South Lake Tahoe City Council
September 23, 2025

Another goal of the Corridor Study is to evaluate opportunities to reduce traffic congestion and reduce Vehicle Miles Traveled (VMT) through better transit service and mobility options. This will include feasibility analysis for a gondola system.

Issue and Discussion: This project aims to prepare a Multimodal Mainstreet Corridor Plan along US Highway 50 and State Route 89, the main facilities for access and circulation throughout the city and the wider Lake Tahoe region. The City of South Lake Tahoe has applied for and received a Caltrans Sustainable Transportation grant in the amount of $475,000 (including the local match) to conduct this study.
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Council Agenda Report September 23, 2025 Page 2 of 3

This planning effort will identify, analyze, and propose enhancements to these transportation corridors that will improve safety and access for walking and bicycling, facilitate travel mode shifts away from vehicles, and provide solutions that enhance the quality of life for community members and visitors alike. The plan will have a broad scope that considers all road users, identifies priority areas for multimodal and sustainability transportation improvements, recommends specific projects and strategies to address existing issues, and provides the foundation for future implementation grants. The project will involve a robust public engagement/outreach strategy through workshops, pop-up events, and surveys. It will also include coordination with Caltrans District 3, NDOT, the Tahoe Regional Planning Agency (TRPA), El Dorado County, Douglas County, TTD, and local business partners.

Specifically, the study will evaluate the following major themes:
 Traffic Calming Options: The study will evaluate the mid-term and long-term recommendations in the Road Safety Audit (RSA) to identify appropriate options for traffic calming along the US 50/SR 89 corridor. This effort aims to develop practical solutions to the corridor's vehicular travel speeds and traffic congestion issues. The City hopes that US 50/SR 89 will transform into a “Main Street” concept while maintaining the regional travel needs.  Mobility Options: The study will evaluate non-motorized use of the corridor, including pedestrians, bicyclists, and scooters, with the goal of safe and efficient movement and interactions with vehicular traffic. The current bicycle and pedestrian facilities should be evaluated and compared to standards to provide safe mobility solutions in the corridor, both from a recreational perspective and options for VMT reduction.
 Transit Options: The study will evaluate transit options to reduce VMT and congestion in the corridor between the Airport, the “Y,” resort facilities, and Stateline. The following minimum options should be evaluated:
 High-frequency Shuttle Services
 Business Access Transit (BAT) lanes to provide a semi-dedicated bus lane  Gondola System. The Gondola system would connect “Y” to Heavenly and Stateline with strategic stops along the corridor.
 Mobility Hub. The study will evaluate the construction of a Mobility Hub at the “Y” or on Airport property. The Mobility Hub will include a parking garage and potentially other amenities, such as a gas station and restaurant, for a stopping point for visitors who travel to resort facilities, Stateline, and Emerald Bay. The consultant shall provide a preliminary recommendation as to the feasible location of the proposed mobility hub to attract travelers and provide a transit connection to destination points in the area
The City released a Request for Proposals (RFP) to the public on April 30, 2025. The RFP sought proposals from qualified teams to conduct public outreach, coordinate with stakeholder agencies and prepare a Multimodal Corridor Plan along US Highway 50 and State Route 89. Six hundred sixty-five vendors were notified. A pre-proposal meeting was held on May 8, 2025. On May 30, 2025, the City received five proposals.
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The evaluation team members, which included representatives from the Public Works Department, City Manager’s Office, Finance Department, Caltrans, and TRPA, evaluated the proposals. Each team member evaluated and then numerically scored each proposal based on the criteria outlined in the RFP. Two firms, CDM and DKS, initially scored equally as the highest rated proposals. Therefore, interviews were conducted with the CDM Smith and DKS teams.

Based on the final interview, the panel unanimously ranked CDM Smith as the highest-ranked firm.

Rank Firm
Office
Location Average
1 CDM Truckee 86
2 DKS Sacramento 86
3 Stantec Reno 83
4 TJKM Pleasanton 80
5 LLG Irvine 75
City staff conducted negotiations with CDM Smith and agreed to a final scope and budget.

Financial Implications: The recommended contract amount with CDM Smith is $474, 917. The City of South Lake Tahoe has received a Caltrans Sustainable Transportation grant in the amount of $475,000 (including the local match) to conduct this study. This funding is budgeted in the Capital Improvement Project account 301-50050 US HWY 50 Sustainable Transportation Plan.

Environmental Considerations: This action is statutorily exempt under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15262 (Feasibility and Planning Studies).

Policy Implications: These services will provide funding for a critical corridor study which is included in the strategic Plan, Priority 5.2. “Complete the conceptual US 50 Corridor Planning Study including transit options and cross-jurisdictional coordination (to include gondola, widened bike lanes, speed reduction, and Y mobility hub).”
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A & E AGREEMENT
South Lake Tahoe Multimodal Mainstreet Corridor Plan
US 50/89 Corridor
RFP: 5-30-2025
Sustainable Communities Grant RGA: 74A1578
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A & E

A&E AGREEMENT LANGUAGE

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

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.................. 22 ARTICLE XIX INSURANCE................................................................................................................. 28 ARTICLE XX FUNDING REQUIREMENTS.......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 29 324

ARTICLE XXII CONTINGENT FEE...................................................................................................... 29 ARTICLE XXIII DISPUTES.................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK............................................................................................ 30 ARTICLE XXV SAFETY ...................................................................................................................... 30 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT .............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXII TITLE VI ASSURANCES........................................................................................... 33 ARTICLE XXXIII NOTIFICATION ........................................................................................................ 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES........................................................................................................... 39 325

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

The name of the “CONSULTANT” is as follows:

CDM Smith, Inc.

Incorporated in the State of (California)
The Project Manager for the “CONSULTANT” will be (Jorge Simbaqueba, PE) The name of the “LOCAL AGENCY” is as follows:

City of South Lake Tahoe
The Contract Administrator for LOCAL AGENCY will be Hilary Roverud, Assistant City Manager B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated 8/21/2025. The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to:
contract, tort, or warranty) even if the possibility of such damages has been communicated. The provisions of this section shall survive termination or suspension of this AGREEMENT.

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

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT 326

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

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employeremployee relationship exists by reason of this AGREEMENT.

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

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

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

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

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

K. CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional under similar circumstances.

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

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT. 327

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
CONSULTANT scope of work is incorporated as Exhibit A.

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

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

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

J. Deliverables and Number of Copies
The CONSULTANT shall deliver one electronic copy of all data files, and reports and five (5) hard copies of the Final Report.
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ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (the date it is executed by the last Party to sign the AGREEMENT), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (December 31, 2026), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work.

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

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

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

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

Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
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City of South Lake Tahoe
Hilary Roverud, Assistant City Manager
1901 Lisa Maloff Way, Suite 203, CA 96150
E. The total amount payable by LOCAL AGENCY shall not exceed $474,946.27.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

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

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

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

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

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY. 330

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

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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

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

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole 331

discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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

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

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

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

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the 332

ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

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

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

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

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

F. Prompt Progress Payment
CONSULTANT shall comply with all applicable laws and regulations regarding prompt payment to subconsultants, including but not limited to the California Prompt Payment Act. CONSULTANT shall make payments to subconsultants within the timeframes required by law following receipt of progress payments, unless otherwise agreed to in writing. In the event of a good faith dispute over any portion of the payment, CONSULTANT may withhold a reasonable amount consistent with applicable law.

This clause shall not be construed to impose any penalties, liabilities, or disciplinary 333

actions beyond those provided by applicable law. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, as permitted by law.

This provision applies equally to DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1:No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

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

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

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

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
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1. CONSULTANT shall maintain an inventory of all nonexpendable property.

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

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

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

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

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

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and 335

week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to 336

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

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

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

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

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

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

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

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

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

H. Employment of Apprentices

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

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory 338

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

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

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

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

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

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

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR

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

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or 339

attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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

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

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

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

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

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and 340

Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100- 8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

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

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

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

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

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

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

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
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1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

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

3. Does not have a proposed debarment pending; and

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

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

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

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

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

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

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

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and 342

"regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

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

B. The goal for DBE participation for this AGREEMENT is 0 % Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

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

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

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form. 343

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

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

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

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

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

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

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

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

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

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

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

11. The LOCAL AGENCY determines other documented good cause.

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

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

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

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation.
• CONSULTANT’s written notice to the DBE regarding the request, 344

including proof of transmission and tracking documentation of CONSULTANT’s written notice
• The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

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

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

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

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

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

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

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

2. Provide this notification before starting the affected work

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

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

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

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

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

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. 346

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

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

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

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

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include 347

items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

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

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

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

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

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

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid 348

each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

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

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

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

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

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

2. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on the standard 349

Occurrence form. Claims-Made forms are not acceptable without prior written consent of LOCAL AGENCY. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of CONSULTANT. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

3. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

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

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

1. LOCAL AGENCY, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under CONSULTANT’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the CONSULTANT, including materials, parts or equipment furnished in connection with such work or operations.

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

3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring CONSULTANT.

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

5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to LOCAL AGENCY, its elected or appointed officers, officials, employees, agents or volunteers.
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6. No policies of insurance carried by CONSULTANT shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.

C. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.

D. Certificates of Insurance. CONSULTANT shall provide certificates of insurance with original endorsements to LOCAL AGENCY as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by LOCAL AGENCY as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

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

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

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

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

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

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this 351

AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

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

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

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

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

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

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

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

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to 352

public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOACL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.

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

C. Notwithstanding any other provision of this Agreement to the contrary, Consultant shall retain its rights in its pre-existing standard drawing details, designs, specifications, databases, computer software, proprietary information, documents, templates, and any other property owned by Consultant on the date of this Agreement or developed outside of this Agreement.

To the extent that any of the Consultant’s intellectual property is embedded in Deliverables provided to City under this Agreement, the Consultant hereby grants to City a nonexclusive, irrevocable, perpetual, and royalty-free license to use such intellectual property for business purposes to the extent necessary to permit City to utilize the Consultant’s services and deliverables under this Agreement.

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

E. Applicable patent rights provisions regarding rights to inventions shall be included in 353

the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).

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

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

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

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

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

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

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

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
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E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

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

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

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
(1) The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(2) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. (3) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
(1) For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
(2) The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
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ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES

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

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. 356

f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

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

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places ofpublic accommodation, and certain testing entities 357

(42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: CDM Smith, Inc. T)
William Hurrell, Principal
220 Montgomery Street, Suite 1418
San Francisco, CA 94104
LOCAL AGENCY: City of South Lake Tahoe
Hilary Roverud, Assistant City Manager
1901 Lisa Maloff Way, Suite 203, South Lake Tahoe, CA 96150

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

Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with 358

the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
(CITY OF SOUTH LAKE TAHOE) (CDM Smith, Inc.)
Tamara Wallace, Mayor William Hurrell, Principal
Date: Date: _________________________
Business License # 320810_
APPROVED: ATTEST:
___________________________ ________________________
Heather Stroud, City Attorney Sue Blankenship, City Clerk Date: ______________________ Date: ____________________ 359

EXHIBIT A

SCOPE OF SERVICES
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Task 1 – Review of Documents
Objectives
The review of available documents serves to establish a solid foundation for the project by building a clear understanding of prior work, existing conditions, and relevant background information. This process helps ensure continuity with past efforts, prevents duplication, and identifies opportunities to leverage previous findings. It also supports alignment with current project goals and regulatory requirements by highlighting key insights, unresolved issues, and data gaps. Ultimately, the document review enables informed decision-making and contributes to a more efficient and focused project approach by summarizing critical information and recommending areas for further investigation.

Approach
The approach to reviewing available documents begins with collecting and organizing all relevant materials to ensure a comprehensive understanding of past efforts, planning frameworks, and policy directions. Each document—such as the 2024 Road Safety Audit Report, Caltrans Sustainable Grant Application, Vision Zero Action Plan, and the City of South Lake Tahoe General Plan—will be thoroughly examined to extract key findings, identify recurring themes, and highlight any data gaps or inconsistencies. The review will focus on understanding the context, goals, and recommendations of each document, as well as their implications for the current study.

Insights gained will be synthesized into a document review memorandum that summarizes critical information, flags areas requiring further investigation, and provides recommendations for how these findings should inform the project’s direction. This process ensures that the study builds upon existing knowledge, aligns with regional and local priorities, and avoids duplication of previous work. The review will focus on understanding the context, goals, and recommendations of each document, as well as their implications for the current study. Insights gained will be synthesized into a document review memorandum that summarizes critical information, flags areas requiring further investigation, and provides recommendations for how these findings should inform the project’s direction. This process ensures that the study builds upon existing knowledge, aligns with regional and local priorities, and avoids duplication of previous work.

Deliverables:
• Draft and final document review memorandum.

Task 2 – Kick-Off Meeting
Objectives
The objective of the Kick-Off Meeting is to formally initiate the project by establishing a shared understanding of its goals, scope, and expectations among CDM Smith and the City of South Lake Tahoe’s Public Works and City Manager’s staff. This meeting is intended to align all parties on the project’s purpose, confirm the roles and responsibilities of the project team, and ensure clarity on the composition and function of the Steering Committee.

It also aims to review the public outreach strategy, project schedule, and deliverables to ensure that all stakeholders are informed and prepared for the next phases of work.

Approach
CDM Smith will coordinate and lead a project kick-off meeting with City staff. During the meeting, CDM Smith will present an overview of the project goals and scope, facilitate a discussion on the formation and responsibilities of the Steering Committee, and outline the proposed approach to public outreach and stakeholder engagement. The project schedule will be reviewed in detail, including key milestones and deliverable timelines, to ensure alignment and identify any early adjustments needed. CDM Smith will also confirm communication protocols and expectations for collaboration throughout the project. Following the meeting, CDM Smith will prepare and submit detailed meeting notes to the City within one week, summarizing key discussion points, decisions made, and any action items identified.
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Deliverables:
• Coordinate, schedule, prepare for and facilitate one (1) in-person Kick-Off Meeting with Public Works and City Manager’s staff.
• Agendas and meeting notes will be prepared for the meetings identified above. Draft agendas will be distributed one week prior to the meeting and meeting notes will be distributed within one week of the meeting.
• Meeting exhibits and materials will be prepared for the meetings identified above.

Task 3 – Coordination Meetings
Objectives
To establish a consistent and transparent communication channel between the CDM Smith team and City of South Lake Tahoe staff. These meetings are intended to ensure alignment on project goals, deliverables, and timelines, while also facilitating collaborative decision-making and timely feedback on technical findings and community engagement strategies. The meetings will support coordination with regional partners and stakeholders, including Caltrans District 3, the Tahoe Regional Planning Agency (TRPA), the Tahoe Transportation District (TTD), and El Dorado County, to ensure that all project activities are integrated with broader regional planning efforts. A key component of this task is to maintain a clear and accessible record of discussions, decisions, and action items through timely and accurate documentation.

Approach
CDM Smith will organize and facilitate bi-weekly virtual coordination meetings with designated City staff throughout the duration of the project. Each meeting will follow a structured agenda that includes updates on project milestones, technical progress, community engagement activities, and upcoming deliverables. Agendas will be prepared and distributed at least 48 hours in advance to ensure focused and productive discussions. Following each meeting, CDM Smith will prepare detailed meeting notes summarizing key discussion points, decisions made, and action items, including responsible parties and deadlines. These notes will be submitted to the City within one week of each meeting and stored in a shared project repository for easy access and reference. CDM Smith will also track action items and follow up on outstanding issues in subsequent meetings to ensure accountability and continued progress. Additionally, these coordination meetings will serve as a forum to align on stakeholder engagement and public outreach strategies, ensuring that feedback is effectively integrated into the planning process.

Deliverables:
• Coordinate, schedule, prepare for and facilitate twenty-four (24) bi-weekly virtual Coordination Meetings with City staff.
• Agendas and meeting notes will be prepared for the meetings identified above. Draft agendas will be distributed one week prior to the meeting and meeting notes will be distributed within one week of the meeting.
• Meeting exhibits and materials will be prepared for the meetings identified above.

Task 4 – Steering Committee Meetings
Objectives
The objective of this task is to establish a structured and collaborative forum for guiding the project through key milestones and decision points. The Steering Committee will serve as a strategic advisory body composed of representatives from public agencies (including Caltrans), private sector stakeholders, and community partners.

Caltrans District 3, NDOT, the Tahoe Regional Planning Agency (TRPA), El Dorado County, Douglas County, TTD, 362

Lake Tahoe Bicycle Coalition (LTBC), Vail Resort and the Chamber of Commerce have been preliminary identified as potential Steering Committee members. These meetings will ensure that the project remains aligned with regional goals, incorporates diverse perspectives, and benefits from early input on technical direction, outreach strategies, and implementation pathways. The Committee will also help identify opportunities for innovation, funding, and coordination with parallel efforts in the region.

Approach
CDM Smith will organize and facilitate four in-person Steering Committee meetings, scheduled quarterly throughout the project. These meetings will be designed to foster meaningful dialogue, review project progress, and solicit feedback on key deliverables and decision points. CDM Smith will develop tailored agendas and presentation materials for each meeting, ensuring that content is accessible and actionable for a diverse group of stakeholders.

To support transparency and continuity, CDM Smith will prepare detailed meeting notes summarizing discussion points, decisions, and action items. These notes will be submitted to the City and Committee members within one week of each meeting.

To further distinguish the project, CDM Smith will leverage its exclusive access to gondola planning experts and multimodal integration specialists to present forward-thinking concepts and facilitate technical discussions that set this effort apart from conventional corridor studies.

Deliverables:
• Coordinate, schedule, prepare for and facilitate four (4) quarterly in-person Steering Committee.

Meetings with key stakeholders.
• Agendas and meeting notes will be prepared for the meetings identified above. Draft agendas will be distributed two days prior to the meeting and meeting notes will be distributed within one week of the meeting.
• Meeting exhibits and materials will be prepared for the meetings identified above.

Task 5 – Public Meetings
Objectives
The objective of this task is to engage the South Lake Tahoe community, the Planning Commission, and City Council in the planning process by providing opportunities for public input and feedback on the project. These meetings are intended to ensure that community perspectives are meaningfully incorporated into the development of the Multimodal Mainstreet Corridor Plan. The goal is to foster transparency, build public trust, and gather valuable insights that will inform the refinement of the draft report and ultimately shape the final recommendations.

Approach
The CDM Smith team, supported by Alta, will work with the City to organize and conduct two hybrid public meetings along the project corridor during two distinct phases of engagement: Phase 1 (Listen & Learn) and Phase 2 (Project Refinement). The strategies used during each phase will be tailored to help achieve the desired input.

During the first phase, Our team will focus on gathering input regarding options for corridor management, traffic calming measures, and transit service enhancements using interactive materials to gauge the community’s preference for a variety of project elements. Each public meeting will include an option for virtual participation and Spanish translation.

To ensure an inclusive and unbiased engagement process, the CDM Smith team will present the City with a range of facilitation tools for gathering participant input during public meetings. These options may include interactive 363

digital platforms such as Slido, traditional dot-mocracy (dot voting), and other visual or electronic polling methods.

For each tool, the CDM Smith team will provide a summary of the pros and cons, including considerations such as ease of use, accessibility, anonymity, and potential for groupthink. Based on the meeting format, audience composition, and desired outcomes, the CDM Smith team will recommend the most appropriate tool to encourage independent responses and minimize the influence of group dynamics. This approach will help ensure that feedback reflects the authentic perspectives of individual participants and supports a more representative and equitable planning process.

During the second phase of engagement, our team will present the draft concepts based on the community’s input from Phase 1. This phase will provide the community with an opportunity to refine the proposed project to ensure that it addresses community needs. We will also endeavor to meet people where they are during each phase of engagement by using pop-up informational booths at existing community events. This strategy, in concert with existing engagement platforms from the City, will help to provide multiple avenues for the community to engage with the project and provide their input. Alta will develop materials for project pop-up events (project informational flyer and up to five presentation boards) and attend three pop-ups during the first phase and three pop-ups during the second phase of engagement (total of six pop-up meetings). All materials for pop-up events will be provided in both English and Spanish and Alta will provide two staff members for each event including staff who speak Spanish for easy interpretation of community comments and input.

In addition to the public meetings, CDM Smith will attend one in-person City Council meeting and one virtual Planning Commission meeting to present the draft report and receive input from both Council members and the public. If a second City Council meeting is needed, CDM Smith will participate virtually. All comments and feedback received during these meetings will be documented and thoughtfully incorporated into the final report, as appropriate, to ensure the plan reflects the community’s needs and priorities.

Deliverables:
• Presentations, public outreach materials (e.g. letters, notices, exhibits, and other project communications from the City to the public), sign-in sheets, renderings, plan sheets, materials samples, and other materials will be provided as appropriate for two (2) public meetings. • Prepare for and present at one (1) in-person City Council Meeting to receive input on the draft report from the public and Council members (including virtual attendance at a second City Council meeting if necessary),.
• Prepare for and present at one (1) virtual Planning Commission Meeting to receive input on the draft report from the public and Commissioners.
• Agendas and meeting notes will be prepared for the meetings identified above. Draft agendas will be distributed one week prior to the meeting and meeting notes will be distributed within one week of the meeting.
• Meeting exhibits and materials will be prepared for the meetings identified above.

Task 6 – Public/Stakeholders Survey
Objectives
The objective of this task is to gather meaningful input from the public and key stakeholders regarding corridor management strategies, traffic calming measures, and transit service enhancements. The survey will serve as a tool to ensure that community perspectives are incorporated into the planning process and that the final recommendations reflect the needs and priorities of South Lake Tahoe residents, businesses, and regional partners. This task also aims to support transparency and inclusivity by offering a convenient and accessible platform for public participation.
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Approach
Alta will develop two project surveys aligned with each phase of public engagement to gather input from community members at their convenience. These surveys will be created using Qualtrics, a robust online survey platform known for its flexibility in survey design, user verification options, and streamlined data reporting capabilities. Qualtrics allows for secure and customizable survey distribution, making it ideal for collecting structured feedback from a broad audience. Once the survey is completed, users will be able to use a mapping function to identify specific areas of concern or for specific improvements. All surveys will be offered in both English and Spanish to maximize accessibility. Upon completion of each survey, Alta will prepare a concise summary memo highlighting key takeaways and insights gathered from the responses.

Deliverables:
• Two (2) project surveys, questionnaires and associated materials will be provided. • One (1) final survey summary memorandum.

Task 7 - Evaluation of Alternatives
Objectives:

The evaluation of alternatives aims to ensure that the corridor study identifies the most effective, practical, and context-sensitive solutions to meet the project’s goals. This process involves a comprehensive assessment of traffic calming strategies, mobility enhancements, and transit options to address current and projected needs. Key objectives include improving safety, reducing congestion, enhancing multimodal access, and supporting sustainable transportation choices. By analyzing the effectiveness, feasibility, and cost implications of each alternative, the study can refine recommendations that align with technical constraints, community priorities, regulatory requirements, and funding opportunities. This reevaluation also helps confirm that proposed solutions remain responsive to evolving conditions and stakeholder input, ultimately guiding the selection of preferred alternatives for implementation. The team’s approach will review and build upon previous studies and plans completed by South Lake Tahoe, Caltrans, TRPA and El Dorado County and reviewed as part of Task 1 to help develop the study purpose and need.

Approach:

To guide the development of project alternatives for the US 50/SR 89 corridor, the CDM Smith team will begin by evaluating traffic calming, mobility, and transit strategies both as individual distinct categories as well as complementary solutions. Each will be assessed independently to identify context-sensitive solutions that address specific corridor needs. For example, traffic calming alternatives may include speed reduction measures, intersection treatments, and road diets; mobility options may focus on pedestrian and bicycle infrastructure and connectivity; and transit alternatives may explore enhancements such as shuttle service, BAT lanes, or aerial gondola systems. Additional consideration will be given for complementary strategies, for example, pedestrian infrastructure that facilities improved transit service. Each set of alternatives will be evaluated using consistent criteria, including safety performance, multimodal access, cost-effectiveness, implementation feasibility, environmental impact, and alignment with community goals. CDM Smith’s approach to alternatives evaluation is grounded in our successful delivery of similar corridor studies, such as the Central Avenue Safety Improvement Project and Pioneer Trail Pedestrian Improvements in South Lake Tahoe. These projects involved challenges that were similar to those of the US 50/SR 89 corridor, including constrained rights-of-way, seasonal population surges, and sensitive environmental conditions. Our team’s ability to execute a consensus-driven process on these previous efforts will ensure practical, context-specific solutions.

Following the independent evaluations, the CDM Smith team will synthesize the most promising elements from each category into a series of comprehensive corridor alternatives. These integrated alternatives will represent different combinations of traffic calming, mobility, and transit improvements, allowing the City and stakeholders to compare holistic solutions rather than isolated interventions. This approach reflects CDM Smith’s Complete 365

Corridors philosophy, which emphasizes designing corridors that serve all users—pedestrians, cyclists, transit riders, and drivers—safely and efficiently. While the goal is to accommodate all users, the team will also identify what is feasible and what is not, based on physical constraints, right-of-way limitations, and environmental sensitivities. Where full accommodation is not possible, the team will recommend design trade-offs that prioritize safety and equity.

To achieve lower operating speeds throughout the corridor, CDM Smith will explore a combination of design-based strategies (e.g., narrower lanes, visual friction, raised crossings), policy tools (e.g., speed limit adjustments), and operational measures (e.g., signal coordination for slower speeds). These strategies will be tailored to the corridor’s context and supported by community input, with the goal of creating a safer, more comfortable environment for all users while maintaining corridor functionality. To ensure a comprehensive evaluation that aligns with community goals, CDM Smith will apply a stakeholder-informed set of recommendations, similar to the one used in the Transportation Choices Plan in Alameda. This will allow the public and Steering Committee to help define and apply evaluation criteria, ensuring that the preferred alternative reflects shared values and priorities.

Task 7.1 – Traffic Calming Options
In 2024, a Road Safety Audit Report identified practical strategies to address vehicular speeds and congestion along the US 50/SR 89 corridor. It was conducted following Caltrans’s recognition that drivers consistently exceeded speed limits along the corridor. Rather than raise the limits, the community sought methods for calming traffic. This analysis will consider the City’s vision of transforming the corridor into a “Main Street” environment while maintaining its function as a regional travel route.

The audit focused on three segments, as follows, with recommendations for short- (1-2 years), mid- (3-5 years), and long-term (up to 10 years) solutions for each segment:

Segment 1: Emerald Bay Road, Lisa Maloff Way to Lake Tahoe Blvd.

Segment 2: Lake Tahoe Boulevard, Emerald Bay Road to Blue Lake Avenue Segment 3: Emerald Bay Road, Lake Tahoe Boulevard to West Way (city limits) The team will evaluate the proposed mid- and long-term recommendations proposed with a goal of calming traffic.

This includes pedestrian and bicycle safety enhancements such as high-visibility crosswalks and pedestrian refuge islands at key intersections, protected bike lanes or buffered bike lanes where feasible, and improved lighting at crossings and along sidewalks to enhance nighttime visibility. These pedestrian and bicycle improvement will be evaluated along with recommendations for intersection design along the corridor to reduce conflict points between vehicles and non-motorized users, including the feasibility of roundabouts or signal timing adjustments to improve safety and traffic flow. Our evaluation will consider the potential safety improvements as well as the traffic impacts to all modes. Other potential improvements include access management through limiting the number of driveways and uncontrolled access points along the corridor and/or the consolidate or relocate driveways where possible to reduce turning conflicts. Finally, we will also integrate the analysis of this task with our Task 7.3 evaluation, during which we will consider transit and multimodal optimization, including the relocation of bus stops and other amenities that support transit use to ensure that transit and pedestrian infrastructure is safe, accessible, and welcoming.

Task 7.2 – Mobility Options
The team will utilize planning documents from the TRPA and the City of South Lake Tahoe to reference locally collected pedestrian and bicycle volume data. To supplement gaps in coverage, we will incorporate Caltrans’ exposure models and SafeTREC methodologies for estimating volumes, and coordinate with the Lake Tahoe Bicycle Coalition (LTBC) and Tahoe Area Mountain Biking Association (TAMBA) to access community-collected counts and observational data.

The team will evaluate the current volumes of pedestrians, bicyclists, scooters, and other active transportation modes along the corridor to gauge how well the current facilities function in various sections of the corridor and 366

identify segments which do not meet current standards for safety and comfort based on the most up to date state and national guidance. This may include applying concepts from the Shared-Use Path Level of Service calculator (FHWA) to identify areas of the existing path that may need widening to comfortably accommodate current volumes. Speed and the impact on the comfort/use of the shared use path due to the emergence of e-bikes and escooters will also be considered. The analysis will also consider the impact of emerging micromobility modes such as e-bikes and e-scooters on user comfort and safety, particularly in constrained right-of-way conditions. With consideration for the existing infrastructure, the team will evaluate a range of mobility solutions including protected bike lanes, shared-use paths, enhanced pedestrian crossings, and ADA-compliant upgrades beyond those that were identified in the 2024 Road Safety Audit. These alternatives will be reviewed for their feasibility, safety benefits, and compatibility with the corridor’s multimodal goals. Public and stakeholder input will be actively incorporated to ensure that the proposed improvements reflect community priorities and support the City’s vision of a safe, accessible, and vibrant “Main Street” corridor. Recommendations will be supported by conceptual layouts, cost estimates, and implementation strategies tailored to the corridor’s unique constraints and opportunities.

Task 7.3 – Transit Options

7.3.1 – Surface Transit
The team will consider potential options including high-frequency shuttle services, Business Access Transit (BAT) lanes, a gondola system, and the construction of a Mobility Hub. These alternatives will be assessed independently as well as part of a package of complimentary solutions. Each of these options will aim to reduce congestion and VMT between key destinations such as the Airport, the “Y,” Heavenly, and Stateline.

The team will evaluate options for high-frequency shuttle services and assess them for their ability to provide reliable, convenient, and cost-effective transit along the corridor. Other evaluation considerations will include potential routes, stop locations, service frequency, and integration with existing transit systems with a focus on connecting key destinations mentioned above and any designated Mobility Hub.

To facilitate improved transit service, the study will also examine the feasibility of implementing Business Access Transit (BAT) lanes (i.e. semi-dedicated lanes for buses and right-turning vehicles) to improve transit travel times and reliability. This will include a review of corridor geometry, traffic volumes, and operational impacts, as well as coordination with Caltrans and local agencies.

7.3.2 – Aerial Transit
As part of the team’s approach, ECO-Transit (ECO), an aerial cableway specialist and subconsultant to the CDM Smith study team, will provide high-level cableway technical input and data to the study team for the gondola component of the Study. Our approach will be based on ECO’s considerable cableway industry experience and numerous similar domestic and international aerial gondola studies. ECO will examine gondola technology alternatives and ROW alignment alternatives for the SLT transit corridor. The routes and facilities to be evaluated are:
• Connecting the SLT Airport to the “50 / 89 Y” area, and on to the Heavenly Valley gondola base, with intermediate stops to be determined along the Corridor. • Gondola integration with a Multimodal Hub to be located at the Airport or at the “Y”.

ECO will review prior planning documents, applicable federal and state regulations (e.g., ANSI B77.1, ADA, CA-DIS), and local environmental conditions. ECO will participate in limited site visits and stakeholder meetings to define project goals and technical parameters.

The team will evaluate applicable urban cableway technologies , assess cabin types and features, and recommend the most suitable system based on capacity, speed, environmental constraints, and user experience. Route alignment alternatives will be analyzed using tools like Google Earth, considering right-of-way, required clearances, viewshed, and integration with existing transit.
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ECO will also develop preliminary technical specifications, layout concepts for terminals and towers, and assess system components such as drives, tensioning, and control systems. Recommendations will include preferred technology, alignment, phasing, and ROM (rough order of magnitude) cost estimates for capital, operations, and maintenance.

7.3.3 – Mobility Hub
Shuttle service, BAT lane, and gondola transit options will also provide additional consideration for integration with a Mobility Hub, potentially located at the “Y.” Based on our team’s previous experience developing Mobility Hub concepts, we will provide more detailed input on the location and amenities based on national best practices and prior experience through a collaborative internal process.

Each alternative will be evaluated using criteria such as effectiveness, feasibility, cost, environmental impact, and alignment with community and agency priorities. Findings will be summarized in a comparative format to support transparent decision-making and guide the selection of preferred solutions.

Deliverables:
• Alternatives Evaluation Matrix: A comparative matrix summarizing each alternative’s performance against evaluation criteria such as safety, mobility, cost, feasibility, environmental impact, and alignment with community goals.

Task 8 -Recommendations for Next Steps
Objectives:

The objective of this task is to provide the City with a clear, actionable roadmap for advancing the most feasible and effective alternatives identified through the corridor study. This includes developing planning-level cost estimates for each recommended alternative and outlining the steps required to move them forward through design, environmental clearance, and implementation. The task also aims to identify potential funding sources— such as state and federal grant programs—that align with the project’s goals and timeline. By defining next-step milestones, including 30% concept design, environmental documentation and 60% design, 100% PS&E, and construction readiness, the recommendations will help the City prioritize investments, pursue funding opportunities, and maintain project momentum. Ultimately, this task ensures that the study’s outcomes are not only visionary but also grounded in a realistic path toward implementation.

Approach:

To support the City in advancing the most promising alternatives, the team will develop a set of actionable next steps grounded in technical feasibility, cost-effectiveness, and funding potential. This task will begin with the preparation of planning-level cost estimates for each recommended alternative, including capital and operational costs where applicable. These estimates will be based on conceptual designs and industry-standard unit costs, tailored to the corridor’s context.

The team will then outline a phased implementation strategy, identifying key milestones such as 30% concept design, environmental documentation and selection of a preferred alternative, 60% design development, and preparation of 100% PS&E (Plans, Specifications, and Estimates) for shovel-ready construction. Each phase will include a description of required activities, anticipated timelines, and coordination needs.

In parallel, the team will research and recommend potential grant funding sources that align with the project’s scope and objectives. This will include local, state, and federal programs—such as Caltrans Sustainable Transportation Planning Grants, Active Transportation Program (ATP), and Federal Transit Administration (FTA) funding streams—along with guidance on eligibility, application timing, and strategic positioning.

Deliverables:
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• Preliminary Cost Estimates:
o Planning-level cost estimates for each alternative or package of improvements, including capital and operational costs.
• Implementation Roadmap: A phased outline of next steps, including milestones such as:
o 30% Concept Design
o Environmental Documentation and Preferred Alternative Selection o 60% Design Development
o 100% PS&E (Plans, Specifications, and Estimates)
o Construction and Implementation
• Funding Strategy Memo:
o A summary of applicable local, state, and federal grant opportunities (e.g., ATP, Caltrans Sustainable Transportation Planning, FTA programs), including eligibility criteria, deadlines, and strategic recommendations for positioning the project. • Recommended Alternatives Summary:
o A narrative and/or graphic summary of the preferred alternatives, including rationale for selection, implementation considerations, and alignment with corridor goals. • Next Steps Presentation Materials:
o Slide deck and summary handouts for use in briefings with City Council, stakeholders, or funding agencies.

Task 9 – Draft and Final Report
Objectives:

The objective of this task is to synthesize the findings, analyses, and recommendations from all previous tasks into a clear, comprehensive, and actionable report that meets both the City’s needs and Caltrans Sustainable Transportation Grant requirements. The Draft Report will consolidate the evaluation of alternatives, community and stakeholder input, survey results, and technical analyses into a structured document that presents feasible options and recommended next steps. It will serve as the foundation for decision-making by City staff, Council, and funding agencies. Following review and feedback from the City and Caltrans, the Final Report will incorporate all comments and revisions to ensure clarity, completeness, and compliance with grant expectations. The final deliverable will be formatted for both digital and print distribution and will serve as a guiding document for advancing the corridor study into future phases of design, environmental review, and implementation.

Approach:

The team will prepare a comprehensive Draft Report that synthesizes the findings, analyses, and recommendations from all previous tasks, including the evaluation of alternatives, community and stakeholder input, survey results, and technical assessments. The report will be structured to clearly present the study’s purpose, methodology, key findings, and recommended next steps, with supporting graphics, maps, and tables to enhance clarity and accessibility.

The Draft Report will be submitted to City staff and Caltrans for review. The Consultant will facilitate a review process that includes collecting and addressing comments from City departments, Council members, and Caltrans representatives. Based on this feedback, the Consultant will revise the document and prepare a Final Report that reflects all required edits and satisfies the objectives outlined in the Caltrans Sustainable Transportation Planning Grant guidelines.
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Both the Draft and Final Reports will be delivered in electronic format and as three hard copies each, formatted for public distribution and future use in funding applications, environmental documentation, and design development.

The Final Report will serve as the official record of the corridor study and a roadmap for implementation.

Deliverables:
• Draft Corridor Study Report
o A comprehensive draft document summarizing all tasks, findings, alternatives analysis, community input, and recommended next steps. The draft will be formatted to meet Caltrans Sustainable Transportation Planning Grant requirements and submitted in both digital and hard copy formats (3 printed copies).
• Final Corridor Study Report
o A revised version of the draft report incorporating feedback from City staff, City Council, and Caltrans. The final report will reflect all required edits and be submitted in both an electronic format and three hard copies.
• Comment Log and Response Matrix
o A table documenting all comments received on the Draft Report from City staff, Council, and Caltrans, along with responses and how each comment was addressed in the Final Report.

Task 10 – Project Management and Coordination
Objectives
A proactive approach to project management is needed on this project including a clear definition of activities and responsibilities; clear lines of communication; effective quality assurance/quality control (QA/QC) procedures; direct access to resources and professional staff; and rapid, effective implementation and control of work assignments. Project success will require coordination with City staff and the management of a talented and multidisciplinary team. Timely and accurate invoices with progress reports are required to track progress and costs incurred. Changes in conditions that may result in impacts to the project budget or schedule must be reported immediately upon identification so that corrective actions may be made in a timely manner.

Approach
CDM Smith will perform necessary project management including coordination with City staff to obtain required information and communicate any problems or unanticipated conditions. The CDM Smith Project Manager will serve as the primary point of contact throughout the project and will be responsible for communications and for identifying and providing the necessary staffing and other resources to complete the work.

CDM Smith will implement an effective quality assurance program for the project with pre-defined QA/QC milestones and schedules for completion that includes:
• Internal Checking. Calculations, drawings and maps, and written text will be checked prior to submittal by the Project Manager and project team.
• Project Reviews. The project progress and quality are reviewed monthly by the Project Manager to identify early signs of potential problems and identify corrective actions. • Specialist Reviews. Senior technical specialists are assigned on a deliverable specific basis to provide review of work products prior to delivery.

Deliverables:
• Monthly invoices with progress reports.
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
Total Not to Exceed: $474,946.27
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EXHIBIT C

REQUIRED FORMS
Exhibit C-1 Disclosure of Lobbying Activity
Exhibit C-2 Debarment and Suspension
Exhibit C-3 DBE Commitment Form
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Local Assistance Procedures Manual EXHBIT C-1
Disclosure of Lobbying Activities

EXHIBIT E DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

LPP 13-01 May 8, 2013
Not Applicable 375
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EXHIBIT C-2

DEBARMENT AND SUSPENSION CERTIFICATION
Debarment and Suspension Certification
The undersigned (authorized official signing for the Bidder) hereby declares under penalty of perjury the following:

1. In accordance with section 6109 of the Public Contract Code, the bidder declares that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to section 1771.1 or section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to Owner. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.

2. In accordance with section 10162 of the Public Contract Code, has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

3. In accordance with section 10232 of the Public Contract Code, has more than one final, unappealable finding of contempt of a court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board? For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

X
X
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4. In accordance with section 10285.1 of the Public Contract Code, the Bidder declares that neither the Bidder nor any subcontractor to be engaged by the Bidder has been convicted of any of the offenses referred to in this section within the preceding three (3) years.

These offenses include if that Bidder or any subcontractor to be engaged by the Bidder, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this certification, The City of South Lake Tahoe.

5. Certification Regarding Debarment and Suspension
The undersigned (authorized official signing for _____________________________) certifies to the best of his or her knowledge and belief, that the _______________________, defined as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:

A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
D. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

By my signature which is placed below on behalf of the named Bidder, I certify, under penalty of perjury under the laws of the State of California, that I am an officer, principal or owner of the Bidder, and that the foregoing questionnaire, and all certifications and statements therein, are accurate, true and correct.

Date: ____________ Bidder’s Signature: ____________________________________ Bidder’s Name and Title (Print): __________________________ CDM Smith Inc.

CDM Smith Inc.

September 2, 2025 William E. Hurrell, Principal
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Local Assistance Procedures Manual Exhibit C-3
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 

7. Description of Work, Service, or Materials
Supplied

8. DBE
Certification
Number
Local Agency to Complete this Section

17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

20. 21. Local Agency Representative's Signature 22. Date

23. Local Agency Representative's Name 24. Phone

25. Local Agency Representative's Title
Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

9. DBE Contact Information

11. TOTAL CLAIMED DBE PARTICIPATION

10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

12. Preparer's Signature 13. Date

14. Preparer's Name 15. Phone

16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

LPP 18-01 Page 1 of 2
January 2019
378
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 23,
2025
Agenda Item #:9
Agenda Item: Agreement with Engineering Solution Services for Grant Identification and Writing Services
Executive Summary: The City is seeking professional support to secure grant funding for major public improvement projects, including roads, buildings, drainage, and transportation. Engineering Solutions Services was selected due to their strong track record and expertise in grant writing. A $95,000 contract is recommended to help the City apply for and receive funding to support its Capital Improvement Program.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Professional Services Agreement with Engineering Solution Services for Grant Identification and Writing Services for a not to exceed amount of $95,000.

Responsible Staff Member: John Dickinson, Interim Public Works Director Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report - Grant Writing Servcies.docx
02-PSA - Grant Writing Services - ESS.pdf
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Council Agenda Report September 23, 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 23, 2025
Title: Agreement with Engineering Solution Services for Grant Identification and Writing Services
Project Location: Citywide
Responsible Staff Member: John Dickison, Interim Director of Public Works, and Emily Dougherty, Associate Transportation Planner
Background: The city has over $340 million in Capital Improvement Projects (CIP), of which a significant level of work is currently unfunded.

On April 15, 2025, the City issued a Request for Proposals to retain a highly qualified firm to assist the City in identifying and applying for appropriate grants to close the funding gap for the CIP projects. The city specifically requested qualified firms to submit proposals for the following four categories:
 Building and Facilities. The city maintains over 43 buildings and structures. Recently, the City has completed three studies: a Facilities Assessment Study, an Ice Arena Conditions Assessment Study, and an ADA Transition Plan. The combination of these studies has identified over $60 million in structural or other upgrades to City facilities.  Active Transportation Systems Design and Construction. The city maintains 3.9 miles of Class I and 7.5 miles of Class II bicycle paths. In addition, there are 13.7 miles of sidewalks in the city. The city plans to upgrade some paths to meet the ADA Transition Plan and maintain the existing system. In addition to these maintenance-related projects, the city has goals of extending the existing network. One such Project is the Dennis Machida Greenway Phase 1C project. The city wishes to identify grant opportunities for final design and construction. The estimated design and construction of Phase 1 C is approximately $10 million.  Drainage Upgrades and Flood Management/Mitigation Projects. The City of South Lake Tahoe was built without a complete drainage system, routine localized flooding, or other nuisances. In addition, numerous or near-failures of corrugated metal pipes (CM) have reached the end of life. There are several significant initiatives to address drainage upgrades and flood mitigation issues. The city has completed a final design for several projects, including the Ruby Way Drainage Upgrade Project, the Upper Bijou Creek Flood Mitigation Program, and the Pipe replacement study.
 Roadway Upgrade and Complete Street Program Projects. The city completed the Sierra Boulevard Complete Streets Project, which includes roadway upgrades, additional bicycle and pedestrian facilities, and drainage upgrades. The Sierra Complete Streets Project was very successful, and the City plans to implement similar projects in the future. The City is evaluating 380
Council Agenda Report September 23, 2025 Page 2 of 2
Complete Street concepts for Stateline, Lakeshore Blvd, and Johnson Blvd. The cost for the design and construction of these projects ranges between $5 and $15 million each. Speeding in residential neighborhoods.

Issue and Discussion: Last year, the City Council appropriated $100,000 for grant writing services to identify appropriate grant opportunities for one or all four categories listed above.

The city released a Request for Proposal (RFP) to the public on March 13, 2025. 912 vendors were notified. A pre-proposal meeting was held on March 25, 2025. On April 15, 2025, the City received 13 proposals.

The Proposal was evaluated by the evaluation team members, including the Public Works, City Manager’s Office, and Finance departments. Each team member evaluated and then numerically scored each proposal based on the criteria outlined in the RFP. The following table is the panel's final ranking.

Engineering Solutions Services (ESS) was ranked #1, scoring 96 points. ESS is based in California and provides grant funding, which is the only service it offers. It has a 95% success rate in grant funding applications.

Financial Implications: The recommended contract amount with ESS is for a not to exceed amount of $95,000. Funding for the project has been allocated in 24/25 budget cycle in the Engineering division account 100-03210-42025.

Environmental Considerations: This action is statutorily exempt under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15262 (Feasibility and Planning Studies).

Policy Implications: These services will provide funding for an essential part of the Capital Improvement Program delivery and City’s Strategic Plan. 381

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 23rd September 2025, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Engineering Solutions Services (Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until December 31, 2026. 382

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, and overtime exceed $95,000 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. Separate invoices shall be submitted for each project, including authorized overtime services.

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. 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 383
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or 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 384
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

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

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

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
385
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. The Consultant shall pay all penalties and wages as required by law, if these requirements are not met.

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 386
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
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 387
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.
388
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
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. 389
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
If to Consultant:

City of South Lake Tahoe 1901
Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
Engineering Solutions Services
Sudi Shoja, P.E.
23232 Peralta Drive, Suite 112
Lagua Hills, CA 92653

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 390
subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
391

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 workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

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

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 392

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.
393
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: Engineering Solutions Services By___________________________ By ________________________________ Tamara Wallace, Mayor Sudi Shoja, P.E.

Principal
Date __________________________ Date _____________________________ Business License XXXXX
APPROVED AS TO FORM:

By____________________________ Date ________________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Certificate of Insurance
394

EXHIBIT A

SCOPE OF SERVICES
395
City of South Lake Tahoe
Proposal for
Grant Writing Services for Capital Improvement Projects April 15, 2025
Submitted By:

Engineering Solutions Services
23232 Peralta Drive, Suite112
Laguna Hills, CA 92653
(949) 797-6055
396
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 1 COVER LETTER
Anush Nejad, Director of Public Works
City of South Lake Tahoe April 15, 2025
1740 D. Street
South Lake Tahoe, CA 96150
Re: Proposal to Provide Grant Writing Services for Capital Improvement Projects Dear Mr. Nejad,
Engineering Solutions Services (ESS) welcomes the opportunity to provide grant writing services for the City of South Lake Tahoe (the City). Our goal is to bring in the maximum available grant funding for the City. Having secured more than $837 million in the past twelve years in a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan and prepare winning applications to ensure an expedited and successful funding award.

What sets ESS apart is that we are not just a funding company but former City Engineers/Public Works Directors with technical and funding expertise that have earned deep-rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards for projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients. In addition, ESS team is comprised of a diverse collection of technical experts in Transportation, Federal Emergency Management Agency (FEMA), Climate Change, building facilities and sustainability, and alternative energy solutions.

We are aware of the City’s focus on the Building and Facilities, Active Transportation Systems, Drainage/Flood Management, and Roadway/Complete Street Projects identified in the Request for Proposals (RFP). Additionally, ESS has reviewed the City’s Capital Improvement Program, Environmental Improvement Program, and Stormwater Management Program. As is demonstrated in our proposal, we have a proven track record in successful award of grants for the classifications of projects the City is prioritizing to ensure its infrastructure best serves its residents. We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. Effective, full-circle strategies like these are key to obtaining the most possible grant award funding for the City’s projects.

I will serve as the program manager for this contract, and as the Principal of ESS, I am fully authorized to legally bind ESS in agreements with the City of South Lake Tahoe. All contents of this proposal will remain valid for 120 calendar days from the RFP due date. We acknowledge the receipt of Addendum 1 and the Q&A responses. I can be reached at (949) 637-1405 or via email at [email protected]. My project team and I look forward to working with you and all the City staff to develop a work plan that identifies grants that meet the short and long-term needs of the City and answering any questions you may have about our proposal.

Sincerely,
Sudi Shoja, PE, Principal
23232 Peralta Drive, Suite 112, Laguna Hills, CA 92653
397
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 2 Table of Contents
COVER LETTER................................................................................................................................................1 EXECUTIVE SUMMARY...................................................................................................................................3 COMPANY HISTORY, BACKGROUND, AND EXPERIENCE................................................................................5 PROJECT MANAGER AND TEAM MEMBERS ..................................................................................................7 SCOPE OF WORK/IMPLEMENTATION..........................................................................................................17 PROJECT BUDGET.........................................................................................................................................25 DESCRIPTION OF RECENT PROJECTS/REFERENCES .....................................................................................26 398
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 3 EXECUTIVE SUMMARY
We understand that the City is seeking a qualified firm to provide grant writing services for the projects identified in the RFP. ESS is a multi-disciplinary grant funding company comprised of technical experts and former agency personnel and therefore submits this proposal to offer services for all four categories of grant applications listed in the RFP.

ESS is an establishment of experienced staff members who not only possess technical expertise and understand comprehensive engineering but also have a solid foundation in the inner workings of the municipal process. We believe that successful projects are a result of a well managed and motivated team, committed to being accountable and sharing ownership of the product and service. For this reason, ESS is proposing its Principal Sudi Shoja, a former City Engineer who has more than 30 years of experience in managing Capital Improvement Programs (CIP) as the Project Manager. She is a highly qualified public works leader who has a reputation for establishment of effective and practical quality control measures within government agencies.

Our team is one of the leading consultants in preparation of successful grants for through Federal Emergency Management Agency (FEMA), California Governor’s Office of Emergency Services (CalOES), United States Department of Transportation (DOT), California Department of Transportation (Caltrans), Federal Transit Administration, Environmental Protection Agency (EPA), California Department of Parks and Recreation, and many other federal and state funding agencies. We also are experienced in securing Community Project Funds, also known as Congressionally Directed Spending (CDS) funds for projects, such as stormwater projects, rather than applying for funding under typical grant programs. ESS team members have diversified experiences that range from planning and design of active and motorized transportation projects to flood control, emergency preparedness and parks and recreation projects.

We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. ESS has been utilizing its established process and experienced staff to provide successful grant funding for similar agencies.

Engineering Solution Services fully understands the inner workings of the regional and municipal government process. Comprised of former government engineering and traffic managers, we have been confronted with many of the same design, budget, schedule, and project-delivery challenges that face our client governments. This understanding allows our people to think like public agencies and address the challenges they are facing with proactive, well-planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit the agency and scope of work. Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs.

The following is a summary of our understanding of the scope of work:

1. Kick-Off Meeting
• ESS will coordinate and arrange a kick-off meeting with the City Project Manager and appropriate ESS staff to review and discuss the scope, cost, and current status of the City’s priority projects 399
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 4 • ESS will present applicable funding opportunities based on preliminary research efforts and information provided in the RFP
• Goals, expectations, and roles will be defined during this meeting

2. Detailed Review of Grant Opportunities
• Conduct further funding research following kick-off meeting to identify grant resources including but not limited to federal, state, and local agencies, as well as private foundations that fund municipalities for opportunities that match the four categories in the RFP. • Research grant opportunities identified by the City
• Develop a detailed Funding Matrix that matches priority projects to programs where the project is eligible AND competitive. The matrix will provide information on a programs’ potential funding amounts, matching fund requirements, due dates, and key eligibility criteria. • Identify projects and analyze components that not only meet the funding requirements but are likely to rank high for award.
• Provide the City with a summary of potential funding opportunities on an on-going basis.

3. Coordination Meetings
• ESS will coordinate with the City’s Project Manager to set recurring monthly meetings where project status, open funding opportunities, and status of pending grant applications can be discussed. • ESS will prepare meeting minutes and submit to the City’s Project Manager within 7 days of each monthly meeting.

4. Preparation of Grant Applications
• Compose grant applications on behalf of the City as directed, including all technical sections, preparation of budget and schedule, preparation of exhibits such as graphs and schematics, coordination with the City staff and compiling demographic data and other necessary items for grant applications.
• Prepare support letters, resolutions and staff reports on an as-needed basis following the City’s preferred style.
• Develop timelines and checklists to ensure timely grant completion and submission. • Submit grant applications for review and comments by the City’s project management team. • Prepare Disadvantaged Community (DAC) related documentation using the required funding agency portals.
• Grant submission on behalf of the City

5. Optional Additional Services
• Grant Management and Administrative Services
• Provide design review and prepare specifications to meet the terms of grant agreement and guidelines.

Our Core Business is Funding
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 5 COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
Engineering Solutions Services (ESS) was founded by Sudi Shoja, PE, a former City Engineer who has more than 29 years of experience in managing Capital Improvement Programs (CIP) of over $100 million.

She founded ESS in 2012 with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality assurance/quality control, and project delivery.

ESS is certified as a Woman Business Enterprise (WBE), and Small Business Enterprise (SBE) with 12 employees at its Laguna Hills, CA office. All services provided under this contract will be based out of this office. What sets ESS apart is:
• ESS has a proven track record in successful award of over $837 million in a variety of federal, state, local, and private funding sources.
• Leading Consultant for preparation of grants for FEMA/CalOES funding including flooding, seismic retrofit, and sea level rise, projects. All of ESS applications in the last 7 years have been approved.
• Track record in submittal of successful grant applications to LPP, FHWA, DOT, ATP, SB1 and other transportation funding. • Successful award of Safety Action Plan for multiple clients. • Federal Highway Administration (FHWA) identified the ESS grant application as one of the best and posted the package on their website.
• Respecting City resources, ESS will provide a preliminary evaluation of the project ranking for award to help determine a go/no go decision on a grant pursuit
• Awarded $39.2 Million in greenhouse gas reduction funding. • Restructured a grant application to result in more than $5.1 million of grant funding for the City of Palm Springs
• Successful grant management for a $280 million project with 11 funding sources
ESS is comprised of technical experts and former agency personnel that assist in the grant writing process. Our team’s expertise has been recognized by the funding agency application review teams as most of our applications are approved with no questions. Our team has expertise in different branches of engineering which can also be used to ensure that technical documents meet the requirements needed to support the grant application packages.

ESS specializes in various funding resources, such as: FEMA Hazard Mitigation Grant Program (HMGP), FEMA Building Resilient Infrastructure and Communities (BRIC), FEMA Flood Mitigation Our Clients
Served as prime or sub-consultant
City of Sacramento
Turlock Irrigation District
Nevada County
Sonoma County
Contra Costa County
City of Petaluma
City of Fort Bragg
City of Belvedere
City of Richmond
South Coast Water District
Long Beach Water Department
Port of Long Beach
LA Metro
SBCTA
OCTA
Coachella Valley Water District
City of San Bernardino
City of Santa Ana
City of Laguna Beach
City of Palm Springs
County of Orange
City of San Marcos
Los Angeles Metro
City of Lake Forest
City of Laguna Woods
City of Villa Park
City of Laguna Niguel
City of Irvine
City of Tustin
City of Newport Beach
SOCWA
City of Redondo Beach
County of San Diego
City of Hemet
City of Palm Springs
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Grant Writing Services for Capital Improvement Projects 6 Assistance (FMA), SWRCB State Revolving Funds (SRF), Community Project Funds, SB 1 Local Partnership Program (LPP), SB 1 Local Streets and Roads Program (LSRP), Solutions for Congested Corridors Program (SCCP), Department of Transportation Safe Streets and Roads for All (SS4A), Department of Transportation Active Transportation Program (ATP), Better Utilizing Investments to Leverage Development (BUILD formerly referred to as “RAISE”) and Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation Program (PROTECT), Bridge Investment Program (BIP), environmental Transit and Intercity Rail Capital Program (TIRCP), Transportation Infrastructure Finance & Innovation Act (TIFIA), Highway Safety Improvement Program (HSIP), Rubberized Pavement Grant Program, California Department of Parks and Recreation Recreational Trails Program (RTP), Clean Transportation Funding through Mobile Source Air Pollution Reduction Review Committee (MSRC), Recreational Trails Program (RTP) non-motorized component, FTA New Start, Railroad Safety Infrastructure Improvement (FRA-RSII), Positive Train Control (PTC), Cap and Trade, Transportation community and System Preservation (TCSP), High Priority Projects (HPP), local tax measures, and numerous other grants
Our services include: Funding Strategy Development, Grant Research and Grant Writing Services Our areas of expertise include: Transportation, Infrastructure and Capital Projects, Water, Energy, Environment, and Natural Resources
We are committed to being accountable and sharing ownership of the product and service. We believe that successful projects are a result of a well-managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer accessibility to a network of experts to address unique needs.

We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience are important because document preparation will require a high level of interaction with the state project managers.

ESS is the right team to provide consulting services for identifying and securing grants, finalizing agreements and monitoring funding compliance.

We work as your partner, incorporating grant funding conversations in the process of each project as early as possible in order to maximize the potential for planning grant funding as well as implementation grand funding. Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team’s extensive experience and relationships with funding agencies, make this process easy.

Furthermore, ESS has deep-rooted connections with personnel from several State and Federal funding agencies which allows ESS to provide valuable information such as funding priorities to our clients. We have established relationships with the following agencies:
• DOT/Caltrans/FHWA • California Department of Water
Resources
We strive to exceed
expectations, not
just meet them.
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Grant Writing Services for Capital Improvement Projects 7 • FEMA/CA Office of Emergency Services
(CalOES) Pre-Disaster Mitigation and Hazard
Mitigation Planning
• Caltrans – various Districts
• State Water Resources Control Board
• US Department of Commerce - Economic
Development
• California Department of Parks and
Recreation
• CA Public Utilities Commission
• EPA
• US Energy Commission
• AQMD
• Various Conservancies and non-profit
advocacy organizations

PROJECT MANAGER AND TEAM MEMBERS
ESS will assign the staffing based on the requested project needs, grant funding source, and staff expertise and will receive the City’s approval before assigning work to individuals. Please see the Organization Chart below and resumes for key personnel proposed to provide the scope of services identified in the RFP. Sudi Shoja will serve as the Project Manager and point of contact for this contract.

Key Personnel:
• Sudi Shoja, PE, Project Manager
• Tamim Atayee, PE, Lead Infrastructure Technical Support • Carlos Pineda, PE, Lead Transportation Technical Support • Gary Sturdivan, Lead Emergency Preparedness Technical Support • Stanley Klemanowicz, Lead Sustainability Technical Support 403
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 8 • James Klueber, MS, Lead Grant Support
Sudi Shoja, PE, F.ASCE, Project Manager
Sudi brings more than 40 years of municipal engineering, grant and fund management experience. She has an extensive
experience in securing and managing various federal, state and local funds, gaining successful audits in all cases. She has been responsible for budgeting, scheduling and implementation of annual funds of over $100ML for various agencies. She has hands-on experience on meeting the funding agency
requirements and has developed close working relationships with FHWA and Caltrans Local Assistance Program staff in various districts.

Some of the transportation grants she has successfully secured are: Transit & Intercity Rail Program (TIRCP), Highway Safety Improvement Program (HSIP), Bicycle Transportation Account (BTA), Active Transportation Program (ATP), Recycled Asphalt Concrete (RAC), Highway Rail Crossing Safety Account (HRCSA) FTA New Start, High Priority Projects (HPP), Transportation community and System Preservation (TCSP), Local tax measures, and funding for environmental and numerous other grants from regional agencies.

Relevant Experience
Grant Application Assistance Services, City of Long Beach Public Works Department, Long Beach, CA Responsible for management of grant writing services for the City of Long Beach’s Public Works Department which acquired $2.8 million in funding for a street widening and pedestrian improvement project. Funding was provided from the Federal Highway Administration (FHWA) (Highway Safety Improvement Program) and California Department of Transportation (Caltrans) (Local Partnership Program).

Multiple Street Improvement and Realignment Projects, City of Carlsbad, CA Responsible for identifying applicable funding sources ranging from FEMA/CalOES to BUILD/RAISE/PROTECT/SS4A/FHWA for various street improvements, flood control and realignment projects with successful and pending application in process.

Multi Agency Bike Trail Project, City of Vista, Vista, CA Project Director for development of a multi-agency bike 7-mile section of Class I bikeway and multi- use path with the estimated construction cost of $10ML. Responsible for funding strategies that included filing of various grant multi-agency grant applications and successful award of local measure funds for various phases and intersection improvement portions.

Traffic Improvement Projects, Multiple agencies, CA
Responsible for securing of grant funds to support the design and construction of various signal modification, turn lane additions, median improvements. Also responsible for completion of various traffic signal studies, traffic impact reports, and review of development reports.

Redlands Passengers Rail Program, San Bernardino, CA
Education:

BS, Civil Engineering, Purdue,
1979
MS, Civil Engineering, Purdue, 1983
Registration: Professional Engineer CA,
42958, 1986
Years of Experience: 42
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 9 Responsible for fund management and grant writing for the $280 million project. Grants submitted for TIRCP received over $9. Sudi has prepared multiple other grants for DOT, FRA and FTA and manages all of the required reporting. Project management for all funding related matters including compliance, process of all funding documents to meet the funding source regulations, review of project’s contract and invoicing procedures and development of guidelines.

Highway Rail Crossing Safety Accounts, Multiple Agencies, CA Identified and submitted multiple applications for grade separation projects. Attended all qualification meetings and successfully secured higher ranking for projects.

I-5 Widening Segment II – OCTA, CA
Project Manager for preparation of the drainage report and structural evaluation for segment II of this

6.5-mile corridor improvement that adds several adding lanes on each direction including auxiliary lanes and ramp improvements
Grant Application Assistance Services, County of Orange, Santa Ana, CA Worked closely with the program managers on evaluation of complex projects for best match with FHWA regulations and preparation of grant applications for Highway Safety Improvement Project (HSIP) since 2012 that has resulted in 100% award. Project Manager to develop a grant eligibility matrix as a tool to automatically identify all applicable grants for each of the CIP projects. Population of the matrix includes record research, field data collection, review of environmental, traffic, and other reports. Created data collection forms to develop scope of work including site assessment and cost estimates.

SR-78 Corridor Enhancements, City of Vista, CA
Responsible for successful implementation of several design and construction projects with over $25ML involving a combination of Federal, State and local funding with full support from Caltrans and final successful approval on all audits. Sudi led the negotiations and worked closely with Caltrans environmental, design, traffic, local assistance, ROW, bridge, permitting and administration divisions. Her responsibilities included leading the efforts on scoping and defining projects, securing of funding on behalf of Caltrans, design approvals to meet the requirements and construction management of the projects for final acceptance by Caltrans. All these projects involved a combination of Federal, State and local funding with full support from Caltrans and final successful approval on all audits.

City Engineer, City of Vista, CA
Responsible for management of all CIP/ Traffic Engineering Divisions with aggressive effort on securing grant funds that resulted in securing over $100ML in grant funds in 8 years for various projects such as arterial and intersection improvements. Managed the traffic commission and developed Policies for Traffic Calming, Traffic Signal Systems, Stop signs and traffic signal and speed zone policies. 405
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 10 Tamim Atayee, PE, F. ASCE, FEMA, Infrastructure, and Environmental Sustainability Related Funding Expert
Tamim is a registered professional engineer with 31 years of experience. Tamim works as a technical expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and stormwater management. He is a skilled designer and a capable manager and has authored many
technical papers. Tamim is experienced in both numerical and physical modeling of hydraulic problems and has, amongst other things, developed hydrology and hydraulics software used as standards in the industry. As a subcontractor to the Western US Technical Evaluation Contractor to FEMA, he has reviewed several map revision processes, such as Letters of Map
Revisions, for projects that impacted flood hazard areas.

Tamim’s expertise and knowledge assist us in preparation of high-quality technical reports for grant applications that result in minimal comments and expedited review of applications. The following are Tamim’s experiences and skills:
• Technical expertise that lends to writing highly credible reports and preparing defensible Benefit Cost Analysis for complex projects for FEMA HMGP and BRIC grant
applications. Tamim has gained the respect and trust of CalOES and their consultants that has paved the way for awards of submitted projects. • Trusted expert working with various federal and state agencies such as NOAA and EPA for grants and WIFIA funding.
• Extensive experience in environmental related grant funding applications, hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management.

Relevant Experience
FEMA/CalOES Grant Applications, Coachella Valley Water District, Coachella Valley, CA Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications and award of $6.5 million. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.

Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation to prepare two successful applications for stormwater projects and award of $3 million.

Storm Water Grants, Turlock Irrigation District, Turlock, CA Technical expert in development of successful grant application for District’s priority project to prevent failure of the structure and flooding for award of $16.5 million. Review of District documents and recommendations and preparation of grant sections to meet the funding goals Education: MS, Civil Engineering –
Water Resources, The George
Washington University
BS Civil Engineering, Old Dominion
University
Registration: Professional Engineer –
California, Colorado, Virginia
Years of Experience: 31
Memberships:

Instructor of Excellence (2009, 2010,
2011, 2012), National Highway
Institute Fellow (F. ASCE), American
Society of Civil Engineers (ASCE)
Distinguished Engineering Educator,
Lifelong Learning Award, American
Society of Civil Engineers, Orange
County Branch Outstanding
Engineering Merit Award
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Grant Writing Services for Capital Improvement Projects 11 FEMA/CalOES Grant Applications, San Bernardino Municipal Water Department, San Bernardino, CA Responsible for review of agency documents and preparation of a successful grant application for four water steel tanks and award of $6.5 million. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.

FEMA/CalOES Erosion Protection Project, San Diego County Water Authority, San Diego, CA Responsible for review of agency documents and preparation of a successful grant application for erosion control and seismic retrofit of the three water pipelines that resulted in award of $25 million.

Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.

FEMA/CalOES Grant Applications, Orchard Dale Water District, CA Responsible for review of agency documents and preparation of a successful grant application for seismic retrofit of the water tank. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.

Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for the preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland Security. Review of agency documents, preparation of cost estimates, back up documents, exhibits and other information as needed.

FEMA Building Resilient Infrastructure and Communities (BRIC) Grant for Sea Level Rise, City of Belvedere, CA
Tamim has been responsible for successful preparation of a preliminary grant application for City’s Sea Level Rise project that was approved to move to the second phase and provide a full application.

Otay River Bridge, San Diego, CA
Provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over the Otay River. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures to sustain the erosive forces to which the bridge substructure would be subjected.

Alta La Jolla Restoration, San Diego, CA
Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in a private development, Alta La Jolla, in San Diego, California. The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel.

Caltrans Drainage Law & Floodplain Issues Course Development & Delivery, CA Responsible for development of two one-day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic and identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans.

San Diego Association of Government (SANDAG), San Diego, CA Tamim has been responsible for review of the drainage plans for the following key projects: Sorrento to Miramar curve alignment and Second Track – Phase 2, San Dieguito River Bridge Replacement Double Track and Special Events Platform, East Brook to Shell Double Track Project, Batiquitos Lagoon Double Tack project. Hydraulic Studies, Floodplain Analysis Report and Strom Water Data Report. 407
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 12 Carlos Pineda MS/MBA, PE, Civil Engineer
Carlos is a registered civil engineer in the State of California with over 38 years of experience in civil engineering and project management. Carlos has extensive experience working for both private and public sectors. His private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements.

His public works design experience covers a wide variety of projects including the improvement of major arterials,
secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects.

Relevant Experience
LOSSAN Corridor, Peer Review, Hydrology & Hydraulics, San Diego, CA As part of RailPros Team, Carlos has been providing peer review on Civil engineering plans for several portions of the LOSSAN Corridor project.

Metro- Metrolink Station Location Studies, Los Angeles, CA ESS served as a sub consultant and provided site study and study the utility constraints involved. This study included four stations and multiple alternatives for each location. The utility study included coordination with various stakeholders such as cities, and SCE.

Trail Restoration Project, City of Huntington Beach, CA Carlos has been responsible for successful development of a conceptual plan for the Shipley Park trail project that met the approval of the Parks Board members. Carlos then prepared the application for the California Department of Parks and Recreation
Recycling Water Projects, Central Basin Municipal Water District, CA Responsible for preparation of 3 application packages for cities of Downey, Southgate and Bell Gardens.

Developed cost estimate and the grant application for submittal on behalf of the agency.

Senior Project Manager – Community Development/Transportation As a Senior Project Manager, he was responsible for the marketing of Engineering Services to municipalities and other private clients such as developers, builders and architects. Responsible for the management of Projects including close coordination with clients and with the Project team, responsible for executing the project, producing and submitting deliverables and meeting the budget and schedule established in the contract. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering projects, including residential subdivisions, public works projects and community parks. Provided Quality Assurance and Quality Control for the Projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc.

Sample Projects: Butterfield Stage Road Phase III Improvements, Temecula, Lincoln Park ADA and Landscape Improvement Project, Pomona, Boys and Girls Parking Lot Improvements, San Clemente, Camino De Los Mares Improvements, San Clemente, Cress Street Sidewalk and Retaining Wall Improvements, Laguna Beach, Queda Way Drainage and Retaining Wall Improvements, Laguna Beach, Los Serranos Infrastructure Improvements -Safe Routes to Schools Program Phase 3, Chino Hills Education: M.S., Civil Engineering,
California State University, Long Beach
B.S., Civil Engineering, Virginia
Polytechnic & State University,
Blacksburg, Virginia
Years of Experience: 38+
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 13 Director of Engineering
As a Director of Engineer was responsible for the marketing of Engineering Services to municipalities and other private clients. Responsible for the management of Projects including close coordination with clients and with the Project design team, responsible for executing the project, producing and submitting deliverables and meeting the budget and schedule established in the contracts. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering Public Works projects. Responsible for providing quality assurance and quality control for all projects.

Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc. Assisted in providing civil engineering assistance to Cities as part of Staff Augmentation, this included providing engineering advice and plan checking for ongoing permit applications.

Sample Projects: Cerritos Avenue Widening Project, City of Cypress, SR2S Hermosa View Improvements, Hermosa Beach, Retaining Wall Improvements – Moulton Parkway, County of Orange, Mermaid St.

Sidewalk and Retaining Wall Improvements, Laguna Beach, Project Manager for Various Projects for the City of Laguna Woods. – Staff Augmentation
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 14 Gary Sturdivan, Hazard Mitigation Planning Expert
Mr. Sturdivan has a vast knowledge in Emergency Management, Emergency Preparedness, Hazard Mitigation Planning,
Vulnerability Assessment Planning and updates, as well as Federal Emergency Management Agency (FEMA)
documentation, FEMA reimbursement and has an extensive
background with State Revolving funding, FEMA, and DHS
Funding Programs.

In the last 10 years, Mr. Sturdivan has been responsible for successful write up and completion of 62 Hazard Mitigation Plans that received California Office of Emergency Services (CalOES) and FEMA approval. He has also written 12 Emergency Response Plans in the last 7 years. Gary has an established relationship with CalOES & FEMA review team members.

Mr. Sturdivan was a member of the USGS planning team for Golden Guardian 2008 and is one of the signers of the document and California, Shake Out. Mr. Sturdivan has served as the Region 6 Chair of CalWARN and was the Vice-Chair of the CalWARN State Steering Committee for 6 years. Mr. Sturdivan was also the editor of the American Water Works Association G-440 Emergency Planning Standard that was adopted by the National Institute of Standards and Technology and was the first Editor of the AWWA M-19 rewrite committee, which was released in 2016. Mr. Sturdivan was a Beta Tester for the AWWA J100 Risk Analysis and Management for Critical Asset Protection (RAMCAP), On-line training Module and Manual. The J-100 RAMCAP was later adopted by the U.S.E.P.A and FEMA as the tool for Risk Analysis and Management for critical Asset Protection. Mr. Sturdivan has participated in the Southern Operation Center on various occasions and in the State Operations Center on two occasions. Mr. Sturdivan used the FEMA HSEEP tools to organize the water/wastewater agencies in Riverside and San Bernardino Counties during the Statewide Golden Guardian exercise’s starting in 2008. Mr. Sturdivan is a speaker at various conferences throughout the nation on emergency issues, including speaking in front of the Department of Interior, with Secretary Kenneth Salazar and department heads at USGS headquarters in Washington D.C.

Relevant Experience
Director of Safety/Regulatory Affairs/Emergency Management and Grants, East Valley Water District, Highland, CA
-Managed and directed CalOSHA Safety Programs to ensure District’s compliance with all Federal, State, local laws and regulations.
-Secured 42 FEMA Hazard Mitigation Grants totaling $38,000,000 in FEMA grant funding’s, over an 8- year period.

Hazard Mitigation Plans, Grant Writing and Training, Yucaipa, CA -Hazard Mitigation Plans. American Water Infrastructure Act (AWIA), Hazard Mitigation and PDM gran, FEMA Training ICS- 100, 700, 300, 400, 200, 800. Emergency Response Planning Local Hazard Mitigation Plans, Cities of Colton, Twenty-Nine Palms, and Villa Park CA Responsible for successful preparation of Hazard Mitigation Plans that received CalOES and FEMA approval within the scheduled time and budget.

Education: B.S., Business Management
and Business Administration, University
of Phoenix – 2001
Years of Experience: 24
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 15 James Klueber, Senior Grants Analyst
James started his career as an analyst specializing in various water resource investments and is very familiar with Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can-do attitude to work every day. Currently, his primary role at ESS is to provide grant compliance monitoring, QA/QC support for all grant applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS. James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Experience
Local Partnership Program (LPP) Grant, Cities of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks to submit the application fully and promptly.

FEMA/CalOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, Monterey One Water, CA
Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES.

BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART grant writing process and assisted with various research, mapping, and grant writing tasks to submit the applications. Worked on 4 successful applications simultaneously and submitted all applications that received $2 million each in federal grant funding.

BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Assisted in qualifying the agency for $30 million in RW funding. Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Applications ranged from $500,000 - $2 million federal grant funding.

Grant Writing Services, Turlock Irrigation District, Turlock, CA Responsible for lead grant support of several grants for irrigation canal improvements, floating solar projects, energy efficiency, parks and recreation, seismic retrofit of a dam, and most recently applications for hydroelectric efficiency improvements submitted to DOE.

Education: MS, Environmental
Sciences & Management, Cal Poly
San Luis Obispo, CA (2023)
BS, Environmental Economics &
Policy, U.C. Berkeley, CA (2018)
Years of Experience: 7
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 16 Stanley Klemanowicz AIA, PMI, LEED, Project Manager
Stan brings over 23 years of hands-on experience in architectural design and project delivery within time and budget on many public and private projects. As a LEED Professional, he has directed sustainability and led project teams in exceeding desired green building accreditation levels. He has been responsible for completion and approvals of ongoing design and valueengineering, preparation of construction documents, permitting, submittal reviews, requests for information, change orders, field observation, and project closeout.

Stan’s extensive experience in the design field has allowed him to be a technical expert for all energy related grant pursuits. Stan has been dealing with various utility providers and AQMD and other funding agencies directly and has firsthand knowledge of the available grants and their requirements.

The following are a sample of Stanley’s experiences and skills:
• Expertise in evaluation of facility design improvements to meet funding requirements.
• Extensive experience in providing architectural design services and delivery of projects within time and budget for local agencies, State department, school districts, ports, hospitality, commercial, retail, and industrial projects.
• Responsible for design and renovation of facilities to obtain LEED Platinum and Gold • Proven track record in providing Construction Management. • Owner/Developer of ArchitectureNewsGroup.com (World’s largest design news link site).

Relevant Experience
City of San Bernardino, Facility Improvement Grants, San Bernardino, CA Responsible for review of various facility elements and investigation of applicable grants. Also, provided direction for funding of the vehicle charging stations.

City of Commerce, Facility Improvement Grant, Commerce, CA Review of project details that included ADA, HVAC & lighting improvements, and recommendations for funding eligibility and ranking to meet the grant funding sources.

Metrolink Station Improvements Grant Recommendations, Commerce, CA Review of recommended improvements and recommendation of funding opportunities to meet the project elements. All funding opportunities recommended were approved by staff and LA Metro for implementation.

Education: BS, Architecture, The City
University of New York
Registration: Licensed Architect, CA,
NY, NJ
Years of Experience: 23
Memberships:

American Institute of Architects (AIA);
National Council of Architectural
Boards (NCAB); National Institute of
Building Sciences (NIBS); United States
Green Building Council (USGBC);
Commissioner: City of Redondo
Beach, Uniform Codes Commission
(UCC); Project Management Institute
(PMI)
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 17 SCOPE OF WORK/IMPLEMENTATION
The ESS team believes in a full-circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, application development and project management services identified in the RFP. The tasks proposed directly align with those in the RFP. ESS has also provided information on other services that can be offered on an as-needed basis.

Detailed methodology for each task can be found in later sections of this proposal.

1. KICK-OFF MEETING
The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, likely availability of funding, terms, conditions, and other key parameters.

Identification Of Appropriate City Projects For Funding Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including the ones specifically mentioned in the RFP and CIP. Sudi will serve as a Project Manager and the point of contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines.

We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients.

Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits. Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of managing various funding agreements and the cost of preparation of applications and compliance monitoring.

ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff.
✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding. ✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same transportation project, almost doubling the amount of funding County was expecting to receive.
✓ ESS was able to qualify the Santa Clarita Valley Water Agency for $30 million for recycling water Deliverable(s):
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 18 • Kick-Off Meeting Presentation and List of Preliminary Funding Sources • Funding summaries for applicable grants using ESS’s vast funding library

2. DETAILED REVIEW OF GRANT OPPORTUNITIES
Following the kick-off meeting with the City, we will use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use. The matrix will include program goals, eligible project components, funding limitations, matching fund requirements, key eligibility requirements, and due dates.

We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue.
✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in the submittal of two additional successful grant applications, with $5.1 million awarded. ✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding.

Established Relationships with Funding Agencies
We understand that successful grant funding consists of two-thirds planning and one-third writing.

With that in mind, we pride ourselves in our close relationships with funding agencies. Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience.

We understand that the City has several key active transportation infrastructure, facility improvement, stormwater projects and an aggressive Capital Improvement Program (CIP). ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. Please see the table in the project experience section of this proposal as it provides a quick glance of our experience in preparation of grant applications for similar projects.
✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers.
✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention.

Deliverable(s):
• Funding Matrix identifying all available funding for the City’s Projects • Updated Funding Matrix on a monthly or as needed basis. • Funding summaries for new grants
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 19 3. COORDINATION MEETINGS
ESS will coordinate with the City’s Project Manager to find a time that works best for the City to hold a monthly recurring meeting to learn about new funding opportunities, project(s) status, new priorities, and discuss status of pending grant applications. In addition, this time can be used to discuss any questions or concerns with the funding opportunities identified in the funding matrix. ESS will take detailed meeting minutes and forward them to key City personnel within 7 days following the meeting.

Deliverable(s):
• Monthly Meeting Agendas and Minutes

4. PREPARATION OF GRANT APPLICATIONS
Once a funding source and a pursuit have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters. ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO). The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines.

The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements. For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include:
• Eligibility criteria • Matching funds
• Budget needs • Maps and pictures
• Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria
• Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project.

Deliverable(s):
• Work Plan Structure for the identified grant pursuit, such as the example below:
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 20 Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients:
✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million.
✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications.

WRITING-TO-WIN Approach
What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application.

Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project’s merit in full compliance with the instructions and limitations.

This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision:

Requirements BY Schedule

3.2 Project
Description
Template
Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1

3.3.1 Project
Identification
2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period) Week 1

3.3.5 Purpose of the
Project
Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1

3.3.6 Merits of the
Project
Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2

3.4 Project Maps Week 1

3.4.3 Map Details:

Stations
Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels.

ESS Week 1

3.4.9 Map Details:

Legend A legend, scale and compass. ESS Week 1

3.6 Operations and
Maintenance
Costs

3.7 Capital Costs ESS Week 2

4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share.

See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3

1.0 Introduction

3.0 General Reporting
Must submit to FTA documentation summarizing how operating and maintenance costs were developed.

Additionally, the following considerations apply:
• System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning.

Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape. 416 Proposal to Provide
Grant Writing Services for Capital Improvement Projects 21 ✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi for input and used the format created by ESS in a grant application as a requirement for future cycles. ✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects.

SWRCB announced project readiness as a criterion for higher ranking 30 days prior to grant deadline. ESS staff used their technical expertise to prepare specifications on behalf of four agencies that all received the highest ranking and the requested funding.

Disadvantaged Communities
Many funding opportunities allocate a certain percentage of the funding to projects benefiting disadvantaged communities (DACs) and therefore, it is imperative that the need and applicability is effectively demonstrated. For example, grants funded by the federal government must meet the Justice40 Initiative which aims to provide at least 40% of available funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those benefits. This identification must be based on geographic (i.e., CEJST mapping tool), socioeconomic, public health, and environmental hazard criteria (Health and Safety Code Section 37911).

ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County Transportation Authority demonstrated 41 DACs in the area.

Quantitative Analysis and Technical Reports
Depending on the grant requirements, ESS will work with the City’s Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort.

The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants.

Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ✓ Complex FEMA applications prepared by ESS have been approved by CalOES for funding. ✓ ESS prepared a successful and highly technical grant application for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and technologies for alternative fuel that resulted in a $30 million award.

In one example of a
successful utility project,
the technical application for
the $103 million project
received no comments and
was approved in record
time.

Demonstration of low-earning
jobs in cities of San Bernardino
and Redlands for a successful
award of more than $9.2 million
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 22 Budget Analysis and Construction Planning
The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include:
• Qualifying matching funds • Budget scalability
• Scheduling details • Implementation requirements for
allocation purposes
Support Letters
Often, support letters of a grant application are given only cursory attention and prove to be invaluable.

At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with its clients. ESS will recommend stakeholders for the City to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages.

Deliverable(s):
• Draft letters of support, resolution, budget, schedule and other items that may be required for the funding pursuit.

Grant Application Review and Approval Process
For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality. To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City’s Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency.
✓ In an expedited grant application for the City of Santa Ana, ESS prepared all the grant requirement documents including CEQA, cost estimates and direct coordination with SCE and City’s consultants to finalize the technical reports for a successful award from BOR on a hydropower improvement project.

Deliverable(s):
• Draft and final grant application package for submittal. • Status report on grant applications submitted.

5. OPTIONAL ADDITIONAL SERVICES
ESS staff are fully capable of bringing their extensive experience in design and construction of vital infrastructure to provide additional services as needed. As former agency personnel, ESS team members are fully prepared to support the City Project Manager with all required analysis, reports, design review and specification sections, cost estimating, preparation of staff reports, and resolutions as needed.

ESS is also available to review the project documents prior to bid requests to make sure that specifications meet all the grant requirements such as those needed for Federally funded projects.

ESS staff are also well-versed in grant compliance. ESS can provide grant management/administration services for grants submitted prior to working with ESS or for awarded grants we help the City submit in the future. Summary of our general services for grants management is presented below:
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 23 ✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources. ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents.
✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes.

Once the grant award has been issued, ESS will arrange for a meeting with the City and funding administrator and will come prepared with a WPS, which is a matrix of federal (e.g., 2 CFR 200, ARPA Final Rule), state (California Code of Regulations), and local (City and County) compliance parameters.

ESS prepares a WPS for all grant fund management efforts based on the detailed analysis of the grant guidelines and the executed agreement. The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources, and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City and ESS to track the required information and timing for full alignment with the funding conditions. Topics commonly found in the Grant Management WPS include:

1. Federal, State and Funding regulations: 2CFR 200, California Code of Regulations, and other applicable codes.

2. Funding agency requirements: Analyze agreement and related correspondence and establish deadlines.

3. Project Controls: Review approved scope of work and determine eligible costs based on approved cost estimate.

4. Contracts: Assist with advertising for the construction contract, the contractor selection process and contracts, and review all related documents for compliance with funding requirements.

5. Invoices: File original vendor requests, identification of eligible and ineligible budget items, required back up documents, change orders, approvals, reimbursement requests. 419
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 24 6. Accounting Records: File receipts, deposit slips, cancelled checks, bank statement ledgers for receipts and disbursements.

7. Administration Costs: Contract and City personnel working on the project, timesheets, payrolls and supporting documents.

8. Schedule: Project timeline, progress reports and reimbursement due dates leading to the grant deadline along with timelines for receiving the back-up documents

9. Miscellaneous: Other related items such as photo documentation and as-builts

10. Communication: ESS will propose and participate in monthly conference calls to learn about project status, update the schedule and budget as needed and review upcoming deadlines.

The WPS for grants management is organized for clarity and is an invaluable reference tool that is used throughout the project compliance period. We will add the information gained at the kickoff meeting to the WPS. We will also request a meeting with the funding grant representatives to discuss expectations and next steps. We will repeat these meetings periodically and specifically after the first submittal to gain feedback and restructure our process if needed.

We will utilize our hands-on project management process to develop the funding progress reports in a professional and consistent manner meeting various funding agency requirements.

The following will be our proposed approach to receiving, storing, and organizing information, and submitting progress reports, however, we remain flexible in meeting the City’s preferred process:

1. Weekly Meeting Minutes: ESS will request a copy of the weekly meeting minutes prepared by the construction management team.

2. Progress Reports: Once the meeting minutes are received, ESS will then draft a progress report based on the information gained from the weekly meeting minutes, approved progress payment and change orders.

3. Conference Calls: ESS will then set up a conference call with City’s Project Manager to ask questions and review the template categories to gain additional information to complete the draft report accordingly. This meeting time will allow for all questions to be answered in the most efficient manner versus over several correspondences. Following this process has proven to relieve our clients from dedicating extensive time to provide detailed information.

4. Finalized Progress Reports: ESS will finalize the progress report based on City’s comments. All progress reports will need to have a complete photo documentation that will be added to the final document.

5. Draft Review: We will review the draft final form for compliance with the funding agency requirements. ESS will then send the final draft version to the City for review and approval.

6. Submit: Once the progress report is approved by the City, ESS will request a signature and will submit the documents to the funding agency.

ESS will create an archive of all the submitted documents and any review comments that may be received from the funding agencies. Most progress reports are due quarterly and require the following information: a summary of progress including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed; a description of compliance with environmental requirements; a listing of change orders including amount, description of work, and change in contract amount and schedule; and any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. 420
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 25 Deliverable(s):
• Work Plan Structure for the grant with tabs for agency records. • Meeting agendas and meeting minutes.
• Specification sections and addenda as needed for funding compliance. • Bid review for funding compliance.
• Checklist of information needed to complete draft Progress Reports will be sent with reminders for upcoming deadlines.
• Perform all compliance checks (AIS, BABA, Labor Compliance, Environmental Measures, etc.) as required by the funding program agreement.

PROJECT BUDGET
ESS understands that the City has a set budget of $100,000 for the scope of work identified in the RFP.

ESS’s proposed fee to provide these services is a not to exceed amount of $95,000 based on the type of projects the City is seeking funding for and the types of grants that these projects could qualify for. All ESS staff track hours to 15-minute increments so we can provide fair and accurate cost for the tasks assigned. The stated rates include all direct and indirect costs as well as out-of-pocket expenses. The rates shall be escalated as allowed under the City’s policy.

Fee Schedule
Position Hourly Rate
Principal $218
Project Manager $208
Senior Associate $188
Associate $166
Support Associate $140
Technical Experts $225-280
Reimbursable Cost
Reproduction Cost
Courier Services Cost
Transportation Cost
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Proposal to Provide
Grant Writing Services for Capital Improvement Projects 26 DESCRIPTION OF RECENT PROJECTS/REFERENCES
Building and Facilities Experience
City of Santa Ana- ADA Improvements at Regional Transportation Center Grant Amount Funding Agency Program Projects
$387,000 U.S. FTA All Stations Accessibility
Program
ADA Improvements at
Regional
Transportation Center
Turlock Irrigation District- Seismic Retrofit and Flood Mitigation Project Grant Amount Funding Agency Program Projects
$16.5 million FEMA Building Resilient
Infrastructure and
Communities
Flood proofing of the
Turlock Lake Dam
San Bernardino Municipal Water Department- Seismic Retrofit Project Grant Amount Funding Agency Program Projects
$6.5 million FEMA Building Resilient
Infrastructure and
Communities
Flood proofing of the
Turlock Lake Dam
Multiple Agencies- Emergency Generator
Grant Amount Funding Agency Program Projects
$600,000 - $1
million
CalOES Power Safety Power
Shutoff
Installation of
permanent generators
Active Transportation Systems Experience
City of Long Beach- Street Widening & Pedestrian Improvements Grant Amount Funding Agency Program Projects
$2,800,000 Caltrans and Federal
Highway Administration
HSIP and Local Partnership
Program (LPP)
Street Widening and
Pedestrian
Improvements
422
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 27 City of Chino Hills- Citywide Green Bike Lanes at Major Intersections Grant Amount Funding Agency Program Projects
$349,470 Caltrans Highway Safety
Improvement Program
(HSIP)
Green Bike Lanes at 74
major intersections
throughout the City.

City of Carlsbad-Carlsbad Boulevard Pedestrian Improvements Grant Amount Funding Agency Program Projects
$178,700 Caltrans HSIP Pedestrian
Improvements
$412,900 Caltrans HSIP Pedestrian
Improvements
Drainage Upgrades and Flood Management/Mitigation Experience City of Sacramento-Floodplain Management
Grant Amount Funding Agency Program Projects
$1.5 million Department of Water
Resources
Floodplain Management
Grant Program
Flood Proofing
Coachella Valley Water District - Storm Water Projects
Grant Amount Funding Agency Program Projects
$6.5 million Department of Water
Resources/FEMA/CalOES
Floodplain Management
Grant Program
Flood Control
Roadway Upgrades and Complete Street Program Experience City of Wildomar- Street Improvement Project
Grant Amount Funding Agency Program Projects
$9.1 million Caltrans LPP Flood Prevention Street
Improvement Project
423
Proposal to Provide
Grant Writing Services for Capital Improvement Projects 28 City of Long Beach-Complete Streets
Grant Amount Funding Agency Program Projects
$3 million Caltrans Local Partnership Program Complete Streets City of Seal Beach-Safety Action Plan
Grant Amount Funding Agency Program Projects
$250,000 Federal Highway
Administration
Safe Streets and Roads for
All (SS4A)
Safety Action Plan

REFERENCES
City of Long Beach-Public Works Department: Keith Hoey, PE/ Assistant City Engineer/ (562) 570-6586/ [email protected], 411 W Ocean Blvd, Long Beach, CA 90802 City of Santa Ana-Public Works Department: Nabil Saba, PE/Executive Director of Public Works/ (714) 647-3380/ [email protected], 20 Civic Center Plaza, Ross Annex, M-21, Santa Ana, CA 92702 City of Sacramento-Department of Utilities: Alaina Jordan/Long Range Financial Planning/ (916) 808- 5801/ [email protected], 1395 35th Avenue, Sacramento, CA 95822 424

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
425

EXHIBITS C & E
ANTI-LOBBYING and DISBAREMENT CERTIFICATION
426

C-XXX-XXXX

EXHIBIT C

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

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

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

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

Consultant:

Name, Title
By:________________________________________
Sudi Shoja, PE
Engineering Solutions Services
427

EXHIBIT E

DEBARMENT AND SUSPENSION CERTIFICATION
Debarment and Suspension Certification
The undersigned (authorized official signing for the Bidder) hereby declares under penalty of perjury the following:

1. In accordance with section 6109 of the Public Contract Code, the bidder declares that bidder will not enter into any contract with a subcontractor who/which has been debarred pursuant to section 1771.1 or section 1777.7 of the Labor Code. No public monies shall be paid to a debarred subcontractor, and any contract entered into for public work between a prime contractor and debarred subcontractor shall be considered void as a matter of law. Any payments made to a debarred subcontractor shall be returned to Owner. The prime contractor shall be solely responsible for all payments to a debarred subcontractor. In no case shall any public money be used to pay a debarred subcontractor.

2. In accordance with section 10162 of the Public Contract Code, has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).

3. In accordance with section 10232 of the Public Contract Code, has more than one final, unappealable finding of contempt of a court by a federal court has been issued against the Bidder within the immediately preceding two-year period because of the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board? For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space (use additional sheets if necessary).
428

4. In accordance with section 10285.1 of the Public Contract Code, the Bidder declares that neither the Bidder nor any subcontractor to be engaged by the Bidder has been convicted of any of the offenses referred to in this section within the preceding three (3) years.

These offenses include if that Bidder or any subcontractor to be engaged by the Bidder, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this certification, The City of South Lake Tahoe.

5. Certification Regarding Debarment and Suspension
The undersigned (authorized official signing for _____________________________) certifies to the best of his or her knowledge and belief, that the _______________________, defined as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:

A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
D. have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

By my signature which is placed below on behalf of the named Bidder, I certify, under penalty of perjury under the laws of the State of California, that I am an officer, principal or owner of the Bidder, and that the foregoing questionnaire, and all certifications and statements therein, are accurate, true and correct.

Date: ____________ Bidder’s Signature: ______________________________ Bidder’s Name and Title (Print): _Sudi Shoja, PE______
Lumos & Associates, Inc. August 12, 2025 Corporation
429

EXHIBIT D
Certificate of Insurance
430

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

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

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

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

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

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

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
South Lake Tahoe, CA 96150 1901 Lisa Maloff Way City of South Lake Tahoe Additional Insured:

Those usual to the Insured operation. The City of South Lake Tahoe, its officers, officials, employees, agents and volunteers are named as Additional Insured with liability limited to claims arising out of Insured’s operation only. This coverage is primary/non-contributory. BlanketWaiver, applies per the commercial form SL00001018 attached to this Policy Should any of the above mentioned policies be cancelled, a 30 day written notice will be delivered prior to cancellation.

P.LIABILITY $5M/$5M RETRO DATE 08/29/2013
8/19/2025 8/19/2026 B.P.P $27,300
A

BUSINESS PERSONAL PROPERTY
X 72SBABN7UFR
1,000,000 1,000,000 1,000,000 C Y Y 72WECGG6484 8/20/2025 8/20/2026 1,000,000 B X 72UECCD2464 5/1/2025 5/1/2026 4,000,000 4,000,000 2,000,000 10,000 1,000,000 2,000,000 A X Y 72SBABN7UFR 8/19/2025 8/19/2026 Gemini Insurance Company 10833 PROPERTY & CAS INS. OF HF 34690 HARTFORD ACCIDENT & INDEMNITY 22357 Hartford Underwriter Inc Co 11000 LAGUNA HILLS, CA 92653 CA 92653 STE 112 23232 PERALTA DR ENGINEERING SOLUTIONS SERVICES INC. [email protected] (949)450-2310 (949)450-2311 Sofie IRVINE, CA 92618-4319 9891 IRVINE CENTER DRIVE #160 PRIME INSURANCE SERVICES, INC. 8/7/2025 D PROFESSIONAL LIABILITY VNPL016686 8/29/2025 8/29/2026 431
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 23,
2025
Agenda Item #:10
Agenda Item: Amendment No. 2 to Agreement with Trella Tahoe, Inc. for Snow Removal Operations Executive Summary: Staff is requesting the City Council to approve the amendment to the Professional Services Agreement with Trella Tahoe, Inc. for snow removal operations. This agreement provides snow removal services for the Airport, Fire Department, and Police Department. Also, this agreement removes snow from the Fire Rescue Facility and other areas in the City, plus an on-call portion if needed. The total amount of this contract for the next year, from Nov. 1, 2025, to Apr. 30, 2026, will not exceed $441,916.00. Ater this amendment, there are two additional years remaining at the City's discretion. The contract also includes an allocation of $26,300.00 for New Recreational Center and additional Police Department area snow maintenance this winter.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Trella Tahoe, Inc. for snow removal services at the Airport, Fire Department, Police Department, Fire Rescue Facility, and sidewalks not maintained by City Park forces, plus on-call service as needed for a term of November 1, 2025 to April 30, 2026 in an amount not to exceed $441,916.00.

Responsible Staff Member: Milan Jevic, Interim Airport Manager and John Dickinson, Interim Public Works Director, Joe Irvin City Manager
Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney
Attachments:
01-Staff Report-Amendment to Agreement with Trella Tahoe.docx 02-Amendment No. 2 to Agreement with Trella Tahoe Inc..docx 03-C-230-2024 Trella Tahoe Amendment #1.pdf
04-C-180-2023 Trella Tahoe - signed.pdf
432
Council Agenda Report- September 23, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 23, 2025
Title: Amendment No. 2 to Agreement with Trella Tahoe, Inc. for Snow Removal Operations
Application Location: Airport, City Hall, Police Department, Fire Department, and Various Other City Facilities Citywide
Responsible Staff Member: Milan Jevic, Interim Airport Manager and John Dickinson, Interim Public Works Director
Background: The City issued a Request for Proposal on June 28th, 2023, for Snow Removal services during the 2023/2024 winter season with a 4-year option to renew. City staff would like to renew the current contract for the 2025/2026 snow season with a CPI increase. The requested services included the following facilities:
 Lake Tahoe Airport: Lisa Maloff Way, including Lisa Maloff Way roadway  Police Department Facility: 1352 Johnson Blvd.
 Fire Rescue Stations 1, 2, 3 & Fire Training Center: 1252 Ski Run Blvd., 2951 Lake Tahoe Blvd., 2101 Lake Tahoe Blvd., and 1195 Rufus Allen Blvd.  Recreation Center, Ice Arena, Harrison Parking Lots, Bijou Park, Senior Center, and Museum Area.
 Public Works and Development Services Parking Lots.
 Selected Sidewalks.
 Optional Hourly Services.
 Added New Areas: New Recreational Center and Additional Area at Police Department.

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

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

In addition to the core services, the Contract also allows a not-to-exceed hourly service to provide additional resources to the City, if needed, during heavy storm events or special needs. The 433
Council Agenda Report- September 23, 2025 Page 2 of 3
Contract break down of cost is listed in Table A below with the CPI increase that will bring the new amount to $441,916.00,:

Facility Location FY 24-25
Amount
FY25-26 w/ 4.5%
CPI Adjustment
Airport Property 1901 Lisa Maloff Way $107,844 $112,696 Airport Rd 1901 Lisa Maloff Way $21,156 $22,107
Police Station 1352 Johnson Blvd $9,804 $10,245
Fire Station 1 1252 Ski Run Blvd. $6,295 $6,578
Fire Station 2 2951 Lake Tahoe Blvd. $6,295 $6,578
Fire Station 3 2101 Lake Tahoe Blvd. $6,295 $6,578
Fire Training Center 1195 Rufus Allen Blvd. $3,715 $3,882 Harrison Avenue Parking
Lots
3 locations along Harrison
Ave
$16,254 $16,985
Ice Arena, Rec Center,
Museum, Ambulance, Senior
Center
1176 and 1180 Rufus Allen.
3050, 3058, and
3066 Lake Tahoe Blvd
$31,992 $33,432
Bijou Park 1201 Al Tahoe Blvd. $18,318 $19,142
Community Playfields
Parking Lot
1300 Al Tahoe Blvd. $8,127 $8,493
Public Works
Department
1740 D Street $8,540 $8,924
Development Services
Department
1052 Tata Lane $7,575 $7,916
City Sidewalks City Maintained Sidewalks
(9.2 Miles)
$130,032 $135,883
Optional On-Call Services Optional On-Call Services
per hr/Max $15,000
($240/hr)
$15,480 $16,177
New, Recreational Center &
Library
1100 &1000 Rufus Allen No Services *$17,550
New, Police Station
Additional Area
1352 Johnson Blvd. No Services *$8,750

Total
$397,722
$441,916
*No CPI Applied
Financial Implications: The city council approved all budgeting for the snow removal contract on August 26th, 2025. These funds will be loaded for next year's budget cycle on October 1, 2025.  501-05130-43022 Airport Airfield Area, Parking Lot, Hangars, $112,696.00  207-03610-42025 Lisa Maloff Way, $22,107.00
 100-03310-42025 Police Station, $10,245.00
 100-03310-42025 Fire Station 1, $6,578.00
 100-03310-42025 Fire Station 2, $6,578.00
 100-03310-42025 Fire Station 3, $6,578.00
434
Council Agenda Report- September 23, 2025 Page 3 of 3
 100-03310-42025 Fire Training Center, $3,882.00
 100-03310-42025 Harrison Ave. Parking lots, $16,985.00  100-03310-42025 Ice Arena, Old Rec Center, Museum, Ambulance, Senior Center, $33,432.00
 100-03310-42025 Bijou Park, $19,142.00
 100-03310-42025 Community Playfields Parking Lots, $8,493.00  100-03310-42025 Public Works Department, $8,924.00
 100-03310-42025 Development Services Department, $7,916.00  100-03310-42025 City Sidewalks, $135,883.00
 100-03310-42025 Optional On-Call Services, $16,177.00  100-03310-42025 New to 2025-2026 New Rec Center and Library, $17,550.00  100-03310-42025 New to 2025-2026 Police Department Station- Additional Area, $8,750.00
Environmental Considerations: The Project is considered Categorically Exempt (CE) from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because it consists of operating existing public facilities and mechanical equipment involving negligible or no expansion of use.

Policy Implications: Contracting snow operations for City Facilities is consistent with the cityadopted Snow Operations Plan and will maintain a safe and efficient roadway and facilities for public access and use. By contracting this work, the City will have sufficient resources to address the Airport Runway, City Streets, Trails, and City-owned Sidewalks. 435
City of South Lake Tahoe
Amendment No. 2 to Professional Services Agreement with Trella Tahoe, Inc This Amendment to the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation ("City"), and Trella Tahoe Inc. ("Consultant") is entered into and effective as of the 1st day of November 2025, extending and amending the Professional Services Agreement ("Agreement") dated November 1st, 2023.

RECITALS
A. On November 1st, 2023, the “City” entered into the Agreement with Consultant to Trella Tahoe Inc.

B. The Parties now desire to alter the Agreement's Term and Compensation to allow Consultant additional time to complete the Scope of Services.

AGREEMENT
Section 3 and Exhibit B of the Agreement is hereby amended such that the Compensation for FY 25-26, beginning on Nov. 1, 2025, is set to an amount not to exceed $441,916.00, as set forth on the amended Exhibit B attached hereto.

Section 2 of the Agreement is hereby amended such that the Term ends on April 30th, 2026.

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: __________________________ Tamara Wallace, Mayor Phil Trella, Owner

Business License # 011500

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
436
August 1th, 2025
Philip Trella
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Re: Professional Services Agreement: Snow Removal CPI Adjustment Dear Mr. Trella,
Please be advised, the 2025-2026 Professional Services Agreement for snow removal has been updated to include the annual CPI increase. The CPI, All Urban, San Francisco-OaklandHayward-CA was used as the basis for calculating the adjustment.

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

Annual CPI for the period ending June 2025 356.460
Less CPI for previous period ending June
2024
341.064
Equals index point change 15.396
Divided by previous 12-month reporting
period
341.064
Equals 0.045146
Result multiplied by 100 4.515
Equals percent change= 4.515% increase
(rounded three spaces per contract)
If you have any questions or concerns, please do not hesitate to contact the Airport Manager.

Sincerely,
Milan Jevic, C.M.

Interim Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
437

SCHEDULE OF CHARGES AND TIMELINE BUDGET
Facility Location FY 24-25
Amount
FY25-26 w/ 4.5%
CPI Adjustment
Airport Property 1901 Lisa Maloff Way $107,844 $112,696 Airport Rd 1901 Lisa Maloff Way $21,156 $22,107
Police Station 1352 Johnson Blvd $9,804 $10,245
Fire Station 1 1252 Ski Run Blvd. $6,295 $6,578
Fire Station 2 2951 Lake Tahoe Blvd. $6,295 $6,578
Fire Station 3 2101 Lake Tahoe Blvd. $6,295 $6,578
Fire Training Center 1195 Rufus Allen Blvd. $3,715 $3,882 Harrison Avenue Parking
Lots
3 locations along Harrison
Ave
$16,254 $16,985
Ice Arena, Rec Center,
Museum, Ambulance, Senior
Center
1176 and 1180 Rufus Allen.
3050, 3058, and
3066 Lake Tahoe Blvd
$31,992 $33,432
Bijou Park 1201 Al Tahoe Blvd. $18,318 $19,142
Community Playfields
Parking Lot
1300 Al Tahoe Blvd. $8,127 $8,493
Public Works
Department
1740 D Street $8,540 $8,924
Development Services
Department
1052 Tata Lane $7,575 $7,916
City Sidewalks City Maintained Sidewalks
(9.2 Miles)
$130,032 $135,883
Optional On-Call Services Optional On-Call Services
per hr/Max $15,000
($240/hr)
$15,480 $16,177
New Recreational Center &
Library
1100 &1000 Rufus Allen No Services *$17,550
New Police Station
Additional Area
1352 Johnson Blvd. No Services *$8,750

Total
$397,722
$441,916
*No CPI Applied
438
439
New Addition: New Recreation Center Snow Removal
1100 and 1000 Rufus Allen
3 inches of snow respond
440
New Addition: PD area
1352 Johnson Blvd.
2 inches of snow respond
441

CITY OF SOUTH LAKE TAHOE

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

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

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

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

AGREEMENT

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

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

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

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

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’ s compensation, including travel and out-of-pocket expenses, exceed $ 385,390.00 without additional written authorization from City. Payment by City under this Agreement shall not beC- 180-2023 442 deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is
contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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

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

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

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

7. Ownership of Documents. All plans, studies, documents, and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’ s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

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.

C-180-2023 443
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’ s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’ s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’ s representatives, or Consultant’ s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

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

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

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:

C-180-2023 444
a. Will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and, b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700(a) (2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement.

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

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

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

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

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees, and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’ s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’ s negligent acts, errors, omissions, regarding this Agreement, the Consultant’ s work under this Agreement, or the consultant’ s Scope of Work. C-180-2023 445 City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’ s employees. Any notice of cancellation of all
Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on the standard Occurrence form. Claims- Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

C-180-2023 446
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars 1,000,000) on a claims- made annual aggregate basis, or a combined single- limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii.

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

Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract C-180-2023 447
until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

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

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

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

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure § 1094. 5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to C-180-2023 448
this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

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

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

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

C-180-2023 449
i. Will receive a copy of the Consultant’ s drug-free policy statement; and ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.

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

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

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

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

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

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

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

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

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

C-180-2023 450

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

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By: By:

Cody Bass, Mayor Pro Tem Phil Trella, Owner
Date Date
Business License #:

APPROVED AS TO FORM:

By:

Heather Stroud, City Attorney Date
ATTEST
By:

Susan Blankenship, City Clerk Date
Attachments:

Exhibit A-Scope of Services
Exhibit B- Compensation Schedule
Exhibit C-Anti- Lobbying Certification
Exhibit D- Prevailing Wage
Exhibit E- COI
011500
C-180-2023
Sue Blankenship ( Sep 14, 2023 11: 39 PDT) Sep 14, 2023 Heather Stroud ( Sep 14, 2023 14: 13 PDT)
Sep 14, 2023
Cody Bass ( Sep 15, 2023 16: 11 PDT)
Sep 15, 2023
Phillip Trella ( Sep 23, 2023 09:55 PDT)
Phillip Trella
Sep 23, 2023
451

EXHIBIT A

SCOPE OF SERVICES
C-180-2023 452

INTRODUCTION

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

C-180-2023 453
Image 2 Sidewalk and Stairs at Airport
1901 Lisa Maloff Way, South Lake Tahoe, CA 96150
Image 3
City Police Station Headquarters Snow Removal Areas are Shaded. 1352 Johnson Blvd., South Lake Tahoe, CA 96150
Image 4
Fire Station 1
C-180-2023 454
1252 Ski Run Blvd.

IMAGE 5 Fire Station 2
C-180-2023 455
2951 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 6
City Fire Rescue Station 3 Snow Removal Areas are Shaded.

C-180-2023 456
2101 Lake Tahoe Blvd., South Lake Tahoe, CA 96150
Image 7
City Fire Rescue Training Center Snow Removal Areas are Shaded.

C-180-2023 457
1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150
City Police Station Headquarters
All paved parking Areas inside fence will be cleared, dirt road between two parking areas will be cleared, entrance nearest the cemetery will be cleared.

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

Graveyard shift work maybe required. The ramp areas and vacant parking should be cleared for station shift change scheduled at 0600 hours daily. The Fire Rescue Training Facility located at 1195 Rufus Allen Blvd., South Lake Tahoe, CA 96150 can be cleared once a day rather than at the 3-inch snow depth limit. Clearing can occur late morning through early afternoon as Contractor schedule permits. Snow storage locations are depicted on maps provided by Fire Rescue.

C-180-2023 458
All paved parking areas will be cleared at Fire Stations 1, 2, and 3 and the fire station training facility. This contract includes 2101 Lake Tahoe Blvd, 2951 Lake Tahoe Blvd, and 1252 Ski Run Blvd and 1195 Rufus Allen Blvd.

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

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

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

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

Contractor agrees to adhere to the Lake Tahoe Airport Winter Operations Plan provided Exhibit A). Contractor agrees to provide required equipment in all vehicles used on the airfield to include the following:

Aviation Radio & Headset
Snow Tires without chains
Contractor is also required to complete airfield movement area training with the airport maintenance supervisor prior to driving on the airfield. C-180-2023 459 Responsibilities

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

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

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

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

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

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

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

8. Contractor agrees to store equipment at the airport in hangar E-8 or if needed two hangars at the airports price, plus $100 in utility costs per month.

C-180-2023 460
The Contractor agrees to clear hangar rows in a timely manner post-storm event or upon request by the airport.

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

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

Park and Recreation Facilities
The Parks and Recreation Facilities include the public driving lanes and surface parking and access area for the following facilities: Ice Arena, Recreation Center, Senior Center, Museum/ Ambulance Area along US 50, Harrison Parking Lots – 3 locations)., Bijou Park, and Community Playfield Parking Lot as shown on the map below.

C-180-2023 461
Public Works and Development Services Parking Lots
and City Sidewalks
The Contract will include snow removal at 1740 D Street (Public Works Department) and 1052 Tata Lane (Development Services) Parking Lots. Parking Lots must be plowed starting 6 AM with a 3” snow accumulation.

The sidewalks are typically 4-8 feet wide and must be plowed with walk-behind blowers or other mechanical equipment. The base contract will include 6.7 miles of City Maintained Sidewalks, see map below. The Contractor shall submit bids for an additive sidewalk maintenance for 20.0 miles which are shown in non-maintained map of sidewalks shown below. The additive item is subject to future City Council direction.

C-180-2023 462
C-180-2023 463
No Show
Failure to provide mechanical snow removal operations after snow accumulations on airside airport property reaches one inch (1”) or greater in accumulated snow depth and three inches 3”) on landside airport and other City properties will result in a $3000 .00 deduction per occurrence from the contract price. City Officials will contact the snow removal contractor if City Fire, Police, Airport or Public Works management observes that a response has not yet been initiated by the snow removal contractor. Failure to respond within a three-hour period after telephone notification from City officials is considered a “no-show” and will be subject to the 3,000 deduction in payment. City Officials will only call the snow removal contractor in the event that 3 inches or more snow is observed on the ground at one of the city facilities identified in this RFP. No show provisions do not apply to on demand call outs made for snow removal services based on City need. These will be coordinated as needed between the Contractor and the City.

C-180-2023 464

EXHIBIT B

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

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

Snow response requirements are provided in Exhibit A: Scope of Services.

C-180-2023 465

EXHIBIT C

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

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

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

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

Consultant:

By: Date:

Phil Trella, Owner
C-180-2023
Phillip Trella ( Sep 23, 2023 09: 55 PDT)
Phillip Trella Sep 23, 2023
466

EXHIBIT D
Prevailing Wages Required. Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, Consultant, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Consultant must comply with all applicable requirements of the California Labor Code, including, without limitation, all requirements set forth in Division 2, Part 7, Chapter 1. Attention is specifically directed to the following sections of the California Labor Code: Prevailing Wage Requirements (§§ 1771. 5 and 1776); Apprentices (§ 1777. 5); Working Hours (§§ 1810 to 1815); Workers’ Compensation (§ 1860); and Protection of Workers in Trench Excavations (§§ 6705 and 6707). In accordance with Labor Code section 1771. 5, that the Project is subject to monitoring and enforcement by the Department of Industrial Relations pursuant to 8 Cal. Code Reg. §§ 16450 through 16464, including the obligation to furnish certified payroll records directly to the Division of Labor Standards Enforcement’ s Compliance Monitoring Unit ( CMU), using the CMU’ s electronic certified payroll reporting ( eCPR) system.

Pursuant to the provisions of California Labor Code Section 1773. 2, Consultant is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file in the City's office. Consultant agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at:
http:// www. dir.ca.gov/ dlsr/ DPreWageDetermination. htm.

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

C-180-2023 467

EXHIBIT E
Certificate of Insurance
C-180-2023 468
08/ 21/ 2023
A to Z Insurance Services, LLC
PO Box 1190
Zephyr Cove NV 89448
Elizabeth Fenley
530) 541- 5300
libi@atozins. com
Trella Tahoe Inc
930 Mule Deer Cir
South Lake Tahoe CA 96150
Northfield Insurance Company 27987
State Compensation Insurance Fund 35076
23 Master
A Y WS493708 01/ 24/ 2023 01/ 24/ 2024
1,000, 000
100, 000
5,000
1,000, 000
2,000, 000
2,000, 000
C 9282725 08/ 25/ 2023 08/ 25/ 2024
1,000, 000
1,000, 000
1,000, 000
City of South Lake Tahoe is listed as additional insured with respect to work performed.

City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe CA 96150

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER( S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
A/C, No):

FAX
E- MAILADDRESS:

PRODUCER
A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

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

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

OTHER:

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

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

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

PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON- OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/DD/YYYY) LIMITS(

POLICY EXP(

MM/DD/YYYY) NUMBERTYPE EFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE

AGGREGATE
OCCUR

CLAIMS- MADE
DED RETENTION $

PRODUCTS - COMP/ OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY
MED EXP ( Any one person)

EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

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

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
C-180-2023 469
Form_SCTNID_CTGRY.XX0316ACORD25_ACORD
docindex><index>ACORD</ index></docindex> BDF_PCA

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE
A/C, No, Ext):

FAX
A/C, No):

E-MAIL
ADDRESS:

INSURER( S) AFFORDING COVERAGE NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR
LTR
ADDL

INSD WVDTYPE
SUBR

OF INSURANCE

COMMERCIAL GENERAL LIABILITY

CLAIMS- MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
OTHER:

PROJECT LOC

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS- MADE
DED RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

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

POLICY NUMBER

POLICY EFF POLICY EXP

MM/DD/YYYY)( MM/DD/YYYY) LIMITS

EACH OCCURRENCE

DAMAGE TO RENTED
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
PREMISES ( Ea occurrence)

COMBINED SINGLE LIMIT

PROPERTY DAMAGE
BODILY INJURY ( Per person)
Ea accident)
BODILY INJURY ( Per accident)

AGGREGATE

EACH OCCURRENCE
E.L. EACH ACCIDENT

INSURED
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
PER

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

CERTIFICATE HOLDER CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD 1988- 2015 ACORD CORPORATION. All rights reserved.

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

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

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

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

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
progressivecommercial@email. progressive. com
08/22/2023
1-800-444-4487

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

TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
Progressive Commercial Lines Customer and Agent Servicing 975357476049940586D082223T183416
Progressive Insurance
PO Box 94739, Cleveland, OH 44101
Progressive Express Ins 10193
A X 004149650NN 02/23/2023 08/23/2023
2,000,000
C-180-2023 470
Form_SCTNID_CTGRY.XX0108ACORD101_ACORD
docindex><index>ACORD</ index></docindex> BDF_PCA
Progressive Insurance
004149650
Progressive Express Ins 10193

TRELLA TAHOE INC
930 MULE DEER CIRCLE
SOUTH LAKE TAHO, CA 96150
02/23/2023
AGENCY CUSTOMER ID:

LOC #:

ADDITIONAL REMARKS SCHEDULE Page of
AGENCY

POLICY NUMBER

CARRIER NAIC CODE

NAMED INSURED
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 1 1
Additional Coverages
Insurance coverage( s) Limits………………………………………………………………………………………………………………………… Uninsured/ Underinsured Motorist $ 15, 000/$ 30, 000
Liability coverage may not apply to all scheduled vehicles.

ACORD 101 ( 2008/ 01)
The ACORD name and logo are registered marks of ACORD
2008 ACORD CORPORATION. C-180-All 2023rights reserved. 471 C-180-2023 Trella Tahoe
Final Audit Report 2023- 09-23
Created: 2023- 09-14
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAANMVcS2HHkxGds3E544qsm1vVPpvKhnoL C-180-2023 Trella Tahoe" History
Document created by jo Mcdonough ([email protected]) 2023- 09- 14 - 6:21:55 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 09- 14 - 6:23:52 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 09- 14 - 6:30:19 PM GMT- IP address: 104. 47.64.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 09-14 - 6:39:43 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to Heather Stroud ([email protected]) for signature 2023- 09- 14 - 6:39:45 PM GMT
Email viewed by Heather Stroud ([email protected])
2023- 09- 14 - 9:08:38 PM GMT- IP address: 104. 47.65.254 Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023- 09-14 - 9:13:36 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature
2023- 09- 14 - 9:13:38 PM GMT
Email viewed by cbass@cityofslt. us
2023- 09- 15 - 11:11:07 PM GMT- IP address: 174. 236. 227. 92 Signer [email protected] entered name at signing as Cody Bass 2023- 09- 15 - 11:11:28 PM GMT- IP address: 174. 236. 227. 92 Document e-signed by Cody Bass ([email protected])
Signature Date: 2023- 09-15 - 11:11:30 PM GMT - Time Source: server- IP address: 174. 236. 227. 92 472
Document emailed to phil@trellatahoe. com for signature 2023- 09- 15 - 11:11:32 PM GMT
Email viewed by [email protected]
2023- 09- 16 - 1:48:21 AM GMT- IP address: 108. 147. 93.60 Email viewed by [email protected]
2023- 09- 23 - 4:54:02 PM GMT- IP address: 47.25.112. 101 Signer [email protected] entered name at signing as Phillip Trella 2023- 09- 23 - 4:55:29 PM GMT- IP address: 47.25.112. 101 Document e-signed by Phillip Trella ([email protected]) Signature Date: 2023- 09-23 - 4:55:31 PM GMT - Time Source: server- IP address: 47.25.112. 101 Agreement completed.
2023- 09- 23 - 4:55:31 PM GMT
473
C-230-2024

CITY OF SOUTH LAKE TAHOE
AMENDMENT NO. 1 TO

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

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

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

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

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

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
Cody Bass
Cody Bass (Sep 16, 2024 13:31 PDT)
Phil Trella Phil Trella (Sep 16, 2024 14:05 PDT)
Cody Bass, Mayor Phil Trella, Owner
Business License # 011500
APPROVED AS TO FORM: ATTEST:

Heather Stroud (Sep 11, 2024 16:22 PDT) Susan Blankenship (Sep 11, 2024 11:44 PDT) Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:

By: By:
474
C-230-2024
July 24th, 2024
Philip Trella
930 Mule Deer Circle
South Lake Tahoe, CA 96150
Re: Professional Services Agreement: Snow Removal CPI Adjustment Dear Mr. Trella,
Please be advised, the 2024-2025 Professional Services Agreement forsnow removal has been updated to include the annual CPI increase. The CPI, All Urban, San Francisco-Oakland-HaywardCA was used as the basis for calculating the adjustment.

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

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

Sincerely,
John Dickinson
John Dickinson, C.M.

Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
475
C-230-2024

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
476
C-230-2024
299.690
340.056
298.443
313.265
297.007 295.004 293.150
- 320-
.1
-
95 311.167
--
25 Databases, Tables & Calculators by Subject
Change Output
Options: From: 2014 v To: 2024 v �
l'.i include graphs O include annual
averages
More formottlng optlom-.

O§P-ecial Notices 4/25/2024
Data extracted on: August 20, 2024 (1:13:55 PM)
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUURS498SA0
Not Seasonally Adjusted
Series Title:

Area:

Item:

Base Period:

All items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted San Francisco-Oakland-Hayward, CA
All items
1982-84=100
2014 2015 2el6 2017 2018 2019 2020 2021 2e22 2023
Year
Download: £1!1.xlsx
I Year
-·-
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
--
Annual HALF1
�
HALF2
2014 248.615 251.495 253.317 253.354 254.503 252.273 251.985 250.507 253.463 2015 254.910 257.622 259.117 259.917 261.019 260.289 258.572 256.723 260.421 2016 262.600 264.565 266.041 267.853 270.306 269.483 266.344 263.911 268.777 2017 271.626 274.589 275.304 275.893 277.570 277.414 274.924 273.306 276.542 477
Created: 2024-09-11
By:

Status:

Transaction ID:

Michelle Davis ([email protected])
Signed
CBJCHBCAABAAjRV7vjUPLssf_oD0I2NtoRLlONke2TRC
C-230-2024 Trella Tahoe Amendment 1
Final Audit Report 2024-09-16
"C-230-2024 Trella Tahoe Amendment 1" History
Document created by Michelle Davis ([email protected]) 2024-09-11 - 6:37:59 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024-09-11 - 6:38:07 PM GMT
Email viewed by Susan Blankenship ([email protected]) 2024-09-11 - 6:44:39 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024-09-11 - 6:44:48 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2024-09-11 - 6:44:50 PM GMT
Email viewed by Heather Stroud ([email protected])
2024-09-11 - 11:22:18 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2024-09-11 - 11:22:28 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024-09-11 - 11:22:31 PM GMT
Email viewed by Cody Bass ([email protected])
2024-09-16 - 8:30:56 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024-09-16 - 8:31:14 PM GMT - Time Source: server Document emailed to [email protected] for signature
2024-09-16 - 8:31:19 PM GMT
478
Email viewed by [email protected]
2024-09-16 - 9:04:34 PM GMT
Signer [email protected] entered name at signing as Phil Trella 2024-09-16 - 9:05:47 PM GMT
Document e-signed by Phil Trella ([email protected]) Signature Date: 2024-09-16 - 9:05:49 PM GMT - Time Source: server Agreement completed.
2024-09-16 - 9:05:49 PM GMT
479
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 23,
2025
Agenda Item #:11
Agenda Item: Amendment No. 2 to Agreement with Building Services of CA and NV, LLC, for Custodial Services for Bellamy Garage and City Hall/Airport Terminal Executive Summary: Staff is requesting City Council approve the Amendment to the Agreement with Building Services of CA and NV, LLC for Custodial Services at City Hall/Airport and Bellamy Parking Garage. This amendment to the custodial contract will extend the agreement for one year provide the necessary routine cleaning and maintenance needed year-round. The total amount of this contract will not exceed $111,772.00 for year three, to be adjusted annually by the Consumer Price Index. This amendment is for a one-year term with two possible one-year extension remaining.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute Amendment No. 2 to Agreement with Building Services of CA and NV, LLC (dba Sunwest), for Custodial Services for Bellamy Garage and City Hall/Airport Terminal, extending the Agreement for one year for an amount not to exceed $111,772.00, including $5,000.00 contingency.

Responsible Staff Member: Milan Jevic, Interim Airport Manager Reviewed and Approved By: John Dickinson, Interim Public Works Director Susan Blankenship, City Clerk Olga Tikhomirova, Finance Director Heather Stroud, City Attorney Attachments:
01-Staff Report-Amendment No. 2 to Agreement for Custodial Services.docx 02 - Amendment No. 02 to PSA 2025-2026.docx
03-C-231-2024 Sunwest Amendment #1.pdf
04-C-224-2023 Custodial Services Agreement for Bellamy Garage and City Hall.pdf 480
Council Agenda Report September 23 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: September 23, 2025
Title: Amendment No. 2 to Agreement with Building Services of CA and NV LLC for Custodial Service at City Hall/Airport
Location: City Hall/Airport and Bellamy Parking Garage
Responsible Staff Member: Milan Jevic, Interim Airport Manager Background: The City issued a Request for Proposal on August 25th, 2023, for custodial services from October 17, 2023, to September 30, 2024, with the ability to extend up to four years, at the sole discretion of the City. This service includes cleaning, disinfecting, and removing the entry/exit snow from City Hall/Airport and Bellamy Parking Garage. The Project was advertised on Planet Bids. Twenty-three prospective responded to the RFP.

Issue and Discussion: The City awarded Building Services CA and NV LLC the contract in 2023 with four possible one-year extensions. The contract is up on September 30th, 2025, and needs to be amended to extend the term for one year for FY 25-26. This contract has a CPI annual increase at 4.5%, with the total contract values as follows:
 City Hall/Airport Custodial Services: $47,100.00
 Bellamy Parking Garage Custodial Services: $55,140.00  Snow Removal at Bellamy Parking Garage: $4,524.00.
 Contingency: $5,000.00
Financial Implications: The Custodial Contract with Building Services CA and NV LLC will be funded through the Airport Custodial account 501-05120-43023 with an available FY 2025/2026 budget of $50,000 and Parking Garage Operations Contract Services account 520-05320-42025 with an available FY 2025/2026 budget of $100,000. This contract will not exceed $111,772.00 for the new fiscal year.

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

Policy Implications: These services will provide the necessary custodial services to keep these two facilities in an acceptable and professional manner. 481

CITY OF SOUTH LAKE TAHOE

AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
This Amendment to the Professional Services Agreement between the City of South Lake Tahoe, a municipal corporation ("City"), and Building Services of CA & NV LLV. Dba: Sunwest ("Consultant") is entered into and effective as of the 1st day of October 2025, extending and amending the Professional Services Agreement ("Agreement") dated October 17th, 2023.

RECITALS
A. On October 17th, 2023, the City entered into the Agreement with Consultant Building Services of CA & NV LLC. dba: Sunwest for custodial services at the Lake Tahoe Airport and Bellamy Parking Garage.

B. The Parties now desire to alter the Agreement's Term and Compensation to allow Consultant additional time to complete the Scope of Services.

AGREEMENT
Section 2 of the Agreement is hereby amended such that the Term is extended for one year to end on September 30th, 2026.

Section 3 and Exhibit B of the Agreement is hereby amended such that the Compensation for FY25-26, beginning on October 1, 2025 is set an amount not to exceed $106,771.83, as set forth on the amended Exhibit B attached hereto.

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Tamara Wallace, Mayor Alfonso Juarez

Business License #: 309976

APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:
482
August 5
th, 2025
Alfonso Juarez
2560 Fieldcrest Dr.

South Lake Tahoe, CA 96150
Re: Professional Services Agreement: Custodial Services Dear Mr. Juarez,
Please be advised, the 2025-2026 Professional Services Agreement for custodial services and snow removal has been updated to include the annual CPI increase. The CPI, All Urban, San Francisco-Oakland-Hayward-CA was used as the basis for calculating the adjustment.

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

Annual CPI for the period ending June 2025 356.460
Less CPI for previous period ending June
2024
341.064
Equals index point change 15.396
Divided by previous 12-month reporting
period
341.064
Equals 0.045146
Result multiplied by 100 4.515
Equals percent change= 4.515% increase
(rounded three spaces per contract)
If you have any questions or concerns, please do not hesitate to contact the Airport Manager.

Sincerely,
Milan Jevic
Milan Jevic, C.M.

Interim Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
483

EXHIBIT B

SCHEDULE OF CHANGES AND TIMELINE
BUDGET
Description Bid
Proposal

4.5% Annual CPI
Increase
Airport/City Hall
1901 Lisa Maloff Way
$3,756.00/month $3,925.00/month
City Parking Garage Janitorial
1 Bellamy Court
$4,397.00/month $4,595.00/month
City Parking Garage Snow Removal
1 Bellamy Court
$361/month $377.00/month
Hourly Rate for Optional Services $35.00/hr $35.00/hr
 TOTAL ESTIMATED ANNUAL FEES (NOT

TO EXCEED)
$102,168.00 $106,772.00
484
485

CITY OF SOUTH LAKE TAHOE
AMENDMENT NO. 1 TO

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

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

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

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

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

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

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Alfonso Juarez
Business License # 309976
APPROVED AS TO FORM: ATTEST:

Heather Stroud, City Attorney Susan Blankenship, City Clerk CITY SEAL:

C-231-2024
Susan Blankenship ( Sep 11, 2024 13:15 PDT) Heather Stroud ( Sep 11, 2024 16:19 PDT) Cody Bass ( Sep 16, 2024 13:32 PDT)
Cody Bass
Alfonso Juarez ( Sep 17, 2024 09:21 PDT)
Alfonso Juarez
486
August 20th, 2024
Alfonso Juarez
2560 Fieldcrest Dr.

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

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

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

Sincerely,
John Dickinson
John Dickinson, C.M.

Airport Manager
1901 Lisa Maloff Way, Suite 100
South Lake Tahoe, CA 96150
C-231-2024 487

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Description Bid
Proposal

3.2% Annual CPI
Increase
Airport/ City Hall
1901 Lisa Malo Way
3,640.00/month $ 3,756.00month
City Parking Garage Janitorial
1 Bellamy Court
4,260.50/month $ 4,397.00/ month
City Parking Garage Snow Removal
1 Bellamy Court
350/ month $ 361/ month
Hourly Rate for Optional Services $ 35.00/ hr $ 35.00/ hr

TOTAL ESTIMATED ANNUAL FEES ( NOT

TO EXCEED)
99,006.00 $ 102,168.00
Cost forYears 2 to 5will be escalated by CPI each year, including optional hourly rates and therefore, no additional compensation willbe allowed. The undersigned has carefully checked all the above gures and understands that the City Council and the City ofSouth Lake Tahoe willnot be responsible for any errors or omissions on the part of the undersigned in making this proposal.

SPECIAL CLEANINGS:

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

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

TOTAL ANNUAL FIXED PRICE:
2,000.00 starting October1st, 2024, through September 30, 2025 Notes: Billing to be invoiced Monthly on the 1st of the month starting the 1st of November 2024
The City reserves the right to amend the contract scope of work at any time during the contract period to respond to the evolving COVID-19 Pandemic. This includes increasing the scope of work, changing cleaning schedules, or conversely reducing the scope of work depending on conditions and/ or recommendation from Federal, Stateor County Public Health ocials. C231- 2024 488 C-231-2024 489
C-231-2024 Sunwest Amendment 1
Final Audit Report 2024- 09-17
Created: 2024- 09-11
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAtZBvmVlPLY4qwllLohLn2y14z0I0d6Kk C-231-2024 Sunwest Amendment 1" History
Document created by Michelle Davis ([email protected]) 2024- 09- 11 - 8:13:09 PM GMT
Document emailed to Susan Blankenship ([email protected]) for signature 2024- 09- 11 - 8:13:18 PM GMT
Email viewed by Susan Blankenship ( sblankenship@cityofslt. us) 2024- 09- 11 - 8:15:09 PM GMT
Document e-signed by Susan Blankenship ([email protected]) Signature Date: 2024- 09-11 - 8:15:18 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2024- 09- 11 - 8:15:19 PM GMT
Email viewed by Heather Stroud ([email protected])
2024- 09- 11 - 11:19:38 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2024- 09-11 - 11:19:48 PM GMT - Time Source: server Document emailed to Cody Bass ([email protected]) for signature 2024- 09- 11 - 11:19:50 PM GMT
Email viewed by Cody Bass ( cbass@cityofslt. us)
2024- 09- 16 - 8:32:05 PM GMT
Document e-signed by Cody Bass ([email protected])
Signature Date: 2024- 09-16 - 8:32:21 PM GMT - Time Source: server Document emailed to Alfonso Juarez ([email protected]) for signature 2024- 09- 16 - 8:32:25 PM GMT
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Document e-signed by Alfonso Juarez ([email protected]) Signature Date: 2024- 09-17 - 4:21:16 PM GMT - Time Source: server Agreement completed.
2024- 09- 17 - 4:21:16 PM GMT
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 17TH day of October 2023 by and between the City of South Lake Tahoe, a municipal corporati7on (“ City”) and Building Services of CA & NV, LLC. dba: Sunwest (“ Consultant”).

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

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

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

AGREEMENT

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

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

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

2. Term/ Time of Performance. The services by consultant are to commence upon the execution of the Agreement and continue from October 17th, 2023, to September 30th, 2024, with the ability to extend up to four ( 4) additional years, at the sole discretion of the City. This contract will commence on the date the agreement is approved and awarded by City Council. Cost of Years 2 to 5 will be escalated by CPI each year, including optional hourly rates.

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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’ s compensation, including travel and out-of-pocket expenses, exceed $ 101,580.00 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

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

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

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

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

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

7. Ownership of Documents. All plans, studies, documents, and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’ s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

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

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

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.

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and, b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [ FPPC Reg. 18700(a) (2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’ s field of expertise.

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

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

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 C-224-2023 495
and approvals which are legally required of Consultant to practice its profession.

Consultant shall maintain a City of South Lake Tahoe business license at all times services is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees, and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’ s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’ s negligent acts, errors, omissions, regarding this Agreement, the Consultant’ s work under this Agreement, or the consultant’ s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

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

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

15. Insurance Requirements.
a. Consultant, at Consultant’ s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance for his/ her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’ s Liability Insurance in accordance C-224-2023 496
with the laws of the State of California for all the subcontractor’ s employees.

Any notice of cancellation of all
Workers’ Compensation policies must be received by City at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($ 1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non- owned vehicles, in an amount of not less than one million dollars ($ 1,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’ s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds under Consultant’ s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the C-224-2023 497
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’ s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents, or volunteers.
vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’ s insurance policies. The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

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

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
If to Consultant: Attn: Alfonzo Juarez, Owner
2560 Fieldcrest Dr.

Carson City, NV 89701
Email: [email protected]

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City.

Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.

Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

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

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

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

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

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i. Will receive a copy of the Consultant’ s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’ s statement as a condition of employment on this Agreement.

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

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

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

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

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

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

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

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

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

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

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By: By:

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

APPROVED AS TO FORM:

By:

Heather Stroud, City Attorney Date
ATTEST:

By:

Susan Blankenship, City Clerk Date
Attachments:

Exhibit A Janitorial Agreement Scope of Services
Exhibit B Compensation
Exhibit C Anti-Lobbying Certification
Exhibit D Janitorial Services Agreement Cleaning Schedule Exhibit E Cleaning Area Location Map
Exhibit F Cleaning Equipment Inventory List
Exhibit G Displaced Janitor Opportunity Act
Exhibit H Payment and Performance Bonds
Exhibit I Proof of Insurance Certificate Documents
Exhibit J Prevailing Wage
C-224-2023
309976
Sue Blankenship ( Nov 15, 2023 14: 35 PST)
Nov 15, 2023
Heather Stroud ( Nov 15, 2023 14:45 PST)
Nov 15, 2023
Cristi Creegan ( Nov 15, 2023 15:28 PST)
Cristi Creegan
Nov 15, 2023
Alfonso Juarez ( Nov 20, 2023 13: 42 PST)
Alfonso Juarez
Nov 20, 2023
503

EXHIBIT A

SCOPE OF SERVICES
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C-224-2023 505
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C-224-2023 507
C-224-2023 508

EXHIBIT B

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

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

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

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

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

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

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

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

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

Consultant:

By: Date:

Alfonso Juarez
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Alfonso Juarez ( Nov 20, 2023 13: 42 PST)
Alfonso Juarez
Nov 20, 2023
510

EXHIBIT D

CUSTODIAL SERVICES
FOR

LAKE TAHOE AIRPORT TERMINAL/ CITY HALL
AND

BELLAMY GARAGE

CLEANING SCHEDULE
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EXHIBIT E
Location of Areas that Require Custodial Services under this Contract C-224-2023 514

EXHIBIT F
Janitor Equipment List Supplied By
City of South Lake Tahoe
Quantity Item Condition
2 Mops and Mop Buckets Good
2 Small Brooms & Dust Pans Good
1 Commercial Upright Vacuum Clean Good
2 Handheld Vacuum Good
1 Window Washer w/ Squeegee Good
1 Push Dust Broom Fair
1 Small Squeegee Good
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EXHIBIT G

DISPLACED JANITOR OPPORTUNITY ACT
California Labor Code
Division 2 Employment Regulation and Supervision
Part 3 Privileges and Immunities
Chapter 4.5 Displaced Janitor Opportunity Act
Sections 1060- 1065
1060. The following definitions shall apply throughout this chapter:
a) "Awarding authority" means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services.
b) "Contractor" means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority.
c) "Employee" means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. " Employee" does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act. d) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. e) "Service contract" means any contract that has the principal purpose of providing services through the use of service employees.
f) "Subcontractor" means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. g) "Successor service contract" means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the C-224-2023 516
termination of a predecessor service contract shall be considered a "successor service contract" if its execution was delayed for the purpose of avoiding application of this chapter. 1061. (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination.
2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. 3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor.
b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee' s performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter.
2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee' s primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. Nothing in this section requires the successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor.
3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification.
c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor' s employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained.

C-224-2023 517
d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor' s or terminated subcontractor' s employees have been offered employment with the successor contractor or successor subcontractor.
e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee. f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee' s performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause.
1062. (a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following:
1) The average regular rate of pay received by the employee during the last three years of the employee' s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee' s employment.
2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter.
c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney' s fees and costs as part of the costs recoverable. d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation.
1063. (a) This chapter only applies to contracts entered into on or after January 1, 2002. b) Except for the obligations specified in subdivisions ( a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees.

C-224-2023 518
c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner' s or awarding authority' s own employees.
1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter.
1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity.

C-224-2023 519

EXHIBIT G

JANITORIAL SERVICES BOND REQUIREMENTS

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

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

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

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

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

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

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

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

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

E. PROCUREMENT OF BONDS:

1. All bonds required under this section, shall be procured from a California licensed and admitted surety company, listed by the Fiscal Service of The United C-224-2023 520
States Department of the Treasury under the Notice for " Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", current on the date of the notice of award.

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

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

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

H. SIGNATURES REQUIRED ON BONDS:

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

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

I. COST OF BOND ACQUISITION:

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

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

C-224-2023 521
C-224-2023 522
C-224-2023 523
C-224-2023 524

EXHIBIT I

COPY OF INSURANCE
C-224-2023 525
C-224-2023 526
9/ 25/ 2023
California Southwestern Insurance Agency
License Number 0443354
25 Orchard, Suite 100
Lake Forest CA 92630
Veronica Vazquez, CISR
949) 472- 6560 ( 949) 588- 8348
vvazquez@csia- ins. com
Building Services of CA and NV, LLC
DBA Sun West
P. O. Box 9027
South Lake Tahoe CA 96158
Scottsdale Insurance Company 41297
Ohio Security Insurance
Evanston Insurance Company 35378
GL, AUTO & EXCESS 23- 24
A
X
X
X
CPS7725394 1/ 30/ 2023 1/ 30/ 2024
1, 000, 000
100, 000
5, 000
1, 000, 000
2, 000, 000
2, 000, 000
B
X
X
X
BAS57787557 1/ 30/ 2023 1/ 30/ 2024
1, 000, 000
C X
X
X 10, 000 EZXS3103745 1/ 30/ 2023 1/ 30/ 2024
4, 000, 000
4, 000, 000
City of South Lake Tahoe it' s officers, directors and employees are included as additional insured where required by written contract per the attached endorsement CG 20 38 12 19 with respects to general liability only. Primary & Non- Contributory Wording and Waiver of Subrogation are in favor of the additional insured where required by written contract per the attached endorsements CG 20 01 12 19 and CG 24 04 12 19 with respects to general liability only.

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

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

ACORD 25 ( 2014/ 01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

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

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY
PREMISES ( Ea occurrence)$

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

RETENTIONDED

CLAIMS-MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

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

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(

MM/DD/YYYY)

POLICY EXP(

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

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

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS
OWNEDAUTOSAUTOS NONAUTOS

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

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

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

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACTNAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER( S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INS025 (201401)
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CPS7725394

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

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

UNITED STATES
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EXHIBIT J
Prevailing Wages Required. Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, Consultant, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Consultant must comply with all applicable requirements of the California Labor Code, including, without limitation, all requirements set forth in Division 2, Part 7, Chapter 1. Attention is specifically directed to the following sections of the California Labor Code: Prevailing Wage Requirements (§§ 1771. 5 and 1776); Apprentices (§ 1777. 5); Working Hours (§§ 1810 to 1815); Workers’ Compensation (§ 1860); and Protection of Workers in Trench Excavations (§§ 6705 and 6707). In accordance with Labor Code section 1771. 5, that the Project is subject to monitoring and enforcement by the Department of Industrial Relations pursuant to 8 Cal. Code Reg. §§ 16450 through 16464, including the obligation to furnish certified payroll records directly to the Division of Labor Standards Enforcement’ s Compliance Monitoring Unit ( CMU), using the CMU’ s electronic certified payroll reporting ( eCPR) system.

Pursuant to the provisions of California Labor Code Section 1773. 2, Consultant is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Agreement, are on file in the City's office. Consultant agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at:
http:// www. dir.ca.gov/ dlsr/ DPreWageDetermination. htm.

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

C-224-2023 532
C-224-2023 Custodial Services Agreement for
Bellamy Garage and City Hall
Final Audit Report 2023- 11-20
Created: 2023- 11-15
By: Michelle Davis ( medavis@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAkptLcWq4xIPmCAkqEugVrwexn7oAunhi C-224-2023 Custodial Services Agreement for Bellamy Garage and City Hall" History
Document created by Michelle Davis ([email protected]) 2023- 11- 15 - 10:32:04 PM GMT
Document emailed to Sue Blankenship ([email protected]) for signature 2023- 11- 15 - 10:34:02 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2023- 11- 15 - 10:35:10 PM GMT
Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 11-15 - 10:35:23 PM GMT - Time Source: server Document emailed to Heather Stroud ([email protected]) for signature 2023- 11- 15 - 10:35:25 PM GMT
Email viewed by Heather Stroud ([email protected])
2023- 11- 15 - 10:37:08 PM GMT
Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023- 11-15 - 10:45:48 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023- 11- 15 - 10:45:50 PM GMT
Email viewed by ccreegan@cityofslt. us
2023- 11- 15 - 11:28:14 PM GMT
Signer [email protected] entered name at signing as Cristi Creegan 2023- 11- 15 - 11:28:28 PM GMT
533
Document e-signed by Cristi Creegan ( ccreegan@cityofslt. us) Signature Date: 2023- 11-15 - 11:28:30 PM GMT - Time Source: server Document emailed to Alfonso Juarez ([email protected]) for signature 2023- 11- 15 - 11:28:32 PM GMT
Email viewed by Alfonso Juarez ([email protected]) 2023- 11- 15 - 11:32:47 PM GMT
Document e-signed by Alfonso Juarez ([email protected]) Signature Date: 2023- 11-20 - 9:42:50 PM GMT - Time Source: server Agreement completed.
2023- 11- 20 - 9:42:50 PM GMT
534
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: September 23,
2025
Agenda Item #:12
Agenda Item: Professional Service Agreement with CREDE Construction Advisory, LLC for On-call Labor Compliance Specialist Services
Executive Summary: The City of South Lake Tahoe must ensure prevailing wage and labor law compliance on all public works projects. These requirements are complex and time-intensive, often necessitating consultant support. To provide coverage for the 2025–2028 Capital Improvement Program, the City issued an RFP on July 24, 2025, for on-call labor compliance consulting services.

Eight proposals were received, and CREDE Construction was selected as the most qualified firm.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute the Professional Services Agreement with CREDE Construction Advisory, LLC for on-call labor compliance consulting services for a not to exceed amount of $400,000.

Responsible Staff Member: Lilian Iverson, Engineering Technician Reviewed and Approved By: John Dickinson, Interim Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01 Staff Report - Labor Compliance Specialist.docx
02 Labor Compliance PSA.pdf
535
Council Agenda Report September 23, 2025 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: September 23, 2025
Title: PSA for On-Call Labor Compliance Specialist Services Location: Citywide
Responsible Staff Member: John Dickinson, Interim Public Works Director, (530) 542-6182 Background:

The Public Works Department routinely manages and delivers a variety of capital construction projects. As part of these projects, the City is required to ensure that all workers are paid prevailing wages in compliance with applicable state and federal labor laws. Many of these workers are affiliated with labor unions, which also imposes additional requirements related to training and benefit contributions that must be followed throughout construction.

Oversight of these labor compliance obligations is detailed and time-intensive, often requiring specialized expertise. This administrative burden can limit the availability of City staff to focus on core engineering and construction management responsibilities.

To support ongoing and upcoming capital improvement projects planned for the 2025 through 2028 construction seasons, the City intends to continue retaining on-call labor compliance support through a qualified consultant. Willdan Engineering currently provides these services under an agreement that remains in effect through December 31, 2025.

Issue and Discussion:

On July 24, 2025, the Public Works Department issued a Request for Proposals (RFP) for oncall labor compliance consulting services to support public works construction projects subject to oversight by the California Department of Industrial Relations (DIR). The RFP was advertised via PlanetBids for a period of four weeks. At the conclusion of the solicitation period, eight proposals were received.
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Council Agenda Report September 23, 2025 Page 2 of 3
Table A below lists the firms that submitted qualifications.

Firm Location
1 MVN & Associates Rancho Cucamonga, CA
2 Willdan Engineering Roseville, CA
3 The Solis Group Pasadena, CA
4 Labor Compliance Pros Warren, OH
5 STV Construction Folsom, CA
6 Cumming Group Roseville, CA
7 CREDE Construction Irvine, CA
8 Facility Development Group Millcreek, UT
Table A – Firms submitting Proposals
Each proposal was reviewed and evaluated by a four-member panel consisting of staff from the Accounting and Public Works Departments. Evaluators independently scored each proposal based on the criteria outlined in the RFP, and the cumulative scores were used to determine the final rankings.

Table B below lists the scoring/rank.

Rank Firm Cumulative Score
1 CREDE Construction 370
2 The Solis Group 353
3 MVN & Associates 319
4 Cumming Group 316
5 Willdan Engineering 315
6 STV Construction 243
7 Labor Compliance Pros 241
8 Facility Development Group 215
Table B – Cumulative Score and Rank
Following the review and evaluation process, staff determined that CREDE Construction demonstrated a strong understanding of the City’s labor compliance needs and is qualified to provide the necessary services.

The proposed agreement with CREDE Construction will establish a three-year on-call contract for labor compliance support. This structure will allow the City to issue individual work orders as construction projects begin, streamlining the contracting process and avoiding the need to conduct separate procurements for each project.

Financial Implications:

CREDE Construction has submitted a cost schedule as outlined in the Professional Services Agreement (PSA). The contract will have a not-to-exceed amount of $400,000. Individual task orders will be funded on a project-by-project basis, with each construction project responsible for the cost of its own labor compliance services as funds become available. 537
Council Agenda Report September 23, 2025 Page 3 of 3
This contract will be utilized exclusively for projects that have allocated and approved budgets. No task orders or work authorizations will be issued for projects lacking appropriate budget authorization, ensuring alignment with approved funding allocations.

Environmental Considerations:

There are no environmental impacts specific to this agreement. All construction projects assigned under this contract will have already completed the appropriate environmental review in accordance with CEQA, NEPA, or TRPA, as applicable to each project.

Policy Implications:

Execution of this agreement supports the City’s responsibility to ensure full compliance with state and federal labor regulations, including requirements set by the California Department of Industrial Relations, U.S. Department of Labor, and the Public Contract Code. The agreement will also support the City’s ability to efficiently manage labor compliance activities without overextending internal staff resources.

This contract also aligns with several of the City’s strategic priorities. It promotes Efficient Government by streamlining labor oversight processes and supporting improved worker safety. It furthers the City’s commitment to the Ability for Everyone Who Works Here to Live Here by reinforcing equitable labor practices, ensuring wage compliance, and maintaining fair and lawful working conditions.
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 23rd day of September 2025 by and between the City of South Lake Tahoe, a municipal corporation (“City”) and CREDE Construction Advisory, LLC (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,” attached hereto and incorporated herein by reference. Exhibit A also outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue through December 31, 2028.
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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 $400,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

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

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

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

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

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. 540

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Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 541

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9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

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

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

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material 542

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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 costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, 543

C-XXX-XXXX
omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

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

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
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ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this 545

C-XXX-XXXX
Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has 546

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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: CREDE Construction Advisory, LLC
18301 Von Karman Avenue, Suite 510
Irvine, CA 92612
Provide a copy to: Colby Durnin
18301 Von Karman Avenue, Suite 510
Irvine, CA 92612
[email protected]

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

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
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19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

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

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

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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). 548

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

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

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

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

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

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: CREDE Construction By___________________________ By ________________________________ Tamara Wallace, City Mayor Colby Durnin, CEO/Manager
Date __________________________ Date _____________________________ Business License # _________________
APPROVED AS TO FORM:

By____________________________ Date ______________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services and Compensation
Exhibit B – Anti-Lobbying Certification
Exhibit C – Certificate of Insurance (COI)
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EXHIBIT A

SCOPE OF SERVICES AND COMPENSATION
552
18301 Von Karman Ave, Suite 510 Irvine, CA 92612 | (949) 542-4400 www.credegroup.com

CREDE CONS TRUCT ION

ADVI SORY , L LC
1 8 3 0 1 VON KARMAN AVENUE
SUI T E 5 1 0
IRVINE , CA 9 2 6 1 2
( 9 4 9 ) 5 4 2 - 4 4 0 0

LABOR COMPL IANCE
S ERVICE S 2 0 2 5 - 2 0 2 8
RFP 0 8 - 2 6 - 2 0 2 5
PRE PARED FOR:
553
August 26, 2025
Director of Public Works
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Re: Proposal for Labor Compliance Services 2025–2028 – RFP #08-26-2025 Dear Director of Public Works,
On behalf of CREDE Construction Advisory, LLC (CREDE), I am pleased to submit our proposal in response to the City of South Lake Tahoe’s Request for Proposals for Labor Compliance Services for 2025–2028. We appreciate the opportunity to support the City’s ongoing public works program and are enthusiastic about the possibility of partnering with your team to ensure compliance with all applicable labor laws and regulations.

CREDE’s Labor Compliance team is well-prepared to collaborate with City staff to deliver thorough, responsive, and effective compliance monitoring services. With over 12 years of experience, our success is built on a deep understanding of regulatory requirements and a proven ability to assemble the right expertsto execute each project with precision, integrity, and efficiency.

We hereby affirm that our proposal shall remain valid for a period of no less than 150 calendar days from the date of submittal, as required by the RFP.

This proposal issubmitted by the undersigned, who is authorized to bind the firm to the terms and conditions outlined herein.

Thank you for your consideration. We look forward to the opportunity to support the City of South Lake Tahoe on this important initiative.

Sincerely,
Colby Durnin
CEO/Manager
CREDE Construction Advisory, LLC
Phone: (619) 890-5756
Email: [email protected]
| 01
Firm Identification
CREDE Construction Advisory, LLC
18301 Von Karman Avenue, Suite 510
Irvine, CA 92612
Phone: (949) 542-4400
Website: https://www.credegroup.com
Federal Tax ID Number: 84-2233522
Authorized Representative
Colby Durnin
CEO/Manager
18301 Von Karman Avenue, Suite 510
Irvine, CA 92612
Phone: (619) 890-5756
Email: [email protected]
Proposal Contact
Chantel Shore
Director of Labor Compliance
16800 Aston Street, Suite 20
Irvine, CA 92606
Phone: (253) 355-9306
Email: [email protected]
CITY OF SOUTH LAKE TAHOE | LABOR COMPLIANCE SERVICES - RFP 08-26-2025 554

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