Agenda packet, regular meeting, first session — Nevada City City Council, February 9, 2022

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY February 9, 2021 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. 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, i.e.: 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 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. Accounts Payable—January
Recommended Action: Receive and file

2. Police Activity Report—January
Recommended Action: Receive and file

3. Building Activity Report—January
Recommended Action: Receive and file

4. 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

5. Consideration of Resolution No. 2022-10: A Resolution of the City Council of the City of Nevada City Authorizing Submittal of Application for All CalRecycle Grant and Payment Programs for Which Nevada City is Eligible
Recommended Action: Adopt resolution

6. Request for Approval of Resolution No. 2022-11: A Resolution of the City Council of the City of Nevada City Approving an Amendment to Contract with Anthropological Studies Center, Sonoma State University (Mark Selverston) for Sugarloaf Trail Section 106 Cultural Resources Study in the Amount of $3,450 Recommended Action: Approve resolution

7. Request for Approval of an Agreement between City of Nevada City , Sierra Academy of Expeditionary Learning (SAEL) and Bear Yuba Land Trust for Educational Activities at Hirschman Trail and Property
Recommended Action: Authorize Interim City Manager to sign agreement

8. Award of Bid for Commercial Street Project—Storm Drainage Recommended Action: Award bid
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.

9. Public Hearing on Ordinance No. 2022-01: An Ordinance of the City Council of the City of Nevada City Amending Title 17 of the City of Nevada City Municipal Code Adding Chapter 17.82—Objective Design Standards for Streamlined and Ministerial Residential Developments
Recommended Action: Hold public hearing, waive reading of the ordinance, read by title only, introduce by title only and scheduled for second reading and adoption for February 23, 2022

BUSINESS

10. Consideration of Updated Facility Rental Policies
Recommended Action: Approve the proposed updated policies

11. Discussion on Request from Nevada City Co-Housing for Burn Ban Exemption to Municipal Code Section 8.08.010
Recommended Action: Hear staff comments, open for public comment and discuss with possible direction to staff to return with proposed ordinance amendments or determine that Municipal Code Section 8.08.010 will stand as written

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 October 27th, 2021 Regular Meeting of the Nevada City City Council was posted October 22nd, 2021at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed October 22, 2021 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 February 9, 2021 6:30 P.M.

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

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes On the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

ADOPTION OF THE AGENDA (This is the time for agenda modifications)

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

1. Accounts Payable—January
Recommended Action: Receive and file

2. Police Activity Report—January
Recommended Action: Receive and file

3. Building Activity Report—January
Recommended Action: Receive and file

PUBLIC HEARINGS:

Notice to the Public:

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

10. Consideration of Updated Facility Rental Policies
Recommended Action: Approve the proposed updated policies

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.

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].

Signed October 22, 2021 at Nevada City, California
___________________________________________________
Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 03
Subject: Building Activity Report –
January 2022
From: Amy Wolfson, City Planner
Date: February 3, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file.

ISSUE STATEMENT AND DISCUSSION:

The attached Building Activity Report lists all permits processed by the Building Department for January 2022.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ATTACHMENTS:
• Building Activity Report, January 2022
Date
Record
Number Record Type Description Address Status Short Notes 1/31/2022 220395 Express Permit DIGITAL - PPRPlatinum re-roofPERMIT INCLUDES ONE INSPECTION 115 COTTAGE STREET,
Nevada City CA 95959 Received
Residential Platinum Program
Reroof
1/26/2022 220342 Express Permit
DIGITAL - PPRre roof, cool comp, 25 squaresPERMIT INCLUDES ONE

INSPECTION
575 EAST BROAD STREET,
Nevada City CA 95959 Issued
Residential Platinum Program
Reroof
1/24/2022 220316 Full Review
DIGITAL: Tennant improvement for a mixed use space. New coffee shop and retail bottle shop with associated support spaces. 1030 sf.Sewer backflow preventer verification to be provided to building inspector prior to final.

Includes 4 inspections.
121 ARGALL WAY, Nevada
City CA 95959 In Review
Commercial Tenant
Improvement
1/24/2022 220309 Express Permit
DIGITAL - Panel replacement from 100 A to 200 A.PERMIT INCLUDES TWO

INSPECTIONS
513 NIMROD STREET,
Nevada City CA 95959 Issued Residential Electrical
1/24/2022 220296 Express Permit
DIGITAL - Installation of 22KW with 200 amp automatic transfer switch and load shed modulesPERMIT INCLUDES TWO INSPECTIONS
508 NURSERY STREET,
Nevada City CA 95959 Received Residential Electrical
1/18/2022 220241 Express Permit
DIGITAL - PPRTear off 23 square of existing roofing. Re-roof using Owens Corning cool shingles. double felt All Slopes under 4 and 12. 2 by 2 drip edge.

New metal valleys over cap sheet dstm 3909PERMIT INCLUDES ONE INSPECTION.
102 WOODS COURT,
Nevada City CA 95959 Finaled
Residential Platinum Program
Reroof
1/18/2022 220233 Express Permit
DIGITAL - Install new solar 6.4kW, (16) modules, on the roof of garage and home.PERMIT INCLUDES TWO INSPECTIONS..
138 BOURBON HILL ROAD,
Nevada City CA 95959 Received Residential Solar Array
1/16/2022 220220 Express Permit
DIGITAL: Platinum Roofing members. Re roof, like for like, cool comp 25 squares.This permit includes one inspection.
506 NEVADA STREET,
Nevada City CA 95959 Issued
Residential Platinum Program
Reroof
JANUARY 2022 BUILDING ACTIVITY REPORT
1/14/2022 220217 Express Permit
installation of roof top solar systems on multiple roofs and solar support structures
170 RIDGE ROAD, Nevada
City CA 95959 Received Residential Solar Array
1/13/2022 220190 Full Review
Remodel Residence to create new bathroom, move doors and closets.

PERMIT INCLUDES _ INSPECTIONS.
211 REWARD STREET,
Nevada City CA 95959 Issued Residential Remodel
1/11/2022 220157 Express Permit
DIGITAL - PPRRe roof, like for like, cool comp 19 squaresPERMIT INCLUDES

ONE INSPECTION
243 NILE STREET, Nevada
City CA 95959 Finaled
Residential Platinum Program
Reroof
1/11/2022 220146 Express Permit
DIGITAL - Installing (18) SP 360 ACPV, installing new 200A main service panel.Inspector to verify sewer backflow prevention device installation.PERMIT INCLUDES TWO INSPECTIONS
418 CALVARY LANE,
Nevada City CA 95959 Issued Residential Solar Array
1/10/2022 220125 Express Permit
VOIDED - DUPLICATE PERMITremove single layer shingles and replace with cool roofPERMIT INCLUDES TWO INSPECTION.
442 BROCK ROAD, Nevada
City CA 95959 Void Residential Reroof
1/10/2022 220124 Express Permit
Tear off and reroof with cool roof - 16.5sqPERMIT INCLUDES TWO

INSPECTIONS
442 BROCK ROAD, Nevada
City CA 95959 Issued Residential Reroof
1/6/2022 220069 Express Permit
STORMDIGITAL - Replace panel due to storm damage -upgrade from 125 amp to 200 amp.PERMIT INCLUDES TWO INSPECTIONS
427 SOUTH PINE STREET,
Nevada City CA 95959 Issued Residential Electrical
1/6/2022 220068 Express Permit
STORMDIGITAL - Replace main service panel due to storm damage. Service upgrade 100 to 200APERMIT INCLUDES TWO INSPECTIONS
330 LONG STREET, Nevada
City CA 95959 Finaled Residential Electrical
1/5/2022 220044 Express Permit
DIGITAL - Installing 7.92kW AC PV system on roof of home.Inspector to verify sewer backflow device PERMIT INCLUDES TWO INSPECTIONS
442 BROCK ROAD, Nevada
City CA 95959 Issued Residential Solar Array
1/4/2022 220080 Express Permit
STORMDIGITAL - Reattach electrical panel to exterior wallReattach to riserPERMIT INCLUDES TWO INSPECTIONS
418 JORDAN STREET,
Nevada City CA 95959 Finaled
1/4/2022 220032 Express Permit
DIGITAL - Install 1 SolarEdge Energy Bank 10kWh battery to existing solar pv system.PERMIT INCLUDES TWO INSPECTIONS.
322 ALEXANDER STREET,
Nevada City CA 95959 Finaled Residential Electrical
1/3/2022 220025 Express Permit
STORM: Replace main panel of single family residential due to storm damage.

Install new panel to current code.
422 SOUTH PINE STREET,
Nevada City CA 95959 Issued Residential Electrical
1/3/2022 220016 Full Review
DIGITAL: Install Metered Pedestal and Comcast service Node for Chasin Field Apartments.Includes 2 inspections.
170 RIDGE ROAD, Nevada
City CA 95959 Issued Commercial Electrical

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 04
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: February 1, 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: February 9, 2022 Agenda Item No. 05
Subject: Consideration of Resolution No. 2022-10: A
Resolution of the City Council of the City of Nevada City Authorizing Submittal of Application for All CalRecycle Grant and Payment Programs for Which Nevada City is Eligible
From: Joan L. Phillipe
Date: February 1, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:

The city has submitted a grant application in the amount of $20,000 to fund an education program for SB 1383, the organic recycling mandate passed by the legislature becoming effective January 1, 2022. Because of the size of the city, under the mandate the city qualifies for an exemption and an application to obtain the exemption is due March1. Staff is in the process of preparing the application.

Even with the exemption, there is going to be a need to educate the community, both residential and commercial, about the effort to reduce organic waste into the landfill. The city can, if a grant application is approved, receive up to $20,000 for the implementation of the legislation. An application for the full $20,000 was submitted by the February 1 deadline to fund an education program. Part of the requirement for a complete application is adoption of a resolution authorizing submittal of applications, agreements, amendments and requests for payment required to secure funds and implement approved grant or payment projects. The attached resolution provides for that as well as authorizes the city manager to be the signatory on those documents. The resolution is effective for five years and will expire on January 30, 2027. In order for the grant application to be deemed complete, the attached resolution must be filed with CalRecycle no later that March 1, 2022.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None with the recommended action. Adoption of the resolution provides opportunity for the city to secure CalRecycle grants.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution No. 2022-10

CITY OF NEVADA CITY
RESOLUTION NO. 2022-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

AUTHORIZING SUBMITTAL OF APPLICATION FOR ALL CALRECYCLE

GRANT AND PAYMENT PROGRAMS FOR WHICH NEVADA CITY IS ELIGIBLE WHEREAS, Public Resources Code sections 4800 et seq. 14581 and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs, and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program;
NOW, THEREFORE, BE IT RESOLVED, that Nevada City is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and BE IT FURTHER RESOLVED that the City Manager is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; an d BE IT FURTHER RESOLVED that the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City of Nevada City all documents, including but not limited to, applications, agreements, amendments and requests for payment necessary to secure funds and implement the approved grant or payment project; and
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption of this resolution through January 30, 2027.

PASSED AND ADOPTED this 26th day of January 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 06
Subject: Request for Approval of Resolution No. 2022-11: A Resolution of the City Council of the City of Nevada City Approving An Amendment to Contract with Anthropological Studies Center, Sonoma State University (Mark Selverston) for Sugarloaf Trail Section 106 Cultural Resources Study
From: Dawn Zydonis, Parks and Recreation Manager
Date: January 26, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve Resolution No. 2022-11 amending the contract for Sugarloaf Trail Section 106 Cultural Resources Study in the amount of $3,450 ISSUE STATEMENT AND DISCUSSION:

By Resolution 2021-42, on September 8, 2021 the City Council of Nevada City approved the Contract for Sugarloaf Trail Section 106 Cultural Resources Study in the amount of $14,410.

The City applied for and was recommended for funding a grant with State Parks for the trail construction. A stipulation of the grant is that the environmental review also be performed in compliance with NEPA (National Environmental Policy Act) Federal requirements since this is used by CALTRANS who provides oversight for State Parks environmental review. Much of the documentation provided in the City’s CEQA analysis can be used for NEPA review, however CALTRANS has very specific requirements for Section 106 Cultural Resources Study.

Compliance with Section 106 is to be carried out in accordance with the January 1, 2014 First Amended Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it pertains to the Administration of the Federal-AidHighway Program in California.

The Contract with Anthropological Studies Center (ASC), Sonoma State University (Mark Selverston) states that the “Consultant must get authorization from City if any new cultural resources identified during survey need to be recorded at an additional cost of $600.00 per resource, prior to recording those items.”. One additional resource was identified. Additionally, it was determined by Caltrans that a third document is required, a stand-alone Determination of Effect. This was noted as a possible necessary document in the Contract with ASC. The additional cost for this document is $2, 850 for a total Contract change of $3,450.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded with Parks Dept. donations, Measure S (for that portion within R/W), and Planning outside service funds that were allocated in FY 20/21 and 20/22. The funds will also be allowable as matching funds for the grant once officially awarded and a contract is in place.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:
 Resolution No. 2022-11: A Resolution of the City Council of the City of Nevada City Approving an Amendment to Contract with Anthropological Studies Center, Sonoma State University (Mark Selverston) for Sugarloaf Trail Section 16 Cultural Resources Study
 Professional Services Contract with Anthropological Studies Center, Sonoma State University (Mark Selverston) for Section 106 Study

CITY OF NEVADA CITY
RESOLUTION NO. 2022-11

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING

AN AMENDMENT TO CONTRACT WITH ANTHROPOLOGICAL STUDIES CENTER,

SONOMA STATE UNIVERSITY (MARK SELVERSTON) FOR SUGARLOAF TRAIL SECTION 106 CULTURAL RESOURCES STUDY
WHEREAS, Resolution No. 2021-42 approved an amendment to Contract with Anthropological Studies Center, Sonoma State University (Mark Selverston) for Sugarloaf Trail Section 106 Cultural Resources Study; and
WHEREAS, the city was recommend for funding for a grant from California State Parks for the trail construction; and
WHEREAS, a stipulation of the grant is that the environmental review also be performed in compliance with NEPA (National Environmental Policy Act) that requires a Section 106 Cultural Resources Study; and
WHEREAS, Caltrans (California Department of Transportation) provides environmental review oversight for California State Parks and has very specific requirements for the Section 106 study; and WHEREAS, changes within the approved Contract are needed; NOW, THEREFORE, IT IS HEREBY RESOLVED that: the amendment to the contract with Anthropological Studies Center, Sonoma State University with Mark Selverston as Principal Investigator is hereby amended to provide the change order request for Section 106 Cultural Resources Study that is required on this project in an amount not to exceed $3,450.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 9th day of February 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser
Mayor
ATTEST:
___________________________________
Niel Locke City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 07
Subject: Agreement Between City of Nevada City, Sierra
Academy of Expeditionary Learning and Bear Yuba Land
Trust for Educational Activities at Hirschman Trail &
Property
From: Dawn Zydonis, Parks & Recreation Manager
Date: January 25, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Authorize Interim City Manager to sign Agreement between City of Nevada City, Sierra Academy of Expeditionary Learning and Bear Yuba Land Trust for Educational Activities at Hirschman Trail & Property
ISSUE STATEMENT AND DISCUSSION:

The Bear Yuba Land Trust (BYLT) and Sierra Academy of Expeditionary Learning (SAEL) would like to partner on an educational program for the students at SAEL. The City Council approved an identical Agreement with the parties for student use in 2019 & 2020. The terms of the proposed Agreement are the same as previous Agreements, and all parties were satisfied that the conditions of the Agreement and the program activities were followed and suitable for this City property.

The students will participate in the following activities:

1. Water quality monitoring. This may include mapping the waterways.

2. Scotch broom removal.

3. Western pond turtle surveys. This project may also include the construction of basking rafts.

4. Mammal surveys. This may include scat surveys, as well as, learning about where and how to place game cameras.

5. Trail maintenance related tasks. This will mostly be cutting back brush to open up the trail corridor, but may also include removing material that has sloughed off the back slope, opening up drainages and restoring the out slope.

This project is a benefit to all parties involved. The City trail will receive some maintenance that is always helpful in the long-term use of the trail and fire clearing. The neighbors and community have always expressed concerns about the wildlife in the area and the impact of the trail on wildlife. This could be a great educational tool not only for the students, but for the community as a whole.

All activities will be supervised by BYLT & SAEL employees. Trails will not be closed during educational activities, but may need to be closed for short periods during maintenance. Appropriate signage will be posted.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None
ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:
 Agreement Between City of Nevada City, Bear Yuba Land Trust and Sierra Academy of Expeditionary Learning for Educational Activities at Hirschman Trail and Property

AGREEMENT BETWEEN CITY OF NEVADA CITY, BEAR YUBA LAND TRUST AND

SIERRA ACADEMY OF EXPEDITIONARY LEARNING FOR EDUCATIONAL

ACTIVITIES AT HIRSCHMAN TRAIL AND PROPERTY
This Access Agreement is made as of this 22nd day of January, 2020 by and between the Sierra Academy of Expeditionary Learning, the Bear Yuba Land Trust (USERS) and the City of Nevada City (CITY).

RECITALS
A. WHEREAS, The CITY is the owner of certain property known as Hirschman’s Pond in Nevada City, California with a trailhead located at 115 Cement Hill Rd. and,
B. WHEARAS, USERS desire to provide learning opportunities, including water quality monitoring, turtle surveys and trail maintenance at said location and, C. WHEARAS, The CITY desires to provide USERS certain non-exclusive temporary access rights solely in connection with said activities.

NOW, THEREFORE, the parties agree as follows:

1. Subject to the terms and conditions of this Agreement, CITY grants to USERS non-exclusive temporary access rights to said property to provide learning opportunities.

2. The term of this Agreement shall commence on February 1, 2022 and shall end on June 10, 2022.

3. USERS shall waive and release, defend, indemnify and hold harmless City from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or in connection with the performance of this Agreement, including but not limited to any alleged acts, omissions, negligence or willful misconduct of the CITY its officials, officers, employees, agents, and subcontractors arising out of or in connection with the performance of the Agreement, except where caused by the sole negligence or willful misconduct of the CITY. USERS shall defend, at USERS own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the CITY. USERS shall pay and satisfy any judgment, award or decree that may be rendered against any of the CITY in any such suit, action or other legal proceeding. USER shall reimburse the CITY for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. This Indemnity provision shall survive the termination of this Agreement.

4. Insurance Requirements
Workers Compensation & Employers Liability Insurance
a. Required if USERS have employees.
b. Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
c. Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
d. Required Evidence of Coverage: Properly completed Certificate of Insurance.
e. The policy shall include a written waiver of the insurer's right to subrogate against CITY.

General Liability Insurance
f. Commercial General Liability Insurance no less broad than (Insurance Services Office (ISO) form CG 00 01.
g. Minimum Limits: 1,000,000 per Occurrence; 2,000,000 General Aggregate; 2,000,000 Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If USERS maintain higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by USERS.
h. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. USERS are responsible for any deductible or self-insured retention and shall fund it upon CITY’s written request, regardless of whether USERS have a claim against the insurance or is named as a party in any action involving CITY.
i. CITY shall be endorsed as an additional insured for liability arising out of the USERS ongoing operations (ISO endorsement CG 20 26 or equivalent).
j. The insurance provided to CITY as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by CITY.
k. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. l. Required Evidence of Coverage:
i. Copy of the additional insured endorsement or policy language granting additional insured status;
ii. Copy of the endorsement or policy language indicating that coverage applicable to CITY is primary and non-contributory; and iii. Properly completed Certificate of Insurance.

City Hall
317 Broad St.

Nevada City, CA 95959
By: Date:

Interim City Manager, Joan Phillipe
Bear Yuba Land Trust
PO Box 1004
Grass Valley, CA 95945
By: Date:

Co-Executive Director, Erin Tarr
Sierra Academy of Expeditionary Learning
505 Main St.

Nevada City, CA 95959
By: Date:

Principal, Erica Crane

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT

MEETING OF: February 9, 2022 Agenda Item No. 08
Subject: Award of Contract to Hansen Bros. Enterprises
for Commercial Street Phase 1C Storm Drain
Improvements and Authorize the Mayor to Sign
From: Bryan K. McAlister, City Engineer
Date: February 3, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: The City Council of the City of Nevada City Authorizes the Award of Contract to Hansen Bros. Enterprises for Commercial Street Phase 1C Storm Drain Improvements and Authorize the Mayor to Sign
ISSUE STATEMENT AND DISCUSSION:

City Engineering and Public Works staff identified areas where Storm Drain Improvements are needed on Commercial Street within the Downtown Historic District. Phases 1A and 1B of the project were completed in 2020 which involved replacement of water and sewer main line and services. The current project, Phase 1C Storm Drain Improvements, consists of a storm drain line on Commercial Street to replace the aging granite culvert that is underneath several buildings in that area. The extents of the project is shown and described in the contract.

Rehabilitation of Commercial Street sidewalks and pavement (Phase 2) is expected to be done immediately after the installation of storm drain in spring 2022. The Commercial Street project includes funding by Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. This project was prioritized for SB1 funding by City Council Resolution 2019-16 and funding was authorized by California Transportation Commission on August 13.

City staff solicited bids for Commercial Street Phase 1C Storm Drain Improvements from local contractors. Qualified bids received are as follows:
• Hansen Bros. Enterprises, Grass Valley CA $ 60,071.00 • Hardcore Constr., Rough & Ready CA $ 105,564.90
• PSCE, Brownsville CA $ 98,801.00
• C&D Construction, Grass Valley CA $ 95,605.00
Hansen Bros. Enterprises was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded as authorized by Measure “S” and SB1 State funds for street rehabilitation and by fiscal year 2020/2021 water fund appropriations.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:
 Contract for Commercial Street Phase 1C Storm Drain Improvements in Nevada City 1 COMMERCIAL STREET
PHASE 1C

STORM DRAIN

IMPROVEMENTS
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
Commercial Street Phase 1C Storm Drain Improvements
Sealed proposals for Commercial Street Phase 1C Storm Drain Improvements will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on February 3rd, 2022, 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.

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "Commercial Street Phase 1C Storm Drain Improvements” No Bid Bonds are required.

The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.

There is NO pre-bid meeting for this project.
************************************************************************* 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: February 20, 2022 CITY OF NEVADA CITY

Bryan McAlister, P.E.

City Engineer
3 Forms required for Bid Proposal
In accordance with provisions of State Funded projects, the contractor shall provide these forms at time of bid:
• Signed Bid Proposal
• Bid Schedule
• Bidder’s List of Subcontractors (DBE and Non-DBE)
• Public Contract Code Section 10285.1 Statement
• Public Contract Code Section 10162 Questionnaire
The above listed documents, General Conditions and all State Labor Code requirements in effect at the time of bid are considered part of the Bid Proposal and Contract Agreement.

8 AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, 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 COMMERCIAL STREET PHASE 1C Storm Drain Improvements 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 fifteen (15) 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 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. 9 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 , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
10 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 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. 11 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 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 Commercial 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.

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. 12 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) 13 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
14 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
15 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
16 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
17 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
18 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) 19 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. 20 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.
21 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 22 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 23 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 24 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 25 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.
26 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 27 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:
28 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
29 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.
30 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 31 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. 32 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. 33 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. 34 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. 35 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. 36 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 37 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 38 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:

11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,

11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work:

11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent,

11.6.2.2 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

11.6.2.3 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. 39 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 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.

40 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, 41 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. 42 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 43 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 44 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 45 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 46 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 47 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 48 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.

49 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 50 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 51 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 52 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.
53 (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 54 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.

55 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 56 ‘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. 57 Project Specifications

PROJECT LIMITS
Commercial Street and intersecting streets (including Union, Coyote and Main Street) in downtown Nevada City. Refer to improvement plans for limits of work.

PROJECT DESCRIPTION
The project consists of 1) water main replacement with new valves and connection to existing water meters within the project limits.

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. Restoration of disturbed areas with similar materials as exists prior to construction (i.e. concrete or asphalt) and repair of any damaged materials shall be provided by the contractor at their expense. 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.

All time limits stated in the Contract Documents are of the essence of the Agreement. It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.
58 TRAFFIC CONTOL
At all times when work is not being performed, streets and driveways shall be safe for through traffic and pedestrians.

Lane closure shall comply with the Manual on Uniform Traffic Control Devices (CA MUTCD) current edition. Notify Public Works Supt or City Engineer no fewer than two days in advance of proposed lane closure or driveway closure.

The contractor shall coordinate and verify with City staff that homeowners have been provided sufficient notice of any disruption of service including water, sewer or road access.

The Contractor shall provide and install traffic control signage and barricades as required for pedestrian and vehicular safety. Construction activity requiring lane closures shall conform to the following restrictions: The travel way on Commercial, Main, Union and Coyote may be reduced to one 11 foot lane of traffic with two way stop control. Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented for Commercial Street and Main Street provided that there is provision for vehicles to access private parking areas and businesses. At the end of each work shift, all traffic lanes shall be open for safe pubic use of the roadway. The Contractor shall provide access to parking lots, driveways, residences and businesses at all times unless otherwise approved by the City Engineer. Pedestrian, bicycle and delivery access shall be provided through construction areas at all times, unless otherwise approved by the City Engineer.

OF ¤

CITY OF NEVADA CITY
317 BROAD STREET
NEVADA CITY, CALIFORNIA 95959
(530) 265-2496 STORM DRAIN PLAN 1 2
OF ¤

CITY OF NEVADA CITY
317 BROAD STREET
NEVADA CITY, CALIFORNIA 95959
(530) 265-2496 DRAINAGE DETAILS 2 2

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 08
Subject: Award of Bid for Commercial Street Project—Storm Drainage
From: Joan L. Phillipe
Date: February 4, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action:

THIS ITEM WILL BE DISTRIBUTED ON MONDAY, FEBRUARY 7

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
SPECIAL MEETING OF: February 9, 2022 Agenda Item No. 09 Subject: Ordinance 2022-01, ORDINANCE OF THE CITY
OF NEVADA CITY AMENDING TITLE 17 OF THE CITY

OF NEVADA CITY MUNICIPAL CODE ADDING
CHAPTER 17.82 – OBJECTIVE DESIGN STANDARDS

FOR STREAMLINED AND MINISTERIAL RESIDENTIAL

DEVELOPMENTS
From: Amy Wolfson, City Planner

Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action:
• Waive Reading Of Ordinance, Read Title Only and Introduce for First Reading: Ordinance 2022-01, ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 –

OBJECTIVE DESIGN STANDARDS FOR STREAMLINED AND MINISTERIAL

RESIDENTIAL DEVELOPMENTS
ISSUE STATEMENT AND DISCUSSION: At the December 8, 2021 meeting City Council adopted Ordinance 2021-10 to implement Senate Bill 9 (SB 9). SB 9 is one of several bills passed by the State in 2021 in an effort to address the State’s housing crisis. This bill went into effect on January 1, and requires cities to ministerially approve up to two residential units per single-family lot, which includes the City’s R1 and Rural Residential (RR) zones. Prior to SB 9 , Senate Bill 35 went into effect in January 2018, requiring a streamlined and ministerial review process for multifamily housing projects with specific qualifications. Both bills allow local jurisdictions to apply objective design standards as part of the ministerial review.

DRAFT ORDINANCE: Objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The standards in the draft ordinance are primarily sourced from the City’s Design Guidelines along with examples found in other jurisdictions, particularly for multifamily design standards. These draft standards were also inspired by general discussion by the planning commission at various Architectural Review meetings. Staff has incorporated a provision allowing applicants to opt into an Architectural Review process before the planning commission/architectural review committee, when they find a particular standard “undesirable” (see 17.82.010(D)). It is staff’s intent to also provide example illustrations to aid in the description of many of the standards as written, including window styles, siding profiles, massing breaks, etc. These illustrations will be beneficial to both applicants and staff in determining compliance, but will take time to complete.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission adopted Planning Commission Resolution 2022-002, recommending adoption of the draft Ordinance without change at their regular meeting held January 20, 2022.

FINANCIAL AND/OR POLICY IMPLICATIONS: The City is required to implement streamlined, ministerial processing for some residential development projects per State law, but may still charge appropriate application processing fees. In the event that implementation of objective design standards requires staff time beyond what is covered under current fee schedules, staff will return with a recommendation to adjust fees accordingly.

ENVIRONMENTAL CONSIDERATIONS: The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment and are not subject to CEQA review. The amendments proposed will preserve and enhance aesthetic resources and each of the proposed amendments is necessary to conform the Code to State law, and any conceivable impact of the proposed amendments would be speculative in the absence of specific development proposals.

ATTACHMENTS:
• Planning Commission Resolution 2022-002
• Ordinance 2022-01, ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 – OBJECTIVE DESIGN STANDARDS FOR STREAMLINED AND

MINISTERIAL RESIDENTIAL DEVELOPMENTS
PLANNING COMMISSION RESOLUTION NO. 2022-02
(ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 – OBJECTIVE DESIGN STANDARDS FOR

STREAMLINED AND MINISTERIAL RESIDENTIAL DEVELOPMENTS)
The Planning Commission of the City of Nevada City finds and determines that:

WHEREAS, on January 1, 2018, Senate Bill 35, intended to help address California’s housing shortage, went into effect, requiring a streamlined and ministerial review process for multifamily housing projects with specific qualifications; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the housing development containing two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing and ministerially approve an urban lot split; and WHEREAS, SB 9 and SB35, allows local agencies to impose objective zoning, subdivision, and design review standards; and
WHEREAS, there is a continued effort by the State of California to require jurisdictions to utilize a ministerial and streamlined process for specified of housing projects; this ministerial and streamlined process requires objective standards to address a variety of design concerns typically resolved during a discretionary design review process; and
WHEREAS, on January 20, 2022, the Planning Commission held a duly noticed public hearing on the Zoning Code text amendment, and at which time, recommended approval of the proposed text amendment to the City Council of the City of Nevada City; and
WHEREAS, The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment and are not subject to CEQA review. The amendments proposed will preserve and enhance aesthetic resources and each of the proposed amendments is necessary to conform the Code to State law, and any conceivable impact of the proposed amendments would be speculative in the absence of specific development proposals; and WHEREAS, after this public hearing, the Planning Commission finds that amending the Nevada City Zoning Code, as follows, is required for public convenience, necessity and general welfare:

Recommendation
The planning commission hereby recommends City Council approval of: ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 – OBJECTIVE DESIGN STANDARDS FOR STREAMLINED AND MINISTERIAL RESIDENTIAL DEVELOPMENTS as provided in Exhibit A
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Nevada City at a public meeting held on the 20th day of January 2022.
___________________________________
ATTEST: ............Thomas Nigh, Chairperson
By: __________________________________
Niel Locke, City Clerk
ORDINANCE NO. 2022-XX
ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 – OBJECTIVE

DESIGN STANDARDS FOR STREAMLINED AND MINISTERIAL RESIDENTIAL

DEVELOPMENTS
WHEREAS, on January 1, 2018, Senate Bill 35, intended to help address California’s housing shortage, went into effect, requiring a streamlined and ministerial review process for multifamily housing projects with specific qualifications; and WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the housing development containing two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing and ministerially approve an urban lot split; and
WHEREAS, SB 9 and SB35, allows local agencies to impose objective zoning, subdivision, and design review standards; and
WHEREAS, there is a continued effort by the State of California to require jurisdictions to utilize a ministerial and streamlined process for specified of housing projects; this ministerial and streamlined process requires objective standards to address a variety of design concerns typically resolved during a discretionary design review process; and
WHEREAS, on _________________, the Planning Commission held a duly noticed public hearing on the Zoning Code text amendment, and at which time, recommended approval of the proposed text amendment to the City Council of the City of Nevada City; and
WHEREAS, on ________________________ the City Council held a duly noticed public hearing on the Zoning Code text amendment at which all those wishing to be heard were allowed to speak or present written comments and other materials; and
WHEREAS, The proposed amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) in that the amendments do not have the potential to cause a significant effect on the environment and are not subject to CEQA review. The amendments proposed will preserve and enhance aesthetic resources and each of the proposed amendments is necessary to conform the Code to State law, and any conceivable impact of the proposed amendments would be speculative in the absence of specific development proposals; and
WHEREAS, after this public hearing, the Council believes that amending the Nevada City Zoning Code, as follows, is required for public convenience, necessity and general welfare:

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:

PC Reso 2022-02
Exhbit A
Section 1. The Council of the City of Nevada City finds, based on evidence and records presented, that amending Title 17 (Zoning) of the Nevada City Municipal Code, as follows, is required to result in more clear, effective and inclusive residential design objectives. Section 17.82.010 through section 17.82.030 are hereby added to read as follows:
“CHAPTER 17.82 OBJECTIVE DESIGN STANDARDS FOR STREAMLINED

AND MINISTERIAL RESIDENTIAL DEVELOPMENTS

17.82.010 Objective Design Standards – Purpose and Definitions A. This Chapter establishes objective residential design standards that are primarily sourced from the City’s Design Guidelines. Typically, new residential development is required to go through the City’s discretionary Architectural Review process, which includes review for compliance with the City’s Design Guidelines. The Design Guidelines are subjective in nature and demonstrate preferences while allowing discretion and flexibility, and as such, cannot be enforced through a streamlined ministerial process. Objective Design Standards for Streamlined and Ministerial Residential Developments aim to incorporate the intent of the Nevada City Design Guidelines to the greatest extent possible, while complying with the intent of State legislation to facilitate and expedite the construction of housing in Nevada City
B. Consistent with existing State Law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.

C. Floor Area Ratio (FAR) ) is the measurement of a building’s floor area in relation to the size of the lot/parcel that the building(s) is/are located on. FAR is expressed as a decimal number, and is derived by dividing the total area of the building by the total area of the parcel (building area ÷ lot area).

D. Residential developments that are subject to this Chapter must be consistent with each of the standards below. If any of the standards are undesirable to the applicant, the applicant may opt to go before the Architectural Review Committee for consideration of an alternative proposal for the standard(s) specified by the applicant.

E. Massing breaks shall mean dividing a large form into linked smaller forms by incorporating recessing and projecting elements to avoid flat monotonous facades

17.82.020 Applicability.

A. The provisions of this Chapter apply to all single-family and multi-family residential projects which upon applicant request and demonstration of eligibility, qualify for streamlined and ministerial processing.

PC Reso 2022-02
Exhbit A

17.82.030 Objective Residential Design Standards.

A. Neighborhood Compatibility.

1. Residential projects of at least two dwelling units on a single lot, including Accessory Dwelling Units, located within or abutting properties zoned R1 (single-family residential) or RR (Rural Residential) shall orient dwelling unit entrances to face the street except that if topographic or other site constraints prevent such orientation, the entrance shall be screened from neighboring properties with landscaping and/or fencing.

2. Duplexes, triplexes, and fourplexes within or abutting properties zoned R1 (single-family residential) or RR (Rural Residential) shall include individual front doors and interior stairs (when stairs are needed).

3. Except Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) constructed pursuant to Chapter 17.72, all dwelling units constructed on a single lot within the R1 or RR zoning designations shall be detached. Where site conditions do not allow for detached units, only one entry door shall be oriented to face the front of the lot.

Entry doors for subsequent dwelling units shall face the side or rear of the lot.

4. Floor Area Ratio: Any single-family lot within the R1 and/or RR zoning designations may be developed with an ADU, JADU consistent with provisions of 17.72, and two primary dwelling units consistent with provisions of 17.74, so long as the total building floor area, including proposed and existing buildings and accessory buildings, but excluding buildings exempt from building permit requirements, does not exceed a floor area ratio (FAR) of 0.5. Development plans must indicate the floor areas of all buildings, existing and proposed, on a lot.

5. For any unit developed within a converted garage, the garage door shall remain in place and look functional, or the garage door shall be removed. If the door is removed, the project shall include architectural features (including siding, doors, windows, trim and accent details), and landscaping (such as a landscape strip to disconnect the driveway from the building wall) so it is not apparent that the structure was originally a garage.

6. Any ADU taking advantage of reduced setbacks pursuant to Section

17.72.027, or dwelling unit taking advantage of reduced setbacks pursuant to 17.74.C.1 or C.2 shall not have doors or windows within such setback unless required to meet health and safety requirements B. Building Design.

1. Elevation Themes:
a. Residential units on a single lot shall have the same roof material and PC Reso 2022-02
Exhbit A
color.
b. Multi-family projects in excess of five dwelling units which elect to construct both affordable units and market rate units within the same development, shall construct the affordable units and market rate units with the same exterior materials and details such that the units are not distinguishable.
c. Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

C. Roof Styles

1. The primary roof structure for residential units shall be designed with overhangs and gable ends. Secondary roof pitches, such as those over porches, may have a shed-style roof design.

2. The primary roof pitch shall be a minimum 6:12 and maximum 12:12 pitch and secondary roof pitches, such as those over porches, shall be a minimum of 4:12 pitch and a maximum not to exceed the primary roof pitch. Exception to this requirement may be made where the property has an existing dwelling unit and the proposed dwelling unit will match the roof-pitch of the existing.

3. Roof material shall be composite shingle, standing-seam metal, or bonderized corrugated metal
D. Siding Material and Profiles

1. New construction siding material outside the historic district shall be true brick, wood, or fiber cement and shall be installed in the following styles:
a. Horizontal oriented siding shall be paintable. It may be lapped or tongue-and-groove with a maximum exposure of 8 inches in one of the following profiles: Dutch lap, V-groove, traditional lap, beaded, beveled, Dolly Varden, or Teardrop
b. Vertical board-and-batten siding shall be paintable, un-grooved plywood or composite panels with applied vertical battens between 12 and 16 inches on center.
a. Shingle-style siding shall be paintable.

2. A single residential building may be designed with up to two of the above siding styles if the differentiated siding is separated by trim details and delineated by architectural function such as gable ends, stem walls, porches, floor levels, pop-outs, chases.

3. In addition to the maximum of two siding styles allowed per residential building, chimney chases, stem walls, and foundations shall be faced PC Reso 2022-02
Exhbit A
with true stone or true brick.

E. Window style

1. Window casings shall be wood or paintable composite material with 3.5 to 6 inch trim, terminating in a horizontal sill detail that has a minimum ¾ inch thickness, and with an optional apron trim below sill which shall not exceed the width of the window casing material. Exception to this requirement may be made where the property has an existing dwelling unit and the proposed dwelling unit will match the window casings of the existing unit.

2. Window material shall be wood, metal, or vinyl clad with 1.5 to 2 inch rails and stiles. Where muntins are used, they shall be a maximum of 7/8 inch wide.

3. If vertical corner boards are incorporated into the building design, they shall have an assembled width per side of 3.5 to 4.5 inches. Exception to this requirement may be made where the property has an existing dwelling unit and the proposed dwelling unit will match the corner boards of the existing.

4. Railings shall be painted or stained wood, paintable composite material, or painted/powder-coated wrought iron or tubular steel.

Where tubular steel is used, they shall incorporate a wood or composite top cap.

5. New residential units shall incorporate double-hung, single-hung, and/ or fixed window styles with a minimum of 1:1.5 width to height proportion for windows facing front or side yards. Light configurations shall be either a single light, true divided light, or simulated true divided light (whereby grids are fused to the glass).

6. If garages are constructed or remodeled and if windows are incorporated into the garage door, the windows shall be oriented horizontally along the top of the garage door and shall not be located within the bottom third of the garage door. Windows shall be square or rectangular in shape.

7. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.

8. A minimum of 5/8 inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

F. Massing/Articulation.

1. Multifamily development in excess of five units shall have a minimum of two features such as balconies, dormers, patios and/or, individualized PC Reso 2022-02
Exhbit A
entries. In addition, accent materials shall be incorporated into each project building.

2. Buildings over two stories tall shall have major massing breaks at least every 100 feet along any street frontage, adjacent to a public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.

3. Buildings shall have minor massing breaks at least every 30 feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.

G. Outdoor/Common Space.

1. Multifamily development in excess of five units, shall incorporate a minimum of 40 square feet of private outdoor space directly adjacent to each unit each. For the purposes of this standard, private outdoor space is defined as outdoor space that is usable and accessible only to the building residents and their visitors, but not to the general public.

2. A minimum of 3,000 square feet of Common useable open space is required for all multifamily development projects with at least ten units plus 200 square feet for every additional unit The City may grant up to a 50% reduction of the required open space when a project is located directly adjacent to public park or open space.

3. Outdoor seating shall be provided at common usable open space areas and outside of laundry facilities.

4. Multifamily developments (except Senior restricted multifamily developments) exceeding twenty units shall have two outdoor areas, one for adults and one for a child play area. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating.

5. Multifamily developments (except Senior restricted multifamily developments) - exceeding 50 units shall have three open space areas, one for adults, one for teenagers, and one for younger children. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating, and teenage outdoor areas include sports fields, age- appropriate park equipment, or other recreational equipment.

6. Play equipment for children under the age of five shall be included in child play areas. The play area must be visible to as many units as possible to provide casual surveillance and be separated from traffic.

PC Reso 2022-02
Exhbit A
Benches or picnic tables for adults that are accompanying younger children shall be provided.

7. For any project whereby new landscaping is proposed, pursuant to California Code of Regulations Section 492.1, prior to building permit issuance submit to the Planning Department a Landscape
Documentation Package consistent with Section 492.3. Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall:
a. Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion b. Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and
c. Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor
H. Site Design.

1. For multifamily projects in excess of five dwelling units, when dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area.

2. Garages shall be designed to include a minimum of two of the following from the main building(s): siding materials, detailing, roof materials, and colors.

3. Attached carports are not permitted (detached carports are required to be reviewed by the Architectural Review Committee)

4. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

5. For multifamily projects in excess of five dwelling units, where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

6. Screen all parking areas, covered and uncovered, from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater).

I. Accessory Elements.

1. Perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, or wood picket material.

PC Reso 2022-02
Exhbit A

2. Retaining walls shall not exceed 10-feet in height

3. Retaining walls in excess of four feet in height and which are visible from a public street, shall be screened with vegetation or else faced with true stone or true brick.

4. Refuse Containers:
a. Five units or less may be served by individual garbage containers.

When individual garbage cans are used, they shall either fit in the garage or into a special enclosure.
b. Multifamily projects in excess of five units or more, shall provide dumpsters for garbage collection within a special enclosure. c. When dumpsters are to be used, designers shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required. Unless otherwise determined by the refuse pickup provider, dumpster capacity shall allow for a minimum of 80 gallons per unit per week.
d. Shield all dumpsters within an enclosure a minimum of six feet tall.

Allow adequate size to accommodate the needed dumpsters and recycling containers. All enclosures and gates should be detailed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
e. Locate dumpster enclosures so that no dwelling is closer than 20 feet (including those on abutting properties), or more than 100 feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.”
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 3. Effective Date. This ordinance shall take effect on the 31st day following its adoption.

Section 4. Certification. The City Clerk shall certify to the passage and adoption of this ordinance as required by law
PASSED, APPROVED AND ADOPTED this ___th day of ______2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PC Reso 2022-02
Exhbit A
____________________________

DUANE STRAWSER, MAYOR
ATTEST:
______________________________
Niel Locke, City Clerk

APPROVED AS TO FORM
_______________________________
Dean Pucci, City Attorney
PC Reso 2022-02
Exhbit A
ORDINANCE NO. 2022-XX
ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 17 OF THE CITY OF NEVADA CITY MUNICIPAL CODE ADDING CHAPTER 17.82 – OBJECTIVE

DESIGN STANDARDS FOR STREAMLINED AND MINISTERIAL RESIDENTIAL

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:

Section 1. The Council of the City of Nevada City finds, based on evidence and records presented, that amending Title 17 (Zoning) of the Nevada City Municipal Code, as follows, is required to result in more clear, effective and inclusive residential design objectives. Section 17.82.010 through section 17.82.030 are hereby added to read as follows:
“CHAPTER 17.82 OBJECTIVE DESIGN STANDARDS FOR STREAMLINED

AND MINISTERIAL RESIDENTIAL DEVELOPMENTS

E. Massing breaks shall mean dividing a large form into linked smaller forms by incorporating recessing and projecting elements to avoid flat monotonous facades

17.82.020 Applicability.

17.82.030 Objective Residential Design Standards.

A. Neighborhood Compatibility.

Entry doors for subsequent dwelling units shall face the side or rear of the lot.

6. Any ADU taking advantage of reduced setbacks pursuant to Section

1. Elevation Themes:
a. Residential units on a single lot shall have the same roof material and color.
b. Multi-family projects in excess of five dwelling units which elect to construct both affordable units and market rate units within the same development, shall construct the affordable units and market rate units with the same exterior materials and details such that the units are not distinguishable.
c. Blank walls (facades without doors, windows, landscaping treatments) shall be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

C. Roof Styles

1. The primary roof structure for residential units shall be designed with overhangs and gable ends. Secondary roof pitches, such as those over porches, may have a shed-style roof design.

3. Roof material shall be composite shingle, standing-seam metal, or bonderized corrugated metal
D. Siding Material and Profiles

3. In addition to the maximum of two siding styles allowed per residential building, chimney chases, stem walls, and foundations shall be faced with true stone or true brick.

E. Window style

2. Window material shall be wood, metal, or vinyl clad with 1.5 to 2 inch rails and stiles. Where muntins are used, they shall be a maximum of 7/8 inch wide.

4. Railings shall be painted or stained wood, paintable composite material, or painted/powder-coated wrought iron or tubular steel.

Where tubular steel is used, they shall incorporate a wood or composite top cap.

7. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from wall plane by a minimum of three inches.

8. A minimum of 5/8 inch thickness is required for panel siding. Battens are required to be incorporated into the design for a board and batt appearance.

F. Massing/Articulation.

1. Multifamily development in excess of five units shall have a minimum of two features such as balconies, dormers, patios and/or, individualized entries. In addition, accent materials shall be incorporated into each project building.

G. Outdoor/Common Space.

3. Outdoor seating shall be provided at common usable open space areas and outside of laundry facilities.

Benches or picnic tables for adults that are accompanying younger children shall be provided.

1. For multifamily projects in excess of five dwelling units, when dwelling units are abutting open space areas, a minimum of one window from each dwelling shall be located to overlook common area.

2. Garages shall be designed to include a minimum of two of the following from the main building(s): siding materials, detailing, roof materials, and colors.

3. Attached carports are not permitted (detached carports are required to be reviewed by the Architectural Review Committee)

4. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility.

5. For multifamily projects in excess of five dwelling units, where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

I. Accessory Elements.

1. Perimeter fencing utilized along a public street shall be constructed of decorative iron, pre-painted welded steel, or wood picket material.

2. Retaining walls shall not exceed 10-feet in height

3. Retaining walls in excess of four feet in height and which are visible from a public street, shall be screened with vegetation or else faced with true stone or true brick.

4. Refuse Containers:
a. Five units or less may be served by individual garbage containers.

Section 3. Effective Date. This ordinance shall take effect on the 31st day following its adoption.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
____________________________

DUANE STRAWSER, MAYOR
ATTEST:
______________________________
Niel Locke, City Clerk

APPROVED AS TO FORM
_______________________________
Dean Pucci, City Attorney

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 10
Subject: Consideration of Updated Facility Rental Policies From: Dawn Zydonis, Parks & Recreation Manager
Date: February 3, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the proposed updated Facility Rental Policies ISSUE STATEMENT AND DISCUSSION:

At the City Council meeting on October 27, 2021, the Council reviewed proposed Facility Rental Policies for all City facilities that are rented to the public. The Council gave staff direction to work with a committee that included Council Members, Gary Petersen and Doug Fleming to finalize the Facility Rental Policies and bring them back to City Council.

The Committee met several times and have agreed on the attached updated Facility Rental Policies. The main points of concern that were included in the updated Policies are:
• Amplified music and noise levels shall not exceed 60 decibels. This is the current allowance within City ordinance 8.20.30 for nighttime volume.
• The City may have a Liaison on site during the sound check and event to monitor sound levels.

The goal is to have a City Liaison at each event – especially amplified music/sound events. • Only one amplified music or amplified sound event can take place every other weekend. Staff has provided a calendar that shows the dates that have currently been requested. The amplified music events will have to be removed from the calendar, a lottery system will take place to reschedule events on the available dates, as noted on the calendar. The lottery system is explained on page 11 of the Policies.
• Events open to the public, having amplified music or expecting more than 200 people are encouraged to have security on site during the event. Security personnel should be independent certified personnel. The City reserves the right to require security personnel. • Events having amplified music/sound or that are open to the public, must notify neighbors at least 30 days prior to your event date. Flyers or some form of notification to the neighbors is required.

A map of the neighbors that need to be notified is provided in the Policies. The requirement to collect signatures has been removed, this is simply an opportunity for the event planners to reach out to neighbors. City Staff will also post information about these events on our website. The City will notify the public about how they can find these details on the City’s website. • Requiring off-site parking with a shuttle was considered, but would out-price event planners, so a map of parking is included on page 10. It is expected that event planners would provide this information in some format to their staff, volunteers, participants, etc. It will also be posted on the City’s website.
• Events that are requesting an exemption from any policies must be approved in advance by City Council.
• The Committee also discussed an increase in the Refundable Security Deposit. The Council is not being asked to consider that tonight, it will be brought back to the Council at a later date.

There were other minor adjustments made to the Facility Rental Policies. Those included changing the “Cleaning Deposit” to a “Refundable Security Deposit”, non-profit organizations renting City facilities must be in good standing with the CA Secretary of State, and limiting the time on sound checks.

The City Planner is working with the City’s Contractor, Price Consulting Services to update the Noise Element which is a necessary component of the Safety Element update, a mandatory element of the City’s General Plan. The noise assessment component may guide the City to make changes to City ordinances related to noise and could encourage further adjustments to the Facility Rental Policies in the future.

The committee feels the changes that have been made will create a positive experience for renters, participants and neighbors.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Policy implications are as described above. The policy to limit the number of amplified events could potentially reduce rental revenues. The impact to neighbors is the concern that is being addressed and the facility can still be rented, it just limits the type of events that can take place.

ENVIRONMENTAL CONSIDERATIONS:

The noise element is primarily what is being addressed in these policy changes. The noise levels will continue to be monitored by City Staff.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
 Updated Facility Rental Policies
 Noise Ordinance
 Calendar of events
1 Nevada City Parks & Recreation
Facility Rental Policies
Contact Information:

For questions or information:

Phone #: 530-265-2496 x129, www.nevadacityca.gov
Facility Addresses (Do NOT mail anything to these addresses.):

Pioneer Park – Bandshell: 421 Nimrod St, Nevada City, CA 95959 Pioneer Park – Picnic Areas: 425 Nimrod St., Nevada City, CA 95959 Pioneer Park – Seaman’s Lodge: 427 Nimrod St, Nevada City, CA 95959 Firehouse #2: 422 Broad St, Nevada City, CA 95959
Robinson Plaza and Calanan Park: Union St, Nevada City, CA 95959 Before Using a Facility:

The following items are required prior to having access to the facility you are renting. If items are not turned in by the required due dates, your event will be cancelled. Details about each checklist item below are included in the Policies. Refer to the Facility Rental Fee Schedule to confirm fees.

Non-Refundable Deposit to reserve rental date: Due within 2 weeks of requesting your date.

Completed Contract: Due 40 days prior to event date. It is recommended to turn it in sooner, so all questions and concerns can be addressed.

Rental Fees & Refundable Security Deposit: Due 30 days prior to event date.

Certificate of Insurance: Due 30 days prior to event date.

Large events at the Bandshell or outdoor areas may require a pre-event meeting. This meeting with City staff must take place at least 60 days prior to the event date. The purpose of the meeting is to discuss special needs & set-up information, confirm fees, and discuss event details.

ABC Alcohol Permit (if selling alcohol): Copy of the Permit is due to the Recreation Department prior to being allowed access to the facility.

Events that are having amplified music/sound or open to the public, must notify neighbors at least 30 days prior to your event date.

In Addition:
• The Contact Person (Day of), named on the contract, must be at least 21 years of age and monitor the facility throughout the entire rental.
• If alcohol will be sold at the event, the Renter is responsible for acquiring a Daily License from ABC (www.abc.ca.gov or call 916-419-1319). You must get a signature from the Recreation Dept. and the Police Dept. Plan ahead to give time to acquire the appropriate signatures. The Police Dept. charges a fee for processing alcohol permit requests. A copy of the permit must be provided to the Recreation Dept.
• If you would like to drop off supplies the day before your event or pick-up supplies the day after your event, those dates and times must be included on your Rental Contract and Proof of Insurance. Additional fees apply.
2 Payments
• Cash and Check payments should be made payable to: City of Nevada City and delivered to City Hall, Attn. Parks & Recreation; 317 Broad St., Nevada City, CA 95959. Write “Parks & Rec” on the memo line. When coming into City Hall, it is the Renters responsibility to know what fees are due as Parks & Recreation staff are not always available and City Hall staff do not have access to this information.
• Recreation staff will email an invoice to the Renter for the non-refundable deposit and all other fees. Payments can be made online. A 3% convenience fee will be added to your total for online payments.
• The Non-refundable Deposit is due within 2 weeks of reserving your event date. This will be credited towards your rental fee. If a rental is allowed within 30 days or less of the rental date, the rental fee will include the Non-refundable Deposit. • Rental fees are due at least 30 days prior to the rental date. • The Refundable Security Deposit is due at least 30 days prior to the rental date. If the Rental Policies are followed and the facility is cleaned as directed, the Refundable Security Deposit will be refunded to the Renter within 30 days of the event or 30 days after the facility key(s) are returned. This refund will be in the form of a check that will be mailed to the name and address provided on the Facility Rental Contract.
• Refunds for cancellations will only be granted up to 30 days prior to the event date, minus the Non-refundable Deposit.
• If forecasted foul weather (rain, smoke, lightening, etc), scheduled power outages or changes in COVID-19 guidelines cause a cancellation of the event, Renters may request a 50% refund of their Rental Fee or transfer fees to another date. There are no refunds or date transfers if foul weather or a power outage interrupt your rental. If another date is not available or a date is not available that works for the Renter, the Renter will receive a 50% refund. • All Rental Contracts that involve ongoing or repeated events for more than a single occasion will be invoiced quarterly and charged a late fee for each month that fees are late. • If rental fees are waived by City Council, renters are still required to complete a Rental Contract, provide proof of insurance, pay the Refundable Security Deposit and follow all Facility Rental Policies.
• Refer to the Facility Rental Fee Schedule for all fees.

Insurance
Proof of insurance is required from all Renters. A current and valid certificate of General Liability Insurance must be provided, in the amount of $1,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City 317 Broad St. Nevada City, CA 95959 (not the facility) as additional insured. Proof of Insurance must be provided at least 30 days prior to the rental date. A sample copy of the required insurance is available on the City’s website.

If you are renting the Bandshell or another outdoor area at Pioneer Park and your event will have more than 400 attendees/participants, a $2,000,000 limit is required.

During Use of the Facility:
• The Renter is responsible for alcohol consumption by event guests. If alcohol is being sold, the Renter is responsible for enforcing and following all ABC regulations. No alcohol is allowed in Firehouse #2.
• No rice, birdseed or confetti can be used inside or around the facility. • No tape of any kind is to be used on floors and walls inside Seaman’s Lodge. Painters tape or Gaff tape can be used at all other facilities.
3 • No tacks, nails or staples are to be put in the walls at any time. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Rental Fees or the Security Deposit if an event is shut down.
• Smoking is not allowed inside City facilities, anywhere in Pioneer Park or in Robinson Plaza or Calanan Park per Municipal Code section 8.24.010. Renters are responsible for enforcement of this rule. Posting of signs is encouraged for large events. • Any event charging admission or asking for donations must be a licensed non-profit in good standing with the CA Secretary of State.
• Any music, loud voices & other noise must be terminated by the appropriate time for the facility that you are renting. Exceptions must be approved in advance, by City Council.  Bandshell: 10:00pm; An exception will be made for movies in the park, as it is understood that it needs to be dark before a movie can start. Movies with a running time longer than 2 hours will not be approved.
 Seaman’s Lodge: 11:00pm
 Picnic Areas or other outdoor spaces at Pioneer Park: 9:00pm  Firehouse #2: 10:00pm
 Robinson Plaza & Calanan Park: 11:00pm
Public Events, Amplified Music or Large Events
• There will be a lottery each year for public events with amplified music/sound. The deadline for entering the lottery and the drawing date will be announced on the City’s website by October 1st each year for the following year. Any dates not reserved through the lottery system will be made available on a first-come, first-served basis. • Events that are requesting an exemption from any policies (ie: limit of 4 hours, end time at 10:00pm, etc) must be approved in advance by City Council. Dates awarded through the lottery will be held until the Renter’s request for an exception has been taken to City Council by City Staff.
• Amplified music events that are open to the public, are only allowed at Pioneer Park on Friday’s, Saturday’s and Holidays.
• Amplified music and noise levels shall not exceed 60 decibels as approved by City Council. A City Liaison may be on site during the sound check time and during the event to monitor sound levels and will inform event planners if changes need to be made. The sound meter used by this City employee will be the deciding factor for any adjustments to sound. • Amplified music/movie events will be limited to every other weekend. • Events with amplified music may have ½ hour of sound check time and may play recorded music for ½ hour prior to their event. No music, live or recorded, can be played after the 4 hour limit or past the designated end time
• There is no limit to the number of events with acoustic music (music played with unamplified instruments). Acoustic music events may amplify small ensembles (6 or less musicians) as needed during the performance. Acoustic music events may also use a microphone for announcements/MC. Acoustic events shall not exceed 60 decibels as approved by City Council.
• Events open to the public, having amplified music or expecting more than 200 people are encouraged to have security on site during the event. Security personnel should be independent certified personnel. The City reserves the right to require security personnel. • Events open to the public, having amplified music/sound or expecting more than 200 people are required to provide to the City a flyer/marketing materials and a link to any related websites.
4 • Events open to the public should share parking information on page 10. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Rental Fees or Security Deposit if an event is shut down. Renters who have their event shut down will not be allowed to rent in the future. • Renters must provide a map showing the layout/set-up of your event. • Renters may be required to have a pre-event meeting with City Staff at least 60 days prior to your event date.
• Events having amplified music/sound or open to the public, must notify neighbors at least 30 days prior to your event date. Flyers or some form of notification to the neighbors is required.

See page 9 for a map of the neighbors that should be included. • Portable Toilets are required for events with 400 people or more. # of people # of portable toilets required
400 people 2
600 people 4
800 people 6
1,000 people 8
• Events with 400 people or more may be required to provide a 2-yard dumpster or haul off their own garbage.

Other:
• Outdoor facilities at Pioneer Park are only rented May-October of each year, weather allowing. • The City does not carry a music license. Any renters playing copy righted music must have their own license to play that music for public events. • Keys to the facility must be picked up at City Hall during business hours. An email will be sent letting the Renter know when the keys are ready to pick up. Keys must be returned to City Hall the first business day following the event, unless approved for later drop off. Keys can also be returned to the drop box that is located outside the front doors of City hall. There is a $100 fee for each lost key.
• Renters may only access the facility during the dates and times listed on their Contract. • All pets must be on leashes. Pets are not allowed inside City facilities unless they are a service animal or part of a training class at that facility. • Items lost or left behind are not the responsibility of the City of Nevada City. • Renters must provide their own supplies & equipment (i.e.: presentation, audiovisual, extension cords, etc.)
• In the event that the Rental Contract provides for ongoing or repeated events using the facility for more than a single occasion, either party may terminate the Rental Contract at any time by giving two weeks advance written notice. Processing fees may apply. If Renter is in violation of Rental Policies, the City reserves the right to cancel at any time. • There may be other events taking place at Pioneer Park on the same day or time as your event. You can find out about some of these events by checking the City’s online reservation calendar: http://www.nevadacityca.gov/facilityview.aspx?fid=43&catid=564, NC Little League website:
http://nevadacitybaseball.com/Org/Home.aspx?d=uSrmLaewjHFDP7ndqSIS%2bw%3d%3d, or calling the swimming pool during the summer season (530-265-8223).

Before leaving the Facility:
• Cleaning Checklist items must be completed (see facility specific pages). • The premises shall be cleaned and vacated by the appropriate time for the facility that you are renting:
5  Bandshell: Midnight
 Seaman’s Lodge: Midnight
 Picnic Areas or other outdoor spaces at Pioneer Park: 11:00pm  Firehouse #2: 11:00pm
 Robinson Plaza & Calanan Park: 11:00pm
• Renters that do not follow Facility Rental Policies will forfeit their Refundable Security Deposit.

Renters may also be charged an additional $30 per hour for City staff cleaning time or the cost to replace missing items.
• These are community facilities. Fees are kept low by expecting each person and group who uses the facilities to be good stewards and clean up after their use. Keep in mind that the way you leave the facility is how the next renter or the public is going to find it. If you have any questions about where to find cleaning supplies, please ask in advance of your use. 6 Bandshell
Additional Rental Information
• There should be no vehicles on the lawn at Pioneer Park. Renters will be charged $50 per broken sprinkler head and will lose their Security Deposit if the lawn is damaged. • Event activities may not block tennis court parking lot unless approved in advance. • Renters will be given a key to the gate located next to the tennis courts. This access road is to be used for loading and unloading only. Renters and their participants should not park inside the gate. The service road (entrance from the tennis courts) must remain clear during set-up and during the event for emergency vehicle access.
• Do not leave the lock unlatched. A missing lock will cost $100 of your Security Deposit. • 6 garbage cans & 6 recycle containers with bags are included with rental. • 4 handicap parking barricades are included with rental. • 10 construction barricades are included with the rental • A map showing the field area that is included with a Bandshell rental is on page 7. And a diagram of the electrical outlets is on page 8.

CLEANING CHECKLIST FOR RENTERS
 Sweep or pick up any debris & garbage inside the Bandshell, on the stage and around the facility, including the field area included with your rental.  Return all items inside the Bandshell to the location where you found them (barricades, garbage cans, recycle bins, etc)
 Empty and clean the refrigerator.
 Turn off power to outside outlets & lights. Instructions are posted inside the Bandshell.  Take full garbage & recycle bags to the dumpster next to Seaman’s Lodge. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc next to dumpsters will result in the loss of your Refundable Security Deposit.

ADDITIONAL CLEANING CHECKLIST FOR GROUPS LARGER THAN 200 PEOPLE  Portable Toilets and rented dumpsters must be picked up by 10:00am on the first business day following your event or at a time approved by City staff.  Barricades must be returned to the City Corporation Yard on the first business day following your event or at a time approved by City staff.
 All personal items must be removed from the Bandshell by the clean-up end time listed on your Facility Rental Contract.
 Areas beyond the Bandshell that may have been used by participants at your event should be checked for messes that you can clean before leaving the park. 7 8
9 Neighbors along the highlighted streets must receive notification of events that are having amplified music or are open to the public. This notification must take place at least 30 days prior to your event date.
10 11
Lottery System for Amplified Music/Sound Events at Pioneer Park

1. By October 1st, City Staff will post on the City’s website the deadline for entering the Lottery, the dates that are available to rent for an amplified event and the date of the Lottery drawing.

2. Renters may enter 1 time for each date that they would like to request. The request can include 2 dates if one of the dates includes a set-up or clean-up only date. They may not have 2 separate events 2 days in a row.

3. On the date of the Lottery drawing, there will be a public meeting. Those who requested to be in the Lottery are required to attend.

4. Each Renter and the date that they are requesting will be read and placed in the “hat”.

5. One Renter will be drawn at a time. Only the date on the request will be allowed. (If a Renter requests 2 or more different dates, they cannot prioritize those requested dates.)

6. If a Renter is drawn and the date that they are requesting has already been reserved, they will be given the opportunity to choose a different, available date.

7. If all available dates are filled during the Lottery, the rest of the Renters will be drawn to create a waiting list.

8. If all of the available dates are not filled during the Lottery, the remaining dates will be available on a first-come; first-served basis.
12 Firehouse #2
Additional Rental Information
• Firehouse #2 is only available for meetings and classes. This is not an event venue. • Tables and chairs are provided.
• No alcohol is allowed in Firehouse #2.

Facility Details
• Room Capacity is 34
• Room size: approximately 33’ long x 12’ wide
• There are 7 outlets located around the room
• This upstairs room is not ADA accessible.
• Bathroom access is outdoors.

CLEANING CHECKLIST FOR RENTERS
 Put all garbage in can. Additional bags are provided if needed.  Put all tables and chairs back in the formation that you found them  Wipe up any spills on tables, chairs and floors.
 Turn off all lights and the heat/AC. The outdoor light may be left on for safety.  Close and lock all windows & doors.
13 Picnic Area
Additional Rental Information
• Renters will be given a key to the gate at Picnic-Left & Picnic-Right Areas. (No keys are required for use of the Upper Picnic Area or Tennis Court Picnic Area.) In Picnic-Left this is for loading & unloading purposes only. Renters & participants should park in designated parking lots. In Picnic-Right there are approximately 5 parking spaces near the horseshoe pits. • Do not leave the gate lock unlatched. A lost lock will cost $100 of your Security Deposit. • Power and water are available at Picnic-Left & Picnic-Right. • Renters may request use of Bocce Ball or Petanque equipment with their rental. • Access to electricity in the picnic areas is available on page 14.

Facility Information:

Picnic Tables
• Picnic-Left & Right: there are approximately 12 picnic tables in each area • Upper Picnic Area: typically there are 5 tables in this area • Tennis/ADA Area: 3 tables

CLEANING CHECKLIST FOR RENTERS
 Pick up all garbage in and around the Picnic Area and place it in garbage cans.  All garbage bags must be in the garbage cans.
 Recycling & garbage dumpsters are located next to Seaman’s Lodge if garbage will not fit in cans provided. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc next to dumpsters or on the ground next to garbage cans will result in the loss of your Security Deposit. .
14 15
Robinson Plaza & Calanan Park
Additional Rental Information
• Robinson Plaza and Calanan Park should not be reserved for events where more than 100 participants are expected to attend. If more than the designated number of attendees is expected, additional space should be requested. Additional fees may apply or the event may be denied.
• Food vendors may have carts and booths in the Plaza & Park. All vendors must comply with Environmental Health and Business License policies.
• No walkways should be obstructed at Calanan Park.
• There are no loading zones for Robinson Plaza or Calanan Park. All parking laws must be obeyed.
• If these areas are being used in conjunction with a Special Event/Street Closure, the use of these areas might be managed by the Special Event Application process, but the general guidelines for care that are included in these Policies would be adhered to.

CLEANING CHECKLIST FOR RENTERS
 Pick up all garbage from the ground.
 Garbage and recycling that does not fit in receptacles at the Plaza & Park must be removed from the site.
 No garbage bags may be left on the ground next to the City garbage cans. 16 Seaman’s Lodge
Additional Rental Information
• The building has heat and AC. Instructions for turning on the heat/AC are located on the wall next to the thermostat.
• If participants are outside, voices should be low and considerate of neighboring homes. • Instructions for turning on the stove/oven are posted on the kitchen wall.

Facility Information
Room Capacities
257 assembly
120 dining
Items Available for Renter Use
• 6ft & 8ft, Rectangle Tables
• Metal Folding Chairs
• Podium
• Microwave
• Rolling Cart
• Screen

CLEANING CHECKLIST FOR RENTERS

GENERAL CLEANING CHECKLIST
 Put all chairs and tables back to their appropriate spaces.  Wipe up any spills on tables, chairs and floors.
 Sweep floors. If there are any spills, wipe them up with a cloth.  Mop floors using water only, no cleaners or chemicals.  Remove all decorations, string, etc. that were used to hang decorations.  Empty trash & recycling containers and place in the dumpster outside.*  Cardboard should be broken down flat and placed in the dumpster outside.*  Turn off all lights and fans.
 Close and lock ALL windows and doors.
 Close all outside shutters.

KITCHEN CLEANING CHECKLIST
 Remove all food from the refrigerator and oven. This includes bags of ice. Wipe up any spills inside the refrigerator and freezer.
 Wipe off stove burners & the tray under stove burners  Wipe out oven – remove any food scraps or spills
 Clean counter tops and sinks
 Clean any spills on cabinets or walls
 Turn off gas to stove & oven (Directions are posted in the kitchen.)  Sweep & mop floor
 Empty garbage.* If items miss the bag and spill into the garbage can, wipe out garbage can. * All garbage and recycling must be removed from the facility and placed in the appropriate dumpster. If either dumpster is full the renter must dispose of the garbage and/or recycling on their own. Garbage & recycling may not be left on the ground next to the dumpster.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 9, 2022 Agenda Item No. 11
Subject: Discussion on Request from Nevada City CoHousing for Burn Ban Exemption to Municipal Code Section

8.08.010
From: Mark Buttron, Fire Chief
Sam Goodspeed, Division Chief
Date: February 2, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hear staff comments, open for public comment and discuss with possible direction to staff to return with proposed ordinance amendments or determine that Municipal Code Section 8.08.010 will stand as written
ISSUE STATEMENT AND DISCUSSION:

On June 27, 2012, in an effort to reduce smoke pollution and improve air quality in Nevada City, the City Council of Nevada City voted unanimously to enact Ordinance 2012-06 which added Section 8.08.010 – Open Burning Restricted (EXHIBIT A) to the Municipal Code.

Since the adoption of this Ordinance, the Nevada City Fire Department has received numerous requests for exemptions due to extenuating circumstances. Historically these requests have been denied by the Fire Chief in order to uphold the will of the Council. In the rare occasion that the Fire Chief has granted an exemption has been for recreational, ceremonial or special event fires and there has typically been complaints from nearby residents about the impact of the smoke which include eye and throat irritability, poor visibility, and the noxious smell. Also of concern is the effects from unhealthy air on persons with respiratory issues such as asthma, emphysema, pneumonia, and heart disease.

In the years following the adoption of Ordinance 2012-06, the Fire Chief proposed amendments that would allow for open burning under certain conditions. These options included:
 Allowing burning on parcels greater than .5 acre.
 Allowing burning certain days of the month. For example, every other Wednesday and/or Saturday.
 Divide the City into segments so that certain areas could burn on even days and others on odd days.
*Note - All burning would be required to be done on “Permissive Burn Days” as designated by CalFire and the Northern Sierra Air Quality Management District.

These proposed amendments were denied by the City Council in favor of maintaining the Ordinance as it was written and intended.

A request was recently received by the Nevada City Fire Department from the Nevada City Co-Housing development located at 200 Redbud Way requesting a permanent exemption from Ordinance 2012-06 (EXHIBIT B).

The direction from the Fire Chief was that in accordance with Ordinance 2012-06 and with previous complaints from neighboring homeowners, the exemption would not be granted as this is not a recreational, ceremonial or one-time special event permit but a request for a permanent exception which the current code does not provide for. A meeting was requested by Mr. Charles Durrett to review the circumstances and limitations of the Co-Housing parcel. After further evaluation the Fire Chief reiterated that the exemption would not be granted and that further discussion and direction from Council would be required to ascertain whether the Council wanted to direct staff to bring an ordinance amendment along the lines of those presented previously (outlined above in bullet points).

To summarize: Section 8.08 does not provide for any appeal from the open burn ban in the municipal code. The general appeal section also does not apply as it specifically only pertains to the right to appeal from a “notice of violation, abatement order or penalty and that is not the case here.

Staff has consulted with the City Attorney who has advised the City Council cannot grant exceptions to an ordinance on a case-by-case basis unless the ordinance provides for that authority. In other words, one cannot apply for variance or exception to violate a clearly worded ban. The only discretion 8.08 gives is for recreational, ceremonial, or special event fires “approved in advance by the chief of the fire department done in the manner and at the time approved by him under such safeguards as he may direct.” This is very different than a request for an exemption to an ordinance.

There has been much discussion lately about how the effects of nearly ten years of a “Burn Ban” has led to an accumulation of an excessive amount of woody debris in Nevada City. This coupled with recent storm activity has created a hazardous condition that presents itself in and around the Nevada City.

There are still several options for disposing of yard waste:
 Green Waste bins provided by Waste Management.
 Green Waste Recycle Days sponsored by Nevada City and Waste Management on selected days at various locations.
 Haul to the Nevada County Landfill located at 14741 Wolf Mountain Road, Grass Valley.

While there may be avenues that allow for exemptions in a very narrow scope (recreational, ceremonial, or special event) it is the view of the Fire Chief that Ordinance 2012-06, Section 8.08.010 – Open Burning Restrictions should remain in effect. It is of course Council’s prerogative to direct further ordinance amendments including the above-referenced bullet points.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Unknown at this time.

ENVIRONMENTAL CONSIDERATIONS:

Air Pollution versus a Fire-Safe Environment
LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
• EXHIBIT A
Chapter 8.08 – OPEN BURNING
Section 8.08.010 – Open Burning Restricted
• EXHIBIT B
City Council Letter- Fire Request

EXHIBIT A
Chapter 8.08 - OPEN BURNING

8.08.010 - Open burning restricted.

A. It is unlawful for any person or persons, for the purpose of disposal, to burn trash, lumber, leaves, pine needles, straw, or any other combustible material in any street, alley or lot in the city.

B. This prohibition is not intended to apply to or disallow safe and responsible:

1. Fires in devices designed for outdoor warming, such as patio fireplaces, chimneys or other portable wood-burning devices used for outdoor recreation and/or heating;

2. Burning of charcoal, clean untreated wood or other cooking fuels customarily used in an outdoor grill, traditional food cooking devices, or campfires;

3. Recreational, ceremonial, or special event fires approved in advance by the chief of the fire department done in the manner and at the time approved by him under such safeguards as he may direct.
(Ord. No. 2012-06, § I, 6-27-2012)
https://nevcountymy.sharepoint.com/personal/sam_goodspeed_nevadacityca_gov/Documents/Desktop/Durrett Fire Letter.docx
CC: Battalion Chief Sam Goodspeed
Dear Nevada City City Councilors,
We 34 households at 200 Redbud Way are requesting an exemption to the current wood pile burn ban in Nevada City. We believe that we have extenuating circumstances that we believe warrant said exemption.

1. Our 6 acre wooded area is land locked and getting rid of the precipitous amounts of small dead wood and downed branches (see images 1 & 2) where it is particularly difficult.

2. It is also impossible terrain. Due to the advent of hydraulic mining in the U.S. on this site in the 1850’s by Chabot et al., the inaccessible terrain is impossible to get equipment into and impossible to maneuver on the 1:1 (45 degrees) slopes.

3. The dead and down wood is drying out more and more every year. Before the ban circa 12 years ago, we burned completely clean and smokeless fires and were able to help mitigate the considerable risks presented by the plethora of the dead and down branches (See image 3).

4. While we understand that there is a free city chipping program, we already have about 10 new dead or drying 100’ high pines because of the excessive chips that we already have on the site covering the bottom 18” of the tree (the crown of the tree). https://nevcountymy.sharepoint.com/personal/sam_goodspeed_nevadacityca_gov/Documents/Desktop/Durrett Fire Letter.docx

5. New masticator. I understand that the city has taken delivery of a mew masticator but there is yet to be a policy on how it will be used. And again, we already have too many chips on our site.

6. These isolated forest tracts require biomass removal through controlled burns.

Specifically, after a long dry spell and before a heavy rain (the preferred burning window). It is the perfect time to remove excessive forest debris to improve forest health and to facilitate massive fire resilience.

7. Poorly managed forested tracts threaten Nevada City, including private residences and commercial properties.

8. Smoke in residential areas is a concern; however, the following practices can eliminate the risk of a smokey burn: burning after a long dry spell, but just when rain is about to begin (after a 4 week dry spell); starting a fire at a minimum temperature (800 degrees F) by using an incendiary at the bottom and stacking the wood loosely after determining that there is no animal habitat under the original pile; by using a fully designed 55-gallon burn barrel which will maintain the heat and contain the fire but takes adequate volumes of combustion air from below.

9. Long term fire safe practices, we recognize that this is an opportunity for healthy long term fire and smoke management. So, we plan to spend quality time with our immediate neighbors and offer them help if they have a similar land locked site that may pose an eminent threat to our town. Ultimately, we are happy to share our https://nevcountymy.sharepoint.com/personal/sam_goodspeed_nevadacityca_gov/Documents/Desktop/Durrett Fire Letter.docx
processes and discussions with the Air Resources Quality Board, Air Quality Management District, Fire Safe Council, Yuba Bear Burn Coop and others that will help everyone appreciate best practices for mitigating in town threats posed by lightning and homelessness. We had a fire started in our backyard last year by a homeless person— they have to cook their beans somewhere—so that will always be a threat.

10. Please allow this exception for inaccessible sites like ours to burn safe and clean burn piles as necessary and to remove unwarranted hazards to our fair town.

Thanks very much for your consideration. We would like to accomplish some of the mitigation after the next 4 week dry spell and just as it is beginning to rain but before April 1st, 2022— which may not occur this year. Or next fall after the first couple of rains, but also after a 4 week dry spell to mitigate smoke.

All items/dates are tentative & subject to change unless a specific date has been noticed for a legally required public hearing. Items may be added/removed from the date shown at any time & for any reason prior to the public action of the agenda prior to the next City Council meeting.

Date Agenda Item Lead Notes Agenda #
February 9, 2022 Minutes of January 12, 2022
Minutes of January 26, 2022
Accounts Payable
Police Report—January
Building Report--January
Facilities Policies
Resolution—Organic Recyling, signature
Resolution reaffirmation—telephonic meetings
Objective Design Ordinance
Award of Bid—Commercial Street--Drainage
Co-Housing burn exemption
Amendment to Contract for Sugarloaf Trail Section 106
Agreement with Sierra Academy and Bear Yuba Land Trust for Educational activities— Hirschman’s Pond
February 23, 2022 Minutes of February 9, 2022
Accounts Payable
Hazardous Vegetation Ordinance
Warming fires discussion
Award of Bid—Commercial Street, Phase II
Fire Activity Report
Intent to Annex—Forest Service
Surplus Property
Program Fees Dawn
Council Policies and Standards
March 9, 2022 Cannabis Alliance Presentation

CITY OF NEVADA CITY
TENTATIVE COUNCIL AGENDA CALENDAR (AS OF JANUARY 20, 2022)

PENDING ITEMS:

1. Update Purchasing Ordinance to be amended by Resolution (address $5,000 limit)

2. Free WiFi in downtown

3. Water Rate Study

4. Cottage Dwelling Ordinance

5. Historical Sign/Tree Preservation Direction for Updates to Ordinances

6. Mills Act—tax incentives for historic building projects

7. Personnel code Update-APRIL

8. Update Job Descriptions-APRIL

9. Miner’s Foundry Update-Gretchen Bond & CM

10. Completion and Adoption of AB1600 Fee study – Public Hearing

11. Objective Design Standards/Conditions of Approval
Red = “Special Meeting” of the City Council

Nevada City City CouncilFebruary 9, 2022

Nevada City City Council
February 9, 2022