizing Official.

Once a grant has been awarded and becomes effective, the OTS reimburses the subrecipient for actual expenditures related to approved activities. Only costs incurred within the approved grant period and that do not exceed the federally obligated funds as indicated in the agreement are reimbursed. The goals and objectives outlined in the grant should be accomplished during the grant period and within the approved budget.

Federal & State Regulations Governing the OTS Grants
The Office of Management and Budget (OMB) 2 CFR Part 200, Uniform Guidance for Federal Awards, is the federal administrative regulation under which the OTS grants operate. Agencies receiving highway safety funds must adhere to these requirements. The OTS is as restrictive as the requirements of 890

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2CFR Part 200 and 2 CFR Part 1201 (implementing regulations). However, in some cases, the OTS may be more restrictive to allow time for the submission of reports to NHTSA which include subrecipient information. (Refer to AppendixD, General Terms and Conditions in this manual.)
The expenses and costs eligible for reimbursement under the highway safety program are those stipulated in the approved grant budget. To be allowable, costs must be necessary, reasonable, allocable, and expended according to the appropriate federal and state statutes or grant regulations outlined in 2 CFR Part 200.416 and Appendix VII (for state, local or tribal government), 2 CFR Parts 200.418 and 200.419 and 2 CFR Part 200 Appendix III (for educational institutions) and 2 CFR 414, and Appendix IV (for private non-profit organizations other than higher education institutions or hospitals). When evaluating reasonable cost, subrecipients should consider the following:
• Is the cost generally recognized as ordinary and necessary for the performance of a government or public entity?
• Does the cost exceed the market price for comparable goods or services?
• Was restraint used and requirements followed (i.e., sound business practices, arm’s length bargaining)?
• Did the person act prudently and responsibly in expending public funds? • Did the subrecipient adhere to established procurement practices thereby ensuring the cost to the OTS is justifiable?
All procurement and contractual transactions must be conducted in a full, open and competitive manner consistent with the standards of 2 CFR Part 200.318. Sole source procurement or contracting is discouraged, because it is inconsistent with a policy of full and open competition. Grant management rules require the OTS to monitor subrecipients to ensure compliance with applicable federal requirements and cost principles. (For more information, refer to the Monitoring section in this manual and Audit information provided below.)
Audits
Audits are conducted to determine the fiscal integrity of financial transactions and reports, as well as compliance with laws, regulations and administrative requirements. All grants awarded by the OTS are federally funded by the U.S.

Department of Transportation/NHTSA and recorded in the catalog of Federal Domestic Assistance (CFDA). If a subrecipient or its parent agency expends over $750,000 in federal funds from any source, a single audit procedure is required by the Single Audit Act for State and Local Agencies, 1996 891

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Amendments, Public Law 104-156. Current code 2 CFR Subpart F - Audit, Part 200.501 describes the audit requirements. All agencies meeting this threshold, must submit a copy of their completed audit to the California State Controller’s Office.

State highway safety offices are required to review the Federal Agency Clearinghouse for existing audits submitted by entities meeting the $750,000 threshold. Annually in July, all proposed and current subrecipients that have not met the federal single audit requirement receive a letter from the OTS requesting resolution. If a subrecipient is unable or unwilling to have an audit conducted in accordance with 2 CFR Subpart F - Audit, Part 200.501, the OTS may administer the following sanctions: withhold a percentage of the grant award, withhold or disallow overhead cost, suspend the grant until the audit is conducted or an exemption certification is submitted, or terminate the grant.

In addition to the federal single audit requirement, the California Department of Finance Office of State Audits and Evaluations (OSAE) conducts financial and compliance audits and monitoring activities on behalf of the OTS in accordance with government audit standards. These audits are performed to aid the OTS in complying with federal audit requirements and grant fund oversight. (For more information, refer to the Monitoring section in this manual) Federal Funding Accountability & Transparency Act
Passed by Congress in 2006, the Federal Funding Accountability and Transparency Act (FFATA) requires the OTS to report each action (sub-award and executive compensation) that obligates $25,000 or more in federal funds during the grant year. The subrecipient is exempt from this requirement if, during the previous year, its gross income from all sources was less than $300,000.

Procurement Standards (Competitive & Sole Source)
A subrecipient of federal grant funds awarded by the OTS must follow the same policies and procedures it uses for procuring goods and services with nonfederal funds provided they conform to applicable state laws as well as federal laws and standards outlined in 2 CFR Part 200.318. A copy of the subrecipient’s established procurement procedures must be readily available for audit purposes upon request from the OTS. State government agencies must comply with contract and procurement policies and procedures set forth in the California State Administrative Manual and the California State Contracting Manual. Three competitive bids should be secured for each purchase or service.
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Purchases or contracts awarded by a non-competitive process or sole source are allowed only when small purchase procedures, sealed bids or competitive proposals are unfeasible, and the following applies:
• Goods or services are only available from a single source. • Public need or emergency will not permit a delay resulting from a competitive solicitation.
• Competition is determined to be inadequate after soliciting a number of sources.

Sole source approvals must be granted in accordance with the subrecipient’s procurement and contracting directives addressing non-competitive procurement and contracting. All exceptions must follow state guidelines.

Buy America Act - 23 USC 313
Prohibits states and their subrecipients from using highway grant funds to purchase products over $5,000.00, unless they are manufactured or assembled in the U.S. This prohibition applies to steel, iron and all manufactured products, unless a waiver is granted by the U.S. Secretary of Transportation. There is no minimum purchase threshold that exempts the need for a waiver under the Buy America Act.

The Buy America Act is also contained within Appendix A - Certifications and Assurances for Highway Safety Grants, which become a part of a signed grant agreement.

Contractual Services
Subrecipients may use consultants and contractors, secured through a competitive bid or proposal as previously described in the Procurement Standards in this manual, to achieve the goals and objectives outlined in a federal funded highway safety grant. However, the subrecipient should not enter into a contract until the grant agreement is signed and authorized by the OTS, and effective after the grant start date. The subrecipient is responsible for verifying contractor eligibility by checking the System for Awards Management website or adding a self-certification clause or condition to the contract (see Certification Regarding Debarment and Suspension included in Appendix A of this manual).

The subrecipient is responsible for managing all contracts issued using the OTS grant funds including:
• Ensuring the contractor complies with all contract provisions. 893

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• Ensuring services are performed according to the quality, quantity, objectives, timeframes, and manner specified in the contract. • Ensuring that all work is completed and accepted before the contract expires.
• Assessing and requesting amendments, renewals or new contracts as required allowing sufficient time to process and execute these changes before the contract expires to prevent lapse in service. • Ensuring that contracts are amended after any grant agreement revision that affects the contract terms.
• Reviewing and approving invoices for payment, ensuring payments are made in accordance with contract terms, all costs are budgeted and allowable, and work has been performed.
• Monitoring contract expenditures to ensure there are sufficient funds to pay for all services rendered as required by the contract. • Verifying all requirements of the contract are fulfilled before submitting the final invoice.
• Ensuring that all Personnel Activity Reporting (PAR) requirements are met. (For more information, refer to Personnel Source Documentation in the Direct Allowable Cost & Source Documents section in this manual.) Nothing contained in the grant agreement creates a contractual relationship between the OTS or the State of California and the contractor. The subrecipient is responsible for monitoring the activities of the contractor to ensure it is achieving the desired results as outlined in the contract and grant agreement, and that federal grant funds are used for purposes authorized in the grant agreement and in compliance with federal and state statutes and regulations.

The subrecipient, not the OTS or the State, is responsible for paying its contractors.

The subrecipient is the responsible party and remains liable for the performance of the terms, conditions, assurances, and certifications of the grant agreement that specifically relate to the contractor. The subrecipient is as fully responsible to the OTS and the State for the acts and omissions of its contractors and the contractor’s employees as it is for its own employees. In the event of a contractual and/or administrative issue arising out of a contract entered into in support of the grant agreement, the subrecipient, not the OTS or the State of California, is responsible for resolving all disputes, claims or other matters of a contractual nature as well as civil liability arising out of negligence or intentional misconduct on the part of the contractor.
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Non-Profits
Contractual agreements with 501(c)(3) non-profit organizations (“contractors”) registered with the California Secretary of State are allowable and must be on a cost reimbursement basis and include detailed budgets with budget narratives descriptive enough to limit misinterpretation of allowable cost items. If the value of the contract is more than $150,000, the host agency is responsible for conducting pre-award reviews, as necessary, to determine if the non-profit can perform in accordance with the terms, conditions and specifications in the contract and all applicable state and federal requirements. The review should determine:
• the propriety of the amounts in the cost proposal;
• the ability of the contractor’s accounting system to accumulate and segregate reasonable, allocable and allowable costs for charges related to the contract; and
• that the agreement complies with all applicable state and federal procurement criteria.

The pre-award audit may be waived if the non-profit has a successful history with the host agency.

Traffic Enforcement Agencies
A subrecipient’s traffic enforcement personnel and any equipment funded under a grant agreement must be solely dedicated to grant supported enforcement tasks unless a crime is committed in the officer’s presence, the officer is responding to a distress call, or all available enforcement personnel are responding to a riot. Nothing in the grant agreement (i.e., goals, objectives) should be interpreted as a formal or informal requirement that a police officer issue a specified or predetermined number of citations.

Institutions of Higher Education
Colleges and universities may enter into contracts to perform applicable provisions of a grant agreement. The terms and conditions of a grant agreement is detailed in Appendix B.

Limitation of Liability
The subrecipient is responsible for the settlement of any and all claims and lawsuits arising from or incident to the OTS’ non-payment of a subrecipient’s claim. The subrecipient expressly acknowledges that their responsibility including the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims and lawsuits are based upon the OTS’ 895

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nonpayment of claims. The subrecipient will defend any suits brought upon all such claims and lawsuits and pay all costs and expenses.

The agreement entered into with the OTS is subject to any applicable restrictions, limitations or conditions entered by the U.S. government subsequent to the execution of the grant agreement.

SUBRECIPIENT RESPONSIBILITIES & PROCEDURES
When a government or public entity accepts federal highway safety funds, it agrees to fully comply with all requirements in this manual and any periodic changes that may be made during the grant period. The government or public entity designated Subrecipient Authorizing Official will be notified in writing of any changes via email and/or mail.

It is critical that the agency officials carefully review the federal regulations outlined in 2 CFR Part 200 and 1201 and the certifications and assurances included in the grant agreement and in Appendix A and B in this manual. The Governor is the responsible official for the administration of California’s highway safety program through the OTS (which has adequate powers and is equipped and organized to carry out the program) and must assure compliance with applicable statues and regulations. By accepting federal highway safety funds, the government or public entity or subrecipient is also bound by these certifications and assurances.

Authorizing Official
The Authorizing Official has contract binding authority. Once the grant agreement is finalized by the OTS, the Authorizing Official will receive from GEMS an alternate signature/GEMS user authority email. The attached GEMS User Authority form (OTS-55) allows the official to delegate up to five (5) authorized users. The form is submitted to OTS via email. Retain the original form in the agencies official grant file. All individuals listed on this form and will be able to log in to GEMS for all matters relating to the OTS grant, including, but not limited to, completing and submitting Quarterly Performance Reports (QPRs) and reimbursement claims.

Grant Director
The Grant Director (i.e., police chief, police sergeant, traffic engineer) is responsible for establishing operating procedures and controls that ensure adequate administration of the grant in accordance with the terms of the agreement as well as all applicable statutes and regulations. He/she is responsible for meeting work schedules, maintaining costs within the approved 896

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budget(s), compiling sufficient documentation to validate grant progress and fund expenditures, submitting timely and complete grant reports, and the grant evaluation. The Grant Director must be available for periodic operational reviews with the OTS Grant Coordinator.

Fiscal or Accounting Official
In addition to the Grant Director, the subrecipient must also identify the Fiscal or Accounting Official who is responsible for ensuring that budgeted costs comply with the agency’s standard policies and procedures and that the agency’s accounting system conforms to generally accepted accounting principles. The Fiscal Official should also carefully review the federal regulations outlined in 2 CFR Part 200 and 2 CFR Part 1201 and the certifications and assurances included in the grant agreement and in Appendix A and B in this manual.

Change Authorized Officials or Delegation
Contact the OTS for changes to the Agency officials listed on Page 1 of the grant agreement, submit an email detailing the change. The OTS will provide further instruction by email. Resubmit the OTS-55, should changes occur to those listed on that document.

Financial Management
The subrecipient must have adequate and appropriate internal controls in place for every OTS grant that assures awards are managed in compliance with state and federal statutes and regulations. These controls should ensure that all cash, real and personal property, and other assets are safe guarded and used solely for purposes authorized in the grant agreement.

A separate account or fund must be established for each highway safety grant and all grant costs should be separately and accurately recorded. Additionally, the Fiscal Official should ensure that all claims for reimbursement are limited to those specifically authorized in the grant agreement and that they are prepared using grant accounting records or a process that reconciles claims at least quarterly with the grant records.

While the OTS establishes an electronic copy file for each grant, it is strongly recommended that copies of all financial records pertaining to a grant be stored in a grant file (hard copy, electronic, or both) maintained by the subrecipient’s Fiscal Official or Authorizing Official. This will make it easier to submit claims, complete status reports, respond to questions, and reference documents. The file should include information pertaining to grant awards, authorization, financial obligations, unobligated balances, assets, expenditures, and, if applicable, income (contact OTS for additional reporting requirements). 897

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It should also include a copy of the subrecipient’s internal purchasing policies and procedures. At a minimum, the policies must meet state requirements; they may not be less stringent. If no written policies exist, the subrecipient is subject to the state’s purchasing guidelines.

Subrecipients must maintain records that sufficiently detail the procurement history for all purchases. At minimum, these records should detail the rationale for the method of procurement and selection of contract type, written selection procedures, documented reasons for rejections, and the basis for the contract price. For sole source procurements, the records must at minimum include justification of why the purchase/service cannot logically and reasonably be made through a competitive bidding process including the consequences if not approved, a list of the vendor’s or contractor’s unique qualifications, experience, etc., and a detailed cost analysis.

The subrecipient must retain all source documents and records in the file and make them available for federal and state audits for at least three years following the date of the final reimbursement of grant expenditures or final disposition of equipment purchased with grant funds, whichever is later.

Records must be retained beyond this time period if there are unresolved audit findings. (For more information, refer to Audit section and the Monitoring section of this manual.)
Fraud Prevention
A subrecipient must have strong training programs in place that address policies, procedures and controls, with a particular emphasis on fraud prevention. Effectively supervising and monitoring employees working on the grant is critical. Examples of fraud include but are not limited to: falsified time sheets, grant applications, quarterly performance and final reports, contracts, or competitive bids; expenditure reports that falsely indicate federal funds have been expended; reporting activities, citations or arrests that did not occur; embezzlement; bribery; extortion (acting under color of official right); obstruction of justice; and destruction of records.

If a subrecipient determines there is fraud, and/or a conflict of interest associated with a federal highway safety grant, this information must immediately be detailed in writing and forwarded to the OTS Grant Coordinator. The OTS Grant Coordinator will notify the OTS management, who in turn, is required to report any fraud or conflict of interest associated with a federal highway safety grant to NHTSA.
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Safeguarding Personal Information
A subrecipient must take reasonable measures to safeguard protected personally identifiable information and other information NHTSA or the OTS designates as sensitive or that the subrecipient considers sensitive consistent with applicable federal, state, and local laws regarding privacy and obligations of confidentiality as prescribed under 2 CFR Part 200.303.

Direct Allowable Costs & Source Documents
The OTS uses the cost principles outlined in 2 CFR Part 200 Subpart E and NHTSA policy and guidance to determine necessary, reasonable, allocable, and allowable costs consistent with policies, rules and regulations conforming to limitations or exclusion of cost. A subrecipient is required to adhere to these same requirements when administering grant funds. (For more information, refer to Federal & State Regulations in the Grants Requirement section in this manual).

A subrecipient is responsible for determining whether a cost for a specific service, function or item (i.e., supply, equipment) is a direct cost, direct allocation (costs such as depreciation, rental, facility operation and maintenance that are prorated and the benefit to the grant can be directly measured) or allowable indirect cost (costs incurred for common or joint purposes that are prorated to a grant based on the benefit received but are not readily associated with a specific grant). For federal highway safety funded grants provided by the OTS, direct costs are categorized in the grant agreement as personnel, travel, contractual services, equipment and other direct costs (i.e., office supplies, educational materials). For more information on allowable costs for federal grant funded programs, consult the NHTSA Highway Safety Grants Program Resources Guide website. Supplemental information and clarification regarding allowable and unallowable costs are published in the NHTSA memorandum titled “Use of NHTSA Highway Safety Grant Funds for Certain Purchases”.

Adequate documentation is required for a cost to be eligible for reimbursement.

The criteria for ensuring a subrecipient has adequate source documentation are provided under each direct cost category below:

Personnel
Personnel costs include only direct compensation of wages and fringe benefits of subrecipient employees hired expressly for the grant and for the time and effort spent on grant-related activities. Grant funds may be used for wages, special compensation, or other authorized absences such as annual and sick leave provided the cost for the employee is reasonable for 899

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the services rendered, follows an appointment made in accordance with state or local laws and rules, and meets federal requirements.

Grant funds may also be used for employee fringe benefits for authorized absences such as annual leave and sick, as well as employer’s contributions to social security, health insurance, workmen’s compensation, and the like provided they are granted under approved plans and distributed equitably to the grant and all other activities. Costs for authorized absences are only reimbursable up to the amount earned during the term of the grant.

Source Documentation:

If an employee of a subrecipient or contractor (excluding an employee only receiving OTS funding for overtime) is receiving less than 100% of funding from the OTS for personnel services or is receiving 100% of funding from the OTS but the funding comes from more than one federally-funded grant, his/her time distribution to the federally funded grant must be supported by an after-the-fact Personnel Activity Report (PAR). This requirement also applies to employees of non-profits and institutions of higher education.

A PAR is an employee-maintained timesheet or log which accounts for 100% of the employee’s time. It is used to identify effort spent on multiple programs/federal funds. A PAR must:
• reflect the employee’s after-the-fact distribution of time by program/federal fund;
• account for the total activity by program/federal fund for which each employee is compensated whether grant-related or not; • be prepared at least monthly and coincide with one or more pay periods; and
• be signed by the employee and his/her supervisor.

A digital signature and/or online PAR is acceptable provided the subrecipient or contractor can demonstrate and document that the actions detailed on the PAR were performed by the employee.

An employee of a subrecipient or contractor receiving 100% of funding from the OTS for personnel services is not required to complete an afterthe-fact PAR. Instead, the subrecipient may choose to have the employee complete the Employee Time Certification form stating that the employee worked solely on the federally funded program for the period covered by the certification. This certification must be prepared at least semi-annually and signed by the employee and supervisory official who 900

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has firsthand knowledge of the worked performed by the employee. Both of these forms will be provided by the OTS Grant Coordinator during the Pre-Operational Meeting.

Travel
Allowable travel expenses incurred by personnel identified in the grant budget include transportation, food and lodging that meet the subrecipient’s documented travel policies. The travel should occur prior to the claim submission for reimbursement.

If the subrecipient’s travel policy does not include maximum allowable lodging rates, these costs may not exceed the state’s lodging rate unless written justification is submitted and approved by the OTS. If the subrecipient does not have documented travel policies, the State Travel Policies apply.

Out-of-state travel expenses require written approval from the OTS prior to incurring costs unless identified in the Budget (Schedule B) and the Budget Narrative (Schedule B-1) of the grant agreement.

Expenses associated with attending meetings and conferences, where the primary purpose is the dissemination of technical information, are allowable.

These include transportation, registration fees, and other incidental costs.

Source Documentation:
• Travel expenses must be supported by properly prepared employee expense reimbursement claims, including required receipts per the documented travel policy. For audit purposes, all receipts must be retained for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.
• Conference or seminar expenses must be supported by an event agenda.
• For meetings or conferences, documentation must indicate that the primary purpose was for dissemination of technical information. • For costs associated with the use of agency-owned vehicles, documentation must indicate who used the vehicle, when, for what purpose, and number of miles driven. Documentation must also explain how the mileage or other billing rate(s) was developed if the state rate is not used.
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Contractual Services
This applies to any professional services and associated costs necessary to complete the grant objectives, not available through the subrecipient, requiring contractual agreements that are entered into in accordance with the subrecipient’s normal procedures.

Source Documentation:
• Services provided by an individual, organization, firm, or agency must be supported by a properly executed contract or interagency agreement.
• Payments must be supported by itemized invoices and made in accordance with the terms of the agreement.
• The subrecipient must maintain records that sufficiently document the procurement process associated with the contract.

Equipment
Equipment is any non-expendable, tangible personal property costing $10,000 or more (FFY 2024 and prior is $5,000 or more) with a useful life of at least one year that is required to carry out grant activities (i.e., motorcycles, radar trailers, some extrication equipment). The total cost includes modifications, attachments, accessories, or auxiliary apparatus needed to make it usable for grant purposes as well as tax, shipping and installation (excluding any discounts).

All equipment purchased using federal highway safety funds require written approval from NHTSA, which is handled by the OTS during the grant application process. Equipment purchased with grant funds must be used for traffic safety purposes only. Non-authorized use of equipment is grounds for refunding a portion of the equipment value to the OTS. All equipment purchased with grant funds must comply with the Buy America Act, in this manual. Additional guidance is available from the OTS Grant Coordinator.

The subrecipient must have procedures in place for managing equipment (including replacement equipment) purchased in whole or in part using the OTS funds that at minimum include:
• Adequate controls for safeguarding against loss, damage or theft; • Provisions for replacement due to circumstances other than normal wear and tear;
• Maintenance procedures to ensure good working condition; and • Complete records (detailed below).
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For information on equipment monitoring, refer to the Monitoring section in this manual. Equipment disposition is discussed in the Grant Close Out section of this manual.

Source Documentation:

Equipment must be reported to the OTS using the Equipment Reporting Form. The form is generated in GEMS at the time the subrecipient requests reimbursement for the purchase on a claim. The OTS uses this form for monitoring purposes, but it should not be used by the subrecipient as a substitute for appropriate equipment control records which should include the following information:
• Description of the item with serial or identification numbers; • Federal funding source (FAIN number);
• Acquisition date and total cost including federal share; • Source and title holder;
• Location, condition; and
• Disposition data including date of disposal and sale price.

Other Direct Costs
This includes any other supplies or services (i.e., educational materials, DUI checkpoint supplies, child safety seats) of a non-contractual nature with an acquisition cost of less than $10,000 purchased using highway safety funds.

These purchases do not require NHTSA pre-approval. However, these items or services must be used in support of the grant. Non-authorized use of supplies or services is grounds for refunding a portion of the value to the OTS.

All items costing $5,000 or more (including tax and shipping and excluding discounts) purchased with grant funds must comply with the Buy America Act, in this manual. Additional guidance is available from the OTS Grant Coordinator.

The cost of the item or service, which would not otherwise be allowable using the subrecipient’s general funds, may not be purchased with federal grant funds. Additionally, if joint costs are prorated as direct costs to the grant, the allocation method must be reviewed by the OTS to determine reimbursement eligibility.

Grant funds may be used for the development of new training curricula and/or materials that do not duplicate materials already developed for similar purposes by U.S. DOT, NHTSA, the Federal Highway Administration or the State of California.

The subrecipient should contact their OTS Grant Coordinator for guidance on allowable supplies and services and refer to the Public Information & 903

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Education Section of this manual for information concerning the inclusion of logos on materials. All items purchased with grant funds, over $5,000, must comply with the Buy America Act.

Source Documentation:

All other direct costs must be supported by purchase orders or other original procurement documents signed by the appropriate authority.

The subrecipient should also have itemized invoices or properly signed and dated delivery and/or packing slips. Rental or lease costs must be supported by detailed agreements.

Allowable Indirect Costs
Allowable indirect cost rates are reimbursed as defined in 2 CFR Appendix E Part 414 . Indirect costs are those costs incurred for common or joint purposes (i.e. telephone, administrative services, depreciation, facility and equipment maintenance) and not assigned to a highway safety grant as a direct cost.

Indirect costs benefit more than one cost objective and should be prorated equitably among all applicable functional areas (OTS grant and non-grant related).

A non-profit that does not have an approved indirect cost rate may elect to charge a de minims rate of 10% of modified total direct costs. Guidance on establishing an indirect cost rate as well as regulations for negotiating and approving this rate is outlined in Appendix IV of 2 CFR Part 200, Indirect Costs Identification and Assignment and Rate Determination for Non-Profit Organizations.

A subrecipient that does not already have an approved federally-recognized indirect cost rate negotiated with the federal government must negotiate a rate with the OTS as outlined in 2 CFR 200.331(a)(4). Once the indirect rate is negotiated, it must be accepted by all federal agencies (i.e., NHTSA, FHWA) as outlined in 2 CFR 200.414(c)(1).

Source documentation (i.e., a subrecipient’s federally approved indirect cost rate letter) must be available to support an indirect cost rate authorized by the federal government. If the subrecipient’s indirect cost rate is amended or changed during the term of the grant, the new indirect cost rate plan and approval letter must be submitted to the OTS.

Unallowable Costs for Selected Items
The following is a list of selected costs that are ineligible for reimbursement under the Highway Traffic Safety Program. A subrecipient should contact the OTS Grant Coordinator for guidance regarding the other costs not discussed previously or 904

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below in this manual.

Construction & Facilities
• Highway construction, maintenance and/or design
• Construction or reconstruction of permanent facilities such as paving, driving ranges, towers, and non-portable skid pads
• Highway safety appurtenances including longitudinal barriers such as guardrails, regulatory and warning signs and supports, field reference markers, luminaire supports, and utility poles
• Construction, rehabilitation or remodeling of any building or structure • Cost of land
• Purchase of office furnishings and fixtures such as but not limited to: desk, chair, table, shelving, coat rack, credenza, book, filing cabinet, floor covering, office planter, storage cabinet, portable partition, picture, wall clock, draperies/hardware, fixed lighting, lamp
Equipment
• Traffic signal preemption systems
• Automated Traffic Enforcement Systems
Training
• Cost of the individual’s replacement hourly rate while attending training, unless the personnel position is already grant supported Program Administration
• General Costs of Government, which includes the use of funds for routine and/or existing governmental activities that constitute general expenses required to carry out overall responsibilities of a government entity • Promotional items (i.e., key chains, pencils, mugs)
• Entertainment costs including amusement and social activities and any costs directly associated with the purchase of tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities • Alcoholic beverages for any consumption purposes including controlled training settings for law enforcement training
• Contributions and donations, including cash, property and services to others regardless of the recipient
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• Cost of fundraising, including financial campaigns, solicitation of gifts and similar expenses incurred to raise capital or obtain contributions • Contingency provisions for contributions to a contingency reserve or similar provision for unforeseen events excluding self-insurance reserves • Fines, penalties, damages, and other settlements resulting from violations or non-compliance
• Costs of commercial insurance that protects contractor for correction of defects in materials or workmanship
• Costs not recovered under one grant agreement are unallowable under other grant agreements
• General liability insurance
Grant Revisions
A subrecipient may request a revision to the grant agreement that is necessary to enhance the operational efficiency of the highway safety grant. This includes any changes that may affect the overall budget or a specific budget line (including moving funds between line items and/or cost categories), a subbudget or contractual services, as well as the addition of travel (in and out-ofstate), and/or a significant change in goals, objectives and/or procedures that affect the grant scope or end date.

The Authorizing Official, Fiscal Official, or Grant Director must submit to the OTS Grant Coordinator a detailed explanation and justification for a grant revision.

In advance of sending written notification, the subrecipient is encouraged to contact the OTS Grant Coordinator to discuss any proposed grant revision.

Once a revision request is received, the OTS carefully reviews it taking into consideration the subrecipient’s current and past grant performance, timeliness and quality of claims and quarterly performance reports, the circumstances and justification for the change, and availability of grant funds. The subrecipient should allow sufficient time for the review process (which may also require NHTSA approval), keeping in mind that no grant funds may be expended until written notification of the status of the request (approval or denial) is provided by the OTS.

Failure to comply could jeopardize claim reimbursement. 906

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CLAIMS PREPARATION & REIMBURSEMENT
Claim Preparation
To request reimbursement of an approved grant expenditure, the subrecipient must complete a Grant Claim Invoice in GEMS and Contractual Services Summary Sheet, if applicable. These forms must be input into GEMS no later than 30 days following the end of the calendar quarter as follows:

Quarter Time Period Due Date
First October thru December January 30
Second January thru March April 30
Third April thru June July 30
Fourth July thru September October 30
An invoice showing “zero net” must be submitted even if no expenses were incurred during that quarter. Failure to submit quarterly grant claim invoices by these due dates may result in suspension of the grant, loss of grant funding and/or a denial of future grant funding. Additionally, invoices will not be processed for subrecipients that fail to provide Quarterly Performance Reports for two or more quarters. (For more information, refer to the Grant Reports section, Quarterly Performance Reports in this manual.) The grant claim invoice should be prepared using the subrecipient’s accounting records and include costs incurred during that time period. Enter the exact cost, do not round off numbers. To ensure proper accounting of reimbursements, grant claim invoices submitted to the OTS should be recorded as a receivable in the subrecipient’s accounting system.

Subrecipients access Claims from the Grant Agreement list view on their GEMS home page. The form is pre-populated with the grant budget items against which claims for reimbursement can be made. The form also indicates budget remaining for each item based on prior claims that have been reviewed and approved.

Personnel Costs, enter the claimed hourly rate and/or overtime costs, if applicable. Source documentation is maintained by the subrecipient in the event of an audit and/or the Grant Performance Review (For more information, refer to Grant Performance Review in the Monitoring Section of this manual.)
Fringe Benefits, enter the pertinent information for authorized absences such as annual leave and sick leave, as well as employer’s contributions to social 907

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security, health insurance, workmen’s compensation, and the like provided they are granted under approved plans, and are distributed equitably to the grant and all other activities.

Travel Costs, enter the pertinent travel information and claimed costs, if applicable in accordance with the Subrecipient Responsibilities section, Travel. Upload source documentation organized by in-state and out-of-state travel for each individual(s) trip or training. For each individual trip or training, group all source documents together and clearly label each with the traveler’s name and approved trip or training identified in the Budget of the agreement.

Contractual Services, enter the claimed contractual services amount by line item in the GEMS Grant Claim Invoice Screen including entry into subbudgets if applicable. Upload all source documents for each contractor, group all source documents together and clearly label each with the line item identification and/or contractor’s name.

Equipment, enter the claimed amount, if applicable. GEMS will require completion of the Equipment Report as part of the claim. GEMS automatically creates the first Recertification record with a Recertification due date that is 2 years from the date of original claim.

Assemble and upload applicable invoice(s). If sales tax is not included on the invoice, provide a statement that includes the following: “Charge is for California Sales Tax that will be paid to the California Department of Tax and Fee Administration (CDTFA),” amount of sales tax for each item, and date tax is paid to BOE. For each line item, assemble all source documents together and clearly label each with the line item name.

Other Direct Costs, enter the claimed line item amount, if applicable and upload invoices or receipts. For each line item, assemble all source documents together and clearly label each with the name of the line item.

Indirect Costs, the approved rate is already entered in the agency information tab and will automatically calculate, if applicable. No source documents are required; however, the subrecipient should have its indirect cost allocation approval letter on file.

The authorized user or subrecipient must verify that costs claimed are allowable and authorized, do not exceed budgeted line items, and posted to the correct cost categories and line items. They should also check that all source documents are provided.
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If a claim is submitted with undecipherable or missing source documents, the subrecipient will be notified and instructed to submit the missing information or re-submit the documents in question within three business days. If documents are not received by this deadline, the costs in question will be removed from the claim.

GRANT REPORTS
Quarterly Performance Report (QPR)
Subrecipients must submit Quarterly Performance Reports (QPR) through GEMS.

The QPR details grant activities conducted during each quarter to accomplish grant objectives. It is the main source of information used by the OTS to determine grant success and commitment as well as any difficulties the subrecipient may be experiencing. The information and data provided in the QPR is incorporated into the Annual Performance Report that the OTS submits to NHTSA and the State Legislature. The quarterly data is pulled from the subrecipient’s crash records.

The QPR must be input into GEMS no later than 30 days following the end of the quarter on the following dates:

Quarter Time Period Due Date
First October thru December January 30
Second January thru March April 30
Third April thru June July 30
Fourth July thru September October 30
QPR due dates are the same regardless of when a grant starts within a quarter (i.e., grant start date is December 1 and first quarter QPR is due January 30).

Failure to submit QPRs on time may result in suspension of the grant, loss of grant funding and/or a denial of future grant funding. Additionally, invoices will not be processed for subrecipients that fail to provide QPRs for two or more quarters.

The OTS Grant Coordinator will provide the QPR reporting guidelines at the preoperational review meeting. The QPR is prepopulated based on the grant agreement, it’s completed in GEMS, and contains the following:
• An overview, that includes a brief list of all activities (including significant media), and procurement conducted in support of the grant during the quarter as well as the status of grant funded personnel and contracts, any challenges, and accomplishments.
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• An equipment overview for any equipment (costing $10,000 or more) being purchased during the grant period noting steps taken to accomplish the purchase and/or if it is still required (i.e., bid, purchase order or requisition, delivery, invoice received and/or paid) or a justification or reason if the purchase was delayed.
• A summary of completed grant objectives including an explanation of what was not accomplished and/or plans for upcoming activities. • If applicable updated objective data points for the quarter. • Documents illustrating what was done during the quarter such as the OTSapproved press releases, news clips, photos, and/or other materials.

Include a list of these documents.

Supporting information may be uploaded into GEMS.

The fourth quarter QPR should include a final evaluation that briefly summarizes significant total grant accomplishments and challenges (highlight significant items from the objective data points), the number and type(s) of activities completed, type(s) of training conducted or received, and grant-funded purchases. Complete all final goals, objectives, data points and indicate whether they were achieved and provide an explanation if not completed.

Grant Close Out
Approximately 30 days prior to the grant end date, the OTS sends a reminder email to the Primary Contact and Authorizing Official that serves as a reminder of the grant end date and includes information to assist the subrecipient prepare the final QPR, evaluation, and claim. The final QPR, including the completed evaluation section, and reimbursement claim for costs incurred up through the grant end date, must be sent to the OTS for receipt no later than 30 days following the grant end date.

Equipment Disposal
At the end of or anytime during the grant, prior to disposal, a subrecipient must notify the OTS of any disposition of grant equipment, unless the value has been certified to be under $10,000 (equipment purchased FFY 2024 and prior shall be certified until the value is under $5,000) and at the end of its useful life. The subrecipient must submit a letter or email requesting the OTS approval to sell, transfer or dispose of grant equipment. The OTS will forward the request to NHTSA for final approval and notify the subrecipient of the outcome. All proceeds from the sales of the asset, regardless of the amount, must be used for the objective of the original grant agreement.
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