Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY May 24, 2023 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.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 (push the asterisks button followed by the five button) to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
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 530-265-0187 Extension 133. 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].
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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
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 minute 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 (if needed)
PRESENTATIONS
Proclamation: Grand Opening and Ribbon Cutting of Odd Fellows Gallery 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. Action Minutes May 3, 2023, Special Meeting
Recommended Action: Review and approve the minutes
2. Action Minutes May 10, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
3. Fire Activity Report – April 2023
Recommended Action: Receive and file the report
4. Business Development Fee Waiver Program Activity Report April 2023 Recommended Action: Receive and file the report
5. Consideration of the Purchase and Installation of Vape Detectors and Monitoring Cameras from the Nevada City School District for Permanent Placement at Seven Hills Middle School Funded by the Proposition 64 Cohort 2 Grant Recommended Action: Approve the purchase
6. Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $40,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract
7. Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $30,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract
8. Consideration of Resolution No. 2023-22: A Resolution of the City Council of the City of Nevada City, California Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.
Recommended Action: Adopt the resolution
9. Consideration of Award of Contract with Hardcore Construction in an Amount Not-To-Exceed $112,780 for 2023 Water Distribution System Water Valve Replacement; Authorize a Project Contingency of 10%, Not-To-Exceed $11,300; and Authorize the City Manager to Execute any Contracts or Related Documents.
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
10. Second Reading and Consideration of Ordinance 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
11. Consideration of the Special Event Street Closure Request for the Roamin Angels Car Show Event
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
12. Consideration of Resolution 2023-23: A Resolution of the City Council of the City of Nevada City, California Establishing Every June in Nevada City as LGBTQ+ Pride Month
Recommended Action: Adopt the resolution
13. Consideration of a Nevada Street Bridge Replacement Project Update and Authorization to Advertise for Bids
Recommended Action: Receive and file the report and authorize City staff to advertise for bids
14. Consideration of Request from Waste Management Disposal for a Rate Increase and Ancillary Charges Changes as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No 2023-21: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers and Modifications of Ancillary Charges
Recommended Action: Adopt the resolution
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 Councilmember to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the May 24, 2023, Regular Meeting of the Nevada City City Council was posted May 19, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed May 19, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, 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 May 24, 2023 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.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 (push the asterisks button followed by the five button) to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
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 530-265-0187 Extension 133. 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].
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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
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 minute 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 (if needed)
PRESENTATIONS
Proclamation: Grand Opening and Ribbon Cutting of Odd Fellows Gallery 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. Action Minutes May 3, 2023, Special Meeting
Recommended Action: Review and approve the minutes
2. Action Minutes May 10, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
3. Fire Activity Report – April 2023
Recommended Action: Receive and file the report
4. Business Development Fee Waiver Program Activity Report April 2023 Recommended Action: Receive and file the report
5. Consideration of the Purchase and Installation of Vape Detectors and Monitoring Cameras from the Nevada City School District for Permanent Placement at Seven Hills Middle School Funded by the Proposition 64 Cohort 2 Grant Recommended Action: Approve the purchase
6. Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $40,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract
7. Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $30,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract
8. Consideration of Resolution No. 2023-22: A Resolution of the City Council of the City of Nevada City, California Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.
Recommended Action: Adopt the resolution
9. Consideration of Award of Contract with Hardcore Construction in an Amount Not-To-Exceed $112,780 for 2023 Water Distribution System Water Valve Replacement; Authorize a Project Contingency of 10%, Not-To-Exceed $11,300; and Authorize the City Manager to Execute any Contracts or Related Documents.
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
10. Second Reading and Consideration of Ordinance 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
11. Consideration of the Special Event Street Closure Request for the Roamin Angels Car Show Event
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
12. Consideration of Resolution 2023-23: A Resolution of the City Council of the City of Nevada City, California Establishing Every June in Nevada City as LGBTQ+ Pride Month
Recommended Action: Adopt the resolution
13. Consideration of a Nevada Street Bridge Replacement Project Update and Authorization to Advertise for Bids
Recommended Action: Receive and file the report and authorize City staff to advertise for bids
14. Consideration of Request from Waste Management Disposal for a Rate Increase and Ancillary Charges Changes as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No 2023-21: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers and Modifications of Ancillary Charges
Recommended Action: Adopt the resolution
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 Councilmember to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the May 24, 2023, Regular Meeting of the Nevada City City Council was posted May 19, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed May 19, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
PROCLAMATION
Honoring the Grand Opening and Ribbon Cutting of
Nevada City Odd Fellows Gallery
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Nevada City Odd Fellows Gallery is open for business at 212 Spring Street; and WHEREAS, Nevada City Odd Fellows Gallery, is new as business but continues the long tradition of the Nevada City I.O.O.F. Oustomah Lodge #16 with a presence in the historic downtown since 1853; and WHEREAS, the Odd Fellows Lodge notes, “With the opening of the gallery, the lodge is continuing to offer our building as a “touchstone” in our community. We feel strongly that this historically significant building is one of the premiere gems in Nevada City, with exceptional potential to grow and thrive”; and WHEREAS, a grand opening and ribbon cutting ceremony will be held at Nevada City Odd Fellows Gallery on Friday June 2, 2023, at 6pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Nevada City Odd Fellows Gallery; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Nevada City Odd Fellows Gallery and urges those who visit, live, work, and play in Nevada City to Eat and Shop Local by patronizing Nevada City Odd Fellows Gallery and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on June 2, 2023.
Dated this 24th day of May 2023
______________________________________
Doug Fleming, Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
SPECIAL CITY COUNCIL MEETING OF MAY 3, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
REGULAR MEETING – 5:30 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Council Members Petersen, Kline, and Ceci
Absent: Vice Mayor Fleming, Mayor Fernàndez
BUSINESS
1. Conduct a Workshop and Provide Direction for the Development of the Fiscal Year 2023-2024 Budget, the 2024-2028 Capital Improvement Program (CIP), and Schedule a Public Hearing for June 14, 2023 to Adopt the Budget and CIP
Recommended Action: Conduct the workshop, discuss and provide direction on the budget and CIP formation and public hearing
ACTION: Direction provided
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:38 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MAY 10, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
REGULAR MEETING – 6:30 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Fleming, Vice Mayor Fernàndez, Council Members Petersen, and Ceci
Absent: Council Member Kline
ADOPTION OF THE AGENDA:
Action: Motion by Fernàndez, seconded by Ceci to adopt the Agenda for May 10, 2023 Meeting (Approved 4-0) Fleming, Fernàndez, Petersen, and Ceci
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
PRESENTATIONS
New Employee Introduction:K-9 Officer Ruby
Proclamation: National Public Works Week May 21-27, 2023 CONSENT ITEMS:
1. Action Minutes April 26, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – April 2023
Recommended Action: Receive and file the report
3. Police Activity Report April 2023
Recommended Action: Receive and file the report
4. Building Activity Report April 2023
Recommended Action: Receive and file the report
2 5. Consideration of Receipt of the Nevada County Transportation Commission (NCTC) Draft FY 2023/24 Overall Work Program (OWP) and Request for Approval of Resolution 2023-18: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2023/24 Overall Work Program
Recommended Action: Receive and file the overall workplan and adopt the resolution
6. Consideration of a City Investment Report for the 1st Quarter 2023 Recommended Action: Receive and file the report.
7. Consideration of Resolution No. 2023-19: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-02 and Resolution No. 2023-09 Declaring the Existence of a Local Emergency Due to the February 24, 2023 Winter Storm Recommended Action: Adopt the resolution
8. Consideration of Resolution No. 2023-20: A Resolution of the City Council of the City of Nevada City Authorizing the City Manager to Execute the Agreement and Any Documents Related to the Application, Acceptance, Implementation, and Close Out of the Proposition 64 Public Health and Safety Cohort 3 Grant Agreement Number BSCC 954-22 Recommended Action: Adopt the resolution
9. Consideration of the Special Event Street Closure Request for Friar Tuck’s 50th Anniversary Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
Action: Motion by Petersen, Seconded by Fernàndez to approve items 1-9 on Consent (Approved 4-0) Fleming, Fernàndez, Petersen, Kline
PUBLIC HEARING
10. Conduct a Public Hearing in Consideration of Ordinance 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for May 24, 2023 Action: Motion by Petersen, Seconded by Fernàndez to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for May 24, 2023.
(Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
BUSINESS
11. Consideration of Presentation on Biomass Electricity Purchase Options in Coordination with Pioneer Community Energy to Fulfill SB1383 Recovered Organic Waste Product Requirements Recommended Action: Receive the presentation and provide direction to the City Manager to 3 12. Consideration of a Public Improvement Agreement Between the City of Nevada City and Jonathan Rowe to Provide Funding for the Sidewalk, Little Deer Creek Drainage, and Parking Improvements at the Stonehouse and Adjacent City Right-of-Way Recommended Action: Approve the agreement and authorize the City Manager to execute any related documents
Action: Motion by Petersen, Seconded by Ceci to Approve the agreement and authorize the City Manager to execute any related documents
(Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
13. Consideration of Purchase Orders to Caselle, Inc. for ERP and Community Development Suite in an Amount Not-To-Exceed $136,590 Cumulatively and Authorize the City Manager to Execute any Related Documents
Recommended Action: Approve the purchase orders and authorize the City Manager to execute any related documents
Action: Motion by Fernàndez, Seconded by Petersen to Approve the purchase orders and authorize the City Manager to execute any related documents (Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:32 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Daniela Fernàndez, Vice-Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 03
Subject: Fire Activity Report – April 2023
From: Sam Goodspeed, Division Chief
Date: May 19, 2023
Reviewed & Approved: STG
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
2 5. Consideration of Receipt of the Nevada County Transportation Commission (NCTC) Draft FY 2023/24 Overall Work Program (OWP) and Request for Approval of Resolution 2023-18: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2023/24 Overall Work Program
Recommended Action: Receive and file the overall workplan and adopt the resolution
6. Consideration of a City Investment Report for the 1st Quarter 2023 Recommended Action: Receive and file the report.
7. Consideration of Resolution No. 2023-19: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-02 and Resolution No. 2023-09 Declaring the Existence of a Local Emergency Due to the February 24, 2023 Winter Storm Recommended Action: Adopt the resolution
8. Consideration of Resolution No. 2023-20: A Resolution of the City Council of the City of Nevada City Authorizing the City Manager to Execute the Agreement and Any Documents Related to the Application, Acceptance, Implementation, and Close Out of the Proposition 64 Public Health and Safety Cohort 3 Grant Agreement Number BSCC 954-22 Recommended Action: Adopt the resolution
9. Consideration of the Special Event Street Closure Request for Friar Tuck’s 50th Anniversary Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
Action: Motion by Petersen, Seconded by Fernàndez to approve items 1-9 on Consent (Approved 4-0) Fleming, Fernàndez, Petersen, Kline
PUBLIC HEARING
10. Conduct a Public Hearing in Consideration of Ordinance 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for May 24, 2023 Action: Motion by Petersen, Seconded by Fernàndez to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for May 24, 2023.
(Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
BUSINESS
11. Consideration of Presentation on Biomass Electricity Purchase Options in Coordination with Pioneer Community Energy to Fulfill SB1383 Recovered Organic Waste Product Requirements Recommended Action: Receive the presentation and provide direction to the City Manager to 3 12. Consideration of a Public Improvement Agreement Between the City of Nevada City and Jonathan Rowe to Provide Funding for the Sidewalk, Little Deer Creek Drainage, and Parking Improvements at the Stonehouse and Adjacent City Right-of-Way Recommended Action: Approve the agreement and authorize the City Manager to execute any related documents
Action: Motion by Petersen, Seconded by Ceci to Approve the agreement and authorize the City Manager to execute any related documents
(Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
13. Consideration of Purchase Orders to Caselle, Inc. for ERP and Community Development Suite in an Amount Not-To-Exceed $136,590 Cumulatively and Authorize the City Manager to Execute any Related Documents
Recommended Action: Approve the purchase orders and authorize the City Manager to execute any related documents
Action: Motion by Fernàndez, Seconded by Petersen to Approve the purchase orders and authorize the City Manager to execute any related documents (Approved 4-0) Fleming, Fernàndez, Petersen and Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:32 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Daniela Fernàndez, Vice-Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Agency Name:
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 0.90%
130 - Mobile property (vehicle) fire, other 1 0.90%
132 - Road freight or transport vehicle fire 1 0.90%
141 - Forest, woods or wildland fire 4 3.60%
142 - Brush or brush-and-grass mixture
fire
1 0.90%
Total: 8 Total: 7.21% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
50 45.05%
322 - Motor vehicle accident with injuries 2 1.80%
Total: 52 Total: 46.85% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 4 3.60%
440 - Electrical wiring/equipment problem,
other
1 0.90%
442 - Overheated motor 1 0.90%
463 - Vehicle accident, general cleanup 2 1.80%
Total: 8 Total: 7.21% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
554 - Assist invalid 2 1.80%
Total: 2 Total: 1.80% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 24 21.62%
6111 - Holding in Quarters 5 4.50%
622 - No incident found on arrival at
dispatch address
3 2.70%
661 - EMS call, party transported by nonfire agency1 0.90% Total: 33 Total: 29.73% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 0.90%
735 - Alarm system sounded due to
malfunction
2 1.80%
743 - Smoke detector activation, no fire -
unintentional
2 1.80%
744 - Detector activation, no fire -
unintentional
1 0.90%
745 - Alarm system activation, no fire -
unintentional
2 1.80%
Total: 8 Total: 7.21% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 111 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 05/14/2023 08:03:08 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 1 1 - Station 1 - City 3
2 - Station 2 - City 32
5 - Station 5 - City 38
NCC 54 8
NCC 84 15
NCC 86 9
NCC 87 1
Ophir Hill 2
Penn Valley 4
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 05/14/2023 08:03:14 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Agency Name:
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
132 - Road freight or transport vehicle fire 1 2.44%
Total: 1 Total: 2.44% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
30 73.17%
Total: 30 Total: 73.17% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 440 - Electrical wiring/equipment problem,
other
1 2.44%
Total: 1 Total: 2.44% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 4 9.76%
6111 - Holding in Quarters 1 2.44%
622 - No incident found on arrival at
dispatch address
1 2.44%
Total: 6 Total: 14.63% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
2 4.88%
735 - Alarm system sounded due to
malfunction
1 2.44%
Total: 3 Total: 7.32% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 41 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 05/14/2023 08:03:05 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 04
Subject: Business Development Fee Waiver Program Activity Report April 2023
From: Sean Grayson, City Manager
Date: May 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program was limited to the first $40,000 in approved fee waivers. At the January 25, 2023, meeting the City Council authorized an increase in the program to $100,000 total. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of May 19, 2023, the City has approved 214 business applicants for the fee waiver program. $17,752 has been used by businesses to date.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City Council has authorized a maximum amount of $100,000 for the program.
STRATEGIC PLAN ALIGNMENT:
The Business Development and Sustainability Fee Waiver Program was created consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support. The program specifically addresses, in part, goal #8 of the initiative, “Work with businesses to actively curate the eclectic mix of uniquely Nevada City businesses within the community and actively seek to recruit and retain businesses from outside the City.”
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 05
Subject: Consideration of the Purchase and Installation of Vape Detectors and Monitoring Cameras from the Nevada City School District for Permanent Placement at Seven Hills Middle School Funded by the Proposition 64 Cohort 2 Grant.
From: Sean Grayson, City Manager
Date: May 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the purchase.
ISSUE STATEMENT AND DISCUSSION:
On April 8, 2021, the City of Nevada City was awarded a Proposition 64 Public Health and Safety Grant Program Cohort 2 grant from the Board of State and Community Corrections (BSCC). The grant award included a number of items under the “Services and Supplies” category including “(4) wireless vape detectors to be placed in 7 Hills School,” in the amount of $5,000. Due to the constraints of COVID-19 many of the grant actions were not started until recently. When the Nevada City School District (NCSD) evaluated vape detectors for Seven Hills Middle School they determined that the detectors would only be effective when partnered with cameras in public spaces. NCSD requested the opportunity to spend additional funds to ensure the approved devices would be effective for a total amount of $27,411.69.
On December 15, 2022, the City requested review of a comprehensive modification to the budget for the grant including the requested change from NCSD. The additional funds for NCSD came from savings from the Prop 64 phone system replacement at City Hall which was under budget. The City worked with BSCC to ensure that the modifications were consistent with the intent of the grant award. BSCC approved the budget modification on April 12, 2023.
In this action the City will purchase the vape detectors, cameras, related items and pay for the installation of all items at Seven Hills Middle School. The purchase is from NCSD rather than the vendor with NCSD procuring the items and installation directly. All items are grant funded and subject to audit and disposition as required under the grant. The City will be the owner of all items but they will be permanently assigned to their installed location at Seven Hills Middle School and the NCSD will be responsible for the continued maintenance of the system. The NCSD will coordinate findings and data collection from the devices with the Prop 64 funded Nevada City Police Department School Resource Officer.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total amount of $27,411.69 is reimbursable from the Prop 64 Cohort 2 grant.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
NCSD Purchase Invoice
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 06
Subject: Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $40,000 from May 1, 2023, through April 30, 2024.
From: Sean Grayson, City Manager
Date: May 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the contract.
ISSUE STATEMENT AND DISCUSSION:
On April 8, 2021, the City of Nevada City was awarded a Proposition 64 Public Health and Safety Grant Program Cohort 2 grant from the Board of State and Community Corrections (BSCC). The grant award included two activities under the “Non-Governmental Organizations (NGO) Contracts” category including that an entity would “Conduct a hybrid version of Project Success with a focus on cannabis prevention and education each year at Seven Hills,” in the amount of $20,000 per year for $60,000 total. Due to the constraints of COVID-19 many of the grant actions were not started until recently. This contract will allow NCSD to receive up to $40,000 for providing the specified services and additional summer camps and summer school sessions within the year performance period.
On December 15, 2022, the City requested review of a comprehensive modification to the budget for the grant including changes to allow the Nevada City School District (NCSD) to provide youth cannabis education programming and to refer students to Bright Futures for Youth (BFFY) which was reallocated from NGO contracts to “Professional Services.” The BSCC approved the budget modification on April 12, 2023.
In this action the City will approve the contract for NCSD to provide cannabis substance use prevention education and referrals to BFFY and the Prop 64 funded Nevada City Police Department School Resource Officer to provided expanded services to youth in relation to cannabis use deterrence.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total amount not-to-exceed $40,000 is reimbursable from the Prop 64 Cohort 2 grant.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
NCSD Contract
PROPOSITION 64 COHORT 2GRANT AGREEMENT FOR YOUTH SERVICES EDUCATION IN RELATION TO
CANNABIS SUBSTANCEUSEPREVENTION
This Grant Agreement ("Agreement"), dated May 1, 2023 (the "Execution Date"), is between the City of Nevada City, a municipal corporation ("City"), and the Nevada City School District ("Grantee").
Background
A. On November 20, 2020, the Board of State and Community Corrections (BSCC) released a Request for Proposals seeking applicants for its Proposition 64 Public Health and Safety Grant Program Cohort 2. The Proposition 64 Public Health and Safety Cohort 2 Grant Program funds local agency projects to address public health and safety matters associated with implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. This State grant program requires extensive data collection and reporting requirements, maintenance of detailed accounting records, and a financial audit of the grant expenditures.
B. On January 28, 2021, the City submitted a proposal including a partnership with a grantee, to seek funding for youth cannabis substance use prevention. The City's proposal was highly ranked by the BSCC Review Panel, recommended to their Board for funding and subsequently awarded the grant in the amount requested on April 8, 2021.
C. Through the BCSS Proposition 64 Public Health and Safety Grant, the City will partner with the Grantee to provide youth cannabis substance use prevention educational programming.
Agreement
City and Grantee enter into this Agreement for the purpose of establishing each party's rights and obligations with regard to the disbursement and expenditure of the Grant Funds (defined below) for the Authorized Activities (defined below) as follows:
1. Term. This Agreement takes effect as of May 1, 2023, and expires on April 20, 2024 (the "Expiration Date"). Either party may terminate this Agreement early by giving the other party notice in accordance withSection 10 at least 30 calendar days before the termination date set forth in the notice. In addition, this Agreement is subject to early termination with a shorter notice period under Section 9.
2. Grant Funds - Services and Budget. Grantee has been awarded a grant in the amount of not to exceed $40,000. (the "Grant Funds") solely to carry out the activities listed in Attachment 1 ("Authorized Activities") in accordance with the budget listed in Attachment 2 ("Approved Budget"). The Authorized Activities and the Approved Budget are based on compliance with the terms the Proposition 64 Grant Agreement BSCC 954-21 (the “State Grant Agreement"), a copy of which has been provided to Grantee. The State Grant Agreement is incorporated as part of this Agreement by this reference. In the event of any conflict between Attachments 1 and 2 and the State Grant Agreement, the terms of the State Grant Agreement shall control and prevail.
Grantee shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Grantee's profession in California.
Grantee shall assign only competent personnel to perform services under this Agreement. Grantee shall notify City in writing of any changes in Grantee's staff assigned to perform the services under this Agreement prior to any such performance.
Grantee shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Grantee agrees that the City shall have the right to approve any and all subcontractors to be used by Grantee in the performance of the Authorized Activities this Agreement before Grantee contracts with or otherwise engages any such subcontractors unless they are identified in Attachment 1. Notwithstanding the foregoing, to the extent set forth and described in the Authorized Activities, Grantee may work with collaborative service partners, which may include any entity that will share resources that impact the delivery of the services (such as school sites and other non-profit community service organizations), provided that Grantee shall ensure that it obtains all necessary permits to conduct the Authorized Services at such sites.
3. Disbursement of Grant Funds. City will disburse to Grantee the Grant Funds in accordance with the schedule and terms and conditions of the State Grant Agreement. After receipt of the required progress report and invoices, City will disburse to Grantee the Grant Funds after receipt of such funds from the State.
4. Restrictions on Use of Grant Funds. Grantee may expend the Grant Funds only for Authorized Activities, based on Attachments 1 and 2, that are provided during the Term of this Agreement, subject to the following limitations:
a. Grantee may not use the Grant Funds for: (i) its overhead, general organization, and administrative expenses which are not directly related to performing the Authorized Activities; (ii) building maintenance, utilities, and similar operating costs of a facility unless it is used primarily by the grant program participants; (iii) fundraising and lobbying activities; (iv) expenses associated with the preparation of the Proposal, negotiating the terms of this Agreement, and costs incurred prior to the Execution Date unless included in the Approved Budget; or (vi) expenses not listed in the Authorized Budget.
b. Grantee shall not adjust any line-item expenditure in the Approved Budget without the prior written approval of the City Representative listed in Section 10. Grantee shall submit requests for line-item adjustments In accordance with the notice procedures In Section 10. c. Grantee may not use the Grant Funds to supplant (displacing or replacing) funds provided by City or other entities which are held by Grantee prior to the Execution Date to provide the program services already being funded by those entities for the same youth services. d. This Section 4 will survive the expiration or termination of this Agreement.
5. Accounting and Reporting.
a. Books and Records: Grantee shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. [BSCC Mandatory Language]
b. Grantee shall keep all Grant Funds received under this Agreement separate from all other funds under its control.
c. Grantee shall maintain records of all matters related to this Agreement including, but not limited to, books, financial records, supporting documents, statistical records, personnel records, property records, and all other pertinent records for a minimum of three years after completion of services sufficient to reflect properly: All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in performance of this Agreement and all other matters covered by this Agreement. The records shall document all financial transactions, including but not limited to contracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges paid with the Grant Funds. Grantee shall submit to the City, at such times and in such forms as the City may require, such records pertaining to matters covered by this Agreement.
d. Grantee shall allow its records related to the services provided under this Agreement for inspection and audit by an independent auditor selected by City. Also, at City's election, the City Accounting Manager or City Auditor, at all reasonable times, may audit Grantee's books, records, and accounts to determine whether the Grantee has complied with the terms of this Agreement.
City shall have the right for any reason whatsoever to perform or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. Grantee will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such independent audits shall be borne by the City. This Section will survive the expiration or termination of this Agreement. e. Within the time period specified in Attachment 1 and the State Grant Agreement, Grantee shall provide City with progress reports which lists the number of youths participating in the program and other matters regarding the program as listed in the Authorized Services and the State Grant Agreement.
f. Within 60 calendar days after either completion of the Authorized Services or the Expiration Date, whichever occurs first, Grantee shall provide City with a final report that lists the program accomplishments and expenditure of the Grant Funds. Grantee's failure to provide the final report or Grantee's unauthorized use of the Grant Funds may result in the Grantee being barred from being eligible for City grant funding In future years.
g. If the independent auditor, Finance Manager (Chief Financial Officer, Assistant City Manager or similar City position) or City Auditor determines that the City Funds were expended by Grantee for uses not listed in the Authorized Budget or in violation of the restrictions listed in Section 4, upon receipt of the written demand issued by City which details the unauthorized expenditures,
6. Inspection, Monitoring,EvaluationandProgramChanges.
a. Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. [BSCC Mandatory Language]
b. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. [BSCC Mandatory Language] c. Atany timeduringnormal business hours,andasoftenasmaybedeemed necessary, Grantee agrees thattheState, City, and/or any of their authorized representatives shall have access to and the right to examine its offices and facilities engaged in performance of services under this Agreement. No prior notice to Grantee of such inspection by State or City shall be required.
d. Grantee shall furnish all data, statements,records, information, andreports necessary for the State and City to monitor, review and evaluate the performance of the Authorized Services.
Grantee shall cooperate withtheState and City in the conduct of any evaluation of Grantee's youth development program and services. Grantee shall further cooperate to incorporate minor modifications to the program that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. City shall have the right to request the services of an outside agent to assist in any such evaluation, which services shall be paid for by the City.
7. Non-Discrimination Clause and Civil Rights Compliance. During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. [BSCC Mandatory Language]
8. Criminal Background Check. Grantee and all of its employees, volunteers and subcontractors which will have supervisory or disciplinary authority over minors or will have direct contact with minors providing services under this Agreement are required to be fingerprinted and checked for certain types of criminal convictions before providing services per California Public Resources Code Section 5164 and California Education Code Section 10911.S. Grantee shall require its employees, volunteers and subcontractors providing services under this Agreement to minors to submit to being fingerprinted for the criminal conviction review by the State Department of Justice. City may require Grantee to submit evidence of Grantee's compliance with this requirement at any time during the Term of thisAgreement.
If any at time after the criminal conviction review process has been completed, Grantee or any of its employees, volunteers or subcontractors is arrested for a felony or misdemeanor involving moral turpitude, Grantee shall immediately notify the City Representative listed in Section 10. City may suspend the right of such person(s) to continue to provide services under this Agreement until the charges are dismissed or there is a settlement or conviction, and City may terminate this Agreement in lieu of suspension at its sole discretion.
9. Suspension and Termination. City shall have the right, at any time, to temporarily suspend Grantee's performance hereunder, in whole or in part,by giving a written notice of suspension to Grantee. If City gives such notice of suspension, Grantee shall immediately suspend its activities underthis Agreement, as specified in such notice.
This Agreement may be terminated prior to the Expiration Date by either party by giving thirty (30) days' notice to the other in writing of its intent to terminate the Agreement for its convenience. Upon such notice, Grantee shall cease any further work related to this Agreement. Nothing In this Agreement shall be deemed to be a waiver of the City's right to recover from Grantee any portion of the Grant Funds that have not been spent in accordance with this Agreement or that have not been spent as of the date of notice.
City may terminate this Agreement for breach prior to the Expiration Date if the City Manager or the City Manager's designee determines that any of the following circumstances has occurred:
a. Grantee has failed submit records when requested or improperly used the City Funds (see Sections 4 and 5);
b. Grantee has made any material misrepresentationof any nature withrespect to any information or statements furnished to City in connection with this Agreement; c. There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect Grantee's ability to implement the Authorized Services;
d. Grantee has violated the non-discrimination provisions in Section 7; e. Grantee has failed to conduct criminal background checks as provided in Section 8; f. Grantee or has failed to perform or has performed unsatisfactorily any term of this Agreement, including failure to submit the required reports and documents; or g. Grantee has completed the Authorized Services and submitted the required reports In accordance with Sections 5 and 6, so there are no further obligations by any party under this Agreement.
10. Representatives and Notices. Grantee shall assign a single program coordinator who shall have overall responsibility for the performance of this Agreement by Grantee. Should circumstances or conditions require a substitute Grantee coordinator, Grantee shall notify the City Representative identified below.
Any notice under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 10 to the persons identified below or their successors. If mailed, the notice will be effective on the second calendar day from the date it is deposited in the United States Mail addressed as set forth below with postage prepaid. A notice sent in any other manner (e.g., e-mailed or hand-delivered) will be effective or will be considered properly given when actually delivered.
If to City: City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
[email protected]
If to Grantee: Nevada City School District
700 Hoover Lane
Nevada City, CA 95959
Attention: Superintendent of the District
[email protected]
Any party may change its address for these purposes by giving written notice of the change to the other parties in the manner provided in this Section 10.
11. Indemnity. Grantee shall defend, hold harmless, and indemnify City and State, their officers, employees, and agents from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, "Liabilities"), including liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or In any way related to Grantee's acts or omissions under this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City and State, their officers, employees, agents, or independent contractors who are directly responsible to City or State.The provisions of thisSection11 will survive the expiration or termination of this Agreement.
12. Insurance. During the term of this Agreement, Grantee shall maintain at its sole expense insurance coverage as follows:
a. Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 0001 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Grantee, products and completed operations of Grantee, and premises owned, leased, or used by Grantee, with limits of not less than one million dollars ($1,000,000) per occurrence.
The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
b. Automobile Liability Insurance is required if Grantee provides transportation for program participants providing coverage at least as broad as ISO Form CA0001 for bodily injury, includingdeath,of oneor morepersons,property damage andpersonal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of Grantee.
No automobile liability insurance is required if Grantee certifies as follows:
"Grantee certifies that a motor vehicle will not be used In the performance of any work or services under this Agreement. If, however, Grantee requires any employees of Grantee to use a vehicle to perform services under this Agreement, Grantee understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Grantee." _______ Grantees Initials
c. Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). No Workers' Compensation insurance shall be required if Grantee completes the following certification:
"I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance." _______ Grantees Initials
d. The Commercial General Liability and Automobile Liability policies must contain, or be endorsed to contain, the following provisions:
1. The City, its officials, employees, and agents must be covered by policy terms or endorsement as additional insureds.
2. Grantee's insurance coverage is primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, or agents is in excess of Grantee's insurance and does not contribute with it.
3. The City must be provided with 30 days' written notice of cancellation or material change in the policy language or terms.
e. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Selfinsured retentions, policy terms, or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by City in writing prior to execution of this Agreement.
f. Grantee shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements must be forwarded to the City Representative named in Section 10. Copies of policies must be delivered to City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
g. For all insurance policy renewals during the term of this Agreement, Grantee (or Fiscal Sponsor) shall send Insurance certificates reflecting the policy renewals directly to the City representative in Section 10.
h. The City may withhold payments to Grantee or terminate the Agreement if the insurance is canceled or is not renewed as required by this Section 12. i. Grantee's liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by Grantee (or Fiscal Sponsor) in connection with this Agreement.
13. Conflicts of Interest. During the Term of this Agreement, Grantee, its officers, directors, employees, and agents shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of City or that in any way hinders Grantee's performance under this Agreement.
14. Miscellaneous.
a. Compliance withApplicable Laws.Grantee shall conduct its affairs andcarry on its operations in compliance with all applicable federal, state, and local laws. Grantee must be registered and in good standing with the Registry of Charitable Trusts maintained by the California Attorney General and the corporation must be registered, active, and in good standing with the Secretary of State corporation filings.
b. Assignment. Grantee may not assign or otherwise transfer this Agreement or any interest in it without City's written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(b) is void. c. Successors andAssigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 14{c} does not constitute the City's consent to any assignment of this Agreement or any interest in this Agreement. d. Independent Contractors. Grantee may assign employees and volunteers or contract with third parties to perform the Authorized Services at its exclusive discretion and the services of such assigned employees, volunteers and third parties shall be at the sole expense of Grantee and they shall not be entitled to any benefits payable to employees of City. e. Third Parties. This Agreement is for the sole benefit of Grantee (including its Fiscal Sponsor) and City and no other person or entity shall be entitled to rely upon, enforce, or receive any direct benefit from this Agreement.
f. NoJointVenture. It isunderstood and agreed that eachparty isan independent person, entity or government agency and that this Agreement shall not create a relationship between City and Grantee of employer-employee, joint venture, partnership, or anyother relationship of association. Except asexpressly provided in this Agreement or as the parties may specify in writing, neither party shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. g. Interpretation and Exhibits. This Agreement is to be interpreted and applied in accordance with California law. The State Grant Agreement and Attachments 1 and 2 are part of this Agreement.
h. Waiver of Breach. Aparty's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party's breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
i. Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable,or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
j. Counterparts. The parties may sign thisAgreement in counterparts, each ofwhich is considered an original, but all ofwhichconstitute the same Agreement. Facsimiles, pdfs,andphotocopies of signature pages ofthe Agreement have the samebinding effect as originals. k. Time of Essence. Time is of the essence in performing this Agreement. l. Integration and Modification. This Agreement sets forth the parties' entire understanding regarding the matters set forth above and is Intended to be their final, complete, and exclusive expression of those matters. It supersedes allprior or contemporaneous agreements, representations, and negotiations-written, oral, express, or implied-and may be modified only by another written agreement signed by bothparties.
m. Authority. Each of the signatories to this Agreement represents that he/she is authorized to sign the Agreement on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
Dated: ____________________
Nevada City School District
By:
Name:
Title:
By:
Name:
Title:
CITY OF NEVADA CITY,
A municipal corporation
_________________________
Sean Grayson, City Manager
ATTEST:
Gabrielle Christakes, Dep. City Clerk
Approved as to form:
________________________
Dean Pucci, City Attorney
ATTACHMENT 1
Authorized Activities
Authorized Services Program Delivery, Requirements
Description: NCSD will select and deliver a substance use prevention program for youth that emphasizes cannabis prevention and is classifies as is either an evidence-based program or promising programi
to all students at Seven Hills Middle school in grades 5 - 8. Students participating in the prevention program will also be referred as indicated to Bright Futures For Youth (BFFY)
• Select and delivery a customized cannabis prevention program for Seven Hills Middle School (grades 5 – 8) delivered by the Nevada City School District at least each school year in any summer school or summer camp program;
• Share program model and curriculum selected with the grant’s contracted evaluator; • Conduct promotional and outreach activities to increase interest in the Bright Futures for Youth (BFFY) After School Program;
• Implement any pre/post assessments associated with the prevention program curriculum if included or developed by the evaluator;
• Hire or provide additional hours for current employee to deliver and manage the program and referrals (i.e., the prevention program facilitator).
• Work with the Bright Futures for Youth (BFFY) designated staff to develop a referral process for prevention program students who may need further behavioral and/or mental health services or assessment of need for services.
• Refer students, in coordination with the Nevada City Police Department School Resource officer to BFFY for enrollment in their year-round (after school/summer) youth program. This will involve coordinating with BFFY and completing any needed referral documentation, parent permission forms, or other student information needed by BFFY; • Based on facilitator or group leader’s interactions with students in the program, she or he will administer the Brief Intervention Survey to the prevention program students so students who express or exhibit apparent or likely need for more direct services or early intervention services.
• Based on the Brief Intervention Survey results, the prevention program facilitator will refer as indicated, the prevention program’s students with likely need for more direct services or early intervention services to BFFY for further assessment of mental health/behavioral health needs (i.e., additional support, mental health, and/or SUD treatment services). This will involve coordinating with BFFY and completing any needed referral documentation, parent permission forms, or other student information needed by BFFY; • Meet with City Staff, and BFFY staff quarterly about the program’s progress and updates, referrals generated, and any other needs or challenges.
Data Collection and reporting
NCSD will participate in meetings or calls with Nevada City’s contracted Proposition 64 grant evaluator and any designated City staff to discuss outcomes that have been developed and for which data collection will be developed around to measure attainment of outcomes. Basic outcomes for the prevention program, include:
Prevention Program Outcomes:
Process-related Objectives:
A. NCSD will deliver an evidence-based prevention program to all 5 – 8th grade students at Seven Hills Middle School;
B. NCSD will generate referrals for students as needed to the BFFY for further screening and BI surveys for those requiring additional support;
C. NCSD will provide referrals for 5% of current students in grades 5-8 for BFFY Yearround (After School/Summer) Youth Program.
Outcome-related Objectives:
A. Students will increase their perception of harm around cannabis use; B. Students will improve their knowledge about the effects of youth cannabis use on brain development and other negative potential consequences;
C. Students will report that they would feel comfortable asking someone (a parent, teacher, prevention program facilitator, BFFY youth staff or other trusted adults) if they or a friend needed help with mental health, substance use, bullying or other concerns over their or others’ safety.
Basic Proposition 64 grant data collection is shown below.
Quarterly, NCSD will report the following data using the template provided by the evaluator:
• Dates and duration of each session along with brief summary of content covered and any group activities engaged in by students; dates and description of any special events • Total participants each quarter, by age category (12 and under; 13-17), and grade level, and gender (male, female, non-binary or other if that information has been made available) • Facilitator hours spend planning (including arranging logistics, researching topics/activities, communicating with others about program) and delivering the program separately • Number of students referred to BFFY After School/Summer Program • Number of BI surveys conducted with students
• Number of referrals to BFFY for further assessment of mental/behavioral health needs • Pre/post assessments/surveys for participants in prevention program (either included with program or evaluator-developed).
ATTACHMENT 2
Approved Budget
Grantee “Nevada City School District” (NCSD) is approved to invoice the City $3333.33 per month for each month that Nevada City youth participate in a Grantee authorized program under the agreement from May 1, 2023 through April 30, 2024 for a total amount not to exceed of $40,000.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 07
Subject: Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $30,000 from May 1, 2023 through April 30, 2024.
From: Sean Grayson, City Manager
Date: May 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the contract.
ISSUE STATEMENT AND DISCUSSION:
On April 8, 2021, the City of Nevada City was awarded a Proposition 64 Public Health and Safety Grant Program Cohort 2 grant from the Board of State and Community Corrections (BSCC). The grant award included two activities under the “Non-Governmental Organizations (NGO) Contracts” category including “Bright Futures for Youth will accept referrals of 30 Seven Hills students each year,” in the amount of $15,000 per year for $45,000 total. Due to the constraints of COVID-19 many of the grant actions were not started until recently. This contract will allow Bright Futures for Youth (BFFY) to receive up to $30,000 for providing the specified services with more than 30 students being accepted from referral from throughout Nevada City within the year performance period.
On December 15, 2022, the City requested review of a comprehensive modification to the budget for the grant including changes to allow the Nevada City School District (NCSD) to provide youth cannabis education programming and to refer students to BFFY. The BSCC approved the budget modification on April 12, 2023.
In this action the City will approve the contract for BFFY to accept referrals from all Nevada City youth and to work with the NCSD and the Prop 64 funded Nevada City Police Department School Resource Officer to provided expanded services to youth in relation to cannabis use deterrence.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total amount not-to-exceed $30,000 is reimbursable from the Prop 64 Cohort 2 grant.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
BFFY Contract
PROPOSITION 64 COHORT 2GRANT AGREEMENT FOR YOUTH SERVICES AFTER SCHOOL REFERRALS IN
RELATION TO CANNABIS SUBSTANCEUSEPREVENTION
This Grant Agreement ("Agreement"), dated May 1, 2023 (the "Execution Date"), is between the City of Nevada City, a municipal corporation ("City"), and Bright Futures for Youth, a California non-profit organization ("Grantee").
Background
A. On November 20, 2020, the Board of State and Community Corrections (BSCC) released a Request for Proposals seeking applicants for its Proposition 64 Public Health and Safety Grant Program Cohort 2. The Proposition 64 Public Health and Safety Cohort 2 Grant Program funds local agency projects to address public health and safety matters associated with implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. This State grant program requires extensive data collection and reporting requirements, maintenance of detailed accounting records, and a financial audit of the grant expenditures.
B. On January 28, 2021, the City submitted a proposal including a partnership with the Grantee, to seek funding for the referral and acceptance of Nevada City youth into Grantee programming.
The City's proposal was highly ranked by the BSCC Review Panel, recommended to their Board for funding and subsequently awarded the grant in the amount requested on April 8, 2021.
C. Through the BCSS Proposition 64 Public Health and Safety Grant, the City will partner with the Grantee and the Nevada City School District to provide referrals to Grantee programming.
Agreement
City and Grantee enter into this Agreement for the purpose of establishing each party's rights and obligations with regard to the disbursement and expenditure of the Grant Funds (defined below) for the Authorized Activities (defined below) as follows:
1. Term. This Agreement takes effect as of May 1, 2023, and expires on April 20, 2024 (the "Expiration Date"). Either party may terminate this Agreement early by giving the other party notice in accordance withSection 10 at least 30 calendar days before the termination date set forth in the notice. In addition, this Agreement is subject to early termination with a shorter notice period under Section 9.
2. Grant Funds - Services and Budget. Grantee has been awarded a grant in the amount of not to exceed $30,000. (the "Grant Funds") solely to carry out the activities listed in Attachment 1 ("Authorized Activities") in accordance with the budget listed in Attachment 2 ("Approved Budget"). The Authorized Activities and the Approved Budget are based on compliance with the terms the Proposition 64 Grant Agreement BSCC 954-21 (the “State Grant Agreement"), a copy of which has been provided to Grantee. The State Grant Agreement is incorporated as part of this Agreement by this reference. In the event of any conflict between Attachments 1 and 2 and the State Grant Agreement, the terms of the State Grant Agreement shall control and prevail.
Grantee shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Grantee's profession in California.
Grantee shall assign only competent personnel to perform services under this Agreement. Grantee shall notify City in writing of any changes in Grantee's staff assigned to perform the services under this Agreement prior to any such performance.
Grantee shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Grantee agrees that the City shall have the right to approve any and all subcontractors to be used by Grantee in the performance of the Authorized Activities this Agreement before Grantee contracts with or otherwise engages any such subcontractors unless they are identified in Attachment 1. Notwithstanding the foregoing, to the extent set forth and described in the Authorized Activities, Grantee may work with collaborative service partners, which may include any entity that will share resources that impact the delivery of the services (such as school sites and other non-profit community service organizations), provided that Grantee shall ensure that it obtains all necessary permits to conduct the Authorized Services at such sites.
3. Disbursement of Grant Funds. City will disburse to Grantee the Grant Funds in accordance with the schedule and terms and conditions of the State Grant Agreement. After receipt of the required progress report and invoices, City will disburse to Grantee the Grant Funds after receipt of such funds from the State.
4. Restrictions on Use of Grant Funds. Grantee may expend the Grant Funds only for Authorized Activities, based on Attachments 1 and 2, that are provided during the Term of this Agreement, subject to the following limitations:
a. Grantee may not use the Grant Funds for: (i) its overhead, general organization, and administrative expenses which are not directly related to performing the Authorized Activities; (ii) building maintenance, utilities, and similar operating costs of a facility unless it is used primarily by the grant program participants; (iii) fundraising and lobbying activities; (iv) expenses associated with the preparation of the Proposal, negotiating the terms of this Agreement, and costs incurred prior to the Execution Date unless included in the Approved Budget; or (vi) expenses not listed in the Authorized Budget.
b. Grantee shall not adjust any line-item expenditure in the Approved Budget without the prior written approval of the City Representative listed in Section 10. Grantee shall submit requests for line-item adjustments In accordance with the notice procedures In Section 10. c. Grantee may not use the Grant Funds to supplant (displacing or replacing) funds provided by City or other entities which are held by Grantee prior to the Execution Date to provide the program services already being funded by those entities for the same youth services. d. This Section 4 will survive the expiration or termination of this Agreement.
5. Accounting and Reporting.
a. Books and Records: Grantee shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. [BSCC Mandatory Language]
b. Grantee shall keep all Grant Funds received under this Agreement separate from all other funds under its control.
c. Grantee shall maintain records of all matters related to this Agreement including, but not limited to, books, financial records, supporting documents, statistical records, personnel records, property records, and all other pertinent records for a minimum of three years after completion of services sufficient to reflect properly: All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in performance of this Agreement and all other matters covered by this Agreement. The records shall document all financial transactions, including but not limited to contracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges paid with the Grant Funds. Grantee shall submit to the City, at such times and in such forms as the City may require, such records pertaining to matters covered by this Agreement.
d. Grantee shall allow its records related to the services provided under this Agreement for inspection and audit by an independent auditor selected by City. Also, at City's election, the City Accounting Manager or City Auditor, at all reasonable times, may audit Grantee's books, records, and accounts to determine whether the Grantee has complied with the terms of this Agreement.
City shall have the right for any reason whatsoever to perform or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. Grantee will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such independent audits shall be borne by the City. This Section will survive the expiration or termination of this Agreement. e. Within the time period specified in Attachment 1 and the State Grant Agreement, Grantee shall provide City with progress reports which lists the number of youths participating in the program and other matters regarding the program as listed in the Authorized Services and the State Grant Agreement.
f. Within 60 calendar days after either completion of the Authorized Services or the Expiration Date, whichever occurs first, Grantee shall provide City with a final report that lists the program accomplishments and expenditure of the Grant Funds. Grantee's failure to provide the final report or Grantee's unauthorized use of the Grant Funds may result in the Grantee being barred from being eligible for City grant funding In future years.
g. If the independent auditor, Finance Manager (Chief Financial Officer, Assistant City Manager or similar City position) or City Auditor determines that the City Funds were expended by Grantee for uses not listed in the Authorized Budget or in violation of the restrictions listed in Section 4, upon receipt of the written demand issued by City which details the unauthorized expenditures,
6. Inspection, Monitoring,EvaluationandProgramChanges.
a. Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. [BSCC Mandatory Language]
b. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. [BSCC Mandatory Language] c. Atany timeduringnormal business hours,andasoftenasmaybedeemed necessary, Grantee agrees thattheState, City, and/or any of their authorized representatives shall have access to and the right to examine its offices and facilities engaged in performance of services under this Agreement. No prior notice to Grantee of such inspection by State or City shall be required.
d. Grantee shall furnish all data, statements,records, information, andreports necessary for the State and City to monitor, review and evaluate the performance of the Authorized Services.
Grantee shall cooperate withtheState and City in the conduct of any evaluation of Grantee's youth development program and services. Grantee shall further cooperate to incorporate minor modifications to the program that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. City shall have the right to request the services of an outside agent to assist in any such evaluation, which services shall be paid for by the City.
7. Non-Discrimination Clause and Civil Rights Compliance. During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. [BSCC Mandatory Language]
8. Criminal Background Check. Grantee and all of its employees, volunteers and subcontractors which will have supervisory or disciplinary authority over minors or will have direct contact with minors providing services under this Agreement are required to be fingerprinted and checked for certain types of criminal convictions before providing services per California Public Resources Code Section 5164 and California Education Code Section 10911.S. Grantee shall require its employees, volunteers and subcontractors providing services under this Agreement to minors to submit to being fingerprinted for the criminal conviction review by the State Department of Justice. City may require Grantee to submit evidence of Grantee's compliance with this requirement at any time during the Term of thisAgreement.
If any at time after the criminal conviction review process has been completed, Grantee or any of its employees, volunteers or subcontractors is arrested for a felony or misdemeanor involving moral turpitude, Grantee shall immediately notify the City Representative listed in Section 10. City may suspend the right of such person(s) to continue to provide services under this Agreement until the charges are dismissed or there is a settlement or conviction, and City may terminate this Agreement in lieu of suspension at its sole discretion.
9. Suspension and Termination. City shall have the right, at any time, to temporarily suspend Grantee's performance hereunder, in whole or in part,by giving a written notice of suspension to Grantee. If City gives such notice of suspension, Grantee shall immediately suspend its activities underthis Agreement, as specified in such notice.
This Agreement may be terminated prior to the Expiration Date by either party by giving thirty (30) days' notice to the other in writing of its intent to terminate the Agreement for its convenience. Upon such notice, Grantee shall cease any further work related to this Agreement. Nothing In this Agreement shall be deemed to be a waiver of the City's right to recover from Grantee any portion of the Grant Funds that have not been spent in accordance with this Agreement or that have not been spent as of the date of notice.
City may terminate this Agreement for breach prior to the Expiration Date if the City Manager or the City Manager's designee determines that any of the following circumstances has occurred:
a. Grantee has failed submit records when requested or improperly used the City Funds (see Sections 4 and 5);
b. Grantee has made any material misrepresentationof any nature withrespect to any information or statements furnished to City in connection with this Agreement; c. There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect Grantee's ability to implement the Authorized Services;
d. Grantee has violated the non-discrimination provisions in Section 7; e. Grantee has failed to conduct criminal background checks as provided in Section 8; f. Grantee or has failed to perform or has performed unsatisfactorily any term of this Agreement, including failure to submit the required reports and documents; or g. Grantee has completed the Authorized Services and submitted the required reports In accordance with Sections 5 and 6, so there are no further obligations by any party under this Agreement.
10. Representatives and Notices. Grantee shall assign a single program coordinator who shall have overall responsibility for the performance of this Agreement by Grantee. Should circumstances or conditions require a substitute Grantee coordinator, Grantee shall notify the City Representative identified below.
Any notice under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 10 to the persons identified below or their successors. If mailed, the notice will be effective on the second calendar day from the date it is deposited in the United States Mail addressed as set forth below with postage prepaid. A notice sent in any other manner (e.g., e-mailed or hand-delivered) will be effective or will be considered properly given when actually delivered.
If to City: City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
[email protected]
If to Grantee: Bright Futures for Youth (BFFY)
200 Litton Drive, Suite 308
Grass Valley, CA 95945
Attention: Dena Malakian
[email protected]
Any party may change its address for these purposes by giving written notice of the change to the other parties in the manner provided in this Section 10.
11. Indemnity. Grantee shall defend, hold harmless, and indemnify City and State, their officers, employees, and agents from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, "Liabilities"), including liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or In any way related to Grantee's acts or omissions under this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City and State, their officers, employees, agents, or independent contractors who are directly responsible to City or State.The provisions of thisSection11 will survive the expiration or termination of this Agreement.
12. Insurance. During the term of this Agreement, Grantee shall maintain at its sole expense insurance coverage as follows:
a. Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 0001 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Grantee, products and completed operations of Grantee, and premises owned, leased, or used by Grantee, with limits of not less than one million dollars ($1,000,000) per occurrence.
The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
b. Automobile Liability Insurance is required if Grantee provides transportation for program participants providing coverage at least as broad as ISO Form CA0001 for bodily injury, includingdeath,of oneor morepersons,property damage andpersonal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of Grantee.
No automobile liability insurance is required if Grantee certifies as follows:
"Grantee certifies that a motor vehicle will not be used In the performance of any work or services under this Agreement. If, however, Grantee requires any employees of Grantee to use a vehicle to perform services under this Agreement, Grantee understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Grantee." _______ Grantees Initials
c. Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). No Workers' Compensation insurance shall be required if Grantee completes the following certification:
"I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance." _______ Grantees Initials
d. The-Commercial General Liability and Automobile Liability policies must contain, or be endorsed to contain, the following provisions:
1. The City, its officials, employees, and agents must be covered by policy terms or endorsement as additional insureds.
2. Grantee's insurance coverage is primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, or agents is in excess of Grantee's insurance and does not contribute with it.
3. The City must be provided with 30 days' written notice of cancellation or material change in the policy language or terms.
e. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Selfinsured retentions, policy terms, or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by City in writing prior to execution of this Agreement.
f. Grantee shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements must be forwarded to the City Representative named in Section 10. Copies of policies must be delivered to City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
g. For all insurance policy renewals during the term of this Agreement, Grantee (or Fiscal Sponsor) shall send Insurance certificates reflecting the policy renewals directly to the City representative in 10
h. The City may withhold payments to Grantee or terminate the Agreement if the insurance is canceled or is not renewed as required by this Section 12. i. Grantee's liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by Grantee (or Fiscal Sponsor) in connection with this Agreement.
13. Conflicts of Interest. During the Term of this Agreement, Grantee, its officers, directors, employees, and agents shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of City or that in any way hinders Grantee's performance under this Agreement.
14. Miscellaneous.
a. Compliance withApplicable Laws.Grantee shall conduct its affairs andcarry on its operations in compliance with all applicable federal, state, and local laws. Grantee must be registered and in good standing with the Registry of Charitable Trusts maintained by the California Attorney General and the corporation must be registered, active, and in good standing with the Secretary of State corporation filings.
b. Assignment. Grantee may not assign or otherwise transfer this Agreement or any interest in it without City's written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(b) is void. c. Successors andAssigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 14{c} does not constitute the City's consent to any assignment of this Agreement or any interest in this Agreement. d. Independent Contractors. Grantee may assign employees and volunteers or contract with third parties to perform the Authorized Services at its exclusive discretion and the services of such assigned employees, volunteers and third parties shall be at the sole expense of Grantee and they shall not be entitled to any benefits payable to employees of City. e. Third Parties. This Agreement is for the sole benefit of Grantee (including its Fiscal Sponsor) and City and no other person or entity shall be entitled to rely upon, enforce, or receive any direct benefit from this Agreement.
f. NoJointVenture. It isunderstood and agreed that eachparty isan independent person, entity or government agency and that this Agreement shall not create a relationship between City and Grantee of employer-employee, joint venture, partnership, or anyother relationship of association. Except asexpressly provided in this Agreement or as the parties may specify in writing, neither party shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. g. Interpretation and Exhibits. This Agreement is to be interpreted and applied in accordance with California law. The State Grant Agreement and Attachments 1 and 2 are part of this Agreement.
h. Waiver of Breach. Aparty's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party's breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
i. Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable,or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
j. Counterparts. The parties may sign thisAgreement in counterparts, each ofwhich is considered an original, but all ofwhichconstitute the same Agreement. Facsimiles, pdfs,andphotocopies of signature pages ofthe Agreement have the samebinding effect as originals. k. Time of Essence. Time is of the essence in performing this Agreement. l. Integration and Modification. This Agreement sets forth the parties' entire understanding regarding the matters set forth above and is Intended to be their final, complete, and exclusive expression of those matters. It supersedes allprior or contemporaneous agreements, representations, and negotiations-written, oral, express, or implied-and may be modified only by another written agreement signed by bothparties.
m. Authority. Each of the signatories to this Agreement represents that he/she is authorized to sign the Agreement on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
Dated: ____________________
BRIGHT FUTURES FOR YOUTH
By:
Name:
Title:
By:
Name:
Title:
CITY OF NEVADA CITY,
A municipal corporation
_________________________
Sean Grayson, City Manager
ATTEST:
Gabrielle Christakes, Deputy City Clerk
Approved as to form:
________________________
Dean Pucci, City Attorney
ATTACHMENT 1
Authorized Activities
Authorized Services Program Delivery, Requirements
The Nevada City School District (NCSD) has been contracted with Nevada City to provide a cannabis and other drug prevention program for its students in grades 5 – 8 for the City’s Proposition 64 grant.
This scope of work for Bright Futures for Youth (BFFY) relates to the referrals generated by the NCSD prevention program facilitator or other Nevada City youth services providers to BFFY for the following:
1) participants who are in need of further assessment or evaluation for substance use, mental health, or other related services, and facilitation of delivery of those services (based on results of a Brief Intervention Survey); and 2) participants who would benefit for inclusion in BFFY’s year-round (after school/summer) youth programming. In completion of this Scope of Work, BFFY will do the following:
• BFFY will work with the NCSD’s prevention program facilitator to develop a referral process for student participants in NCSD’s prevention program that will be referred to BFFY’s case management for substance use and mental health services (for further assessment or referral to services), including any necessary student information forms and parental permissions needed. • BFFY will work with the NCSD’s prevention program facilitator to develop a referral process for accepting NCSD’s prevention program students into BFFY’s Year-round (after school/summer) program, including any necessary student information forms and parental permissions needed. • BFFY will accept referrals from NCSD’s program facilitator for students needing further assessment of possible need for mental health/behavioral health services. Each student referred will have had a Brief Intervention Survey completed by the prevention program facilitator who will forward the student’s Brief Intervention Survey Score along with the referral. • BFFY will accept referrals from NCSD’s prevention program facilitator for participation in BFFY’s yearround (after school/summer youth program. • Provide additional hours for current employees to deliver and manage the program and referrals; • Meet with City Staff, and the NCSD prevention program facilitator monthly about the program’s progress and updates, referrals generated, and any other needs or challenges.
Data Collection and reporting
BFFY will participate in meetings or calls with Nevada City’s contracted Proposition 64 grant evaluator and any designated City staff to discuss outcomes that have been developed and for which data collection will be developed around to measure attainment of outcomes. Basic outcomes for the prevention program, include:
Prevention Program Outcomes:
Process-related Objectives:
A. NCSD will deliver an evidence-based prevention program to all 5 – 8th grade students at Seven Hills Middle School;
B. NCSD will generate referrals for students as needed to BFFY for further screening conducting BI surveys for those requiring additional support;
C. NCSD will provide referrals for 15% of current students in grades 5-8 for the BFFY Year-round (After School/Summer) Youth Program.
Outcome-related Objectives:
A. Students will increase their perception of harm around cannabis use; B. Students will improve their knowledge about the effects of youth cannabis use on brain development and other negative potential consequences;
C. Students will report that they would feel comfortable asking someone (a parent, teacher, prevention program facilitator, BFFY youth staff or other trusted adults) if they or a friend needed help with mental health, substance use, bullying or other concerns over their or others’ safety.
Basic Proposition 64 grant data collection is shown below.
Quarterly, BFFY will report the following data using the template provided by the evaluator:
• Number of NCSD students and other Nevada City youth referred to BFFY for connection to mental/behavioral health treatment services
• Number of NCSD students and other Nevada City youth referred to substance use services • Number of NCSD students and other Nevada City youth referred to mental health services • Number of NCSD students and other Nevada City youth referred to other supportive services • Number of NCSD students and other Nevada City youth referred to BFFY After School/Summer Program
• Number of NCSD students and other Nevada City youth who enroll in BFFY After School/Summer Program (i.e., new participants)
• Number of ongoing participants each quarter
• Number of NCSD students and other Nevada City youth who leave (stop coming, lose contact) BFFY After School/Summer Program
• Number of NCSD students and other Nevada City youth who are asked to leave the BFFY After School/Summer Program
• Staff hours spent planning (including arranging logistics, communicating with NCSD prevention program facilitator, processing referrals, communication with parents for pending new enrollees about questions they have, etc.)
ATTACHMENT 2
Approved Budget
Grantee “Bright Futures for Youth” (BFFY) is approved to invoice the City $2500 per month for each month that Nevada City youth participate in a Grantee authorized program under the agreement from May 1, 2023 through April 30, 2024 for a total amount not to exceed of $30,000.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 08
Subject: Consideration of Resolution No. 2023-22: A
Resolution of the City Council of the City of Nevada City, California Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.
From: Bryan McAlister, City Engineer
Date: May 17, 2023
Reviewed & Approved: STG
City Manager:
City Attorney:
Recommended Action: Adopt Resolution 2023-22 as follows:
1. Approve the list of projects proposed to be funded with Road Maintenance and Rehabilitation Account (RMRA) in Fiscal Year 2023-24 as described in in Exhibit A.
2. Appoint the City Manager, or designee, to execute all applications, negotiations and agreements which may be necessary for completion of the aforementioned project and expenditure of RMRA funds, except those designated to the City Engineer below.
3. Authorize the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description, which may be necessary for completion of the aforementioned project and expenditure of RMRA funds.
ISSUE STATEMENT AND DISCUSSION:
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.
The City of Nevada City has received $18,797.44 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2017-18, $59,159.03 FY2018-19, $54,072.66 in FY2019-20, $58,211.03 in FY2020-21, $63,654 in FY2021-22 from SB 1, and is expected to receive an estimated $67,000 in RMRA funding in Fiscal Year 2022-23 and $72,000 in FY2023-24. The total amount of funds through FY2023- 24 is $392,894 of which $280,545 has been expended on Commercial Street project leaving a balance of $112,349.
Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects that include, but are not limited to, the following:
Road maintenance and rehabilitation
Safety projects
Complete street components, including pedestrian and bicycle safety projects, and drainage and storm-water capture projects in conjunction with any other allowable project. RMRA funds may also be used to satisfy a match requirement for projects eligible for state or federal funds.
Staff has prepared a list of high-priority and cost-effective projects that meet the criteria set forth by SB1 for public consideration and approval by the City Council. These projects are also prioritized on the City’s Capital Improvements Plan. The projects listed include:
1. Commercial Street (completed in 2022 with expenditures reported to State Controller)
2. Broad Street Y (scheduled for construction in spring/ summer 2024)
3. Sacramento Street (scheduled for design in 2024 and construction in 2025-26) FINANCIAL AND/OR POLICY IMPLICATIONS:
RMRA funds will be used in accordance with the guidelines set forth by California Transportation Commission. Measure M funds will be used for matching contribution and to provide an original source of funds prior to reimbursement of expenditures by the RMRA apportionment.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-of-Way, and other public and contracted infrastructure.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2023-22 A Resolution of the City Council of the City of Nevada City Adopting a List of Projects for Fiscal Year 2023-24 Funded by SB 1: The Road Repair and Accountability Act of 2017
Project List – Local Streets and Roads Program SB1
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, the City of Nevada City has received an allocation of Road Maintenance and Rehabilitation Account (RMRA) fund amounts of $18,797.44 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2017-18, $59,159.03 FY2018-19, $54,072.66 in FY2019-20, $58,211.03 in FY2020-21, $63,654 in FY2021-22 from SB 1, and is expected to receive an estimated $67,000 in RMRA funding in Fiscal Year 2022-23 and $72,000 in FY2023-24 WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Nevada City are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City of Nevada City must adopt by Resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, Streets and Highways Code Section 2034(a)(l) specifies that the project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with Streets and Highways Code Section 2030(b); and
WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the City Council of the City of Nevada City as follows:
1. Approve the list of projects proposed to be funded from the Road Maintenance and Rehabilitation Account (RMRA) in Fiscal Year 2023-24 as described in Exhibit A.
2. Appoint the City Manager, or designee, to execute all applications, negotiations and agreements which may be necessary for completion of the aforementioned project and expenditure of RMRA funds, except those designated to the City Engineer below.
4. Appoint the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description, which may be necessary for completion of the aforementioned project and expenditure of RMRA funds.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 24th day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Doug Fleming, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
* Required
Type
(Select from dropdown list)
Explanation
(if "Other" is selected,
please explain)
?
Pre‐
Construction
(mm/yyyy)
Construction
(mm/yyyy) Min. Max. Sustainability ? Technologies ? Climate Change ? Complete Streets Elements ? Description of Elements PP01 5018
Commercial Street (17/18 Carryover) Road Maintenance &
Rehabilitation
Matching funds by voter
approved tax ‘Measure S’
dedicated exclusively toimprovement and
maintenance of Nevada
City’s streets.
This project consists of roadway rehabiliation. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. Pavement improvements include replacement of
deteriorated pavement and improvements to cross‐slope for drainage. This project will help reduce traffic congestion and improve pedestrian safety which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.
Commercial Street from Union Street to
Broad Street
08/2019
11/2020 10 20 01 01 Yes No Yes Yes
Widened sidewalks andimproved intersection for
pedestrian friendly streetscape,reuse of existing materials(grindings) for pavement sub‐ base.
PP02 5018
Broad Street Y Road Maintenance &
Rehabilitation
Matching funds by voter
approved tax ‘Measure
M’ for improvement and
maintenance of NevadaCity’s streets.
This project consists of roadway rehabiliation. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. Pavement improvements include replacement of
deteriorated pavement and improvements to cross‐slope for drainage. This project will help reduce traffic congestion and improve pedestrian safety which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.
Broad Street from Commerical Street to
(and including) the intersection of West
Broad Street and East Broad Street.
07/2019 12/2024 10 20 01 01 Yes No Yes Yes
Widened sidewalks andimproved intersection for
pedestrian friendly streetscape,reuse of existing materials(grindings) for pavement sub‐ base.
PP03 5018
Sacramento Street Road Maintenance &
Rehabilitation
Matching funds by voter
approved tax ‘Measure
M’ for improvement andmaintenance of NevadaCity’s streets.
This project consists of roadway rehabiliation. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Seven Hills Business District with connectivity to residencial area and schools. Pavement improvements include replacement of deteriorated pavement and improvements to cross‐slope for drainage. This project will help reduce traffic congestion and improve pedestrian safety which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.
Sacramento Street from Highway 20/49 to
intersection of Sacramento Street and Zion
Street.
08/2023 12/2025 10 20 01 01 Yes Yes Yes
Widened sidewalks andimproved intersection for
pedestrian friendly streetscape,reuse of existing materials(grindings) for pavement sub‐ base.
PP04 5018PP05 5018PP06 5018PP07 5018PP08 5018PP09 5018PP10 5018PP11 5018PP12 5018PP13 5018PP14 5018PP15 5018PP16 5018PP17 5018PP18 5018PP19 5018PP20 5018PP21 5018PP22 5018PP23 5018PP24 5018PP25 5018PP26 5018PP27 5018PP28 5018PP29 5018PP30 5018PP31 5018PP32 5018PP33 5018PP34 5018PP35 5018PP36 5018PP37 5018PP38 5018 Legislative District(s)
LoCode
Part 2: Project Information
Local Streets and Roads Program
Additional Project Elements
(Does the project include element(s) as described in SHC 2030 (c)‐(f)? (Select Y/N from dropdown list)
Proposed ?
Project
(PP#)
* Project Title Project ID
(if any)
* Project Description
?
* Project Location
?
State Senate State Assembly
* Estimated
Completion Date
* Estimated
Useful Life
(# of Yr)
Project Type
?
1 of 8
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 09
Subject: Consideration of Award of Contract with Hardcore Construction in an Amount Not-To-Exceed $112,780 for 2023 Water Distribution System Water Valve Replacement;
Authorize a Project Contingency of 10%, Not-To-Exceed
$11,300; and Authorize the City Manager to Execute any
Contracts or Related Documents.
From: Bryan McAlister, City Engineer
Date: February 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.
ISSUE STATEMENT AND DISCUSSION:
City Engineering and Public Works staff identified areas where Water Valves are needed for isolation, maintenance and operations of the Water Distribution System. A total of 13 valves will be installed, of which 5 are replacement of existing inoperable valves and 8 are new valves.
Water Distribution System projects are prioritized for capital improvements based on inspection reports, Age-Class maps and the City’s Water and Wastewater Infrastructure and Operations Audit and are included in the Capital Improvements Plan (CIP). This project is a ‘Priority 1 – Critically needed project’ for replacement and maintenance due to the age of pipe and location of the existing waterlines. The waterlines are located at various locations as shown on the plans included in the contract documents.
City staff procured bids for 2023 Water Distribution System Water Valve Replacement as advertised. Bids were received, as follows:
PSCE, Brownsville CA $ 118,900
Hansen Bros, Grass Valley CA $ 124,370
Hardcore Construction., Grass Valley CA $ 112,780
C&D Construction, Nevada City CA $ 139,878
Hardcore Construction was selected as the lowest responsive and responsible bidder.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The project will be funded as authorized by fiscal year 2022/2023 water fund appropriations and by Measure M for water improvements.
STRATEGIC PLAN ALIGNMENT:
The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Contract for 2023 Water Distribution System Water Valve Replacement 1 2023 Water Distribution
System Valve Improvements
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
2023 Water Distribution System Valve Improvements
Sealed proposals for 2023 Water Distribution System Valve Improvements will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday May 18, 2023, 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 "2023 Water Distribution System Valve 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 mandatory 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: May 15, 2023 CITY OF NEVADA CITY
Bryan McAlister, PE, PLS
City Engineer
Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister [email protected] not less than seventy-two (72) hours prior to bid opening.
3 PROPOSAL/CONTRACT
2023 Water Distribution System Valve Improvements, Nevada City, CA TO: City of Nevada City, City Hall, Nevada City, California.
The undersigned, as a bidder, submits the following proposal for the 2023 Water Distribution System Valve Improvements project in the City of Nevada City, California, and offers to perform all work and furnish all labor, materials, tools, equipment, power and water as required for the completion of said project, in accordance with the plans, specifications and all other contract documents. The bidder has inspected the project site and has examined all conditions affecting the proposed work. The bidder is licensed with Contractors State License Board and is registered as a public works contractor with the Department of Industrial Relations as required to bid on this contract.
If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all documents and evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within twenty five (25) working days after receiving written notice to proceed. No bid bond is required for this project.
Attached to this bid and made a part hereof is a list of proposed subcontractors, setting forth all information required by Section 4104 of the Government Code.
The undersigned is (state whether individual, partnership or corporation) .
DATED:
FIRM NAME: BY:
Signature of Authorized Person
ADDRESS:
Contact Person:
PHONE:
CELL PHONE: _______________________
CONTRACTOR'S #:
EXPIRATION:
NEVADA CITY BUSINESS LICENSE #:
____________ EXPIRATION: __________
4 BID SCHEDULE
CITY OF NEVADA CITY
2023 Water Distribution System Valve Improvements
No. Quantity Unit Item Description Unit Price Total Price
1.) 2 EA 8” Water Valve (new) $________ $_____________
at North Pine and Cottage
2.) 1 EA 6” Water Valve (replace) $________ $_____________ at Bennett and Spring
3.) 1 EA 6” Water Valve (new) $________ $_____________
at Grove and High
4.) 1 EA 6” Water Valve (new) $________ $_____________
at Grove (mid-block)
5.) 2 EA 6” Water Valve (replace) $________ $_____________ at Nimrod and Silva
6.) 2 EA 6” Water Valve (replace) $________ $_____________ at Clay and Martin
7.) 1 EA 6” Water Valve (new) $________ $_____________
at Clay (mid-block)
8.) 1 EA 6” Water Valve (new) $________ $_____________
at Turpentine and Galena
9.) 1 EA 6” Water Valve (new) $________ $_____________
at Turpentine and Long
10.) 1 EA 6” Water Valve (new) $________ $_____________ at Galena and Long
11.) 8 TN Asphalt Trench Resurfacing $________ $_____________ TOTAL: $_________________
Bid Schedule Notes:
1. Project shall be prevailing wages.
2. Unit prices shall include all labor and materials for traffic control, potholing, sawcutting, trench plates, 5 shoring, abandonments or removal of existing pipe, fittings, staging/ bypass facilities, connections, excavation, bedding, backfill and testing necessary to complete the work shown on the plans.
3. Unit price for trench resurfacing shall include T-grind and asphalt paving, surface preparation and compaction of agg. base. Aggregate base shall be included in the unit cost for pipe installation where used for trench backfill and in the unit cost for trench resurfacing where used for the road section.
LIST OF SUBCONTRACTORS
NAME (DBE Y/N) PLACE OF BUSINESS
CONTRACTORS LICENSE
PORTION OF WORK
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
6 AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the 2023 Water Distribution System Valve Improvements in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:
1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.
2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) 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 twenty five (25) working days after Contractor receives said Notice to Proceed.
5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.
6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties. 7 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)
8 GENERAL CONDITIONS
1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.
2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.
3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.
4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.
5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such 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. 9 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 and in accordance with Section [9550 - 9566] of the CA Code.
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 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. 10 11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:
State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 11 PART B
GENERAL CONDITIONS
Article
Number Title
1 Definitions
2 Preliminary Matters
3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance
6 Contractor's Responsibilities
7 Work by Others
8 Owner's Responsibilities
9 Engineer's Status During Construction
10 Changes in the Work
11 Change of the Contract Price
12 Change of the Contract Time
13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
14 Payments and Completion
15 Suspension of Work and Termination
16 Arbitration
17 Miscellaneous
12 INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Access to the Work 13.5
Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1
Agreement, Execution of 2.1
Application for Payment--definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Approval of Final Payment 14.13, 14.14
Approval of Payments--in general 14.4 thru 14.7.5
Arbitration 16
Availability of Lands 4.1
Award--Notice of--defined 1
Before Starting Construction 2.7 thru 2.9
Bid--definition 1
Bidder--definition 1
Bonds, Additional and Insurance 5.12
Bonds and Insurance--in general 5
Bonds--definition of 1
Bonds, Delivery of 2.2
Bonds, Performance and Payment 5.1, 5.2
Cash Allowances 11.9
Change Order--definition of 1
Changes in the Work 10
Claims, Waiver of 14.16
Clarifications and Interpretations 9.3
Cleaning 6.29
Completion, Payments and 14
Completion, Substantial 14.8, 14.9
Contract Documents--definition of 1
Contract Price, Change of 11
Contract Price--definition of 1
Contract Time, Change of 12
Contract Time--Commencement of 2.5
Contract Time--definition of 1
Contractor--definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor, Neglected Work by 13.12
Contractor's Continuing Obligation 14.15
Contractor's Fee 11.6
Contractor's Liability Insurance 5.3
Contractor's Pre-Start Representations 2.4
Contractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Copies of Documents 2.3
Correction or Removal of Defective Work 13.9
Correction Period, One Year 13.10
Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5
13 Costs, Supplemental 11.4.5
Day--definition of 1
Defective Work, Acceptance of 13.11
Defective Work, Correction or Removal of 13.9
Defective Work--definition of 9.4
Defective Work--in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.2
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.3
Drawings--definition of 1
Drawings, Record 6.19
Emergencies 6.22
Engineer--definition of 1
Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9
Execution of Agreement 2.1
Fee, Contractor's 11.6
Field Order--definition of 1
Field Order--issued by Engineer 10.2
Final Acceptance for Payment 14.12
Final Inspection 14.11
Final Payment, Approval of 14.13, 14.14
General--Miscellaneous Provisions 17.3 thru 17.7
Giving Notice 17.1
Guarantee 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.2, 13.3
Insurance--Additional Bonds and 5.12
Insurance, Bonds and--in general 5
Insurance--Certificates of 2.9 and 5
Insurance, Contractor's Liability 5.3
Insurance, OWNER's Liability 5.4
Insurance, Property 5.5 thru 5.11
Interpretations and Clarifications 9.3
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.15
Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4
Materials and Equipment--furnished by Contractor 6.3
Materials or Equipment, Substitute 6.7
Miscellaneous Provisions 17
Modification--definition of 1
Neglected Work by Contractor 13.12
Notice, Giving of 17.1
Notice of Award--definition of 1
Notice to Proceed--definition of 1
14 Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
OWNER's Liability Insurance 5.4
OWNER's Representative--Engineer to serve as 9.1
OWNER's Responsibilities--in general 8
Partial Utilization 14.10
Patent Fees and Royalties 6.13
Payments and Completion--in general 14
Payments, Approval of 14.4 thru 14.7.5
Performance, Payment and other Bonds 5.1 thru 5.2
Permits 6.14, 6.15
Physical Conditions--Surveys and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.9
Premises, Use of 6.17, 6.18
Price--Change of Contract 11
Price--Contract--definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.8, 14.1
Project--definition of 1
Project Representative, Resident--definition of 1
Project Representative, Resident--provision of 9.8
Project, Starting 2.6
Property Insurance 5.5 thru 5.11
Protection, Safety and 6.20 thru 6.21
Record Drawings 6.19
Reference Points 4.4
Regulations, Laws and 6.15
Rejecting Defective Work 9.4
Removal or Correction of Defective Work 13.9
Resident Project Representative--definition of 1
Resident Project Representative--provision of 9.8
Responsibilities, Contractor's 6
Responsibilities, OWNER's 8
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawings Submissions 2.8, 14.1
Schedule of Values 14.1
Shop Drawings and Samples 6.23 thru 6.28
Shop Drawings--definition of 1
Site inspection--by Contractor 2.8
Site, Visits to--by Engineer 9.2
Specifications--definition of 1
Starting Construction, Before 2.7 thru 2.9
Stopping Work--by Contractor 15.5
Stopping Work--by OWNER 13.8
Subcontractor--definition of 1
Subcontractors--in general 6.8 thru 6.12
Substantial Completion--certification of 14.8
15 Substantial Completion--definition of 1
Substitute Materials or Equipment 6.7
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety--consent to payment 14.12, 14.14
Surety--qualification of 5.1, 5.2
Suspending Work, by OWNER 15.1
Suspension of Work and Termination--in general 15
Superintendent--Contractor's 6.2
Supervision and Superintendence 6.1, 6.2
Taxes 6.16
Termination--by Contractor 15.5
Termination--by OWNER 15.2 thru 15.4
Termination, Suspension of Work and--in general 15
Tests and Inspections 13.2, 13.3, 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract--definition of 1
Uncovering Work 13.6, 13.7
Use of Premises 6.17, 6.18
Values, Schedule of 14.1
Visits to Site--by Engineer 9.2
Waiver of Claims 14.16
Warranty and Guarantee--by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.5
Work by Others--in general 7
Work, Cost of 11.4
Work--definition of 1
Work, Neglected by Contractor 13.12
Work, Stopping by Contractor 15.5
Work, Stopping by OWNER 15.1 thru 15.4
16 GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement.
Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.
Bid - The offer or proposal of the Bidder submitting on the prescribed form setting forth the prices for the Work to be performed.
Bidder - Any person, firm, or corporation submitting a Bid for the Work.
Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.
Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.
Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.
Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.
Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.
CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.
Day - A calendar day of twenty-four hours measured from midnight to the next midnight.
Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.
ENGINEER - The person, firm or corporation named as such in the Agreement.
Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) 17 a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.
Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.
OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.
Project - The entire construction to be performed as provided in the Contract Documents.
Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.
Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]
Subcontractor - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.
Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.
Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. 18 ARTICLE 2 - PRELIMINARY MATTERS
Execution of Agreement:
2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.
Delivery of Bonds:
2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.
Additional copies will be furnished, upon request, at the cost of reproduction.
Contractor's Pre-Start Representations:
2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.
Commencement of Contract Time: Notice to Proceed:
2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.
Starting the Project:
2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.
19 Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.
2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.
2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.
ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF
CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.
ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed 20 by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
Physical Conditions - Surveys and Reports:
4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.
Unforeseen Physical Conditions:
4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions.
Reference Points:
4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved.
ARTICLE 5 - BONDS AND INSURANCE
Performance and Payment Bonds:
5.1 Upon execution of the contract agreement, CONTRACTOR shall also provide, at his own expense, a separate Payment bond, in an amount equal to at least 100 percent of the contract price, as security for payment of all persons performing labor and furnishing materials regarding the contract. This payment bond must remain in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid and shall 21 otherwise comply with civil code. Sureties for these bonds shall be satisfactory to the City Attorney.
Should any bond become insufficient, CONTRACTOR shall renew the bond within 10 working days after receipt of notice from the City.
Should any surety at any time be unsatisfactory to the City, a notice will be given to CONTRACTOR to that effect.
No further payments shall be deemed due or will be made under said agreement until a new surety shall qualify and be accepted by the City.
Changes in said agreement or extensions of time, made pursuant to the agreement, shall in no way release CONTRACTOR or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
Contractor's Liability Insurance:
5.2 CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under workman's compensation laws, disability benefit laws, or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom – any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplementary Conditions or General Requirements (Division 1) or required by law, whichever is greater, shall include parties. Before starting Work, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen days prior written notice has been given to OWNER and ENGINEER.
Any deductibles or self-insured retentions must be declared to and approved by the OWNER. At the option of the OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER, its officers, officials, employees and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the OWNER guaranteeing payment of losses and related investigations, claim administration and defense expenses.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The ENGINEER and the OWNER, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance.
2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the ENGINEER and the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the ENGINEER and the OWNER, its officers, officials, employees, or volunteers 22 shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall be cancelled by either party, except after fifteen (15) days prior written notice by certified mail, return receipt requested, has been given to the OWNER and the ENGINEER.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Insurance is to be placed with a current A.M. Best's rating of no less than A:VII.
CONTRACTOR shall furnish the OWNER with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the OWNER or on other than the OWNER's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserved the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
CONTRACTOR shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.
OWNER's Liability Insurance:
5.4 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract Documents.
Property Insurance:
5.5 Unless otherwise provided, OWNER shall purchase and maintain property insurance upon the Project to the full insurable value hereof. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of Fire, Extended Coverage, Vandalism, and Malicious Mischief, and such other perils as may be specified in the Supplementary Conditions or General Requirements (Division 1), and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).
5.6 OWNER shall purchase and maintain such steam boiler and machinery insurance as may be required by the Supplementary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work.
5.7 Any insured loss under the policies of insurance required by paragraphs 5.5 and 5.6 is to be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.11.
5.8 OWNER shall file a copy of all policies with CONTRACTOR before an exposure to loss may occur. If 23 OWNER does not intend to purchase such insurance, he shall inform CONTRACTOR in writing prior to commencement of the Work. CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to OWNER.
If CONTRACTOR is damaged by failure of OWNER to purchase or maintain such insurance and so to notify CONTRACTOR, then OWNER shall bear reasonable costs properly attributable thereto.
5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order.
5.10 OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 6.12.
5.11 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 16. OWNER as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.
Additional Bonds and Insurance:
5.12 Prior to delivery of the executed Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in paragraph 6.7).
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.
6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR.
24 Labor, Materials, and Equipment:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform personnel to survey and lay out the Work and perform construction as required by the Contact Documents. He shall at all times maintain good discipline and order at the site.
6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.
6.5 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents.
Substitute Materials or Equipment:
7.1 If the General Requirements (Division 1 of the Specifications), law, ordinance, or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9 (unless another time is provided in the General Requirements), make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense.
Concerning Subcontractors:
6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of Award.
CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the 25 difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. CONTRACTOR shall not without the consent of OWNER and ENGINEER make any substitution for any Contractor, other person or organization who has been accepted by OWNER and ENGINEER unless ENGINEER determines that there is good cause for doing so.
6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER or pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values.
6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.
6.11 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.
6.12 All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee under paragraph 5.9. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR under paragraph 5.5 through 5.11, inclusive.
Patent Fees and Royalties:
6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of an invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.
Permits:
26 6.14 CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.
CONTRACTOR shall also pay all public utility charges.
Laws and Regulations:
6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications and Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations.
Taxes:
6.16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed.
Use of Premises:
6.17 CONTRACTOR shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.
6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it.
Record Drawings:
6.19 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show changes made during the construction process.
These shall be available to ENGINEER and shall be delivered to him for OWNER upon completion of the Project. [Note: Further provisions in respect of such record drawings may be included in the General Requirements (Division 1).]
Safety and Protection:
6.20 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
6.20.1 all employees on the Work and other persons who may be affected thereby,
6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site and
27 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.
CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify OWNERs of adjacent utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that Work is acceptable
6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.
Emergencies:
6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional work done by him in any emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and
12. Shop Drawings and Samples:
6.23 After checking and verifying all field measurements. CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like to enable ENGINEER to review the information as required.
6.24 CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
28 6.25 At the time of submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents.
6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved.
CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.
6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER.
6.28 ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
[Note: Further provisions in respect to Shop Drawings and samples may be included in the General Requirements (Division 1).]
Cleaning:
6.29 CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. [Note: Further provisions in respect to cleaning may be included in the General Requirements (Division 1).] Indemnification:
6.30 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified 29 hereunder.
6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by an employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.
6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents, or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents, or employees provided such giving or failure to give is the primary cause of injury or damage.
ARTICLE 7 - WORK BY OTHERS
7.1 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the other CONTRACTOR'S who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs.
7.2 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work.
7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. CONTRACTOR shall not endanger any work by others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and of the other CONTRACTOR'S whose work will be affected.
7.4 If the performance of additional work by other CONTRACTOR'S or OWNER is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves him in additional expenses or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 30 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objections, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration.
8.3 OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraph 14.4 and 14.13.
8.4 OWNER's duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.
8.5 OWNER's responsibilities in respect of liability and property insurance are set forth in paragraph 5.4 and
5.5. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders.
8.7 OWNER's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph
13.2. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1.
Paragraph 15.2 deals with the OWNER's right to terminate services of CONTRACTOR under certain circumstances. 31 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
OWNER's Representative:
9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of OWNER and ENGINEER.
Visits to Site:
9.2 ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of CONTRACTOR'S.
Clarifications and Interpretations:
9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.
Rejecting Defective Work:
9.4 ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2 or has been damaged prior to approval of final payment). He will also have authority to require special inspection or testing of the Work as provided in paragraph 13.7, whether or not the Work is fabricated, installed, or completed.
Shop Drawings, Change Orders and Payments:
9.5 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive.
9.6 In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11, and 12. 32 9.7 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article
14. Resident Project Representative:
9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents.
Decisions on Disagreements:
9.9 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing within a reasonable time.
9.10 Either OWNER or CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16, such arbitration to be in accordance with Article 14.16, such arbitration to be in accordance with Article 16. However, no demand for arbitration of any such claim, dispute, or other matter shall be made until the earlier of (a) the date on which ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which ENGINEER rendered his written decision in respect to the claim, dispute, or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.
Limitations on ENGINEER's Responsibilities:
9.11 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees any other person performing any of the Work.
9.12 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.
9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 33 ARTICLE 10 - CHANGES IN THE WORK
10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, other additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party.
10.2 ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.
10.3 Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.7.
10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in paragraph 4.3, and Work performed in an emergency as provided in paragraph
6.22 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by ENGINEER.
10.5 It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly.
CONTRACTOR shall furnish proof of such adjustment to OWNER.
ARTICLE 11 - CHANGE OF THE CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.
11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.
11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:
11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 34 11.3.2 By mutual acceptance of a lump sum.
11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).
Cost of the Work:
11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5:
11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foreman at the site. The expenses of performing work after regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER.
11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.
11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers, and accountants) employed for services specifically related to the Work.
11.4.5 Supplemental costs including the following:
11.4.5.1 The proportion of necessary transportation, traveling, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.
11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which 35 remain the property of CONTRACTOR.
11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.
11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority.
11.4.5.5 Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses.
11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2.
11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.
11.4.5.9 Cost of premiums for bonds and insurance which OWNER is required to pay in accordance with paragraph 5.12.
11.5 The term Cost of the Work shall not include any of the following:
11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee.
11.5.2 Expenses of CONTRACTOR's principal and branch offices other than his office at the site.
11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.
11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in 36 subparagraph 11.4.5.9).
11.5.5 Costs due to negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.
Contractor's Fee:
11.6 The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows:
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. 37 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.
38 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF
ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.
Tests and Inspections:
13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.
13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.
13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.
Access to Work:
13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.
Uncovering Work:
13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.
13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, 39 material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.
OWNER May Stop the Work:
13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.
One Year Correction Period:
13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.
Acceptance of Defective Work:
13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 40 Neglected Work by Contractor:
13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.
ARTICLE 14 - PAYMENTS AND COMPLETION
Schedules:
14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.
Application for Progress Payment:
14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.
Contractor's Warranty of Title:
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").
Approval of Payments:
14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 41 his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within twenty days of presentation to him of an approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER. Payment to contractor shall be made within thirty (30) days following receipt of a demand for any progress payment due thereunder as to which there is no good faith dispute between the parties (CA State Civil Code § 3260.1).
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 42 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 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 43 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 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:
44 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 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:
45 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 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:
46 17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project.
17.4 All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project.
17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.
17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.
17.7 The Contract Documents shall be governed by the law of the place of the Project.
47 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under 48 subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. Effective January 1, 2012.) 1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner 49 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(Amended by Stats. 2014, Ch. 28, Sec. 71. Effective June 20, 2014.) 1777.5
(a) This chapter does not prevent the employment of properly registered apprentices upon public works. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 50 apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
51 (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and 52 geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.
53 General Notes:
A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.
B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.
C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.
D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.
E. All work shall conform to the best practice prevailing in the various trades comprising the work.
F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.
G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.
H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.
I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.
J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.
K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).
L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.
M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities where such facilities may conflict with placement of improvements shown on this plan. Call 54 ‘Underground Service Alert’ at 800-642-2444 prior to any excavation.
N. The locations of all underground facilities shown on this plan are approximate. A reasonable effort has been made to locate and delineate all underground facilities. However, the design engineer assumes no liability for the accuracy of completeness of the existing facilities shown on hereon or for the existence of other underground utilities not shown on these plans. The contractor shall verify the location of all existing facilities interfering with the construction of improvements. If so directed by the design engineer, the contractor shall stop work immediately until remedial action can be taken. Any cost resulting from the contractor’s failure to report and or failure to stop work as directed will be the responsibility of the contractor.
O. The contractor shall request construction staking for any phase of work no less than two working days prior to commencement of construction.
P. The contractor is responsible for the protection of all existing monuments and other survey markers during construction. Monuments disturbed, or lost, due to construction activities will require that the contractor have them replaced, in kind, by a licensed California Land Surveyor-who will be required to file either a Corner Record, or Record of Survey, with the County-whichever will meet the requirements of L.S. Act Section 8773
Q. The Contractor shall provide one complete set of As-Built Drawings. Any changes to the plans shall be shown on a clean set of drawings marked in red and given to the City Engineer at job completion. 55 Project Specifications
PROJECT LIMITS
On Various Streets in Nevada City. Refer to improvement plans for limits of work.
PROJECT DESCRIPTION
The project consists of new sewer main and reconstruction of sewer services as shown on the plans.
CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, traffic control, potholing, saw cutting, demolition, clearing, removal and disposal of demolition debris or excess materials, earthwork, compaction, shoring, dewatering, temporary bypass facilities, and all other incidental work as noted or shown on the plans. Clean dirt only may be disposed of on old City airport property and all other materials should be disposed of at the contractor’s cost. 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. Extra depth of trenching and backfill shall be anticipated and included in the contractors bid for all pipe crossings.
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 56 penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.
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 may be reduced to one 11 foot lane of traffic with two way stop control (flaggers) provided. Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented on minor streets (not arterial or collector) 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, driveways, residences at all times for ingress/egress, trash collection and mail delivery unless otherwise approved by the City Engineer. Contractor shall coordinate with residents for their access needs during all road closures and shall refer any complaints or special concerns to the City.
MATERIAL NOTES
Aggregate Base shall be Class 2, 3/4" maximum grading, conforming to standard specs. Section 26, placed at 95% Relative Compaction.
Asphalt material shall be Type A or B 1/2‐inch maximum medium gradation and shall conform to the provisions in Sections39. “Asphalt Concrete,” of the Standard Specifications and these Special Provisions. Asphalt cement shall be grade PG 64‐16 conforming to the requirements of Section 92 of the Standard Specifications. Asphalt paving to include “T‐Section” edge grind/overlay of 8”‐12” width and 1” depth (beyond sawcut line) where adjoining existing asphalt.
WATER LINE PIPE AND FITTINGS
Contractor shall provide and install all materials necessary for the project including tubing, and pipe, horizontal and vertical elbows (as required for pipe crossings or bends), short pipe pieces, corporation stops, piping connections, couplings, jointing materials, warning tape, valve box and lid, restrained joints, thrust blocks, locating wire, warning tape, excavation, bedding and backfill. Water pipe 4” and largershall be CL150 C900. Water pipe smaller than 4” shall be PE polyethylene watersupply line. Flushing, disinfection testing and pressure testing shall be provided.
Trench backfillshall consist ofsand bedding around pipe per Standard Specifications and trench zone backfill from top ofsand bedding to bottom of roadway pavementsection with compacted aggregate base.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 24, 2023 Agenda Item No. 10
Subject: Second Reading and Consideration of Ordinance No. 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building
Standard Codes and the 2022 California Fire Code Both with Local Amendments
From: Bryan McAlister, City Engineer
Sam Goodspeed, Division Chief
Date: May 19, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
On May 10, 2023 the City Council conducted first reading of Ordinance 2023-05. The California Building Standards Commission has adopted and published the 2022 triennial edition of the California Building Standards Code with an effective date of January 1, 2023. The California Building Standards Code includes the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, Existing Building, Referenced Standards, and Fire Codes. The Code is required to be enforced in all parts of the State in accordance with California Health and Safety Code Section 17958. The California Building Standards Law provides that a local jurisdiction may, as reasonably necessary, establish more restrictive amendments based upon local climatic, topographical or geological conditions. The codes being recommended for adoption include the 2022 Building Standards Code, Title 24 Parts 1 through 12; 2021 International Swimming Pool and Spa Code; 2021 International Property Maintenance Code and the City’s local amendments.
If the 2022 codes are not approved by a municipality, it becomes automatically adopted for that community without the benefit of local amendments. As with most communities, the City of Nevada City approves each updated version of the California Building Code with certain amendments. The 2022 CBSC includes minor changes compared to past cycles. Except for additional energy savings features, including electrical infrastructure requirements, most of the code changes are technical in nature. Though many changes are minor, the cumulative changes will add to the cost of building homes and non-residential buildings. Staff continues to support the local amendments as they were adopted in past code updates. The local updates proposed for both the Building and Fire codes include minor clarifications and continue with the same amendments as in past years.
On December 13, 2022, the County of Nevada adopted all the required Codes with local amendments by Ordinance No. 2515 (copy attached). Historically the City has contracted with the County for building permitting and inspection services since 1962, making it desirable to have essentially the same standards and amendments apply to both jurisdictions. The proposed City ordinance for adoption of the 2022 Building Standards has been reviewed by City of Nevada City Engineering and Fire departments and is recommended for approval.
Adoption of the proposed ordinance is exempt from CEQA review pursuant to the CEQA guidelines, including Section 15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and Section 15060(c)(2) as an activity covered by the general rule that CEQA applies only to projects that have the potential for direct, indirect or reasonably foreseeable physical change in the environment.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no direct financial impact related to action as County and City can adopt fees to cover costs of permit processing.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiatives of Housing, Fire, Business and Infrastructure, as it relates to Code Compliance for Building Standards.
ENVIRONMENTAL CONSIDERATIONS:
Recommend finding ordinance is exempt from environmental review under CEQA pursuant to §§15378(b)(5) and 15060(c)(2) as recited in proposed ordinance.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
County of Nevada Ordinance No. 2515 Amending Chapter V of the Nevada County Land Use and Development Code
Proposed City Ordinance No. 2023-05 with attached Building Standards Title 15 (Exhibit “A” to Ordinance No. 2023-05)
ORDINANCE NO. 2023- 05
AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 15 OF THE NEVADA CITY MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA BUILDING
STANDARDS, WITH LOCAL AMENDMENTS
WHEREAS, the State of California revises its building standards on a triennial basis. The building standards are intended to regulate and govern the conditions and maintenance of all property, buildings, and structures by providing standards for supplied utilities, facilities, and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupancy and use, and
WHEREAS, pursuant to Health and Safety Code Section 17958.5, et seq., a city may make such changes or modifications in the requirements contained in the provisions of the California Building Standards Codes, as are reasonably necessary because of local climatic, geological, or topographical conditions, and
WHEREAS, the City of Nevada City contracts with the County of Nevada for its building inspection services, making it desirable to have the same building standards and amendments applicable within the City of Nevada City as those applicable in the County, and WHEREAS, the County of Nevada has reviewed and on December 13, 2022, has adopted by Ordinance No. 2515, California Building Standards, local amendments, and findings applicable to the unincorporated areas after review and report by the County Building Director; and WHEREAS, the City Council of the City of Nevada City concurs with the adopted purpose, amendments and findings adopted therein and desires to adopt the same amendments to be applicable within the City boundaries upon the same findings, except as specified herein, leaving in effect those provisions of Title 15 having special application only to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2: Legislative Purpose:
A. The State of California revises its building standards on a triennial basis. The building standards are intended to regulate and govern the conditions and maintenance of all property, buildings and structures by providing standards for supplied utilities, facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use.
B. It is the purpose and the intent of this Ordinance to make substantive revisions to Title 15 (Building and Construction) of the Nevada City Municipal Code to ensure conformity with the 2022 edition of the California Building Standards, to wit, the California Building Code and Division II Scope and Administration thereof, the California Residential Code, the California Green Building Standards Code, the California Plumbing Code, the California Electrical Code, the California Fire Code, the California Mechanical Code, the California Energy Code, the California Referenced Standards Code, the California Historic Building Code, the California Existing Building Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 2021 International Swimming Pool and Spa Code, and the 2021 International Property Maintenance Code and modifications thereto as adopted by the County of Nevada and by the City of Nevada City herein. A copy of the 2022 edition of the California Building Standards and included Codes is on file in the Nevada County Building Department and available on-line.
C. Pursuant to Health and Safety Code Section 17958.5, et seq., local jurisdictions may make such changes or modifications in the requirements contained in the provisions of the California Building Standards Code, as are reasonably necessary because of local climatic, geological, or topographical conditions. Nevada County’s amendments to the 2022 California Building Standards, which have been made in response to unique climatic, geological, or topographical conditions in Nevada County, are codified in Chapter V of the Nevada County Land Use and Development Code and by this Ordinance are adopted by the City of Nevada City with modifications applicable within the City’s jurisdiction. Local amendments to the California Building Standards Code shall not become effective until the modifications and findings have been filed with the Building Standards Commission.
SECTION 3: Chapters 15.04 and 15.08 of the Nevada City Municipal Code are repealed and readopted as set forth in Exhibit “A”, attached hereto and incorporated by such reference.
SECTION 4. Findings.
A. The City Council hereby finds and declares that the amendments to the 2022 California Building Standards, as codified in Chapter V of the Nevada County Land Use and Development Code and as modified herein, are reasonably necessary because of local climatic, geological, and topographical conditions, topographical variations and the high risk of forest fires within the City and County.
B. The City Council hereby finds and declares that this Ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to the CEQA guidelines, including §15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and §15060(c)(2) as an activity that does not create a potential for direct or reasonably foreseeable indirect physical change in the environment.
C. Pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the City of Nevada City hereby finds that the amendments adopted herein are reasonably necessary because the city has unique local climatic and topographic conditions. These local conditions have an adverse effect on the prevention of (1) major loss fires and (2) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City. Below are adverse local climatic, geological, and topographic conditions that necessitate the modifications to the California Building Standards Code.
1. The City of Nevada City weather is mild during the summer when daytime temperatures tend to range in the 70-90-degree Fahrenheit range, and cold during the winter, which daytime temperatures tend to be in the 40-degree Fahrenheit range. The City experiences large temperature variations between night and day during the summer; the difference can be up to 40 degrees Fahrenheit.
2. The City has a mix of urban population growth interspersed with areas of vegetation growth. Intensive use of land in urban areas means bigger buildings, which can also create complex problems for fire safety.
3. Average yearly rainfall for the City is approximately 55 inches. This rainfall normally occurs from November to May. Precipitation creates a condition where emergency responders need to drive more cautiously. Snow and ice can be present during winter months, contributing to freezing and slick roadways and resulting in numerous vehicle collisions.
4. The City of Nevada City also has a Mediterranean Climate characterized by warm, dry summers that cause an increase in fire risk during the summer and fall months. A significant portion of the City resides in a Very High Fire Hazard Severity Zone, as classified by the California Department of Forestry and Fire Protection (CAL FIRE).
5. The City is bisected by numerous topographical features including creeks, natural parkways, open space, bridges/overpasses, freeways, drainage canals, wildland, and hillside areas. These topographical features significantly impact the ability of emergency responders to extinguish or control wildland or structure fires. The City resides at an elevation varying between 2200 to 2800 feet.
6. Moderate traffic congestion on the City's major streets and intersections at peak times acts as a constraint to timely response for fire and emergency vehicles. As a result of increased development both within the City and in the unincorporated area of the County, some roadways, and intersections in the City are expected to have significantly increased traffic flow rates in the future. In the event of an accident or other emergency sections of the City could be isolated or response time could be sufficiently slowed so as to increase the risk of injury or damage.
7. Extended response times for a full fire fighting force to a known fire have the strong potential for increased risk to life and increased property damage and built in fire protection systems such as automatic fire alarm and automatic fire sprinkler systems are necessary, where they are otherwise not required by this code, to limit the threat to life and increased property loss.
8. The local climatic and topographical conditions affect the acceleration, intensity, and size of fires in the community. Times of little or no rainfall, or low humidity and high temperature create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires. Nevada City’s downtown and surrounding areas contain numerous historic and older buildings that are located close together, which can exacerbate the fire condition from dry conditions, wind, and shake shingle roofs.
Additionally, the City’s development pattern contributes to its unique fire protection needs as the City is intersected by natural features and is also subject to traffic conditions. Local vegetation contributes to the fire dangers in the City, as the vegetation provides ready fuel for fast-spreading wildfires. These structures and the flammable material are susceptible to ignition by embers from a wild land fire, furthering the spread of fire to adjacent buildings.
SECTION 5: Severability.
If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6: Effective Date.
This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 10th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 24th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Niel Locke, City Clerk Dean Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.
CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk
EXHIBIT A
Chapter 15.04
Sections:
15.04.005 Purpose.
15.04.010 Definitions.
15.04.015 California Codes adopted.
15.04.020 California amendments adopted.
15.04.023 Limit on discretion of building official
15.04.025 Copies of Codes and County amendments
15.04.030 Compliance with environmental health, zoning, encroachment requirements and other regulations.
15.04.031 Special rules applicable to building permits in City and Historical District.
15.04.035 Building Standards Board of Appeals.
15.04.040 Building Accessibility Standards Board of Appeals.
15.04.045 Work exempt from permit; building permit.
15.04.050 Work exempt from permit; building permit.
15.04.100 Savings clause
15.04.005 Purpose.
This Chapter is enacted for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures, regulated equipment, grading and construction activities that result in a land disturbance on private property within this jurisdiction in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada.
Nothing in the codes hereinafter adopted shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the permits in compliance with this Chapter.
15.04.010 Definitions.
For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:
"Board of appeals", "housing advisory" and "appeals board" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.
EXHIBIT A
"Building official", "administrative authority", "responsible official", "chief building inspector", "plumbing official", "mechanical official", "electrical official" and similar references to a chief administrative position mean the building official for Nevada County under contract to furnish such services to Nevada City or such other entity as the city council of Nevada City may designate, subject to the limitations on their discretion provided in Section 15.04.023.
"City", "agency" or "jurisdiction" means the City of Nevada City. "Clerk of this jurisdiction" means the city clerk. "Governing body", "legislative body", "city council", "council" or "appointing authority" means the city council of Nevada City. "Technical codes" means those codes and publications adopted by Nevada City containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment.
“County” means the County of Nevada.
15.04.015 California Codes adopted.
Subject to the modifications and amendments contained in this Chapter, the following codes and standards are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein:
A. Division II, Scope and Administration, 2022 California Building Code.
B. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 12 (California Referenced Standards Code), in whole thereof.
C. The 2022 edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 (California Building Code), incorporating the International Building Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes “C”, “H”, “I” and “J” and amendments set forth in Article 3 of this Chapter.
D. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9 (California Fire Code), incorporating the International Fire Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, save and except article 86 thereof, including appendix chapters and amendments set forth in Article 5 of this Chapter.
E. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5 (California Plumbing Code), incorporating the Uniform Plumbing Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State
EXHIBIT A
amendments, including appendix chapters and amendments set forth in Article 7 of this Chapter.
F. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4 (California Mechanical Code), incorporating the Uniform Mechanical Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 8 of this Chapter.
G. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3 (California Electrical Code), incorporating the National Electrical Code, 2017 Edition, of the National Fire Protection Association, the whole thereof with State amendments, including annex chapters and amendments set forth in Article 11 of this Chapter H. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5 (California Residential Code) incorporating the International Residential Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments, including appendixes “H”, “J”, “K”, “Q”, and “S” and amendments as set forth in Article 4 of this chapter.
I. The 2022 edition of the California Building Standards Code, known as the California Code of Regulation, Title 24, Part 11 (California Green Building Standards Code) in whole thereof, with State Amendments.
J. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6 (California Energy Code) in whole thereof, with State Amendments.
K. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 8 (California Historical Building Code) in whole thereof, with State Amendments.
L. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10 (California Existing Building Code), incorporating the International Existing Building Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments.
M. The 2021 International Property Maintenance Code, of the International Code Council.
N. The 1997 Uniform Code for the Abatement of Dangerous Buildings, of the International Conference of Building Officials.
O. The 1997 Uniform Housing Code, of the International Conference of Building Officials.
EXHIBIT A
P. International Swimming Pool and Spa Code, 2021 Edition with the amendments set forth in Article 9 of this Chapter.
15.04.020 County amendments adopted.
Subject to the modifications and amendments contained in this Title, the Nevada County amendments to the 2022 California Building Standards adopted by Nevada County on December 13, 2022 are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein. Excluded from this adoption shall be the following provisions adopted by the County by for inclusion in the Nevada County Land Use and Development Code:
A. The County amendment in section L-V 5.7 in Chapter V, Article 5 providing for fire agency appeals to the Board of Supervisors;
B. The County amendments in Chapter V, Article 11 adopting more comprehensive exemptions from grading permit requirements for landform grading for agriculture; and;
C. Any regulations regarding the construction of limited density owner-built dwellings contained in the California Code of Regulations, Title 25, Chapter 1, Article 8, which has not been adopted by the City.
15.04.023 Limit on discretion of building official.
Whenever in the building regulations it is provided that anything must be done with the approval of or subject to the direction of the Building Official, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this Chapter have been complied with, and no such provision shall be construed as giving that officer any discretionary powers as to what such regulations or standards should be where the effect would be to increase the cost or time to complete the project or the power to require conditions not prescribed by this Chapter or to enforce such rules and standards in an arbitrary or discriminatory manner. Where the work for which the building permit is issued involves the remodel, restoration, renovation or rehabilitation of an existing building or structure, the Building Official shall not review or require changes to existing conditions outside the scope of the work for which the permit is issued or required.
15.04.025 Copies of Codes and County and City amendments.
Pursuant to Nevada County Land Use and Development Code Sec. L-V 1.5, the Nevada County Building Department maintains on file copies of the Codes and Standards referred to in Section 15.04.010 of this Chapter. Copies of Nevada County Ordinance adopting the County amendments referred to in the preceding section are on file with the County of Nevada and shall be maintained at City Hall as well, together with copies of this City Ordinance.
15.04.030 Compliance with environmental health, zoning, encroachment requirements and other regulations prerequisite to a building permit.
In addition to the applicable requirements in Sec. L-V 1.7. A-D, of the Nevada County
EXHIBIT A
Land Use and Development Code, a sewer backflow prevention device is required for property located in the City. A backflow device is required upon transfer of any parcel of real property within the City limits prior to close of escrow or transfer and upon issuance of a “final” of a building permit in accordance with the City of Nevada City adopted Resolution No. 2005-12.
In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, LV 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.
15.04.031 Special rules applicable to building permits in City and Historical District.
A. In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, L-V 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.
B. By City Ordinance Nos. 338, 344, 365, 89-5 and 92-5, the City has designated a downtown Historical District deemed to be of importance to the history, architecture and culture of Nevada City and the buildings and properties therein shall be considered to be qualified historical buildings or properties for purposes of allowing alternate standards under the Historical Building Code to be applied to any work thereon, including without limitation, remodel, restoration, renovation and rehabilitation thereof.
To encourage and promote such work and assure that it is not unduly restricted or delayed, the Building Official shall provide written notice to the City whenever any building permit is requested for buildings or properties within the Historical District and shall work with the City to facilitate timely completion, inspection and approval of such work and make no changes to a City-approved permit without prior written City approval.
15.04.035 Building and Accessibility Standards Board of Appeals.
A. In order to hear and decide appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of the provisions of the technical codes or the Historical Building Code or relative to the enforcement of the California Access to Public Accommodations by Physically Disabled Persons regulations within the City, the city council may, on a case-by-case basis or for designated periods of time, 1) designate the Nevada County Building and Accessibility Standards Board of Appeals created pursuant to Section 113.1, as modified by Sec. L-V 2.1 of the Nevada County Land Use and Development Code, to act as the Nevada City Building and Accessibility Standards Board of Appeals; 2) create its own Building and Accessibility Standards Board of Appeals subject to the same regulations as a County Board with each council member appointing one member who is not an employee of the City and is qualified by experience and training to pass on the matters appealed, including, but not limited to building construction, building service equipment and grading, with each appointed
EXHIBIT A
member to serve at the pleasure of the appointing council member; or 3) proceed as provided in subsection C hereof. The Building Official making the decision appealed from may be an ex officio member and serve as secretary to the Board of Appeals but shall have no vote in the matter.
B. The option for the city council to create its own Building and Accessibility Standards Board of Appeals for decisions relating to property and buildings within the City as provided herein shall be available as an alternative to the provisions adopted by the County for appeals regarding all codes adopted herein where the county adopted provisions refer back to Section L-V 2.1 or 2.2 of the Nevada County Land Use and Development Code, whether or not specifically provided for in this Article.
C. In order to hear and decide appeals of discretionary orders, decisions or determination made by the Building Official relative to the application and interpretation of the provisions of the Historical Building Code and alternative measures allowable thereunder, the city council may, on a case-by-case basis, either proceed as provided in subsection A or designate the Nevada City Planning Commission to act on such appeals.
15.04.040 Not used.
15.04.045 Work exempt from permit; building permits (amend).
The work exempted in paragraph 1 of section 105.2 is amended to read as follows rather than as amended by Sec. L-V 2.3 of the Nevada County Land Use and Development Code:
1. One-story detached accessory buildings without electrical, mechanical or plumbing not intended for habitation, subject to the requirements of Nevada City Municipal Code Sec. 17.80.010, provided it is less than or equal to no more than 160 square feet in area and the projected roof area does not exceed 200 square feet. One structure per parcel.
15.04.050 Work exemptfrom permit;buildingpermits (add).
The work exempted in paragraph 14 of added to Section 105.2 by Sec. L-V 2.4 of the Nevada County Land Use and Development Code is amended to read as follows and that exempted in paragraph 15 added by Sec. L-V 2.5 of the Nevada County Land Use and Development Code is not adopted:
14. Detached trellis or arbor accessory to single family residential property provided it is no more than 160 square feet in area and the projected roof area does not exceed 200 square feet.
15.04.100 Savings clause.
The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations
EXHIBIT A
pertaining to this chapter, set forth by the State of California or elsewhere in the City's code.
EXHIBIT A
Chapter 15.08
FIRESAFETY STANDARDS AND CALIFORNIA FIRE CODE AMENDMENTS Sections:
15.08.005 Purpose.
15.08.010 Definitions.
15.08.015 California Fire Code and county amendments adopted.
15.08.020 Responsibility for enforcement and review.
15.08.025 Appointment of fire marshal
15.08.030 Penalties.
15.08.035 Fire Agency Appeals
15.08.040 Open burning additional restrictions
15.08.045 Auxiliary power generator
15.08.100 Savings clause
15.08.005 Purpose.
This Chapter prescribing regulations governing fire prevention is enacted to provide increased protection from fire to residents and property within the city of Nevada City in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada. It is also intended to encourage a greater degree of uniformity between the local fire department and other fire protection districts and departments in the imposition of fire safety regulations on new construction and existing buildings, while respecting the autonomy of the local fire protection districts and departments. Nothing in this Code is intended to amend the provisions regarding sprinkler systems set forth in section 8.30 of the Nevada City Municipal Code.
15.08.010 Definitions.
For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:
"Board of appeals" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.