Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 12, 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting. CLOSED SESSION CANCELLED
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Public Employee Appointment (§54957) Title: City Manager WEDNESDAY January 12, 2022 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, Council Member The City Council welcomes you to its meetings which are scheduled at 6:30 PM on the 2nd and 4th Wednesdays of each month. Your interest is encouraged and appreciated. This meeting is recorded on DVD and is televised on local public television Channel 17. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting. Please turn off all cell phones or similar devices. Action may be taken on any agenda item. Agenda notices are available at City Hall. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Hall at 317 Broad Street, Nevada City, CA during normal business hours.
In order to minimize the spread of COVID-19 virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. Please be advised that the Council Chambers are closed to the public and that some or all of the City of Nevada City, City Council Members may attend this meeting telephonically.
To watch City Council Meetings live you have the follow options:
1. Public Television Channel 17
2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563
3. Nevada City Public Meetings, YouTube Channel:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
4. Granicus: http://nevco.granicus.com/player/camera/2?publish_id=7&redirect=true If you wish to comment during Public Comment time or on any item on the agenda, you have the following options:
1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474
2. By phone (1) 669-900-9128 Webinar ID 890 0913 8474
3. Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email, it is extremely helpful to include the following:
a. Full Name
b. Address (specific or general, ie: resident in unincorporated Nevada City) c. The item number that you are commenting on.
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Strawser
_____ Vice-Mayor Fleming
_____ Councilmember Fernández
_____ Councilmember Minett
_____ Councilmember Petersen
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications)
ANNOUNCEMENT OF ACTION FROM CLOSED SESSION
PRESENTATIONS
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or public requests otherwise, or if staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration.
Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes December 8, 2021 Regular Meeting
Recommended Action: Review and approve
2. Action Minutes January 5, 2022 Special Meeting
Recommended Action: Review and approve
3. Accounts Payable—December 2021
Recommended Action: Receive and file
4. Fire Activity Report—November 2021
Recommended Action: Receive and file
5. Police Activity Report—December 2021
Recommended Action: Receive and file
6. Building Activity Report—December 2021
Recommended Action: Receive and file
7. Consideration of Reaffirming Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm resolution
8. Consideration of Resolution No. 2022-01: A Resolution of the City of Nevada City Calling for a General Municipal Election on June 7, 2022 Recommended Action: Adopt resolution
9. Consideration of Award of Contract with Dokken Engineering for Design Services:
Sugarloaf Trail, Nevada City:
Recommended Action: Award contract
10. Consideration of Street Closure Request from Chamber of Commerce for Mardi Gras Parade and Street Faire on February 27, 2022
Recommended Action: Approve request with conditions
11. Consideration of Resolution No. 2022-03: A Resolution of the City of Nevada City Approving 2022 Trail Maintenance Contract with Bear Yuba Land Trust Recommended Action: Adopt resolution
12. Consideration of Request from Nancy Chaloupka to Approve Placement and Wording for a Memorial Bench
Recommended Action: Approve request
13. Second Reading and Adoption of Ordinance 2021-11: An Ordinance of the City of Nevada City Adopting Amendment 1 to the Development Agreement by and Between the City of Nevada City and the Successors in Interest to Nevada City Tech Center, LLC and Kenma WR-Nevada City, LLC
Recommended Action: Hold second reading and adopt ordinance
14. Consideration of Award of Contract for On-Call Emergency Services Debris Removal at Various Locations
Recommended Action: Award contract
CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
BUSINESS
15. Consideration of Adoption of Resolution No. 2022-04: A Resolution of the City Council of the City of Nevada City Appointing Five Members to the Citizens Oversight Committee for Measures C and M
Recommended Action: Adopt resolution
16. Update on Commercial Street Project, Phase II
Recommended Action: Discuss and receive and file or provide direction to staff on any final plan revisions
17. Consideration of Resolution No. 2022-05: A Resolution of the City Council of the City of Nevada City Adopting a Community-Wide Vision and Mission Statement Related to Justice, Equity, Diversity and Inclusion
and Approval of Letter to the Nevada County Board of Supervisors Expressing Support for Its Adoption of the Same
Recommended Action: Adopt resolution and approve letter
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.
AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-2496 x133.
Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the January 12th, 2022 Regular Meeting of the Nevada City City Council was posted January 7th, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed January 7, 2022 at Nevada City, California
___________________________________________________
Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 12, 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting. CLOSED SESSION CANCELLED
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Public Employee Appointment (§54957) Title: City Manager WEDNESDAY January 12, 2022 6:30 P.M.
MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.
Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, Council Member The City Council welcomes you to its meetings which are scheduled at 6:30 PM on the 2nd and 4th Wednesdays of each month. Your interest is encouraged and appreciated. This meeting is recorded on DVD and is televised on local public television Channel 17. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting. Please turn off all cell phones or similar devices. Action may be taken on any agenda item. Agenda notices are available at City Hall. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Hall at 317 Broad Street, Nevada City, CA during normal business hours.
In order to minimize the spread of COVID-19 virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. Please be advised that the Council Chambers are closed to the public and that some or all of the City of Nevada City, City Council Members may attend this meeting telephonically.
To watch City Council Meetings live you have the follow options:
1. Public Television Channel 17
2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563
3. Nevada City Public Meetings, YouTube Channel:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
4. Granicus: http://nevco.granicus.com/player/camera/2?publish_id=7&redirect=true If you wish to comment during Public Comment time or on any item on the agenda, you have the following options:
1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474
2. By phone (1) 669-900-9128 Webinar ID 890 0913 8474
3. Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email, it is extremely helpful to include the following:
a. Full Name
b. Address (specific or general, ie: resident in unincorporated Nevada City) c. The item number that you are commenting on.
CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe
PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Strawser
_____ Vice-Mayor Fleming
_____ Councilmember Fernández
_____ Councilmember Minett
_____ Councilmember Petersen
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications)
ANNOUNCEMENT OF ACTION FROM CLOSED SESSION
PRESENTATIONS
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or public requests otherwise, or if staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration.
Any item so removed will be taken up following the motion to approve the Consent Agenda
1. Action Minutes December 8, 2021 Regular Meeting
Recommended Action: Review and approve
2. Action Minutes January 5, 2022 Special Meeting
Recommended Action: Review and approve
3. Accounts Payable—December 2021
Recommended Action: Receive and file
4. Fire Activity Report—November 2021
Recommended Action: Receive and file
5. Police Activity Report—December 2021
Recommended Action: Receive and file
6. Building Activity Report—December 2021
Recommended Action: Receive and file
7. Consideration of Reaffirming Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm resolution
8. Consideration of Resolution No. 2022-01: A Resolution of the City of Nevada City Calling for a General Municipal Election on June 7, 2022 Recommended Action: Adopt resolution
9. Consideration of Award of Contract with Dokken Engineering for Design Services:
Sugarloaf Trail, Nevada City:
Recommended Action: Award contract
10. Consideration of Street Closure Request from Chamber of Commerce for Mardi Gras Parade and Street Faire on February 27, 2022
Recommended Action: Approve request with conditions
11. Consideration of Resolution No. 2022-03: A Resolution of the City of Nevada City Approving 2022 Trail Maintenance Contract with Bear Yuba Land Trust Recommended Action: Adopt resolution
12. Consideration of Request from Nancy Chaloupka to Approve Placement and Wording for a Memorial Bench
Recommended Action: Approve request
13. Second Reading and Adoption of Ordinance 2021-11: An Ordinance of the City of Nevada City Adopting Amendment 1 to the Development Agreement by and Between the City of Nevada City and the Successors in Interest to Nevada City Tech Center, LLC and Kenma WR-Nevada City, LLC
Recommended Action: Hold second reading and adopt ordinance
14. Consideration of Award of Contract for On-Call Emergency Services Debris Removal at Various Locations
Recommended Action: Award contract
CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
BUSINESS
15. Consideration of Adoption of Resolution No. 2022-04: A Resolution of the City Council of the City of Nevada City Appointing Five Members to the Citizens Oversight Committee for Measures C and M
Recommended Action: Adopt resolution
16. Update on Commercial Street Project, Phase II
Recommended Action: Discuss and receive and file or provide direction to staff on any final plan revisions
17. Consideration of Resolution No. 2022-05: A Resolution of the City Council of the City of Nevada City Adopting a Community-Wide Vision and Mission Statement Related to Justice, Equity, Diversity and Inclusion
and Approval of Letter to the Nevada County Board of Supervisors Expressing Support for Its Adoption of the Same
Recommended Action: Adopt resolution and approve letter
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.
AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-2496 x133.
Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the January 12th, 2022 Regular Meeting of the Nevada City City Council was posted January 7th, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed January 7, 2022 at Nevada City, California
___________________________________________________
Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk 1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF DECEMBER 08, 2021
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
CLOSED SESSION –
None
REGULAR MEETING – 6:33 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Minett and Petersen
Absent: Council Member Fernández
ADOPTION OF THE AGENDA:
Action: Motion by Strawser, seconded by Fleming to adopt the agenda as presented. (Approved 0-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming PRESENTATIONS:
1. Planning Commission Appointment—Oath of Office
BUSINESS FROM THE FLOOR:
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
CONSENT ITEMS:
1. Action Minutes November 10, 2021 Regular Meeting
Recommended Action: Review and approve
2 2. Action Minutes December 1, 2021 Special Meeting
Recommended Action: Review and approve
3. Accounts Payable
Recommended Action: Receive and file
4. Fire Activity Report—October 2021
Recommended Action: Receive and file
5. Police Activity Report—November 2021
Recommended Action: Receive and file
6. Building Activity Report—January 2021-November 2021
Recommended Action: Receive and file
7. Consideration of Adoption of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency Recommended Action: Reconfirm resolution
8. Consideration of Memorandum of Understanding between the County of Nevada and the City of Nevada City for Affordable Housing Master Plans Recommended Action: Authorize the city manager to sign the Memorandum of Understanding between the County of Nevada and the City of Nevada City for Affordable Housing Master Plans and approved the city’s participation in Nevada County’s proposed Professional Drafting, Architectural, and Engineering Services for Affordable Housing Master Plans
9. Second Reading of Ordinance 2021-09: An Ordinance of the City of Nevada City Amending Sections 17.80.240 through 17.80.242 of the Nevada City Municipal Code Regulating Stationary Standby Generators
Recommended Action: Hold second reading and adopt ordinance
10. Second Reading of Ordinance 2021-10: An Ordinance of the City of Nevada City Adopting Changes to Title 16 (Subdivisions) and Title 17 (Zoning) Relating to the Implementation of Senate Bill 9
Recommended Action: Hold second reading and adopt ordinance
11. Request from the Nevada County Narrow Gauge Railroad Museum to Place a Plaque at Clamper Square that will Honor the Chinese Railroad Workers
Recommended Action: Approve the wording and placement of the plaque to be placed at Clampers Square honoring the Chinese railroad workers
12. Consideration of Contract Renewal—Axon Body Worn Camera, Taser and Evidence Platform 3 Recommended Action: Approve contract renewal with Axon Enterprises, Inc.
Action: Motion by Fleming seconded by Minett to adopt items #’s 1-7, 9-11 as presented. (Approved 4-0, - Roll call votes ayes; Strawser Minett, Fleming, Petersen.
Items 8 and 12 pulled for discussion.
Action: Motion by Minett, seconded by Fleming to adopt items #8 & 12 as presented. (Approved 4-0, - Roll call votes ayes; Strawser Minett, Fleming, Petersen.
PUBLIC HEARING
13. Consideration of Ordinance No. 2021-11: An Ordinance of the City of Nevada City Adopting Amendment 1 to Development Agreement By and Between the City of Nevada City and the Successors in Interest to Nevada City Tech Center, LLC and Kenma WR-Nevada City, LLC Recommended Action: Find the Development Agreement amendment exempt from further CEQA (California Environmental Quality Act) review and waive reading of ordinance, read by title only and introduce for first reading
Action: Motion by Minett, seconded by Fleming to Approve Notice of Exemption and Introduce first reading of Ordinance 2021-11
(Approved 4-0, - Roll call votes ayes; Strawser Minett, Fleming, Petersen.
BUSINESS
14. “Doug House Treasure Hunt” Proposal: Display Placement on the Tribute Trail (Based on The Amazing Fezziwig, a Children’s Book by Local Author Douglas P. Pratt) Recommended Action: Approve the Tribute Trail “Dog House” Display on the Tribute Trail Loop as may be conditioned for aesthetics, trail compatibility and maintenance considerations and direct the city manager to execute a license agreement with the applicant to ensure maintenance and safe upkeep of the display
Action: Motion by Minett, seconded by Fleming to Approve Tribute Trail “Dog House” Display (Approved 4-0, - Roll call votes ayes; Strawser Minett, Fleming, Petersen.
15. Discussion and Consideration of Upgrade to City Hall Phone System Recommended Action: Hear staff input and authorize proceeding with update to phone system Action: Motion by Petersen, seconded by Minett to authorize proceeding with update to phone system.
(Approved 4-0, - Roll call votes ayes; Strawser Minett, Fleming, Petersen.
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:51 PM
4 YES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
1 CITY OF NEVADA CITY
ACTION MINUTES
SPECIAL CITY COUNCIL MEETING OF JANUARY 5, 2022
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133.
- City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
SPECIAL MEETING – 4:30 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Petersen and Fernández
Absent: Council Member Minett
ADOPTION OF THE AGENDA:
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
CLOSED SESSION— 4:48 PM
Under Government Code Section 54950 members of the public are entitled to comment on the closed session agenda before the Council goes into closed session.
A. Public Employee Appointment (§54957) Title: City Manager Action: Nothing to report out.
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
CONSENT ITEMS:
1. Consideration of Resolution 2022-01: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2021-02 Declaring an Emergency Due to the December 27, 2021 Snow Storm
Recommended Action: Adopt resolution
Action: Motion by Fernández, seconded by Fleming to Adopt Resolution 2022-01 Declaring an Emergency Due to the December 27, 2021 Snowstorm
(Approved 5-0, Roll call votes ayes: Strawser, Fleming, Petersen Fernández) CITY MANAGER AND COUNCIL MEMBER REPORTS: Verbal Reports Given 2 ADJOURNMENT: - 5:58 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 04
Subject: Fire Activity Report – November 2021
From: Sam Goodspeed, Division Chief
Date: January 5, 2022
Reviewed & Approved:
Recommended Action: Receive and File
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
• Mutual Aid Given / Received Summary
• Station 5 Incident Type Report Summary
• Station 5 Response by District
• City of Nevada City Incident Type Report
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
154 - Dumpster or other outside trash
receptacle fire
1 3.23% 0.00 0.00 0.00
Total: 1 Total: 3.23% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
21 67.74%
Total: 21 Total: 67.74% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 3.23%
412 - Gas leak (natural gas or LPG) 1 3.23%
Total: 2 Total: 6.45% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 1 3.23%
554 - Assist invalid 1 3.23%
Total: 2 Total: 6.45% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 2 6.45%
Total: 2 Total: 6.45% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 3.23%
735 - Alarm system sounded due to
malfunction
1 3.23%
744 - Detector activation, no fire -
unintentional
1 3.23%
Total: 3 Total: 9.68% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 31 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 12/14/2021 08:04:08 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
11101 - Single Family Dwelling Fire 2 2.11% 50,000.00 10,000.00 60,000.00 100.00% 113 - Cooking fire, confined to container 1 1.05% 0.00 0.00 0.00 0.00% 131 - Passenger vehicle fire 1 1.05%
154 - Dumpster or other outside trash
receptacle fire
2 2.11% 0.00 0.00 0.00 0.00%
Total: 6 Total: 6.32% Total:
50,000.00
Total:
10,000.00
Total:
60,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle
accident with injury
47 49.47%
322 - Motor vehicle accident with injuries 5 5.26%
324 - Motor vehicle accident with no
injuries.
5 5.26%
Total: 57 Total: 60.00% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
2 2.11%
412 - Gas leak (natural gas or LPG) 1 1.05%
441 - Heat from short circuit (wiring),
defective/worn
1 1.05%
442 - Overheated motor 1 1.05%
445 - Arcing, shorted electrical
equipment
1 1.05%
Total: 6 Total: 6.32% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
531 - Smoke or odor removal 1 1.05%
553 - Public service 1 1.05%
554 - Assist invalid 3 3.16%
561 - Unauthorized burning 1 1.05%
Total: 6 Total: 6.32% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 10 10.53%
61102 - Monitoring of call only 3 3.16%
622 - No incident found on arrival at
dispatch address
1 1.05%
Total: 14 Total: 14.74% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 1.05%
735 - Alarm system sounded due to
malfunction
2 2.11%
743 - Smoke detector activation, no fire -
unintentional
1 1.05%
745 - Alarm system activation, no fire -
unintentional
2 2.11%
Total: 6 Total: 6.32% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 95 Total: 100.00% Total:
50,000.00
Total:
10,000.00
Total:
60,000.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 12/14/2021 08:04:20 AM
Elite grsnev Station 5 Mutual Aid Given/Received (Summary) Mutual Aid Given (Summary) - City of Nevada City
Any incident where the department name is not listed will be listed with a department type of *NA.
Basic Aid Given Their Fire Department Name (FD1.23) Total Incidents Nevada County Consolidated Fire District 25
Ophir Hill Fire District 3
Total: 28
1 of 2 Printed On: 12/14/2021 08:04:31 AM
Basic Incident Date - Derived (Fd1.3):
Mutual Aid Received (Summary) - City of Nevada City
Any incident where the department name is not listed will be listed with a department type of *NA.
Basic Aid Received Their Fire Department Name List (FD1.80) Total Incidents Nevada County Consolidated Fire District 22
Total: 22
Report Criteria
Is Equal To Last Month
2 of 2 Printed On: 12/14/2021 08:04:31 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 1 - Station 1 - City 4
2 - Station 2 - City 25
5 - Station 5 - City 38
NCC 54 7
NCC 84 10
NCC 86 5
NCC 87 3
Ophir Hill 3
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 12/14/2021 08:04:28 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 06
Subject: Building Activity Report –
December 2021
From: Amy Wolfson, City Planner
Reviewed & Approved:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
The attached Building Activity Report lists all permits processed by the Building Department in December 2021.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
• Building Activity Report, December 2021
Date
Record
Number Record Type Description Address Status Short Notes 12/30/2021 214268 Express Permit
STORMDIGITAL - Repair or replace
mast and MSP as needed. Storm has
separated mast from MSP.PERMIT
INCLUDES TWO INSPECTIONS
230 BRIDGE STREET, Nevada
City CA 95959
Issued Residential Electrical
12/29/2021 214260 Express Permit
Storm: Repair 200 amp main electrical
service damaged by tree during snow
storm.This permit includes 1
inspection. Additional inspections to
be paid at current rate. Final
430 CLAY STREET, Nevada City
CA 95959
Issued Residential Electrical
12/21/2021 214224 Express Permit DIGITAL - Install 2 furnacesPERMIT INCLUDES ONE INSPECTION.
721 ZION STREET, Nevada City
CA 95959
Received Commercial Mechanical
12/21/2021 214218 Full Review
DIGITAL: Commercial Roof Mounted
Solar. 31.2 kW system.BACKFLOW
PREVENTION VERIFICATION TO BE
PROVIDED TO INSPECTOR UPON FINAL
INSPECTION.Includes 2 inspections.
313 RAILROAD AVENUE,
Nevada City CA 95959 Issued Commercial Solar Array
12/14/2021 214158 Express Permit
Reconnect electrical service due to
tree damage. This permit includes 2
inspections. Additional inspection to
be paid at current rate. Final
830 ZION STREET, Nevada City
CA 95959
Finaled Residential Electrical
12/6/2021 214048 Express Permit
DIGITAL - Replace meter main panel
like for like 100 APERMIT INCLUDES
TWO INSPECTIONS.
425 COYOTE STREET, Nevada
City CA 95959 Issued Residential Electrical
12/2/2021 214021 Express Permit
DIGITAL - Installation of 18KW Generac
standby generator with 100 amp
automatic transfer panel and load
shed modulesPERMIT INCLUDES TWO
INSPECTIONS.
316 MONROE STREET, Nevada
City CA 95959 Issued Residential Electrical
DECEMBER 2021 BUILDING ACTIVITY REPORT
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 07
Subject: Consideration of Reaffirming Resolution No.
2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to
Continue to Authorize the Conduct of Remote
“Telephonic” Meetings During the State of Emergency
From: Joan L. Phillipe
Date: January 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Reaffirm resolution
ISSUE STATEMENT AND DISCUSSION:
This is the resolution previously adopted by council authorizing the continued use of remote “telephonic” council meetings. As advised by the city’s attorney, this resolution must be reaffirmed at each council meeting until such time as the requirement is rescinded.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution No. 2021-44
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 08
Subject: Consideration of Resolution No. 2022-02: A
Resolution of the City of Nevada City Calling for a General Municipal Election on June 7, 2022
From: Gabrielle Christakes, Administrative Services Tech/ Deputy City Clerk
Date: January 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:
An election will be held within the City of Nevada City on Tuesday, June 7, 2022 for the purpose of electing two (2) members to the City Council. The City requests the governing body of the County of Nevada, as prescribed by Election Code Section 10402 and 10403 to consolidate the regularly scheduled municipal election with any other elections to be held on June 7th, 2022.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City agrees to reimburse the County of Nevada for the City’s prorated share of the costs of the election which is approximately $2,500.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Resolution No. 2022-02
RESOLUTION 2022-02
RESOLUTION OF THE CITY OF NEVADA CITY
CALLING GENERAL MUNICIPAL ELECTION ON JUNE 7, 2022
WHEREAS, an election will be held within the City of Nevada City on Tuesday, June 7th, 2022 for the purpose of electing two (2) members to the City Council; and WHEREAS, whenever two or more elections are called to be held on the same day, in the same territory or in part of the same territory, such elections should be consolidated.
BE IT RESOLVED, that the City of Nevada City requests the governing body of the County of Nevada, as prescribed by Elections Code Section 10402 and 10403 to consolidate the regularly scheduled municipal election with any other elections to be held on June 7th, 2022; and
BE IT FURTHER RESOLVED, the candidate is to pay for the publication of the candidate’s statement, pursuant to Election’s Code Section 10509. The limitation on the number of words that a candidate may use in his/her Candidate’s Statement is 200 words; and
BE IT FURTHER RESOLVED, the City of Nevada City agrees to reimburse the County of Nevada for the City’s prorated share of the costs of the election.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 12th day of January 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Duane Strawser, Mayor
ATTEST:
_____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 09
Subject: Award of Contract with Dokken Engineering for
Design Services at Sugarloaf Trail
From: Bryan K. McAlister, City Engineer
Date: January 7, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action:
Award Contract with Dokken Engineering for Design Services at Sugarloaf Trail.
ISSUE STATEMENT AND DISCUSSION:
City staff procured a proposal from Dokken Engineering to provide Nevada City with design services to provide traffic engineering services to support the Sugarloaf Trail design. The Sugarloaf Trail begins at the top of Sugarloaf Mountain and continues to its terminus at the Northeast corner of the signalized intersection of State Route 49 and North Bloomfield Road/East Broad Street intersection. The Dokken Engineering professional services scope and fee includes the plans, estimate and specifications for the modification of the existing traffic signal to add a pedestrian phase and crosswalk on the north leg of the intersection and to design a pedestrian landing pad at the location of the trail terminus. Dokken will work with Caltrans and the City to obtain the Caltrans Encroachment Permit for the construction of the improvements within the state Right of Way.
Dokken Engineering will perform this scope of work on a time and material basis not to exceed $18,000 as further described in the attached professional services contract.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The project is funded by Measure M funds (for that portion within R/W), Parks and Recreation Dept. donations and trail grant funds from State of California.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Professional Services Contract with Dokken Engineering Sugarloaf Trail Dokken Scope and Fee Letter_2021-11-29 ver 4‐13‐18
PROFESSIONAL SERVICES CONTRACT
CITY OF NEVADA CITY
THIS AGREEMENT is made and entered into this 12th day of January, 2022, by and between the CITY OF NEVADA CITY, hereinafter referred to as "City" and Dokken Engineering hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, City desires to retain a Consultant to provide the following services:
See attached Scope of Work (Exhibit “A”)
WHEREAS, Consultant warrants that it is qualified and agreeable to render the aforesaid services.
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City,the parties agree to the following:
1. SCOPE OF SERVICES: Consultant agrees to provide all of the services described in Exhibit "A" attached hereto and by this reference made a part hereof.
A. Consultant agrees to furnish all labor, materials, equipment, services, and other means necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in Exhibit “A”.
2. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this contract but have not been included in the scope of the services listed in Paragraph 1 above and Consultant agrees to perform said services upon the written request of City. These additional services could include,but are not limited to,any of the following:
A. Work requested by the City in connection with any other matter or any item of work not specified herein;
B. Work resulting from substantial changes ordered by the City in the nature or extent of the project, and
3. PROJECT RECORDS: Consultant shall maintain project records and data in a format acceptable to City and State, and provide same to the City within thirty (30) days after the completion of the contract and prior to final payment.
4. CITY FURNISHED SERVICES: The City agrees to:
A. Guarantee access to and make provisions for the Consultant to enter upon public and private lands as required to perform their work.
B. Not withhold approval of final deliverables without substantial cause.
C. Make available all pertinent data and records for review. ver 4‐13‐18
D. Provide general bid and contract forms and special provisions format when needed.
5. FEES: Payment for the services provided under this Agreement shall be based on a unit price basis at rates set forth in Exhibit "B", Not to Exceed $18,000 without further authorization. The City agrees to pay and the Consultant agrees to accept, in full payment for the work above agreed to be done, the payment of unit price for all work described herein subject to additions and deductions as provided in this contract.
6. PAYMENT:
Payment for services under this Contract shall be due each month within thirty (30) calendar days after receipt by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in paragraph 2 hereof, Consultant shall not be paid unless Consultant has received written authorization from City for the additional services prior to incurring the costs associated therewith.
7. CONTRACT PERFORMANCE TIME: N/A
8. INSURANCE: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
9. WORKER'S COMPENSATION: The Consultant acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract. (N/A if there are no employees)
10. PREVAILING WAGE AND APPRENTICES: Consultant acknowledges awareness of the provisions of the Code, in particular Labor Code Sections 1770 to 1780, inclusive, and Title 8 of the California Administrative Code Sections 200 et seq.; and shall comply with such provisions before commencing services required by this Contract to be performed by employees subject to these provisions.
Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The DIR registration number of each subcontractor and subconsultant must be identified and failure to identify this number could categorize your proposal as non-responsive. The City reports all public works contracts to the DIR within 5 days of the contract award date. (N/A if there are no employees)
11. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
12. SUBCONTRACTING: Consultant shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the City except for any subcontract work identified herein. Consultant shall require any such subcontractor to comply with all of the provisions of this contract except that Consultant may determine the need for subcontractor to carry errors and omissions insurance.
13. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Consultant and may not be transferred or assigned without the express prior written consent of the City.
ver 4‐13‐18
14. LICENSING: N/A
15. BOOKS OF RECORD AND AUDIT PROVISION: Consultant shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and record shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract.
In addition, Consultant shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least three (3) years from the date of final payment and all other pending matters are closed for completion of this contract. Consultant will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Consultant who participated in this contract in any way. Any audit may be conducted on Consultant's premises or, at City's option, Consultant shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City.
16. TIME OF COMPLETION: N/A.
17. LIQUIDATED DAMAGES: N/A
18. DISPUTE RESOLUTION: Every effort will be made to resolve, in an equitable manner, any dispute arising between the City and Consultant concerning the terms of this agreement and subsequent Task Orders.
19. TITLE: It is understood that any and all documents, information and reports concerning this project prepared by and/or submitted to the Consultant, shall be the property of the City upon full payment of all monies due and owing to the Consultant in accordance with the terms of this Agreement. The Consultant may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatever, Consultant shall promptly turn over all information, writing and documents to City without exception or reservation for their intended use only. Consultant is not responsible for any use of the documents for anything other than their original intended use.
20. TERMINATION:
A. If the Consultant fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days written notice to the party involved.
B. The Consultant shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Consultant has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Consultant, the Consultant shall be paid for services performed to the date of termination in accordance with the terms of this Contract.
21. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Consultant, and the agents and employees thereof, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of the City.
22. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties. ver 4‐13‐18
23. ASSIGNMENT OF PERSONNEL: The Consultant shall not substitute any personnel for those specifically named in Exhibit "B" unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
24. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California.
25. INDEMNIFICATION:
N/A
26. COMPLIANCE WITH APPLICABLE LAWS: The Consultant shall comply with any and all federal, state and local Laws affecting the services covered by this Contract.
27. NOTICES: Notices shall be given to City at the following location:
City of Nevada City
Attention: Bryan McAlister, City Engineer
317 Broad Street
Nevada City, CA 95959
Notices shall be given to Consultant at the following address:
110 Blue Ravine Road, Suite 200
Folsom, CA 95630
28. STANDARD OF PRACTICE: The Consultant warrants that Consultant has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. Consultant's duty is to exercise such care skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written APPROVED BY:
CITY OF NEVADA CITY:
_____________________________
City Manager
______________________
Deputy City Clerk
CONSULTANT
(Signature)
(Printed Name and Title)
(Federal Tax I.D. #)
Attachments:
1. Exhibit A Scope of Services
2. Exhibit B Cost Proposal
ver 4‐13‐18
Exhibit A
CONSULTANTS
SCOPE OF SERVICES
.
ver 4‐13‐18
Exhibit B
COST PROPOSAL
Consultants Hourly Rate: $______ per hour
Note: Hourly Rate includes all cost components including labor cost, fringe benefit rates, indirect costs (overhead and general/administrative) and fee/profit. 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643 www.dokkenengineering.com November 29, 2021
Bryan McAlister, PE, PLS
City Engineer
City of Nevada City
317 Broad Street
Nevada City, CA 95959
RE: Sugarloaf Trail, Nevada City: Traffic Signal Modification at SR 49 and N. Bloomfield/East Broad Intersection Dokken Engineering Design Services Scope and Fee
Mr. Bryan McAlister:
Dokken Engineering (Dokken) is pleased to provide Nevada City with this design services scope and fee to provide traffic engineering services to support the Sugarloaf Trail design. The Sugarloaf Trail begins at the top of Sugarloaf Mountain and continues to its terminus at the Northeast corner of the signalized intersection of State Route 49 and North Bloomfield Road/East Broad Street intersection. This scope and fee includes the plans, estimate and specifications for the modification of the existing traffic signal to add a pedestrian phase and crosswalk on the north leg of the intersection and to design a pedestrian landing pad at the location of the trail terminus. Dokken will work with Caltrans and the City to obtain the Caltrans Encroachment Permit for the construction of the improvements within the State Right of Way.
Scope of Work
Task 1 Improvement Plans (4 sheets) PS&E ‐ Dokken will develop plans including a construction detail plan for the pedestrian landing pad, striping plan for the crosswalk and traffic signal modification plans for the intersection.
These will be developed and submitted to Caltrans at the 90% and 100% phases. Specifications will be developed for the traffic signal modification and a bid item list and estimate will be provided for all the improvements required.
Dokken will also obtain As‐built plans from the City or Caltrans as applicable for presenting the improvements and conduct a field visit to check existing field conditions.
Task 2 Obtain Caltrans Encroachment Permit – Dokken will work with the City and Caltrans to submit the Encroachments application and obtain the Encroachment Permit for the construction of the improvements within the State Rights of Way.
Proposed Design Fee
Task Basis Fee
Task 1 – Improvement Plans (4 Sheets) PS&E LS $ 12,000 Task 2 – Obtain Encroachment Permit LS $ 6,000
NOT TO EXCEED $ 18,000
110 Blue Ravine Road, Suite 200, Folsom, CA 95630 Tele: 916 858-0642 Fax: 916 858-0643 www.dokkenengineering.com Exclusions
The scope and fee described above assumes the following exclusions and/or information provided by others:
Civil and Electrical Improvements – This scope does not include adding a curb ramp at the Southeast corner of the intersection nor preparing a Design Standard Decision Document (Design Exception) for any non‐standard feature.
Utility Coordination and Design – All utility potholing, mapping, coordination and relocation will be provided by others. For the intersection improvements, no excavation will be needed for the traffic signal modification (except for the minor work needed for the pedestrian landing).
Topographic Survey ‐ All topographic survey necessary to design the improvements will be provided by the City.
Right of Way and Access ‐ All agreements, right of way acquisition and easement rights required for the permanent improvements and construction access will be acquired by others.
Agency Oversight, Permitting and Coordination – All oversight agency (city, public outreach, and local environmental agencies etc.) coordination, permitting and review will be provided by others. (Not including the State ‐ Caltrans encroachment permit which is included in Dokken’s scope.) If you have any questions or require any additional information, I can be reached at (916) 858‐0642.
Sincerely,
DOKKEN ENGINEERING
Joe Ostdiek, PE, TE
Senior Engineer
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2021 Agenda Item No. 10
Subject: Consideration of Street Closure Request
from Chamber of Commerce for Mardi Gras
Parade and Street Faire on February 27, 2022
From: Joan L. Phillipe, Interim City Manager
Date: January 7, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve street closure with conditions ISSUE STATEMENT AND DISCUSSION:
The Nevada City Chamber of Commerce has requested authorization to close streets for its February 27, 2022 Mardi Gras parade and street faire. The streets for the parade are: Broad Street from Orchard down through town to Union Street, York Street, Pine Street, Union Street and Mill Street between Broad and Spring Streets. The street for the street faire is North Pine Street and that portion of Commercial Street already closed. Street closure hours would start at noon for both events with the parade scheduled from 2:00 p.m. to 3:30 p.m. and breakdown being completed by 5:00 p.m.; the street faire hours will be 1:00 p.m. to 4:00 p.m. with breakdown completed by 5:00 p.m.
This is an annual event with indication being up to 2,000 are expected to attend. There will be amplified music with alcohol sales.
Staff has reviewed the application and supports the event and request for street closure with the following recommended conditions:
• 72 hour “No Parking” notices are to be placed by the applicant • A 14 foot fire lane must be maintained throughout the closure • No parking in red zones
• No blocking of fire hydrants
• Compliance with Nevada County Health Department Covid-19 orders • Sufficient portable toilets to accommodate expected attendance • Final operations plan is to be finalized with public works and the police department I have been advised by the Chamber of Commerce that contact has been made with the Nevada County Health Department to ascertain what Covid regulations/mandates must be adhered to for this event. The county is not, at this time, canceling outdoor events due to the current Covid situation. The health department has provided the chamber with guidance on signage for mask wearing and to ask that attendees be vaccinated and boosted as well as attempting to stay with a familiar pod of people. The Chamber intends to use that guidance.
FINANCIAL AND/OR POLICY IMPLICATIONS:
No hard dollar impact to the city. There is significant in-kind contribution of city staff. The Chamber is complying with established city policy in regard to providing insurance and meeting other conditions.
ENVIRONMENTAL CONSIDERATIONS:
N/A
ATTACHMENTS:
Application for Event
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2021 Agenda Item No. 11
Subject: Consideration of Resolution No. 2022-03: A
Resolution of the City Council of the City of Nevada City Approving the 2022 Trail Maintenance Contract with Bear Yuba Land Trust (BYLT) and Authoring the City Manager to Execute the Agreement
From: Dawn Zydonis, Parks & Recreation Manager
Date: December 2, 2021
Reviewed & Approved:
Recommended Action: Pass Resolution 2022-03
ISSUE STATEMENT AND DISCUSSION:
BYLT and the City entered into a Maintenance Contract in 2018 to cover costs incurred by BYLT to assist with maintenance of City trails. This proved to be a valuable agreement. BYLT was able to prioritize work on City trails and schedule volunteers to complete necessary projects to keep the trails well maintained. This continues to be beneficial for the City in maintaining the trails that are located on City properties.
BYLT is requesting $3,500 for 2022, this is the same amount as 2021 & 2020. The fee does not exceed what is already in the City budget for open space and staff have been satisfied with the work completed by BYLT.
The current Contract expires at the end of the 2021 calendar year. The new contract is for the 2022 calendar year. The City may need to purchase materials if additional maintenance needs arise.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City has included this in the budget for work completed on open space parcels owned by the City.
This agreement will span two fiscal years and will need to be considered when preparing the FY 22-23 budget. Maintenance or projects may arise that have not been planned at this time, the City is not under obligation to complete those projects if not already included in this Contract.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution 2022-XX, a Resolution of the City of Nevada City Approving 2022 Trail Maintenance Contract with Bear Yuba Land Trust and Authorizing the Interim City Manager to Execute the Agreement on Behalf of the City
Draft 2022 Trail Maintenance Contract
MOU between the City of Nevada City and BYLT for Trail Construction & Maintenance RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY OF NEVADA CITY
APPROVING 2022 TRAIL MAINTENANCE CONTRACT WITH BEAR YUBA LAND TRUST
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY
WHEREAS, the City has a Memorandum of Understanding with the Bear Yuba Land Trust (BYLT) for maintenance and construction of trails; and WHEREAS, the City owns approximately 10 miles of trails; and WHEREAS, BYLT has been preserving and conserving land and maintaining trails in Nevada County since 1991; and
WHEREAS, the BYLT has been a valuable partner for the City in construction and maintenance of City trails; and
WHEREAS, the fees set forth in Exhibit A-2022 Trail Maintenance Contract are reasonable and accurate estimates of the costs incurred by BYLT to maintain trails on City of Nevada City property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City as follows:
1. All previous Resolutions which are in conflict with the terms of this Resolution are hereby repealed; and
2. The 2022 Trail Maintenance Contract with the Bear Yuba Land Trust, attached hereto as Exhibit “A” and incorporated herein by this reference, is approved and the City Manager is directed to execute the agreement on behalf of the City.
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 12th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
2022 TRAIL MAINTENANCE CONTRACT
This agreement is made between Bear Yuba Land Trust (BYLT) and The City of Nevada City (City). ___________________________________________________________________________________
1. Statement of Work
BYLT will provide required maintenance for four public trails located on City property. BYLT and the City have an existing Memorandum of Understanding (MOU) which states the City will reimburse BYLT for services provided in accordance with the terms of contract or purchase agreements executed by both parties.
The necessary maintenance anticipated for the 2022 calendar year includes:
A) Deer Creek Tribute Trail - $1,500
● General tread repair. Portions of the trail need to be leveled. (Year-round) ● Maintain signs, posts and make sure the information is current and relevant. (Year-round) ● Brush the trail corridor 10’ high and 4’ wide. (Spring Workday) ● Improve drainage features to reduce pooling and erosion. (Fall Workday) ● Cut back and remove invasive species along the trail. (Year-round) B) Hirschman Trail - $1,500
● Spread gravel on the trail near the pond to improve tread and drainage. (Fall Workday) ● Maintain signs, posts and make sure the information is current and relevant. (Year-round) ● Brush the trail corridor 10’ high and 4’ wide. (Spring Workday) ● Improve drainage features to reduce pooling and erosion. (Fall Workday) ● Cut back and remove invasive species along the trail. (Year-round) ● Maintain the kiosk infrastructure and materials. (Year-round) C) Little Deer Creek Trail - $250
● Improve the tread by removing or burying roots. (Spring Workday) ● Maintain signs, posts and make sure the information is current and relevant. (Year-round) ● Brush the trail corridor 10’ high and 4’ wide. (Year-round) ● Improve drainage features to reduce pooling and erosion. (Fall Workday) ● Cut back and remove invasive species along the trail. (Year-round) D) Miner’s Trail - $250
● Walk the trail and monitor current conditions and usage. (Year-round) ● Provide feedback to the in-town trail group on improvements to be made. (As needed)
2. Payment for Services
In consideration of BYLT providing services, the City will reimburse BYLT for staff time spent ($50/hr) and expenses incurred including materials and mileage. We anticipate the work outlined above will take between 60-70 hours. Total cost will not exceed $3,500.00. An invoice for services rendered will be emailed to the City within fifteen days of the completion of each project. Payment will be made within thirty days after receipt of invoice.
3. Period of Performance
The period of performance is from January 1, 2022 - December 31, 2022. This agreement may be terminated by either party with thirty days written notice. Neither completion nor termination shall affect BYLT’s obligations under Article 9.
4. Status of Contractor
BYLT enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. The City agrees BYLT is not and will not become an employee, agent, or principal of the City while this agreement is in effect. The City agrees BYLT is not entitled to the rights or will not be included in the benefits afforded to the Cities employees, including disability or unemployment insurance, workers compensation, medical insurance, sick leave, or any other employment benefit. BYLT is responsible for providing, at BYLT’s own expense, disability, unemployment, and other insurance, worker's compensation, training, permits and licenses.
5. Payment of Income Taxes
BYLT is responsible for paying when due all income taxes incurred as a result of the compensation paid by the City for services under this agreement. The City agrees to indemnify BYLT for any claims, costs, losses, fees, penalties, interest or damages suffered by BYLT resulting from the City’s failure to comply with this provision.
6. Non-Exclusive Relationship
BYLT may represent, perform services for, and contract with as many additional clients, persons, or companies as BYLT, in his sole discretion, sees fit.
7. Time and Place of Performing Work
Subject to customer needs BYLT may perform the services under this agreement at any suitable time and location he chooses.
8. Tools, Materials, and Equipment
All tools, materials, and equipment required to perform the services under this agreement will be paid for by the City. BYLT will provide receipts and invoices for work completed at the time of billing.
9. Confidential Information
Any written, printed, graphic, or electronically or magnetically recorded information furnished by BYLT for the City’s use is the sole property of BYLT. This proprietary information includes, but is not limited to, marketing information, and information concerning BYLT's employees, services, and operations. The City will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with BYLT's approval, and only to the extent necessary to perform the services under this agreement. On termination of this agreement, the City will return any confidential information in the City’s possession to BYLT.
10. Subcontracting
BYLT will not subcontract or assign any portion of the work under this agreement without the prior written consent of the City. BYLT manages a large Adopt-A-Trail program and these volunteers occasionally remove trash and other obstacles from the trails. The work that the adopters complete is separate from this agreement and will never be invoiced to the City.
11. Indemnity
The City agrees to indemnify, defend and hold BYLT free and harmless from all claims and expenses that BYLT may incur as a result of a breach by the City of any representation or agreement contained in the agreement.
12. Right to Act as Contractor
The City warrants to BYLT that the City is not subject to any obligations, contracts, or restrictions that would prevent the City from entering into or carrying out the provisions of this Agreement.
13. Attorney's Fees
If any legal action, including any action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any relief to which that party may be entitled.
14. Amendment
This Agreement may be amended only by a written document signed by both BYLT and the City. This agreement may be terminated by either party with thirty days written notice.
15. Governing Law
This Agreement shall be governed by the laws of the State of California.
City Hall Bear Yuba Land Trust
317 Broad Street PO Box 1004
Nevada City, CA 95959 Grass Valley, CA 95945
By:________________________ By:______________________
Joan Phillipe Erin Tarr
City Manager Executive Director
Date:_______________________ Date:____________________
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 12
Subject: Bench Request from Nancy Chaloupka
From: Dawn Zydonis, Parks & Recreation Manager
Date: December 15, 2021
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the requested bench location & wording for the plaque to be placed on the bench.
ISSUE STATEMENT AND DISCUSSION:
Per the City’s “Policy for Placement of an Item in a City Park or Open Space” any individual or family requesting to place a bench should complete a Memorial Placement Request Form and choose a bench location from those provided in the Policy. The individual making the request will need to cover all costs for materials and installation. Plaques placed on a bench shall be no larger than 12” x 12” with lettering no larger than 1”. Wording for all plaques must be approved by City Council.
The bench location that was chosen is not included on the Policy map. You will see from the attached Request that the original location requested is different from this report. Staff determined that the original location is too close to the creek, would require environmental review. The application worked with staff to determine a better location. Staff believe the new proposed bench location is a good location as it will be next to an existing bench and create a conversational space for park users.
The wording that is requested is as follows:
“There is no grander earthly privilege than to have been loved by a dog.” FINANCIAL AND/OR POLICY IMPLICATIONS:
All costs for placement of the bench will be covered by the applicant.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Policy for Placement of Items in City Park & Open Space Bench Placement Request
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 13
Subject: Second Reading of Ordinance 2021-11, AN
ORDINANCE OF THE CITY OF NEVADA CITY
ADOPTING AMENDMENT 1 TO DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF
NEVADA CITY AND THE SUCCESSORS IN INTEREST
TO NEVADA CITY TECH CENTER, LLC AND KENMA
WR-NEVADA CITY, LLC
From: Amy Wolfson, City Planner
Date: January 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt Ordinance 2021-11 ISSUE STATEMENT AND DISCUSSION: At the December 8, 2021 regular meeting, City Council introduced Ordinance 2021-11 for a first reading for an application to amend the text of an existing Development Agreement (DA) to split the DA area into two units (Unit 1 and Unit 2). The amendment would also allow offices, administrative and executive, as defined in Chapter 17.48.020(E) of the Nevada City Municipal Code; and cannabis businesses as defined in Chapter 17.48.020 of the City’s Municipal Code to be developed within Units 1 and 2. In addition, the DA would be amended to no longer allow classrooms and child care facilities.
ORDINANCE: The project site is located at 400 Providence Mine Road in the western portion of Nevada City. The approximately 100-acre project site consists of the Nevada City Tech Center, with three existing buildings. A DA for the project site was approved on November 12, 1985, and an associated Environmental Impact Report (EIR) was certified on August 13, 1984 to address the environmental effects of the proposed light industrial development on the project site. The most recent action occurring related to the Nevada City Tech Center was an extension of the DA approved by the City Council on August 12, 2015, to continue development of a business park project which would consist of approximately 400,000 square feet (sf) of light industrial space, and 20,000 sf of related facilities within the DA Area, allocating 200,000 sf of light industrial space and 10,000 sf of ancillary space each, to Unit 1, the northerly parcel, and Unit 2, the southerly parcel.
The proposed land uses that would be allowed on the project site following approval of the DA amendment would be consistent with the project site’s LI zoning designation, pursuant to Section
17.48.020 of the Nevada City Municipal Code as well as professional office uses. Currently, two office uses are located within the DA area of Unit 1 and one office building in Unit 2. Therefore, the City has previously allowed Offices, administrative and executive, as defined in Chapter 17.48.020(E) of the Nevada City Municipal Code to be developed on the project site. The DA amendment would memorialize the development of the existing office uses within the DA area, and would allow further development of office uses within the project site. In addition, cannabis businesses, as defined in Chapter 17.48.020 of the Nevada City Municipal Code, would be allowed on-site consistent with the LI zoning designation of the project site. However, because the DA is limited to uses entitled to the Employment Center zoning designation, express entitlement must be granted through the DA amendment process. The City Council has the ability to add additional regulations regarding cannabis uses in the DA area if needed. Additionally, the DA would be amended to no longer allow classrooms and child care facilities within the DA Area.
Approval of the DA amendment request is supported by finding that:
A. The proposed changes to the Development Agreement are consistent with the EC General Plan designation and applicable policies;
B. Pursuant to Nevada City Municipal Code Section 17.48.020, the proposed land uses are consistent with the LI zoning designation of the project site.
ENVIRONMENTAL CONSIDERATIONS: A CEQA Memorandum (Attached) was prepared to evaluate the proposed project to determine whether the project is exempt from further review under CEQA. As discussed throughout the Memorandum, the proposed project would be considered exempt from further CEQA review, consistent with CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations. Accordingly, the exemption from further analysis presented in Section 15162 applies to the proposed project as new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previously certified EIR was certified has not been identified as discussed in the December 8, 2021 staff report.
PLANNING COMMISSION RECOMMENDATION:
At a public hearing held on November 18, 2021, the Planning Commission recommended the DA amendment be exempt from further review and recommended adoption of the Ordinance, amending the 2015 DA to split the DA into two and on Unit 1 and Unit 2 allow Offices, administrative and executive, as defined in Chapter 17.48.020(E) of the Nevada City Municipal Code, and cannabis businesses as defined in Chapter 17.48.020 of the Nevada City Municipal Code; and to no longer allow classrooms and child care facilities within the DA area, determining that approval is supported by finding A and B in the staff report.
FINANCIAL AND/OR POLICY IMPLICATIONS: Processing of the DA amendment request is funded by the applicant.
ATTACHMENTS:
• Ordinance 2021-11, AN ORDINANCE OF THE CITY OF NEVADA CITY ADOPTING AMENDMENT 1 TO DEVELOPMENT AGREEMENT BY AND BETEEN THE CITY OF
NEVADA CITY AND THE SUCCESSORS IN INTEREST TO NEVADA CITY TECH CENTER, LLC AND KENMA WR-NEVADA CITY, LLC.
1 ORDINANCE 2021-11
AMENDMENT 1 TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF NEVADA CITY AND THE SUCCESORS IN INTEREST TO NEVADA CITY TECH
CENTER, LLC AND KENMA WR-NEVADA CITY, LLC
THIS AMENDMENT 1 TO DEVELOPMENT AGREEMENT is made and entered into by and between the CITY OF NEVADA CITY, a municipal corporation of the State of California (“City”) and the following successors in interest to the original Owners party to the Development Agreement: GANESH GROUP, LP (a California Limited Partnership), ROBERT UPTON, REDWOOD VENTURES, LLC (a California Limited Liability Company), PROVIDENCE MINE, LLC (a California Limited Liability Company), and SPENCER CAMPBELL (“Owners”). This Amendment is effective as of ___________, and amends that certain Development Agreement dated August **, 2015 (“DA”).
WHEREAS, the Owners own in fee the real property located within the City of Nevada City described in Exhibit A to the DA and referred to herein as the “Subject Property”; WHEREAS, an agreement regarding the development of the Subject Property was originally entered into between the City and Grass Valley Group in November of 1985, and has been extended at various times thereafter, with the most recent agreement being the DA executed on August __, 2015;
WHEREAS, the current ownership of the parcels making up the Subject Property is as follows:
Owner Name Parcel Information
Ganesh Group, LP
Christopher Anderson
P.O. Box 179
Penn Valley, CA 95946
[email protected]
(530)414-3380
400 Providence Mine Road
APN 005-100-092
Robert Upton
12555 Dunbar Road
Glen Ellen, CA 95442
[email protected]
Cell 415-298-8633
12555 Dunbar Road
Glen Ellen Ca 95442
APN 005-190-47, 48
005-190-51, 52, 53
005-560-01, 02, 03, 04, 05
Brian Stewart
Redwood Ventures, LLC
121 San Anselmo Ave, #2741
San Anselmo, CA 94960
Email [email protected]
Cell 415-377-5586
351-356 Providence Mine Road
APN 005-190-056, 057, 058, 059, 060, 061
2 Jack Kasbergen
Providence Mine, LLC
31870 County Road 27
Woodland, CA 95695
Email [email protected]
Telephone 530-304-0170
310 Providence Mine Road
APN 005-190-049
Spencer Campbell 357 Providence Mine Road
APN 005-190-062
WHEREAS, the parties now desire to execute this Amendment 1 to document proposed amendments to the DA as provided by Paragraph 1.8, providing for amendment by mutual agreement in accordance with the provisions of Government Code Section 65868; NOW THEREFORE, for good and valuable consideration, the parties hereto agree as follows:
1. Section 1.6 in Article I shall be amended as follows (with deletions in strike-out and additions in italics):
1.6 Land Use Plan. "Land Use Plan" as used herein refers to that Land Use Plan Map attached hereto as Exhibit "C". Said Land Use Plan may be amended from time to time by mutual consent of the parties hereto and in conformance with the provisions of Government Code Section 65868. The term Land Use Plan herein shall include any such amendments properly approved and executed. Notwithstanding the fact that the Subject Property is zoned LI-Light Industrial, the only uses permitted on the Subject Property are the permitted, conditional, and accessory uses consistent with City's prevailing regulations for the ECEmployment Center zoning district and including these additional land uses: Permitted accessory uses typically associated with the technological, research and development, and a digital campus, such as classrooms, child care facilities, and and other similar uses that support such a business, and the following: (1) offices for an architect, attorney, chiropractor, dentist, engineer, medical doctors, optometrists, orthodontists and osteopaths and additional offices such as real estate, insurance, stockbroker, investment counselor, and all other offices that can meet all of the requirements pertaining to landscaping, setbacks and restrictive signing in this district, all in accordance with Chapter 17.44.020(E),and (2) cannabis businesses as defined in Chapter 17.48.020 of the Nevada City Municipal Code.
2. Section 2.1 in Article II shall be amended as follows (with additions in italics):
2.1 Permitted Uses. For the sole purposes of this Agreement, the Subject Property shall be used and developed only for such uses as are permitted by; (1) the Employment Center zoning district regulations, (2) as offices for an architect, attorney, chiropractor, dentist, engineer, medical doctors, optometrists, orthodontists and osteopaths and additional offices 3 such as real estate, insurance, stockbroker, investment counselor, and all other offices that can meet all of the requirements pertaining to landscaping, setbacks and restrictive signing in this district, all in accordance with Chapter 17.44.020(E), and (3) cannabis businesses as defined in Chapter 17.48.020 of the Nevada City Municipal Code, as set forth in the Zoning Ordinance of the City, and as further defined or restricted by the terms of the Development Program and this Agreement.
3. The parties agree that the DA shall apply as it currently stands with this Amendment 1 to all parcels contained in the Subject Property, and that it will be split into two separate agreements between two distinct “Units”. Unit 1 will be made up of the parcel located at 400 Providence Mine Road, APN 005-100-092, owned by Ganesh Group, LP, and Unit 2 will be made up of all of the remaining parcels contained in the Subject Property. Each Unit shall have the ability to seek future amendments to the DA applicable to the Unit without the need for approval or concurrence from the owner(s) of the other Unit. Any future amendment will specify that that it applies to the Unit 1 DA or the Unit 2 DA, as appropriate.
4. The parties acknowledge that Unit 1 is allocated 200,000 square feet of bulding space and 10,000 square feet of related ancillary facility space, and Unit 2 is allocated 200,000 square feet of bulding space and 10,000 square feet of related ancillary facility space.
5. This Amendment may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. This Agreement may be executed and transmitted by facsimile or other means of electronic communication, which signature shall be binding upon the parties as if they were original signatures.
6. That in all other respects the Development Agreement, and all terms and conditions as set forth therein, shall remain in full force and effect except as amended herein.
CITY OF NEVADA CITY GANESH GROUP, LP
By: ________________________ By: ________________________ Duane Strawser Christopher Anderson
Mayor Partner
NEVADA CITY TECH CENTER, LLC, a California limited liablility company By: CAMPUS PROPERTIES, LLC, a California limited liability company, Manager By: Robert and Linda Upton Turst, Manager
By: ______________________
Robert Upton, Trustee
Manager
4 REDWOOD VENTURES, LLC PROVIDENCE MINE, LLC
By: ______________________ By: ______________________
Brian Stewart Jack Kasbergen
Manager Manager
SPENCER CAMPBELL
By: ______________________
Spener Campbell
Owner
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 14
Subject: Award of Contracts for On-Call Emergency
Services for Debris Removal at Various Locations
From: Bryan K. McAlister, City Engineer
Date: January 7, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action:
Award Contracts for On-Call Emergency Services for Debris Removal at Various Locations.
ISSUE STATEMENT AND DISCUSSION:
The purpose of this project is for emergency services for Debris Removal associated with the December 2021 storm events. The City issued a proclamation of disaster on December 30th, 2021. The Governor issued a proclamation of a State of Emergency on December 30th, 2021.
On January 7, 2022 the City filed a Request for Public Assistance (RPA) with CA State Governors Office of Emergency Services (Cal OES) with a list of projects. The debris removal project was included as Items 4 and 5 on the list.
City staff issued a request for bids/proposals to local contractors for On-Call Emergency Services for Debris Removal at Various Locations on January 5, 2022. Bids were received on January 7, 2022 at 10AM. Contractors were directed to provide Bid Signature page (indicating that the contractor is licensed) and a Rate Sheet for Labor and Equipment. (Labor rates are the current Prevailing Wage Rates as required by CA code). The standard City contract allows for ten percent fee for overhead and profit (section 11.6 of contract) Five qualified bids received are as follows:
• Lester Enterprises Northstate Inc., Nevada City CA
• Hansen Bros., Grass Valley CA
• C&D Contractors, Nevada City CA
• PSCE, Brownsville CA
• Robinson Enterprises Inc., Nevada City CA
All five contractors listed above are responsive and responsible bidders and will be used on a rotating and availability basis.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The project is funded by FEMA Federal cost share of 75% of eligible costs, State cost-share under the California Disaster Assistance Act (CDAA) of 75% of the non-federal share (this equates to 18.75%) and a local share of 6.25% by the City of Nevada City General Fund.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Contract for On-Call Emergency Services for Debris Removal at Various Locations in Nevada City
Bid Proposals from Five (5) Contractors as listed above 1 On-Call Emergency Services
for Debris Removal at
Various Locations
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
On-Call Emergency Services for Debris Removal at Various Locations The City of Nevada City requests proposal bids for On-Call Emergency Services for Debris Removal at Various Locations. Proposals will comprise of Hourly Rates for Time and Materials On-Call Emergency Services.
Proposals will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 10:00 AM on January 7th, 2021, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California. The City Engineer and Public Works Superintendent will review the proposals and present the list of qualified contractors to City Council on January 12th, 2021 for award of contract(s).
It is anticipated that three (3) or more qualified contractors will be selected for On-Call Emergency Services. After award of contract, City staff will call for requests of emergency services by calling each contractor on a rotation basis.
If a contractor is unavailable or unresponsive, the next contractor on the rotation list will be called. ************************************************************************* The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.
DATED: January 5, 2022 CITY OF NEVADA CITY
Bryan McAlister, P.E.
City Engineer
3 PROPOSAL/CONTRACT
On-Call Emergency Services for Debris Removal at Various Locations, Nevada City, CA TO: City of Nevada City, City Hall, Nevada City, California.
The undersigned, as a bidder, submits the following proposal for the On-Call Emergency Services for Debris Removal at Various Locations in the City of Nevada City, California, and offers to perform all work and furnish all labor, materials, tools, equipment, power and water as required for the completion of said project, in accordance with the plans, specifications and all other contract documents.
The bidder is licensed with Contractors State License Board and is registered as a public works contractor with the Department of Industrial Relations as required to bid on this contract.
If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all documents and evidences of insurance, within ten (10) days after receiving written notice of the award of contract.
Attached to this bid and made a part hereof is a list of proposed subcontractors, setting forth all information required by Section 4104 of the Government Code.
The undersigned is (state whether individual, partnership or corporation) .
DATED:
FIRM NAME: BY:
Signature of Authorized Person
ADDRESS:
Contact Person:
PHONE:
CELL PHONE: _______________________
CONTRACTOR'S #:
EXPIRATION:
NEVADA CITY BUSINESS LICENSE #:
____________ EXPIRATION: __________
4 RATE SCHEDULE
CITY OF NEVADA CITY
ON-CALL EMERGENCY SERVICES FOR DEBRIS REMOVAL AT VARIOUS LOCATIONS
Personnel List with Occupation Title and Classification -- to be be invoiced at current Prevailing Wage Rates, (rates do not need to be listed on this proposal) ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Equipment List with Hourly Rates
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _____________________________________________________________________________________ 5 LIST OF SUBCONTRACTORS
NAME (DBE Y/N) PLACE OF BUSINESS
CONTRACTORS LICENSE
PORTION OF WORK
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
6 AGREEMENT
THIS AGREEMENT is made this 1st day of Dec. 2021, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and _____________________, hereinafter called "Contractor."
WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the ON-CALL EMERGENCY SERVICES FOR DEBRIS REMOVAL AT VARIOUS LOCATIONS in said City: and
WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor;
NOW, THEREFORE, IT IS AGREED by and between said parties as follows:
1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.
2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of ___________________________________(_______________) Dollars, payable in the manner hereinafter set forth.
3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.
4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within the time specified when the on-call service is requested or no more than twenty five (25) working days after Contractor receives said Notice to Proceed.
5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.
6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of 7 such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.
7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.
The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.
8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.
Executed in duplicate this _______day of _______________,2022.
ATTEST: CITY OF NEVADA CITY
By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
8 GENERAL CONDITIONS
1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.
2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.
3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.
4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.
5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such 9 further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.
6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.
7. Performance Bond
No Performance bond shall be required for this project.
8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.
A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.
9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance as required by the State of California for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.
10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:
General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Mill General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
10 The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.
11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:
State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 11 PART B
GENERAL CONDITIONS
Article
Number Title
1 Definitions
2 Preliminary Matters
3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance
6 Contractor's Responsibilities
7 Work by Others
8 Owner's Responsibilities
9 Engineer's Status During Construction
10 Changes in the Work
11 Change of the Contract Price
12 Change of the Contract Time
13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
14 Payments and Completion
15 Suspension of Work and Termination
16 Arbitration
17 Miscellaneous
12 INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Access to the Work 13.5
Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1
Agreement, Execution of 2.1
Application for Payment--definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Approval of Final Payment 14.13, 14.14
Approval of Payments--in general 14.4 thru 14.7.5
Arbitration 16
Availability of Lands 4.1
Award--Notice of--defined 1
Before Starting Construction 2.7 thru 2.9
Bid--definition 1
Bidder--definition 1
Bonds, Additional and Insurance 5.12
Bonds and Insurance--in general 5
Bonds--definition of 1
Bonds, Delivery of 2.2
Bonds, Performance and Payment 5.1, 5.2
Cash Allowances 11.9
Change Order--definition of 1
Changes in the Work 10
Claims, Waiver of 14.16
Clarifications and Interpretations 9.3
Cleaning 6.29
Completion, Payments and 14
Completion, Substantial 14.8, 14.9
Contract Documents--definition of 1
Contract Price, Change of 11
Contract Price--definition of 1
Contract Time, Change of 12
Contract Time--Commencement of 2.5
Contract Time--definition of 1
Contractor--definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor, Neglected Work by 13.12
Contractor's Continuing Obligation 14.15
Contractor's Fee 11.6
Contractor's Liability Insurance 5.3
Contractor's Pre-Start Representations 2.4
Contractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Copies of Documents 2.3
Correction or Removal of Defective Work 13.9
Correction Period, One Year 13.10
Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5
13 Costs, Supplemental 11.4.5
Day--definition of 1
Defective Work, Acceptance of 13.11
Defective Work, Correction or Removal of 13.9
Defective Work--definition of 9.4
Defective Work--in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.2
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.3
Drawings--definition of 1
Drawings, Record 6.19
Emergencies 6.22
Engineer--definition of 1
Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9
Execution of Agreement 2.1
Fee, Contractor's 11.6
Field Order--definition of 1
Field Order--issued by Engineer 10.2
Final Acceptance for Payment 14.12
Final Inspection 14.11
Final Payment, Approval of 14.13, 14.14
General--Miscellaneous Provisions 17.3 thru 17.7
Giving Notice 17.1
Guarantee 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.2, 13.3
Insurance--Additional Bonds and 5.12
Insurance, Bonds and--in general 5
Insurance--Certificates of 2.9 and 5
Insurance, Contractor's Liability 5.3
Insurance, OWNER's Liability 5.4
Insurance, Property 5.5 thru 5.11
Interpretations and Clarifications 9.3
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.15
Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4
Materials and Equipment--furnished by Contractor 6.3
Materials or Equipment, Substitute 6.7
Miscellaneous Provisions 17
Modification--definition of 1
Neglected Work by Contractor 13.12
Notice, Giving of 17.1
Notice of Award--definition of 1
Notice to Proceed--definition of 1
14 Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
OWNER's Liability Insurance 5.4
OWNER's Representative--Engineer to serve as 9.1
OWNER's Responsibilities--in general 8
Partial Utilization 14.10
Patent Fees and Royalties 6.13
Payments and Completion--in general 14
Payments, Approval of 14.4 thru 14.7.5
Performance, Payment and other Bonds 5.1 thru 5.2
Permits 6.14, 6.15
Physical Conditions--Surveys and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.9
Premises, Use of 6.17, 6.18
Price--Change of Contract 11
Price--Contract--definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.8, 14.1
Project--definition of 1
Project Representative, Resident--definition of 1
Project Representative, Resident--provision of 9.8
Project, Starting 2.6
Property Insurance 5.5 thru 5.11
Protection, Safety and 6.20 thru 6.21
Record Drawings 6.19
Reference Points 4.4
Regulations, Laws and 6.15
Rejecting Defective Work 9.4
Removal or Correction of Defective Work 13.9
Resident Project Representative--definition of 1
Resident Project Representative--provision of 9.8
Responsibilities, Contractor's 6
Responsibilities, OWNER's 8
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawings Submissions 2.8, 14.1
Schedule of Values 14.1
Shop Drawings and Samples 6.23 thru 6.28
Shop Drawings--definition of 1
Site inspection--by Contractor 2.8
Site, Visits to--by Engineer 9.2
Specifications--definition of 1
Starting Construction, Before 2.7 thru 2.9
Stopping Work--by Contractor 15.5
Stopping Work--by OWNER 13.8
Subcontractor--definition of 1
Subcontractors--in general 6.8 thru 6.12
Substantial Completion--certification of 14.8
15 Substantial Completion--definition of 1
Substitute Materials or Equipment 6.7
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety--consent to payment 14.12, 14.14
Surety--qualification of 5.1, 5.2
Suspending Work, by OWNER 15.1
Suspension of Work and Termination--in general 15
Superintendent--Contractor's 6.2
Supervision and Superintendence 6.1, 6.2
Taxes 6.16
Termination--by Contractor 15.5
Termination--by OWNER 15.2 thru 15.4
Termination, Suspension of Work and--in general 15
Tests and Inspections 13.2, 13.3, 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract--definition of 1
Uncovering Work 13.6, 13.7
Use of Premises 6.17, 6.18
Values, Schedule of 14.1
Visits to Site--by Engineer 9.2
Waiver of Claims 14.16
Warranty and Guarantee--by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.5
Work by Others--in general 7
Work, Cost of 11.4
Work--definition of 1
Work, Neglected by Contractor 13.12
Work, Stopping by Contractor 15.5
Work, Stopping by OWNER 15.1 thru 15.4
16 GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement.
Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.
Bid - The offer or proposal of the Bidder submitting on the prescribed form setting forth the prices for the Work to be performed.
Bidder - Any person, firm, or corporation submitting a Bid for the Work.
Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.
Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.
Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.
Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.
Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.
CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.
Day - A calendar day of twenty-four hours measured from midnight to the next midnight.
Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.
ENGINEER - The person, firm or corporation named as such in the Agreement.
Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) 17 a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.
Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.
OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.
Project - The entire construction to be performed as provided in the Contract Documents.
Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.
Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]
Subcontractor - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.
Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.
Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. 18 ARTICLE 2 - PRELIMINARY MATTERS
Execution of Agreement:
2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.
Delivery of Bonds:
2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.
Additional copies will be furnished, upon request, at the cost of reproduction.
Contractor's Pre-Start Representations:
2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.
Commencement of Contract Time: Notice to Proceed:
2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.
Starting the Project:
2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.
19 Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.
2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.
2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.
ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF
CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.
ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed 20 by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions - Surveys and Reports:
4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.
Unforeseen Physical Conditions:
4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions.
Reference Points:
4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved.
ARTICLE 5 - BONDS AND INSURANCE
Performance and Payment Bonds:
5.1 Upon execution of the contract agreement, CONTRACTOR shall also provide, at his own expense, a separate Payment bond, in an amount equal to at least 100 percent of the contract price, as security for payment of all persons performing labor and furnishing materials regarding the contract. This payment bond must remain in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid and shall 21 otherwise comply with civil code. Sureties for these bonds shall be satisfactory to the City Attorney.
Should any bond become insufficient, CONTRACTOR shall renew the bond within 10 working days after receipt of notice from the City.
Should any surety at any time be unsatisfactory to the City, a notice will be given to CONTRACTOR to that effect.
No further payments shall be deemed due or will be made under said agreement until a new surety shall qualify and be accepted by the City.
Changes in said agreement or extensions of time, made pursuant to the agreement, shall in no way release CONTRACTOR or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
Contractor's Liability Insurance:
5.2 CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under workman's compensation laws, disability benefit laws, or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom – any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplementary Conditions or General Requirements (Division 1) or required by law, whichever is greater, shall include parties. Before starting Work, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen days prior written notice has been given to OWNER and ENGINEER.
Any deductibles or self-insured retentions must be declared to and approved by the OWNER. At the option of the OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER, its officers, officials, employees and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the OWNER guaranteeing payment of losses and related investigations, claim administration and defense expenses.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The ENGINEER and the OWNER, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance.
2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the ENGINEER and the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the ENGINEER and the OWNER, its officers, officials, employees, or volunteers 22 shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall be cancelled by either party, except after fifteen (15) days prior written notice by certified mail, return receipt requested, has been given to the OWNER and the ENGINEER.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Insurance is to be placed with a current A.M. Best's rating of no less than A:VII.
CONTRACTOR shall furnish the OWNER with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the OWNER or on other than the OWNER's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserved the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
CONTRACTOR shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
OWNER's Liability Insurance:
5.4 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.5 Unless otherwise provided, OWNER shall purchase and maintain property insurance upon the Project to the full insurable value hereof. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of Fire, Extended Coverage, Vandalism, and Malicious Mischief, and such other perils as may be specified in the Supplementary Conditions or General Requirements (Division 1), and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).
5.6 OWNER shall purchase and maintain such steam boiler and machinery insurance as may be required by the Supplementary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work.
5.7 Any insured loss under the policies of insurance required by paragraphs 5.5 and 5.6 is to be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.11.
5.8 OWNER shall file a copy of all policies with CONTRACTOR before an exposure to loss may occur. If 23 OWNER does not intend to purchase such insurance, he shall inform CONTRACTOR in writing prior to commencement of the Work. CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to OWNER.
If CONTRACTOR is damaged by failure of OWNER to purchase or maintain such insurance and so to notify CONTRACTOR, then OWNER shall bear reasonable costs properly attributable thereto.
5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order.
5.10 OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 6.12.
5.11 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 16. OWNER as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.
Additional Bonds and Insurance:
5.12 Prior to delivery of the executed Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in paragraph 6.7).
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.
6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR.
24 Labor, Materials, and Equipment:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform personnel to survey and lay out the Work and perform construction as required by the Contact Documents. He shall at all times maintain good discipline and order at the site.
6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.
6.5 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents.
Substitute Materials or Equipment:
7.1 If the General Requirements (Division 1 of the Specifications), law, ordinance, or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9 (unless another time is provided in the General Requirements), make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense.
Concerning Subcontractors:
6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of Award.
CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the 25 difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. CONTRACTOR shall not without the consent of OWNER and ENGINEER make any substitution for any Contractor, other person or organization who has been accepted by OWNER and ENGINEER unless ENGINEER determines that there is good cause for doing so.
6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER or pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values.
6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.
6.11 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.
6.12 All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee under paragraph 5.9. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR under paragraph 5.5 through 5.11, inclusive.
Patent Fees and Royalties:
6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of an invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.
Permits:
26 6.14 CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.
CONTRACTOR shall also pay all public utility charges.
Laws and Regulations:
6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications and Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations.
Taxes:
6.16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed.
Use of Premises:
6.17 CONTRACTOR shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.
6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it.
Record Drawings:
6.19 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show changes made during the construction process.
These shall be available to ENGINEER and shall be delivered to him for OWNER upon completion of the Project. [Note: Further provisions in respect of such record drawings may be included in the General Requirements (Division 1).]
Safety and Protection:
6.20 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
6.20.1 all employees on the Work and other persons who may be affected thereby,
6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site and
27 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.
CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify OWNERs of adjacent utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that Work is acceptable
6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.
Emergencies:
6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional work done by him in any emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and
12. Shop Drawings and Samples:
6.23 After checking and verifying all field measurements. CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like to enable ENGINEER to review the information as required.
6.24 CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
28 6.25 At the time of submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents.
6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved.
CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.
6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER.
6.28 ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
[Note: Further provisions in respect to Shop Drawings and samples may be included in the General Requirements (Division 1).]
Cleaning:
6.29 CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. [Note: Further provisions in respect to cleaning may be included in the General Requirements (Division 1).] Indemnification:
6.30 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified 29 hereunder.
6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by an employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.
6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents, or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents, or employees provided such giving or failure to give is the primary cause of injury or damage.
ARTICLE 7 - WORK BY OTHERS
7.1 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the other CONTRACTOR'S who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs.
7.2 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work.
7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. CONTRACTOR shall not endanger any work by others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and of the other CONTRACTOR'S whose work will be affected.
7.4 If the performance of additional work by other CONTRACTOR'S or OWNER is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves him in additional expenses or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 30 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objections, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration.
8.3 OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraph 14.4 and 14.13.
8.4 OWNER's duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.
8.5 OWNER's responsibilities in respect of liability and property insurance are set forth in paragraph 5.4 and
5.5. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders.
8.7 OWNER's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph
13.2. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1.
Paragraph 15.2 deals with the OWNER's right to terminate services of CONTRACTOR under certain circumstances. 31 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
OWNER's Representative:
9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of OWNER and ENGINEER.
Visits to Site:
9.2 ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of CONTRACTOR'S.
Clarifications and Interpretations:
9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.
Rejecting Defective Work:
9.4 ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2 or has been damaged prior to approval of final payment). He will also have authority to require special inspection or testing of the Work as provided in paragraph 13.7, whether or not the Work is fabricated, installed, or completed.
Shop Drawings, Change Orders and Payments:
9.5 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive.
9.6 In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11, and 12. 32 9.7 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article
14. Resident Project Representative:
9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents.
Decisions on Disagreements:
9.9 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing within a reasonable time.
9.10 Either OWNER or CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16, such arbitration to be in accordance with Article 14.16, such arbitration to be in accordance with Article 16. However, no demand for arbitration of any such claim, dispute, or other matter shall be made until the earlier of (a) the date on which ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which ENGINEER rendered his written decision in respect to the claim, dispute, or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.
Limitations on ENGINEER's Responsibilities:
9.11 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees any other person performing any of the Work.
9.12 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 33 ARTICLE 10 - CHANGES IN THE WORK
10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, other additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party.
10.2 ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.
10.3 Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.7.
10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in paragraph 4.3, and Work performed in an emergency as provided in paragraph
6.22 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by ENGINEER.
10.5 It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly.
CONTRACTOR shall furnish proof of such adjustment to OWNER.
ARTICLE 11 - CHANGE OF THE CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.
11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.
11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:
11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 34 11.3.2 By mutual acceptance of a lump sum.
11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).
Cost of the Work:
11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foreman at the site. The expenses of performing work after regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER.
11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.
11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers, and accountants) employed for services specifically related to the Work.
11.4.5 Supplemental costs including the following:
11.4.5.1 The proportion of necessary transportation, traveling, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which 35 remain the property of CONTRACTOR.
11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority.
11.4.5.5 Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses.
11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.
11.4.5.9 Cost of premiums for bonds and insurance which OWNER is required to pay in accordance with paragraph 5.12.
11.5 The term Cost of the Work shall not include any of the following:
11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee.
11.5.2 Expenses of CONTRACTOR's principal and branch offices other than his office at the site.
11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.
11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in 36 subparagraph 11.4.5.9).
11.5.5 Costs due to negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.
Contractor's Fee:
11.6 The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows:
A fee based on the following percentages of the various portions of the Cost of the Work:
11.6.1.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent,
11.6.1.2 for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and
11.6.1.3 no fee shall be payable on the tasks of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5.
11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.
11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data.
Cash Allowance:
11.9 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed.
ARTICLE 12 - CHANGE OF THE CONTRACT TIME
12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence 37 of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.
12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.
12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.
38 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF
ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.
Tests and Inspections:
13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.
13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.
13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.
Access to Work:
13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.
Uncovering Work:
13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.
13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, 39 material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.
OWNER May Stop the Work:
13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.
One Year Correction Period:
13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.
Acceptance of Defective Work:
13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 40 Neglected Work by Contractor:
13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
ARTICLE 14 - PAYMENTS AND COMPLETION
Schedules:
14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.
Application for Progress Payment:
14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.
Contractor's Warranty of Title:
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").
Approval of Payments:
14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 41 his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.
14.5 ENGINEER's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment ENGINEER will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, or procedures of construction, or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens.
14.6 ENGINEER's approval of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.
14.7 ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect OWNER from loss because:
14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement,
14.7.2 claims or Liens have been filed or there is reasonable cause to believe such may be filed,
14.7.3 the Contract Price has been reduced because of Modifications,
14.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.11, or
14.7.5 of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.
Substantial Completion:
14.8 Prior to final payment, CONTRACTOR may, in writing to OWNER and ENGINEER, certify that the entire Project is substantially complete and request that ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Project to determine the status of completion. If ENGINEER does not consider the Project substantially complete, he will notify CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers the Project 42 substantially complete, he will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Project substantially complete, he will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
Partial Utilization:
14.10 Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project.
OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.
Final Application for Payment:
14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the 43 procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify him against any Lien.
Approval of Final Payment:
14.13 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approval final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved final Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.
14.14 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
Contractor's Continuing Obligation:
14.15 CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval or any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents.
Waiver of Claim:
14.16 The making and acceptance of final payment shall constitute:
14.16.1 a waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to 44 comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and
14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:
15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.
OWNER May Terminate:
15.2 If CONTRACTOR is adjusted a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order.
15.3 Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability.
15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit.
Contractor May Stop Work or Terminate:
15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application 45 for Payment within thirty days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due.
ARTICLE 16 - ARBITRATION
16.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.
16.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within the thirty-day period specified in paragraph 9.10 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
16.3 CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing.
ARTICLE 17 - MISCELLANEOUS
Giving Notice:
17.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice.
Computation of Time:
17.2 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
General:
17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the 46 place of the Project.
17.4 All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project.
17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.
17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.
17.7 The Contract Documents shall be governed by the law of the place of the Project.
47 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) 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 contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under 48 subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. Effective January 1, 2012.) 1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her 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:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner 49 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(Amended by Stats. 2014, Ch. 28, Sec. 71. Effective June 20, 2014.) 1777.5
(a) This chapter does not prevent the employment of properly registered apprentices upon public works. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 50 apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
51 (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and 52 geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor 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 contract by the respective contractor 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. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.
53 General Notes:
A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.
B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.
C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.
D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.
E. All work shall conform to the best practice prevailing in the various trades comprising the work.
F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.
G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.
H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.
I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.
J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.
K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).
L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.
M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities where such facilities may conflict with placement of improvements shown on this plan. Call 54 ‘Underground Service Alert’ at 800-642-2444 prior to any excavation.
N. The locations of all underground facilities shown on this plan are approximate. A reasonable effort has been made to locate and delineate all underground facilities. However, the design engineer assumes no liability for the accuracy of completeness of the existing facilities shown on hereon or for the existence of other underground utilities not shown on these plans. The contractor shall verify the location of all existing facilities interfering with the construction of improvements. If so directed by the design engineer, the contractor shall stop work immediately until remedial action can be taken. Any cost resulting from the contractor’s failure to report and or failure to stop work as directed will be the responsibility of the contractor.
O. The contractor shall request construction staking for any phase of work no less than two working days prior to commencement of construction.
P. The contractor is responsible for the protection of all existing monuments and other survey markers during construction. Monuments disturbed, or lost, due to construction activities will require that the contractor have them replaced, in kind, by a licensed California Land Surveyor-who will be required to file either a Corner Record, or Record of Survey, with the County-whichever will meet the requirements of L.S. Act Section 8773
Q. The Contractor shall provide one complete set of As-Built Drawings. Any changes to the plans shall be shown on a clean set of drawings marked in red and given to the City Engineer at job completion. 55 Project Specifications
PROJECT LIMITS
Various Locations within City Limits of the City of Nevada City.
PROJECT DESCRIPTION
The project consists of On‐Call Emergency Services for Debris Removal at Various Locations.
CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, traffic control, demolition, clearing, removal and disposal of demolition debris or excess materials, earthwork, compaction, shoring, dewatering, temporary bypass facilities, and all other incidental work as noted or shown on the plans. Clean dirt or Wood Chips only may be disposed of on old City airport property and all other materials should be disposed of offsite (not on City property).
Restoration of disturbed areas with similar materials as exists prior to construction (i.e. soil stabilization, concrete or asphalt) and repair of any damaged materials shall be provided by the contractor as part of their work. Final Payment shall not be made until all cleanup and restoration work is complete.
Contractor shall provide written notice to Public Works Supt or City Engineer no fewer than two days in advance of any disruption of service including water, sewer, sidewalk or road access. The City will provide all notifications to the public. The contractor shall coordinate and verify with City staff to ensure that property owners, business owners and residents have been provided sufficient notice of the disruption of service. The Contractor shall not disrupt service without written approval from City staff.
Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner. The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 15
Subject: Consideration of Adoption of Resolution No. 2022- 04: A Resolution of the City Council of the City of Nevada Appointing Five Members to the Citizens Oversight Committee for Measures C and M
From: Bill Falconi
Date: January 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:
In 2016 the citizens of Nevada City passed Measure “C”, funding fire and police services without a sunset clause. In 2020, the citizens of Nevada City passed Measure “M” funding roads, sewer, and water without a sunset clause. Recently the council instructed the staff to combine the Measure “C” and Measure “M” Citizens’ Oversight Committees into one for both measures. Staff prepared an Oversight Committee application and posted it on the city website. Two original Measure “S” (now “M”) members have agreed to continue. The original and new members are as follows:
1. Neil Locke on the committee since 2006. He is willing to continue.
2. Mike Barber on committee since 2006. He is willing to continue.
3. Nancy Bleile was on the committee in support of Measure “M” in 2020. She is willing to be on the committee.
4. Quinn Heaton lives locally and is interested in City affairs. He is willing to be on the committee.
5. David Bohegian served on the Nevada City Planning Commission and is willing to be on the committee.
Staff recommends the appointment of the above 5 members to serve on the new Measure “C” & “M” Oversight Committee.
FISCAL CONSIDERATIONS:
The City generates about $435,000 per year in Measure “C” funds and the City generates about $500,000 in Measure “M” funds. Each year the staff prioritizes the use of said funds during the budget cycle, as reviewed by the Citizens’ Oversight Committee.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution No. 2022-04
CITY OF NEVADA CITY
RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
APPOINTING FIVE MEMBERS TO THE CITIZENS OVERSIGHT COMMITTEE
FOR MEASURES C AND M
WHEREAS, in 2016 the voters passed Measure C to provide funding for fire and police services; and
WHEREAS, in 2020 the voters passed Measure M to provide funding for roads, sewer and water projects; and
WHEREAS, both measures provided for citizen oversight committees; and WHEREAS, the oversight committees for both measures are charged with the same responsibilities; and
WHEREAS, one committee can serve for both measures; and WHEREAS, the city received five applications for the oversight committee; and WHEREAS, the names submitted are as follows:
1. Niel Locke
2. Mike Barber
3. Nancy Bleile
4. Quinn Heaton
5. David Bohegian
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City approves and appoints these five individuals to serve on the combined Measure C and M Oversight Committee.
PASS AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 12th day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Duane Strawser
Mayor
ATTEST:
___________________________________
Niel Locke
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 16
Subject: Commercial Street Improvements, Phase II -
Update
From: Bryan McAlister, City Engineer
Amy Wolfson, City Planner
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file or provide staff direction with any final plan revisions ISSUE STATEMENT AND DISCUSSION:
At the August 20, 2021 meeting the planning commission made recommendations to the City Council on a Commercial Street Improvement Phase II. Phase II improvements consists of roadway rehabilitation of approximately 600 linear feet of Commercial Street, widening of the sidewalk, enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. The project includes replacement of deteriorated pavement and sidewalks and drainage improvements. Phase I improvements are complete and consisted of underground utility pipe replacements for Water, Sewer and Storm Drain. The remaining utility work will be completed with Phase II.
At their meeting held on November 10, 2021, City Council approved a plan revision, presented as “Option 2” for Commercial Street Improvement Project and directed staff to present project specifics to Planning Commission for the final contractor bid request. At the December 16, 2021 meeting, the planning commission considered crosswalk materials and planter/ seatwall locations, as these were items needed to be included in the current contractor bid request. At that meeting, the planning commission expressed some concern that it wasn’t Council’s intent to approve the entirety of “Option 2.” The main point of confusion appeared to be in the span between the eastern proposed bollard set and the intersection of Main Street and Commercial Street.
Proposed Improvement span
between eastern bollards and
intersection at Main Street as
shown in approved “Option A”
FINAL PLAN AMENDMENTS: Below is an excerpt of the Commercial Street Item from the draft Planning Commission action minutes (to be reviewed at the January 20, 2022 meeting). The Planning Commission took five actions and gave direction to staff on three items as follows:
Planning Commission Item 8 Commercial Street Finish Components Public: See video record
• Motion by T. Nigh to approve crosswalk design with long-cut granite borders.
Seconded by A. Cobden
Vote: 4 ayes/ 1 no (Ermshar); motion passes
• Motion by P. Van Zant to approve the crosswalk interior concrete surface, scored and surfaced to mimic the “stage arrival” photograph taken in front of the National Hotel entrance, presented at the meeting, with a finish that replicates the aged and textured surface and the bid contract shall include a requirement for the selected contractor to provide product samples of finished textures and color, made available to the planning commissioners for review.
Seconded by A. Cobden
Vote: 5 ayes/ 0 noes; motion passes
• Motion by R. Brown to recommend elimination of the four trees (and planters) at the eastern most sidewalk on Commercial Street (intersection of Main and Commercial Streets).
Seconded by A. Cobden
Vote: 4 ayes/ 1 no (Nigh); motion passes
• Motion by T. Nigh to recommend to eliminate the planters (just west of the western-most bollard locations) and continue to consider the placement of small trees at or near these locations (clarified that elimination of planters also means the elimination of seatwalls) Seconded by A. Cobden
Vote: 4 ayes/ 1 no (Brown); motion passes
• Motion by T. Nigh to install four crosswalks at the intersection at Pine Street and Commercial Street (eliminate the crosswalk “scramble” design) to be treated in the same manner aesthetically as the other crosswalks and eliminate one mid-block crosswalk and place a single mid-block crosswalk in the center of that span.
Seconded by A. Cobden
Vote: 4 ayes/ 1 no (Brown); motion passes
Direction to staff to obtain clarity from City Council about the extent of the approval made for “Option 2” and what the Council determined to be the portion termed as “lower Commercial” which requires further study.
Direction to staff to recommend that Council reconsider the bulb-outs shown between the Three Forks parking entry and Main Street (Note that with the elimination of the planters, staff would also recommend removing the bulb-outs).
Direction to staff to include the PVC conduit within the sidewalk so that small planter areas can be considered along the Commercial Street corridor in the future.
As indicated in the above actions taken by the Planning Commission, the planters as previously shown in Option 2, are eliminated from the plans. The Commission felt comfortable deferring their decision on specific planter locations because the City Engineer indicated that a PVC sleeve could be placed along the sidewalk so that planters could be installed in the future. However, the commission voted to eliminate the planters as shown in the bulb-outs along with the bordering seatwalls. As such, it is now staff’s recommendation to eliminate the bulb-outs altogether, as shown in the attached updated plan.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Funding per FY 2019/2020 Measure S funding allocations for Street Improvements and SB1 State funds.
ENVIRONMENTAL CONSIDERATIONS:
On May 13, 2020, City Council adopted Resolution 2020-29, a Resolution of the City Council of the City of Nevada City, State of California, approving a Notice of Exemption (NOE) for Commercial Street Phase II Improvements
ATTACHMENTS:
• Commercial Street Improvement Plan, Updated
OF ¤
CITY OF NEVADA CITY
317 BROAD STREET
NEVADA CITY, CALIFORNIA 95959
(530) 265-2496 SITEPLAN 3 7
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 12, 2022 Agenda Item No. 17
Subject: Consideration of Resolution No. 2022-05: A
Resolution of the City Council of the City of Nevada City Adopting a Community-Wide Vision and Mission Related to Justice, Equity, Diversity and Inclusion
and
Approval of Letter to the Nevada County Board of Supervisors Expressing Support for Its Adoption of the Same
From: Councilmembers Fernandez and Petersen
via Joan L. Phillipe, Interim City Manager
Date: January 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution and approve letter to the Nevada County Board of Supervisors
ISSUE STATEMENT AND DISCUSSION:
City Councilmembers Fernandez and Petersen have actively participated in the Ad Hoc, Justice, Equity, Diversity, and Inclusion Committee established by Nevada County in (date). This Committee included participation by County Supervisors Hall and Bullock and Councilmember Jan Arbuckle from Grass Valley.
The work of this committee resulted in the development of a Vision and Mission to address issues related to justice, equity, diversity, and inclusion. This Vision and Mission are included in the attached resolution that Councilmember Fernandez and Petersen are presenting to the Council for consideration of approval.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Some future policy decisions may be influenced by the adoption of this Vision and Mission. There are no foreseen financial implications.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution No. 2022-05
Draft Letter to Nevada County Board of Supervisors
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,
CALIFORNIA, ADOPTING A COMMUNITY-WIDE VISION AND MISSION RELATED TO JUSTICE, EQUITY, DIVERSITY, AND INCLUSION.
WHEREAS, the City Council of Nevada City has participated fully in the Ad Hoc, Justice, Equity, Diversity, and Inclusion Committee (Committee) established by Nevada County; and WHEREAS, the Committee has developed the following Vision and Mission:
Vision: We envision a vibrant, equitable Nevada County. A place where all residents thrive, visitors feel welcome, and we care for one another despite our differences. There is equal and fair access to resources, opportunities are abundant, and everyone does their part to embrace collective responsibility and take actions that uphold racial and social equity.
Mission: We inspire and lead our cities, town, and county to take actions to dismantle systemic racism in our communities and make way for a more vibrant and equitable Nevada County. We accomplish this by:
• Engaging with and listening to those most impacted by racial inequity • Defining the critical issues
• Educating ourselves
• Creating public awareness
• Designing policies and programs to address these issues; and WHEREAS, the Nevada City Council via this resolution adopts this Vision and Mission as guiding principles for the City when developing policies and making decisions so that all residents and visitors, civic entities, local businesses, nonprofits, and community groups experience the benefit of these principles; and
WHEREAS, the Nevada City Council, by the adoption of this Vision and Mission statement, encourages the City of Grass Valley, the Town of Truckee and the County of Nevada also to adopt this Vision and Mission so that all residents and visitors, civic entities, local businesses, nonprofits, and community groups throughout Nevada County can experience consistency in the benefit of these principals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that it adopts a community-wide Vision and Mission related to justice, equity, diversity, and inclusion to be used for policy development and decision-making.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 12th day of January 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Duane Strawser, Mayor
ATTEST:
_____________________________
Niel Locke, City Clerk
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 January 13, 2022
Nevada County Board of Supervisors
950 Maidu Avenue
Nevada City, CA 95959-8617
Honorable Chair Miller and Members of the Board of Supervisors:
Esteemed Board Members, we are writing this letter to express our support for the adoption of a communitywide mission and vision related to Justice, Equity, Diversity and Inclusion.
Our Council had representation and full participation in the Ad Hoc Committee for Justice, Equity, Diversity and Inclusion tasked with developing the below vision and mission throughout 2021. Our City has been engaged in the important work of increasing the safety, equality and inclusion that all residents and visitors experience in our jurisdiction and we are excited to partner with other government and civic entities as well as our local businesses, nonprofits, and community groups in the hope of making a larger collective impact.
We hope that you will adopt this vision and mission and lead Nevada County in achieving this vision.
Vision: We envision a vibrant, equitable Nevada County. A place where all residents thrive, visitors feel welcome and we care for one another despite our differences. There is equal and fair access to resources, opportunities are abundant, and everyone does their part to embrace collective responsibility and take actions that uphold racial and social equity.
Mission: We inspire and lead our cities, town, and county to take actions to dismantle systemic racism in our communities and make way for a more vibrant and equitable Nevada County. We accomplish this by:
● Engaging with and listening to those most impacted by racial inequity ● Defining the critical issues
● Educating ourselves
● Creating public awareness
● Designing policies and programs to address these issues.
Thank you for your time and efforts in considering this important step towards having a more inclusive and equitable county.
Sincerely,
Duane Strawser
Mayor
City of Nevada City