Bid Notice-Fire Station _3 Construction Management Owner_s Representative Services - City of South Lake Tahoe.pdf

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

Request for Proposal (RFP) for

FIRE STATION #3 CONSTRUCTION MANAGEMENT /

OWNER’S REPRESENTATIVE SERVICES

The City of South Lake Tahoe, California

RFP No. 26-3016007-CM

Proposal Due By:

Branden Gardella BGardella@cityofslt.gov Project Manager

(530) 318-0408

July 17th, 2026

1740 D Street

South Lake Tahoe, CA 96150

PROPOSAL SUBMISSION INSTRUCTIONS

Proposal Due Date and Time: July 17, 2026, no later than 5:00 p.m. Pacific Daylight Time.

To support a qualifications-based selection process, proposals shall be submitted in two parts:

1. Technical Proposal – Items A, B, C, and D (Electronic Submission – Required) Submit one electronic copy (PDF format) of Items A-D via the City’s PlanetBids portal, Attn: Branden

Gardella, Project Manager.

Electronic submissions must be received no later than the proposal due date and time stated above.

Use the following file naming convention:

[Firm Name]_FireStation3_CMProposal.pdf

2. Fee Proposal – Item E (Sealed Envelope – Required) Submit Item E (Fee Proposal) in a separate, sealed envelope. Clearly mark the exterior of the envelope as follows:

SEALED FEE PROPOSAL RFP No. 26-3016007-CM Fire Station #3 Construction

Management / Owner’s Representative Services [Proposer Firm Name] CONFIDENTIAL –

DO NOT OPEN WITH TECHNICAL PROPOSAL TO BE OPENED ONLY AFTER

QUALIFICATIONS-BASED RANKING.

Deliver the sealed Fee Proposal envelope to: Department of Public Works City of South Lake

Tahoe 1740 D Street South Lake Tahoe, CA 96150 Attn: Branden Gardella, Project Manager

The sealed Fee Proposal must be received by the same deadline as the electronic technical proposal.

Evaluation and Fee Negotiation Process: The City will evaluate and rank all timely proposals solely on Items A–D using the criteria in Section 5. Item E will remain sealed and unopened until the City has identified the highest-ranked proposer(s) based on qualifications, approach, and experience.

After selection of the top-ranked firm, the City will open the sealed Fee Proposal for only the selected firm and may negotiate the proposed fee, scope details, and contract terms. This process allows the City to select the most qualified consultant first and then negotiate a fair and reasonable fee consistent with professional services procurement best practices. If negotiations are unsuccessful, the City may proceed to the next-ranked firm.

General Requirements

• Proposals (technical portion) must remain valid for 180 days from the due date.

• Any hard-copy proposal, if submitted, must contain the Fee Proposal in a separate sealed inner envelope meeting the labeling requirements above.

• Late proposals will not be accepted. It is the proposer’s sole responsibility to ensure timely delivery of both the electronic technical proposal and the sealed fee proposal.

• Sealed envelopes must clearly bear the project name and RFP number on the exterior.

Questions must be submitted in writing via PlanetBids by June 26, 2026. Addenda will be posted on the submission portal.

1. INVITATION TO SUBMIT PROPOSALS

The City of South Lake Tahoe (“City”) invites qualified firms to submit proposals for

Construction Management and Owner’s Representative Services for the Fire Station #3 project.

The selected Consultant will serve as the City’s trusted advisor and project leader, providing comprehensive services from pre-design through construction closeout.

Nomenclature: Terms such as proposer, consultant, offeror, contractor, and vendor may be used interchangeably and refer to the submitting firm.

The City of South Lake Tahoe does not discriminate on the basis of race, color, religion, sex, age, disability, national origin, or any other protected class and is committed to diversity, equity, and inclusion.

2. INTRODUCTION AND PROJECT BACKGROUND

The City of South Lake Tahoe, located in the scenic Lake Tahoe Basin, is initiating the design and construction of Fire Station #3. This project will deliver a new, modern fire station to support the operational needs of the South Lake Tahoe Fire Department and enhance emergency response capabilities throughout the community. The new station will be built on newly acquired property on Lake Tahoe Boulevard, directly adjacent to the existing Fire Station #3.

The City of South Lake Tahoe is seeking proposals from qualified firms to provide Owner’s

Representative (OR) / Construction Management services. The selected Consultant will serve as the City’s trusted advisor and project leader, providing comprehensive support from pre-design through construction closeout. These services are critical to ensuring the successful delivery of a high-quality, operationally efficient, and fiscally responsible facility.

This RFP seeks submissions from interested and qualified firms capable of delivering the requested services. Proposals must demonstrate the firm’s resources, competency, and relevant experience in providing similar owner’s representative and construction management services for public safety facilities. Evidence of successful performance on projects of comparable scope, complexity, and regulatory environment, along with local availability of key personnel, will be important factors in the selection process.

Project Vision

The City’s primary focus for Fire Station #3 is firefighter mental and physical health & wellness.

The City hopes to achieve this through new construction of a modern, high-performance facility that strengthens emergency response capabilities and operational effectiveness, while providing the attention to detail necessary to focus on holistic wellness of the staff who will utilize it. The station will be developed in harmony with the unique environmental, scenic, and regulatory context of the Lake Tahoe Basin, maximizing efficient use of the site while allowing for future operational flexibility and expansion.

Key project objectives include:

• Operational Excellence: Design and construct a high-performance fire station that will house an Engine Company operating 24 hours a day, seven days a week, with dedicated space for ambulatory services, equipment, and associated personnel. The station will also provide secure access, storage, and maintenance capabilities for additional engines, heavy rescue equipment, and specialized apparatus, while supporting ongoing firefighter training activities.

• Staff Wellness & Mental Health: Incorporate intentional design elements that support firefighter mental health and wellness, including quiet rest areas, natural lighting, outdoor respite spaces, and other features that mitigate the stresses of 24/7 emergency response operations.

• Scalability and Flexibility: Incorporate operational flexibility and future expansion capacity to accommodate evolving service demands, increased staffing, and new emergency response programs over the facility’s lifecycle.

• Quality, Efficiency, and Fiscal Responsibility: Deliver a high-quality, operationally efficient, and fiscally responsible facility that fully meets the current and anticipated needs of the City while optimizing life-cycle costs and long-term value to the community.

• Environmental and Contextual Sensitivity: Ensure the project is context-sensitive and harmoniously integrates with the unique environmental, scenic, and regulatory character of the Lake Tahoe Basin, respecting Tahoe Regional Planning Agency (TRPA) scenic quality standards, Stream Environment Zones (SEZ), land coverage requirements, and the basin’s sensitive ecosystems.

• Site Optimization: Maximize the efficient use of the site while maintaining operational functionality, emergency access, and opportunities for future development or adaptive reuse.

• Fire-Hardened Design & Resilience: Deliver a wildfire-resilient, fire-hardened facility using robust materials, enhanced defensible space, ignition-resistant construction, and other protective measures appropriate for the high-risk wildland-urban interface (WUI) of the Lake Tahoe Basin.

• Regulatory and Environmental Compliance: Successfully navigate and lead the project through complex federal, state, and local regulatory, environmental, and permitting requirements, including CEQA, TRPA, Caltrans, Lahontan RWQCB, and other applicable standards.

These goals will guide the Owner’s Representative in partnering with the City to deliver a resilient, community-serving fire station that enhances public safety while exemplifying environmental stewardship and prudent project management in one of California’s most environmentally sensitive regions.

Key Regulatory Environment: All work must comply with the California Environmental Quality

Act (CEQA), TRPA requirements, Caltrans standards and other federal, state, and local regulations.

3. SCOPE OF WORK / DELIVERABLES

The selected Consultant shall provide full-service Construction Management and Owner’s

Representative services for the entire project lifecycle.

Task 1 – Project Delivery System Strategy Evaluation & Procurement Preparation (DBB, , and DB:

The Consultant shall perform a comprehensive evaluation of the project delivery methods and procurement approaches available for this project, including Design-Bid-Build (DBB), and

Design-Build (DB).

1. Development of procurement and delivery strategies for each delivery method, tailored to the specific needs of this project.

2. Comparative analysis of the schedule, cost, and administrative implications associated with each delivery method, including identification of key advantages and disadvantages.

3. Assessment of risk allocation between the City and the contractor/construction manager/design-builder under each delivery method.

4. Evaluation of the suitability of each delivery method given the project’s complexity, regulatory environment, including CEQA, TRPA, and Caltrans requirements, site constraints, and Lake Tahoe Basin requirements.

5. Analysis of the level of design and technical documentation necessary to successfully procure the project under each delivery method.

6. Preparation of a comparative recommendation identifying the most appropriate delivery method for the project, supported by clear rationale and implementation considerations.

7. Preparation of a recommended implementation roadmap for the preferred delivery method, including procurement milestones, decision points, Council actions if required, and coordination requirements.

8. Delivery of a written memorandum summarizing the analysis, findings, and recommendation, and presentation of those findings to City staff and City Council, if requested, no later than 60 days after Notice to Proceed.

9. Provision of a market analysis of prospective contractor, construction manager, and/or design-builder interest applicable to each delivery method under consideration.

Task 2 – Preconstruction / Procurement Phase

1. Conduct a Kickoff Meeting with the City project team to align goals, deliverables, schedule, and budget.

2. Procure (RFQ/RFP development, evaluation criteria, interviews, and contract negotiations).

3. Engage and become proficient in the City’s funding sources, procurement policies, and utilize this information to both validate and provide management/advice to the City on the project budget, contingencies, and alignment with overall project goals.

4. Regulatory Coordination, Permitting, and Environmental Compliance (Lead Role):

o Serve as the City’s primary coordinator for all environmental review and permitting.

o CEQA Compliance: Coordinate with the City’s CEQA consultant (or the Design-build entity), support preparation/review of CEQA documents (Initial Study, Mitigated Negative Declaration, EIR, etc.), mitigation monitoring, and filings.

o TRPA and Lake Tahoe Basin Requirements: Manage TRPA permit applications, Initial Environmental Checklists, land coverage, Stream Environment Zone (SEZ) compliance, Best Management Practices (BMPs), scenic quality, and all applicable

TRPA standards.

o Caltrans Encroachment Permit: Obtain and maintain any required Caltrans

Encroachment Permit(s) for work affecting State Route rights-of-way (e.g., US 50).

This includes preparing applications, traffic control plans, coordinating with

Caltrans District 3, securing approvals, and managing conditions through design and construction.

o Coordinate additional permits and studies (Lahontan RWQCB, U.S. Army Corps of Engineers, biological, cultural resources, etc.).

5. Coordinate with other City consultants (design, public outreach, geotechnical, etc.).

Task 3 – Design Phase

1. Perform constructability reviews, value engineering, and cost estimating.

2. Ensure design documents comply with CEQA mitigation measures, TRPA requirements, Caltrans standards, and City criteria.

3. Support development of GMP or bid packages and schedules.

Task 4 – Construction Phase

1. Provide on-site construction administration, attend meetings, and monitor progress.

2. Manage change orders, pay applications, quality assurance, and safety.

3. Enforce environmental mitigation measures, TRPA and Caltrans permit conditions, and labor compliance requirements.

4. Provide regular progress reports and risk management support.

Task 5 – Post-Construction / Closeout

1. Manage punch list, commissioning, substantial completion, and final acceptance.

2. Oversee warranty administration, as-built documentation, and staff training.

3. Complete final environmental and permit closeout (CEQA, TRPA, Caltrans).

4. PROPOSAL CONTENT REQUIREMENTS

Proposals shall be limited to [20] pages (excluding resumes, forms, and appendices) and include the following sections:

A. Letter of Introduction (on firm letterhead, signed)

B. Table of Contents

C. Approach to Providing Services and Team Organization

D. Company Qualifications, Experience & References

E. Fee Proposal

Proposers must acknowledge acceptance of the sample agreement terms, insurance requirements, and provide a statement of no conflicts of interest. Proposals must remain valid for 180 days.

5. EVALUATION CRITERIA

No. Evaluation Criteria Weight

1 Project Team & Key Personnel 35%

Approach & Work Plan (including regulatory and environmental strategy) 30%

3 Qualifications, Experience & References 35%

The City may, at its sole discretion, invite shortlisted proposers to participate in interviews, presentations, or discussions for the purpose of clarifying proposals, confirming project approach, evaluating key personnel, and obtaining additional information relevant to the City’s evaluation and selection. Interviews, if conducted, may be considered in the final evaluation process.

6. GENERAL PROVISIONS

• Insurance Requirements: As detailed in Appendix D.

• Contract Term: Initial term of 1 year with possible extensions.

• Sample Agreement: Attached as Appendix B.

• Questions: All questions due by [6/26/26].

• Addenda: Posted on the submission portal.

• Late proposals will not be accepted.

• The City intends to award a contract to the firm whose proposal is determined to be most advantageous to the City, based on the evaluation criteria set forth in this RFP. The City reserves the right to reject any or all proposals, to waive minor irregularities, and to request clarification or additional information from any proposer.

7. APPENDICES

• Appendix A: Property Location, Conceptual Drawings,

• Appendix A1: Property Location Map

• Appendix A2: Conceptual Drawings

• Appendix B: Fire Station 3 Sample Professional Services Agreement

• Appendix C: Anti-Lobby Certification

• Appendix D: Insurance Requirements

• Appendix E: Proposal Forms

• Appendix E1: Proposal Cover Sheet / Proposer Information

• Appendix E2: Addenda Acknowledgment Form

• Appendix E3: Non-Collusion Declaration

• Appendix E4: Conflict of Interest / Prohibited Interests Statement

• Appendix E5: Acknowledgment of Sample Agreement and Insurance

Requirements

• Appendix E6: Reference Form

Appendix A

Appendix A1

Appendix A2

Appendix B

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT – Sample -

This Agreement is made and entered into as of the _________day of ________ 202X by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _____________________ (“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 for _________ years.

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

___________ 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.

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.

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 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, 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.

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 a AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured’s under Consultant’s General Liability and Automobile

Liability policies with respect to liability arising out of this

Agreement and/or work performed by or on behalf of the

Consultant, including materials, parts or equipment furnished in connection with such work or operations.

ii. This policy shall be considered primary insurance as respects

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

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

Consultant.

iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.

v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.

vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City

Attorney by Certified Mail.

c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

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

Provide a copy to: City Attorney’s Office

City of South Lake Tahoe

1901 Lisa Maloff Way, Suite 300

South Lake Tahoe, CA 96150

If to Consultant:

Provide a copy to:

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

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

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado

Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the

County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this

Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

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 work place by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a).

b. Establish a Drug-Free Awareness Program as required by Government

Code Section 8355(b) to inform employees about all of the following:

i. The dangers of drug abuse in the workplace;

ii. The person’s or organization’s policy of maintaining a drug-free workplace;

iii. Any available counseling, rehabilitation and employee assistance program; and

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:

i. Will receive a copy of the Consultant’s drug-free policy statement;

and

ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant

(1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying

Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all

Consultants and contractors shall certify and disclose accordingly.

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.

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

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________

Mayor Name, Title

Date __________________________ Date _____________________________

Business License # ___________________

APPROVED AS TO FORM:

By____________________________ Date ________________________________

City Attorney

ATTEST:

By______________________________ Date

City Clerk

Attachments:

Exhibit A – Scope of Services

Exhibit B – Compensation Schedule

Exhibit C - Anti-Lobbying Certification

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:____________________________________

APPENDIX D

INSURANCE REQUIREMENTS

For the Fire Station 3 Construction Management / Owner’s Representative Services Agreement

The selected Consultant shall, at its sole cost and expense, procure and maintain for the duration of the Agreement, and for any additional period specified below, insurance of the types and in the minimum amounts set forth in this Appendix D. These requirements shall apply to the Consultant and, as applicable, to all approved subcontractors performing work under the Agreement.

1. General Requirements

A. The Consultant shall not commence work, and no subcontractor shall commence work, until all required certificates of insurance and required endorsements have been provided to and approved by the City of South Lake Tahoe.

B. All insurance shall be issued by insurers admitted to do business in the State of California, unless otherwise approved in writing by the City, and shall have an A.M. Best rating of not less than A:VII.

C. Maintenance of the required insurance shall not be construed to limit the Consultant’s liability or obligations under the Agreement, including the Consultant’s indemnity obligations.

D. The Consultant shall be responsible for all deductibles and self-insured retentions. Any deductible or self-insured retention must be disclosed to and approved by the City.

E. Coverage shall contain no special limitations on the scope of protection afforded to the City beyond those approved in writing by the City.

F. If the Consultant maintains broader coverage or higher limits than the minimums required herein, the City shall be entitled to the broader coverage and higher limits to the extent required by law and consistent with the policy terms.

2. Minimum Scope and Limits of Insurance

The Consultant shall maintain at least the following insurance:

A. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance as required by the laws of the State of California.

2. Employers’ Liability insurance in an amount not less than $1,000,000 per accident for bodily injury or disease.

3. The Consultant shall require each subcontractor to maintain Workers’ Compensation and

Employers’ Liability coverage in accordance with California law for all of the subcontractor’s employees.

4. The insurer shall waive all rights of subrogation against the City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents, and volunteers for losses arising from work performed by or on behalf of the Consultant.

5. Any notice of cancellation of Workers’ Compensation coverage must be provided to the City at least thirty (30) days prior to such change. The Consultant shall also provide thirty (30) days’ written notice of nonrenewal.

B. Commercial General Liability

1. Commercial General Liability insurance, no less broad than ISO form CG 00 01, covering bodily injury, personal injury, advertising injury, and property damage.

2. Coverage shall be written on an occurrence basis. Claims-made coverage shall not be acceptable without prior written approval of the City.

3. Minimum limit: $1,000,000 per occurrence.

4. If a general aggregate limit applies, either:

a. the aggregate limit shall apply separately to the work under the Agreement; or

b. the general aggregate limit shall be at least $2,000,000.

5. Coverage shall include, as applicable, premises/operations, contractual liability, independent contractors, and personal and advertising injury.

C. Automobile Liability

1. Automobile Liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the services under the Agreement.

2. Coverage shall apply to owned, hired, and non-owned vehicles.

3. Minimum limit: $1,000,000 combined single limit per occurrence.

D. Professional Liability / Errors and Omissions

1. Professional Liability insurance for protection against claims alleging negligent acts, errors, or omissions arising from the Consultant’s performance of professional services under the

Agreement.

2. Minimum limit: $1,000,000.

3. Coverage may be written on a per-claim basis or annual aggregate basis, provided the minimum limit is maintained.

4. If written on a claims-made basis:

a. the retroactive date shall precede the effective date of the Agreement; and

b. coverage shall be maintained for at least three (3) years after completion of the services, expiration of the Agreement, or termination of the Agreement, whichever occurs last, or the Consultant shall purchase an extended reporting period acceptable to the City.

3. Required Endorsements

The following endorsement requirements shall apply to the Consultant’s Commercial General

Liability and Automobile Liability policies:

A. Additional Insured Status

The City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents, and volunteers shall be included as additional insureds with respect to liability arising out of the

Agreement and/or work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.

B. Primary and Noncontributory

The Consultant’s insurance shall be primary with respect to the City, its elected…