Agenda packet, regular meeting, second session — Nevada City City Council, October 18, 2023

City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY October 18, 2023 6:30 PM

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.

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, 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] or provide your comments in writing to the Deputy City Clerk at City Hall. 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 and made available for public review prior to the City Council Meeting. When sending an email, it is extremely helpful to include the following:
• Full Name
• Address (specific or general, i.e.: 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].

MEETING PROCEDURES:

All items on agenda will be open for public comments before final action is taken. 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.

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings, members of the public:
(a) Shall limit comment time to that listed on the agenda; (b) May criticize City policies, procedures, programs and/or services or the acts or omissions of Council Members in carrying out their responsibilities as public officials, but shall refrain from disruptive behavior;
(c) Shall speak only from the podium when recognized by the Mayor, and shall address comments to the Mayor and not to staff or members of the audience; (d) Shall not approach individual Council Members while a meeting is in progress; (e) May provide written materials (10 copies recommended) to the Council during a meeting by giving the materials directly to the City Clerk.

The Mayor or presiding member of the Council has the authority to remove, or designate a person to remove, an individual for disrupting the Council meeting. Disruptive behavior is any action that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Before taking this action, the Mayor/presiding member shall warn the individual that their behavior is disruptive and that failure to cease this behavior may result in their removal. If the behavior does not promptly cease, the individual may be removed.

No warning is required to precede removal if an individual engages in behavior that is a true threat of force. A true threat of force has sufficient indicia of intent and seriousness so that a reasonable observer would perceive it to be an actual threat to use force by the person who makes the threat.

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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ Councilmember Kline
_____ Councilmember Ceci
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
Proclamation: Holy Trinity Episcopal Church 150 Year Anniversary 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 adhere to the meeting procedures identified above.

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.

Councilmembers or the City Manager may remove items from the Consent Agenda for separate discussion and action by City Council. Members of the public may request to remove items from the Consent Agenda, during Consent Agenda public comment, for separate discussion and action by the City Council, but action is required by the City Council to do so by motion, second and roll call vote. Unless the City Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on the Consent Calendar). Any item removed for separate discussion and action will be taken up following the motion to approve the Consent Agenda.

1. Action Minutes October 4, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Consideration of Public Notice of Vacancy on the Public Arts Commission and Directing the Solicitation of Applicants for the Vacancies Recommended Action: Receive and file the notice

3. Consideration of Public Notice of Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy Recommended Action: Receive and file the notice

4. Consideration of a City Investment Report for the 3rd Quarter 2023 Recommended Action: Receive and file the report

5. Consideration of Resolution 2023-47: A Resolution of the City of Nevada City Calling a General Municipal Election on March 5, 2024 for the Purpose of Electing Three Members to the City Council and Requesting the Services of the Registrar of Voters and Ordering the Consolidation of the Election
Recommended Action: Adopt the resolution
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

6. Consideration of Adoption of Resolution 2023-48: A Resolution of the City of Nevada City, California, Submitting a Special Transactions and Use Tax Measure to the Voters at the March 5, 2024 General Municipal Election and Taking Certain Related Actions; Consideration of Ordinance 2023-10: An Ordinance of the City of Nevada City, California Imposing a Special Transactions and Use Tax to Be Administered by the California Department of Tax and Fee Administration to Fund the City’s Wildfire Prevention and Mitigation Program; and Consideration of Adoption of the Nevada City Wildfire Prevention and Mitigation Plan as Developed by the Nevada City Fire Safety Advisory Committee
Recommended Action: By separate motion, second and roll call vote: 1) Adopt Resolution 2023-48; 2) Hold first reading, waive reading of Ordinance 2023-10 in its entirety, read by title only, and schedule for second reading and adoption November 8, 2023; and 3) Adopt the Nevada City Wildfire Prevention and Mitigation Plan.

7. Consideration of Award of Contract with C&D Contractors Inc. in an Amount NotTo-Exceed $170,810 for Sewer Line Trestle Bridge Repair; Authorize a Project Contingency of 10%, Not-To-Exceed $17,081; 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

8. Consideration of Resolution 2023-49: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2024 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for Letters of Advocacy
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 October 18, 2023, Regular Meeting of the Nevada City City Council was posted October 13, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed October 13, 2023, at Nevada City, California
____________________________________________________
Gabrielle Christakes, Deputy City Clerk
City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY October 18, 2023 6:30 PM

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, 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:

MEETING PROCEDURES:

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

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.

1. Action Minutes October 4, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Consideration of Public Notice of Vacancy on the Public Arts Commission and Directing the Solicitation of Applicants for the Vacancies Recommended Action: Receive and file the notice

3. Consideration of Public Notice of Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy Recommended Action: Receive and file the notice

4. Consideration of a City Investment Report for the 3rd Quarter 2023 Recommended Action: Receive and file the report

BUSINESS

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.

Signed October 13, 2023, at Nevada City, California
____________________________________________________
Gabrielle Christakes, Deputy City Clerk

PROCLAMATION
Honoring the Holy Trinity Episcopal Church 150th Anniversary WHEREAS, Holy Trinity Episcopal Church is one of Nevada City’s oldest continuously operating institutions; and
WHEREAS, Holy Trinity Episcopal Church is approaching its 150th anniversary at its current location in Nevada City; and
WHEREAS, the following are the words the Holy Trinity Episcopal Church has shared in celebration of their anniversary;
On April 21, 1854, The Right Reverend William Kip, Bishop of California, held in Nevada City the first Episcopal Church service in our county’s history. Despite a driving rainstorm, over fifty people participated, much to the Bishop’s surprise. A group of Episcopalians decided to form a congregation and a year and a day later, the Parish of the Holy Trinity was formally organized and incorporated.

Several men had come to the gold fields of Nevada City during the Gold Rush from the village of Rensselaerville, New York, including the Niles and Searles families who figure prominently in the subsequent history of Nevada City and County. The Episcopal parish in their hometown being called Holy Trinity, it seemed only natural that they should propose the same name for the church in what was then a newly settled part of America.

Nevada City at the time was a wide-open gold mining town trying to gain respectability. Disastrous fires emanating from the saloon district periodically swept the town. The first Trinity Church, having been constructed at the vast expense of $4000, was dedicated in March 1863, at the corner of Main and Church Streets. It featured a stained-glass window which had been brought around the southern tip of South America from England, and a bell which had been salvaged from a ship abandoned in San Francisco harbor in the early days of the Gold Rush. November 1863 saw yet another conflagration spread out from the saloons and boarding houses that crowded central Nevada City. The newly finished Trinity Church caught fire. The stained-glass window and bell were miraculously spared. The congregation decided that their church’s location, though centrally located in town, must be moved to avoid any more fires.

Nevada City, it is said with a certain irony, is built on seven hills like Rome, San Francisco, and Constantinople. Only a few hundred yards to the south of their previous location and across a small valley, Aristocracy Hill was never affected by Nevada City’s fires. So, in 1869 Trinity Parish’s congregation bought the site of the present church from the local school district. It had been Washington School, the first school in Nevada City, but the growing number of children, indicative of the town’s transformation into a real community as distinct from a mining camp, made a new school necessary. The site was sold to the Church, and new property was bought by the School Board across town.

Holy Trinity Church’s new location at the corner of Nevada and High Streets, before it was a school, was the first spot built on in Nevada City, Caldwell’s Upper Store. Mr. Caldwell’s store was erected there to serve the needs of the gold miners working in Deer Creek, less than a couple of hundred yards away.

Nevada City literally grew up around the site of Trinity Church, though in its earliest days the town was called “Caldwell’s Upper Store” after its main commercial enterprise.

The new New England style Holy Trinity Church was dedicated on November 4, 1873, having cost $5000 to build. The stained-glass window rescued from the earlier, destroyed edifice was triumphantly installed above the altar, and the bell was hung in the tower. Holy Trinity Church is today arguably the most beautiful and certainly the best-preserved church edifice in the county. The building is said to have been modeled on St. James’s Episcopal Church in Sonora, California, except that the tower is on the opposite side of the front.

Historically, the Church, mainly through the work of its St. Agnes Guild, supported causes in the community. Today, the Church, in collaboration with Emmanuel Church of Grass Valley, provides freshly prepared dinners for those in need of a nutritious meal. We were recognized by the Nevada City Chamber of Commerce for this ministry:
“The Community Service Award goes to Holy Trinity Episcopal Church for their unyielding dedication to community service, and to improving the lives of others in Nevada City. Holy Trinity Episcopal has been serving the hungry and unhoused for over 15 years. It was led first by Deacon Dave Ferrell, and later by several other parishioners with the help of many, many members of the church. The church itself was built almost 150 years ago.“ Trinity contributes to the Interfaith Food Ministry on a regular basis. Holy Trinity Church also supports the Rise Against Hunger organization whose mission is to end hunger in our lifetime by providing food and life-changing aid to the world’s most vulnerable. Holy Trinity funds and organizes an annual meal packaging event. In our inaugural event, Holy Trinity teamed up with local Boy Scout Troop 24 to package over 10,000 nutritious meals.

Holy Trinity Church is the official chartering organization for Nevada City’s Scouts BSA Troop 24 and provides on-going support to the Troop and to Scouts working on their Eagle Scout projects. Holy Trinity Church and Troop 24 also provide various services to the local community and work together on projects such as the global “Rise Against Hunger” program. Holy Trinity supports the work of the Kare Krisis Nursery with landscape cleanup, and assistance with various projects as needed. Each Christmas season, Holy Trinity parishioners help local families in need to celebrate Christmas by providing food and gifts during the holiday season.

NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the 150th anniversary of the Holy Trinity Episcopal Church and urges those who visit, live, work, and play in Nevada City to participate in one of the coming celebratory events.

Dated this 18th day of October 2023
______________________________________
Daniela Fernández, Mayor

1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF OCTOBER 04, 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 Fernàndez, Councilmembers Petersen, Fleming, Kline, Ceci ADOPTION OF THE AGENDA:

Action: Motion by Petersen, seconded by Ceci to adopt the Agenda for October 04, 2023 Meeting (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, 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
Proclamation: Breast Cancer Awareness Month
Proclamation: Code Enforcement Appreciation Week
Proclamation: National Fire Prevention Week
Proclamation: National Community Planning Month
CONSENT ITEMS:

1. Action Minutes September 27, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable – September 2023
Recommended Action: Receive and file the report

3. Police Activity Report September 2023
Recommended Action: Receive and file the report
2 4. Building Activity Report September 2023
Recommended Action: Receive and file the report

5. Consideration of the Special Event Street Closure Request for the Updated Nevada City Chamber of Commerce Seven Hills Event on October 28, 2023 Recommended Action: Approve and authorize the special event street closure requests per the updated submitted application

6. Consideration of a Legal Services Agreement for City Attorney Services with the Law Offices of Jones Mayer and Authorize the City Manager to Sign and Related Documents Recommended Action: Approve the agreement
Action: Motion by Kline, Seconded by Petersen, to approve items 1 through 6 on Consent (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

BUSINESS

7. Consideration of a Commercial Lease Agreement for 420 Broad Street (Historic Firehouse No. 2), Nevada City, to Nevada County Professional Firefighters IAFF Local 3800 (Local) and Authorize the City Manager to Execute the Lease
Recommended Action: Approve the lease
Action: Motion by Fleming, Seconded by Petersen, to approve Commercial Lease Agreement for 420 Broad Street (Historic Firehouse No. 2), Nevada City, to Nevada County Professional Firefighters IAFF Local 3800 (Local) and Authorize the City Manager to Execute the Lease (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

8. Discussion on a Potential Tax to Fund the Needs Identified in a Comprehensive Citywide Wildfire Risk Reduction Action Plan
Recommended Action: Provide direction on a potential tax Action: Direction provided

9. Consideration of Approval of Grant Writing Services Request for Proposal (RFP) Award to California Consulting Inc. and Authorize the City Manager to Negotiate Final Rates and Execute any Related Documents
Recommended Action: Approve the contract award and authorize the City Manager to negotiate rates and execute any related documents.

Action: Motion by Fleming, Seconded by Ceci, to award Grant Writing Services to California Consulting Inc. and Authorize the City Manager to Negotiate Final Rates and Execute any Related Documents
(Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:42 PM
3 AYES: FERNÂNDEZ, PETERSEN, FLEMING, KLINE, CECI
NOES:

ABSTAIN:

ABSENT:
____________________________
Daniela Fernàndez, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 02
Subject: Consideration of Public Notice of Vacancy on the Public Arts Commission and Directing the Solicitation of Applicants for the Vacancies.

From: Sean Grayson, City Manager
Date: September 18, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file the notice.

ISSUE STATEMENT AND DISCUSSION:

On September 27, 2023, at the regular City Council meeting, the City Council adopted Ordinance 2023-09 to add a section of the municipal code relating to the establishment of a Public Arts Commission. In establishing the commission seven (7) total commissioner vacancies have been created including:
• One (1) representative of the Nevada County Historical Society. • One (1) representative of the Nevada County Arts Council. • One (1) representative of the Nevada City Chamber of Commerce. • One (1) representative of the Nisenan Tribe.
• One (1) youth commissioner at least 16 years of age and not older than 18 years of age at the time of appointment.
• Two (2) artists in residence or those persons who have demonstrated a strong commitment to the arts through individual patronage, education, or professional experience or knowledge of a particular arts and culture field.

The term is four (4) years from appointment except for the youth commissioner which is two (2) years from appointment. All commissioners serve at the pleasure of the City Council who may alter the terms of appointment. Appointment is anticipated for all vacancies at the regular City Council meeting on December 14, 2023. Applicants must be residents of Nevada County and may not hold any paid office or employment in the city government.

The attached Notice of Vacancy has been posted at City Hall and online and includes the process for applying for vacancies and contact information for the Deputy City Clerk.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, & Distinction. Specifically, this action addresses, in part, Goal #6 of the vibrancy strategic initiative, “Evaluate the timing, formation, and mission of a Nevada City Arts Commission”. This action is also 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:

Ordinance 2023-09
Notice of Vacancy
ORDINANCE NO. 2023-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 2.38 (“PUBLIC ARTS COMMISSION”) TO TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE CITY OF NEVADA

CITY MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A PUBLIC

ARTS COMMISSION
WHEREAS, the City Council has determined that:
• Public art is a critical element in providing for a diverse and culturally rich environment for Nevada City residents and visitors; and
• Public art fosters economic development and activity and promotes cultural tourism by enlivening the public areas of buildings and expressing the vitality and heritage of the community; and
• The adoption of an ordinance establishing a Public Arts Commission allows an additional layer of engagement between the City and the community for the purposes of public arts support and advocacy; and
• A well-conceived work of art can increase the value of a development project; and • Public art may enhance the revitalization efforts within the 7-Hills District and other portions of the City as the overall image, beauty, and livability of the community are enhanced; and
WHEREAS, the City Council desires to establish and maintain a Public Arts Commission in the City of Nevada City as outlined in an ordinance adopted for that purpose; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations;

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

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. Chapter 2.38 is hereby added to the Nevada City Municipal Code, to read as follows:

Chapter 2.38 PUBLIC ARTS COMMISSION

2.38.010 Creation—Establishment.

The public arts commission is established as set out in this chapter and shall be governed by the rules and regulations set out in this chapter.

2.38.020 Membership.

The public arts commission shall consist of seven (7) members who reside in Nevada County, are appointed by the city council and serve at the council's pleasure, and do not hold any paid office or employment in the city government.

Four members shall represent external stakeholder groups including:

A. One (1) representative of a local historical society or similar group.

B. One (1) representative of a local arts council or similar group.

C. One (1) representative of a local chamber of commerce or similar group.

D. One (1) representative of the Nisenan Tribe.

E. Three members shall be at-large representatives, including:

F. One (1) youth commissioner at least 16 years of age and not older than 18 years of age at the time of appointment.

G. Two (2) artists in residence or those persons who have demonstrated a strong commitment to the arts through individual patronage, education, or professional experience or knowledge of a particular arts and culture field.

2.38.030 Term of office.

A. Public arts commissioners serve at the will and pleasure of the city council.

B. Members of the public arts commission, with the exception of the youth commissioner, shall serve four-year terms and until their successor is appointed. The youth commissioner shall serve a two-year term that may be extended by an additional two-year term.

C. Public arts commissioners’ term of office may be modified by majority vote of a quorum of the city council.

2.38.040 Removal from office.

Any public arts commissioner may be removed by a majority vote of the entire council.

2.38.050 Filling of vacancies.

In the event that a public arts commissioner resigns, is removed or otherwise ceases to act as a public arts commissioner, that vacancy shall be filled in a manner as established by the city council standards and procedures or otherwise adopted by resolution of the city council.

2.38.060 Organization.

The commission shall elect a chairperson and vice-chairperson from among the appointed members.
3 2.38.070 Meetings.

A. All meetings of the commission shall be held in compliance with the Ralph M. Brown Act.

B. The public arts commission shall schedule at least one regular meeting in each month based upon the annual calendar of meetings for the city or such other time as approved by the city council.

C. A quorum shall be a majority of the commission. No action of the commission shall be valid without the affirmative vote of at least a quorum of members.

D. All meetings of the commission shall be conducted in accordance with the Rosenberg’s Rules of Order or as otherwise provided for by city ordinance or the city council's rules and regulations.

E. The commission shall keep a record, which shall be available for public inspection, of all of its meetings, proceedings, and other actions.

F. Special meetings of the commission may be called by the chair or upon the request of the city council acting through either the mayor or the city manager. Notice of a special meeting shall be given in accordance with the Ralph M. Brown Act.

2.38.090 Functions.

The public arts commission shall have the following functions:

A. Serve as the Art Review Authority as defined by the city’s Public Art Requirements, Chapter 17.118 of this code.

B. Advise the city council and city manager on all matters affecting arts in the city.

C. Advise and assist private property owners who desire such advice and assistance regarding the selection and installation of artwork to be located on their private property in the public view.

D. Upon request, to advise the city council and other commissions, or committees regarding any matter affecting the beauty and culture of the city.

E. Liaise with internal and external stakeholders to facilitate communication and cooperation among the various groups involved arts and culture with the city, county and region.

F. Conduct hearings on items related to art upon referral from the city council or city manager.

SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and 4 the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.

SECTION 4. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.

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.

Introduced at a regular meeting of the City Council on the 13th day of September 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

Passed and approved at the regular meeting of the City Council on the 27th day of September 2023, by the following roll call vote:

MOTION:

AYES:

NOES:
5 ABSENT:

ABSTAINED:
__________________________
Daniela Fernández, Mayor
ATTEST:
_____________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney

PUBLIC NOTICE OF VACANCY

PUBLIC ARTS COMMISSION
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that the following vacancies existing on the PUBLIC ARTS COMMISSION. • One (1) representative of the Nevada County Historical Society. • One (1) representative of the Nevada County Arts Council. • One (1) representative of the Nevada City Chamber of Commerce. • One (1) representative of the Nisenan Tribe.
• One (1) youth commissioner at least 16 years of age and not older than 18 years of age at the time of appointment.
• Two (2) artists in residence or those persons who have demonstrated a strong commitment to the arts through individual patronage, education, or professional experience or knowledge of a particular arts and culture field.

All of the vacancies exist due to the new formation of the Public Arts Commission upon adoption of City of Nevada City Ordinance 2023-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 2.38 (“PUBLIC ARTS COMMISSION”) TO TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF A PUBLIC ARTS COMMISSION. For additional information regarding the appointment to the Commission vacancies please contact the Deputy City Clerk (530) 265-2496 x 133 or [email protected].

To be considered for these vacancies, please complete a Committee Application and submit to the Deputy City Clerk. The application is available City Hall 317 Broad Street Nevada City, CA 95959 or online at
https://www.nevadacityca.gov/files/documents/CommitteeCommissionApplication1332071648091621 PM.pdf
This NOTICE was posted on October 13, 2023, which is no later than twenty (20) days after the vacancy occurred as required by law. Final appointment to the Commission shall not be made by the City Council for at least ten (10) working days after posting this notice in the City Clerk’s Office. ______________________________________
Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 03
Subject: Consideration of Public Notice of Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy.

From: Sean Grayson, City Manager
Date: September 18, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file the notice.

ISSUE STATEMENT AND DISCUSSION:

On October 4, 2023 the City received the resignation of Sam Gitchel from the Nevada City Fire Safety Advisory Committee. Mr. Gitchel was a City Council appointed member of the committee serving a term ending July 31, 2024.

The attached Notice of Vacancy has been posted at City Hall and online and includes the process for applying for vacancies and contact information for the Deputy City Clerk.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Fire: Wildfire and structural fire prevention, mitigation, and education. This action is also 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:

Notice of Vacancy

NOTICE OF UNSCHEDULE COMMITTEE VACANCY

FIRE SAFETY ADVISORY COMMITTEE
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that one (1) unscheduled vacancy has occurred on the FIRE SAFETY ADVISORY COMMITEE. The term period is through July 31, 2024. Applicants must be residents of the City of Nevada City. The committee scope, as established by the City Council of the City of Nevada City is, “To promote public fire safety and community involvement to protect Nevada City residents, business owners, visitors, and structures from wildfire. Establish objectives to support overall vegetation management and wildfire mitigation, identify funding sources, and promote public education and awareness”.

Additional information can regarding the appointment to City committees can be found at https://www.nevadacityca.gov/files/documents/NevadaCityCouncilStandardsandProcedures-Updated3- 9-221338113805081522AM.pdf
or by contacting the Deputy City Clerk (530) 265-2496 x 133 or [email protected].

To be considered for this vacancy, please complete a Committee Application and submit to the Deputy City Clerk. The application is available City Hall 317 Broad Street Nevada City, CA 95959 or online at https://www.nevadacityca.gov/files/documents/CommitteeCommissionApplication1332071648091621 PM.pdf
This NOTICE was duly posted no later than twenty (20) days after the vacancy occurred as required by law. Final appointment to the Committee shall not be made by the City Council for at least ten (10) working days after posting this notice in the City Clerk’s Office.

Dated this 13th day of October 2023
______________________________________
Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 04
Subject: Consideration of a City Investment Report for the 3rd Quarter 2023.

From: Stephen Erlandson, Interim Assistant City Manager Date: October 13, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The City Investment Policy requires the City Manager to submit a quarterly cash and investment report to the City Council that contains a summary of investment transactions including investment types, percent of portfolio, yield, purchase date, maturity date, issuer or institution, par and dollar amount invested, market value, source of market valuation, and the portfolio’s average weighted yield and maturity.

The quarterly cash and investment report provides a summary of the cash and investment accounts held by the City for the quarter ended September 30, 2023. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a number of accounts and securities.

The balance in the pooled cash account includes cash and liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.

Time Value Investments, Inc. (TVI) manages and makes recommendations for $1,242,633.97 (market value) of the City’s investment portfolio. City staff directly manages the LAIF pooled investment of $536,461.61 and all of the City’s Tri Counties checking accounts.

Detailed information regarding the securities contained in the City’s investment portfolio is provided in the City’s Investment Report (Attachment).

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no fiscal impact as a result of this action.

STRATEGIC PLAN ALIGNMENT:

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:
 Investment Report for the Quarter Ended September 30, 2023

CITY OF NEVADA CITY

INVESTMENT REPORT
as of
September 30, 2023
Sean Grayson

CITY MANAGER
Stephen Erlandson

ASSISTANT CITY MANAGER
October 18, 2023

CITY OF NEVADA CITY

INVESTMENT REPORT

TABLE OF CONTENTS
Statement of Compliance/Non-Compliance 1
Report of Cash and Investments 2
LAIF Investment Reports 4
Time Value Investments Statement 7
City of Nevada City
Statement of Compliance/Non-Compliance
with the City’s Investment Policy
The undersigned officers of the City of Nevada City hereby certify that:

As of September 30, 2023, the City of Nevada investment report includes all cash and investments of the City and is in conformance with all State laws and in compliance with the Investment Policy adopted at the January 25, 2023 Regular City Council Meeting. At the time of the report, there is sufficient liquidity from cash, cash equivalents, and anticipated revenues available to meet the City’s budgeted expenditure requirements for the next six months.

Sean Grayson Stephen Erlandson
City Manager Interim Assistant City Manager
Description
Settlement
Date
Maturity
Date
Shares/
Par Value
Coupon
Rate Yield Cost
Percent of
Portfolio
Market *
Value
Cash in Bank
Petty Cash $ 1,300.00 $ 1,300.00
Tri Counties Bank General Checking 1,825,973.08 1,825,973.08 Tri Counties Bank Core Cannabis Checking 3,031,921.75 3,031,921.75 Tri Counties Bank Fire Checking - -
Time Value Investments Money Market 9,341.35 9,341.35
Total - Cash in Bank $ 4,868,536.18 72.78% $ 4,868,536.18 Pooled Investments
Local Agency Investment Fund 3.534% $ 536,461.61 $ 536,461.61 Total - Pooled Investments $ 536,461.61 8.02% $ 536,461.61 Certificates of Deposit
American Express National Bank- 02589AC67 4/13/22 4/14/25 $ 246,000.00 2.600% 2.720% $ 246,000.00 $ 235,116.96 Capital One Bank - 14042TFJ1 4/13/22 4/13/27 246,000.00 2.700% 2.940% 246,000.00 225,488.52 Comenity Capital Bank - 20033A2Z8 4/14/22 4/14/26 249,000.00 2.600% 2.800% 249,000.00 232,033.14 Total - Certificates of Deposit $ 741,000.00 $ 741,000.00 11.08% $ 692,638.62 US Treasury Notes
9128286R6 4/30/19 4/30/24 $ 250,000.00 2.250% 2.290% $ 242,147.50 $ 245,400.00 Total - US Treasury Notes $ 250,000.00 $ 242,147.50 3.62% $ 245,400.00 Agencies:

Federal Farm Credit Bank (FFCB)
3133EPHE8 4/28/23 4/28/25 $ 300,000.00 4.250% 4.310% $ 301,698.65 $ 295,254.00 Total - Federal Farm Credit Bank (FFCB) $ 300,000.00 $ 301,698.65 4.51% $ 295,254.00 $ 1,291,000.00 $ 1,284,846.15 19.21% $ 1,233,292.62
$ 1,821,307.76 $ 1,769,754.23
$ 6,689,843.94 100.00% $ 6,638,290.41
802 Days
566 Days

2.98%

3.15%
Average weighted maturity of investements, excluding investment pools Average weighted maturity of investements, including investment pools Average weighted yield of investements, excluding investment pools Average weighted yield of investements, including investment pools Total City Cash and Investments
City of Nevada City
Report of Cash and Investments
for the Quarter Ended September 30, 2023
Total City Investments, Excluding Pooled Investments
Total City Investments, Including Pooled Investments
NOTE: Market value disclosure is for informational purposes only. City policy is to hold all investments until maturity; therefore, any unrealized gain or loss reflected between the cost and market value of an investment will not be realized. * Market Value of City investments provided by Time Value Investments (see attached statement).

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Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills 22,254,070,554.26 $ 22,573,811,770.05 $ 22,564,630,000.00 $ NA Notes 75,736,882,320.52 $ 75,726,070,719.47 $ 73,914,693,500.00 $ 356,275,509.00 $ Federal Agency:

SBA 289,931,607.50 $ $ 289,931,607.50 $ 289,283,255.27 $ 1,343,664.44 MBS-REMICs $ 2,444,395.28 $ 2,444,395.28 $ 2,377,611.11 $ 10,790.37 Debentures $ 8,932,358,628.46 $ 8,931,933,628.45 $ 8,757,401,100.00 $ 56,448,847.70 Debentures FR $ - $ - $ - $ -
Debentures CL $ 800,000,000.00 $ 800,000,000.00 $ 778,527,500.00 $ 6,377,986.50 Discount Notes $ 19,299,127,548.54 $ 19,592,303,562.55 $ 19,597,035,000.00 NA Supranational Debentures $ 3,069,440,886.57 $ 3,069,197,136.57 $ 3,000,342,800.00 $ 21,753,731.10 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 100,000,000.00 $ 100,000,000.00 $ 99,998,636.29 $ 3,441,666.67 CDs and YCDs $ 10,900,000,000.00 $ 10,900,000,000.00 $ 10,895,339,264.35 $ 125,772,666.67 Commercial Paper $ 6,278,680,305.56 $ 6,336,423,069.39 $ 6,333,243,472.32 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 438,461,769.11 $ 438,392,491.33 $ 413,769,970.00 $ 2,753,541.98 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,243,000,000.00 $ 5,243,000,000.00 $ 5,243,000,000.00 NA PMIA & GF Loans $ 380,513,000.00 $ 380,513,000.00 $ 380,513,000.00 NA TOTAL $ 153,724,911,015.80 $ 154,384,021,380.59 $ 152,270,155,109.34 $ 574,178,404.43 Fair Value Including Accrued Interest $ 152,844,333,513.77 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

The value of each participating dollar equals the fair value divided by the amortized cost (0.986307739).

As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,726,154.79 or $20,000,000.00 x 0.986307739.

State of California
Pooled Money Investment Account
Market Valuation
9/30/2023

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CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 05
Subject: Consideration of Resolution 2023-47: A Resolution of the City of Nevada City Calling a General
Municipal Election on March 5, 2024 for the Purpose of
Electing Three Members to the City Council and Requesting the Services of the Registrar of Voters and Ordering the Consolidation of the Election.

From: Gabrielle Christakes, Deputy City Clerk
Date: October 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

An election will be held within the City of Nevada City on Tuesday, March 5, 2024 for the purpose of electing three (3) members to the City Council. The City requests the governing body of the County of Nevada, as prescribed by Election Code Section 10402 and 10403 to consolidate the regularly scheduled municipal election with any other elections to be held on March 5, 2024.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The City agrees to reimburse the County of Nevada for the prorated share of the costs of the election which is approximately $4,000.

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:

Resolution 2023-47
Notice of District Election
RESOLUTION 2023-47

A RESOLUTION OF THE CITY OF NEVADA CITY
CALLING A GENERAL MUNICIPAL ELECTION ON MARCH 5, 2024

FOR THE PURPOSE OF ELECTING THREE MEMBERS TO THE

CITY COUNCIL AND REQUESTING THE SERVICES OF THE REGISTRAR

OF VOTERS, AND ORDERING THE CONSOLIDATION OF THE ELECTION WHEREAS, Section 2.40.010 of the Nevada City Municipal Code provides that the City’s general municipal elections occur on the first Tuesday after the first Monday in March of each even-numbered year; and
WHEREAS, the next such election date occurs on March 5, 2024; and WHEREAS, the terms of three of the members of the City Council are expiring and these three seats will need to be filled at the next general municipal election; and WHEREAS, a statewide election, to be administered by the Nevada County elections office, will also be held on March 5, 2024; and WHEREAS, Elections Code Sec. 10400 et seq. permits the consolidation of a municipal election with an election administered by the County; and WHEREAS, the City Council desires to call its general municipal election, consolidate that election with other elections being administered by Nevada County on the same date, and request the assistance of the Nevada County elections official in the conduct of the general municipal election;

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

SECTION 1. Recitals. The above recitals are true and correct and are a substantial part of this resolution.

SECTION 2. Call of Election. A general municipal election is called for the City of Nevada City to be held on Tuesday, March 5, 2024 for the purpose of electing three (3) council members for full terms (four years).

SECTION 3. Consolidation. The City Council requests that the general municipal election be consolidated with the statewide election to be held on that same date and consents to such consolidation. The City Council acknowledges that the election will be held and conducted according to procedures in the Elections Code, including Section 10418.

SECTION 4. County Services. Pursuant to Elections Code Section 10002, the Nevada County Board of Supervisors is requested to permit the County elections office to render all services relating to the election that are specified by Elections Code Section 10418, or otherwise customarily provided in connection with a consolidated general municipal election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

SECTION 5. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

SECTION 6. Transmittal. The City Clerk shall file a certified copy of this Resolution with the Board of Supervisors and the County elections office.

SECTION 7. Authorization. The City Clerk is authorized to take all actions necessary for the conduct and consolidation of the general municipal election.

SECTION 8. Certification. The City Clerk shall certify to the passage and adoption hereof.

PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 18th day of October 2023 by the following vote.

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Daniela Fernández, Mayor
ATTEST:
________________________________
Niel Locke, City Clerk

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3 Councilmember Daniela Fernandez Regular
Councilmember Gary Petersen Regular
Councilmember Doug Fleming Regular

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution 2023-48: A Resolution of the City of Nevada City, California, Submitting a Special Transactions and Use Tax Measure to the Voters at the March 5, 2024 General Municipal Election and Taking Certain Related Actions; Consideration of Ordinance 2023-10: An Ordinance of the City of Nevada City, California Imposing a Special Transactions and Use Tax to Be Administered by the California Department of Tax and Fee Administration to Fund the City’s Wildfire Prevention and Mitigation Program; and Consideration of Adoption of the Nevada City Wildfire
Prevention and Mitigation Plan as Developed by the Nevada City Fire Safety Advisory Committee.

From: Sean Grayson, City Manager
Date: October 12, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: By separate motion, second and roll call vote: 1) Adopt Resolution 2023-48; 2) Hold first reading, waive reading of Ordinance 2023-10 in its entirety, read by title only, and schedule for second reading and adoption November 8, 2023; and 3) Adopt the Nevada City Wildfire Prevention and Mitigation Plan.

ISSUE STATEMENT AND DISCUSSION:

On October 4, 2023, the Nevada City City Council provided direction to staff to prepare the required documents for the City Council to consider the placement of a sales tax measure for a Wildfire Prevention and Mitigation Program on the March 2024 ballot. The presentation provided by staff at the meeting is attached. The City Council directed that the items return to the October 18, 2023, City Council meeting with a recommendation from the Fire Safety Advisory Committee on an action plan for the program.

The City’s Fire Safety Advisory Committee met on October 12, 2023, and reviewed and updated the attached Wildfire plan for the City Council’s consideration the City Council approve the attached Wildfire Prevention and Mitigation Plan and consider funding the plan through the proposed sales tax measure. The Action Plan includes proposed areas of work, actions and timelines and is based on the previous work and recommendations of the committee which includes support for actions related to public safety, vegetation management / fuels mitigation, and community education and outreach.

A draft list of actionable items and their annual expense related to a draft program implementation is provided below.

Actionable Item Cost
City property defensible space and fuels maintenance $450,000 Roadside hardening $50,000
Evacuation route planning, maintenance, and signage $20,000 Emergency siren installation and maintenance $15,000
Education and outreach $150,000
Firewise Community microgrants $50,000
Curbside green waste program $50,000
Home hardening grants $100,000
Maintenance of Plans (CWPP, Action Plan, Urban Forestry) $50,000 Grant writing and grant matching $100,000
Creation and maintenance of temporary refuge areas $10,000 Functional evacuation exercises $5,000
Private property partnership project grants $100,000
Total $1,150,000
The city has already budgeted for a new Community Risk Reduction and Outreach Officer to oversee the program and its implementation at an annual cost of $150,000 for the position, vehicle, and related work expenses. Additionally, the city has secured $100,000 a year for five years to provide for a wildfire fuels mitigation equipment operator through a Proposition 64 grant. Removing the combined $250,000 annual investment already accounted for by the City, the net annual need to fund the program is $900,000.

The City has an existing Public Safety Tax (Measure M) that ensures the City’s fire station is staffed under contract year-round. Using Measure M and general fund monies Nevada City enjoys the presence of three fire stations staffed year-round within the City limits: Nevada City Fire Station #5 on Providence Mine Road, Nevada County Consolidated Fire Station 84 on Coyote Street, and CALFIRE station 20 on Ridge Road. All three stations are dispatched from the same location and can and do respond to calls within the City based upon a closed resource agreement among the agencies. The consolidated Battalion Chief (shift commander) and Grass Valley Fire Department Battalion Chief are also both stationed in Nevada City.

Given the high level of staffing provided through the existing public safety tax, there are no new responders included in the funding summary above.

Tax Considerations
The proposed tax is a 0.5% special sales tax (requiring a 2/3 voter approval) tax anticipated to generate $900,000 in annual revenue. The proposed tax has a five-year sunset and an oversight committee. The specific uses of the tax include:

Activities and services designed to prevent wildfires and mitigate wildfire risks, such as: (i) reducing flammable vegetation throughout the City, (ii) designating, improving, maintaining and expanding emergency evacuation routes and refuge areas, and conducting evacuation training, (iii) providing education, outreach, grant funding, and community training on wildfire prevention and building/home hardening, (iv) developing and implementing enhanced community-oriented defensible space inspection practices, (v) establishing and maintaining emergency communications and early warning systems, and (vi) seeking outside grants for the above.”
Tax Measure Description
“Exclusively to fund a locally controlled Wildfire Prevention and Mitigation Program that includes the reduction of flammable vegetation throughout Nevada City; the improvement and maintenance of emergency communications/early warning systems, evacuation routes, and temporary refuge areas; the implementation of community oriented defensible space practices; and other activities and services; shall the measure adding a 0.5% Nevada City sales tax, providing approximately $900,000 annually over a five year period, monitored by a Citizen’s Oversight Committee, be adopted?” Process
Adoption of the resolution submits the tax measure and ordinance, which is an appendix to the resolution, to the voters on the March 5, 2024, election ballot. In order for the tax to go into effect, the ordinance must both be (1) adopted directly by the City Council (by a two-thirds vote of all its members) under the City Council’s power to adopt ordinances and (2) adopted by the voters. The ordinance should be introduced for first reading at the October 18, 2023, City Council meeting and adopted at the November 8, 2023 City Council meeting. If the tax receives a 2/3 or greater vote it will go into effect the 10th day following adoption by the voters.

Adoption of the Nevada City Wildfire Prevention and Mitigation Plan will allow the Fire Safety Advisory Committee to continue to work to develop implementation planning for related activities using a City Council adopted document.

Activities Prior to March 2024
Upon adoption of the action plan by the City Council, it will be referred back to the Fire Safety Advisory Committee to make recommendations and provide input toward timely implementation of the plan and to coordinate efforts should the ballot measure pass in March of 2024. The City anticipates hiring the grant funded wildfire fuels mitigation equipment operator position by the end of November 2023. The position will be responsible for beginning the process of roadside fuels abatement and slivers abatement given existing funding. Similarly, the city anticipates hiring the budget approved Community Risk Reduction and Outreach Officer position by the end of January 2024. The position will be responsible for, among other things, coordinating with the Fire Safety Advisory Committee to transition the Action Plan into implementation. The city is currently engaging a consultant to develop the first steps toward a Nevada City specific Community Wildfire Specific Plan (CWPP) in spring of 2024.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None with this action. The actual funding amount of a potential tax would be based upon the rate and return on a quarterly basis should the tax measure be placed on the ballot and approved by the voters. Adoption of the resolution will incur a future cost to the city payable to the County of Nevada related to the City’s share of the election cost.

STRATEGIC PLAN ALIGNMENT:

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 2023-48
Ordinance 2023-10
Action Plan from FSAC
Presentation on Potential Tax from October 4, 2023
RESOLUTION 2023-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA

CITY, CALIFORNIA, SUBMITTING A SPECIAL TRANSACTIONS AND USE TAX MEASURE TO THE VOTERS AT THE MARCH 5, 2024

GENERAL MUNICIPAL ELECTION AND TAKING CERTAIN RELATED

ACTIONS
WHEREAS, the establishment of a Wildfire Prevention and Mitigation Program (the “Wildfire Program”) would benefit the health, safety and welfare of the people of Nevada City; and
WHEREAS, to create the most effective possible Wildfire Program, it is desirable to establish a dedicated source of funding that can be used only for Wildfire Program costs; and WHEREAS, Revenue & Taxation Code Section 7285.91 authorizes the City Council to levy a transactions and use tax for specific purposes if the ordinance proposing that tax is approved by a two-thirds vote of all members of the City Council and the tax is subsequently approved by a two-thirds vote of the qualified voters of the city voting in an election on the issue; and
WHEREAS, the City’s General Municipal Election (the “Election”) has been called for March 5, 2024; and
WHEREAS, The City Council desires to submit to the voters at the Election an ordinance that would create a transactions and use tax to fund the Wildfire Program.

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

SECTION 1. The above recitals are true and correct and are a substantial part of this resolution.

SECTION 2. The City Council hereby orders, pursuant to Section 9222 of the Elections Code, that the ordinance attached hereto as Exhibit “A” and incorporated herein by reference (the “Ordinance”) be submitted to the voters at the Election. Adoption of the Ordinance requires a two-thirds vote of the qualified voters of the city voting in an election on the issue.

SECTION 3. The question submitted shall appear on the ballot as follows:

Resolution No. 2023-48 Page 2 of 3
Exclusively to fund a locally controlled Wildfire Prevention and Mitigation Program that includes the reduction of flammable vegetation throughout Nevada City; the improvement and
maintenance of emergency communications/early warning systems, evacuation routes, and temporary refuge areas; the implementation of community oriented defensible space practices; and other activities and services; shall the measure adding a 0.5% Nevada City sales tax, providing approximately $900,000 annually over a five year period, monitored by a Citizen’s Oversight Committee, be adopted?
YES
NO
SECTION 4. The City Clerk is instructed to transmit the Ordinance to the City Attorney along with a request that an impartial analysis be prepared pursuant to Elections Code Section 9280.

SECTION 5. In all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. Notice of the time and place of holding of the Election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.

SECTION 7. Pursuant to Section 10400 et seq. of the Elections Code, the Board of Supervisors of Nevada County is requested to consolidate the election on this ballot measure with other elections held on the same day in the County.

SECTION 8. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

SECTION 9. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County elections office to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

SECTION 10. Rebuttal arguments will be accepted for this measure, and the City Council reiterates its adoption of the provisions of Section 9285 of the Elections Code regarding rebuttals.

SECTION 11. The City Clerk shall file a certified copy of this Resolution with the Board of Supervisors and the County elections office.

SECTION 12. The City Clerk shall certify to the passage and adoption hereof.

PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 18th day of October 2023 by the following vote.

Resolution No. 2023-48 Page 3 of 3
AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daniela Fernández, Mayor
ATTEST:
________________________________
Niel Locke, City Clerk
1 ORDINANCE NO. 2023-10

AN ORDINANCE OF THE CITY OF NEVADA CITY, CALIFORNIA

IMPOSING A SPECIAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY

THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION TO FUND THE CITY’S WILDFIRE PREVENTION AND MITIGATION PROGRAM

THE PEOPLE AND CITY COUNCIL OF THE CITY OF NEVADA CITY DO ORDAIN AS FOLLOWS:

Section 1. Chapter 3.56 is added to Title 3 (Revenue & Finance) of the Nevada City Municipal Code to read as follows:

Chapter 3.56 Wildfire Prevention and Mitigation Special Transactions and Use Tax

3.56.010 Short Title
This ordinance shall be known as the Nevada City Wildfire Prevention and Mitigation Special Transactions and Use Tax Ordinance of 2024. The City of Nevada City hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

3.56.020 Operative Date
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

3.56.030 Purpose
This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.91 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if two-thirds of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
2 D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

3.56.040 Contract with State
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.56.050 Transactions Tax Rate
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.56.060 Place of Sale
For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.56.070 Use Tax Rate
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.5% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.56.080 Adoption of Provisions of State Law
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions 3 of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.56.090 Limitations on Adoption of State Law and Collection of Use Taxes In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.56.100 Permit Not Required
4 If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

3.56.110 Exemptions and Exclusions
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 5 C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
6 3.56.120 Amendments
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.56.130 Enjoining Collection Forbidden
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.56.140 Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

3.56.150 Creation of Wildfire Risk Mitigation Program
There is hereby created a Wildfire Prevention and Mitigation Program for the City of Nevada City. Said program shall comprise the following:

In any given year, the City Council shall have the authority to allocate the budget for the Wildfire Risk Mitigation Program amongst these activities, and the City need not engage in every authorized activity in every year. Unless otherwise provided by the City Council, the Wildfire Risk Mitigation Program shall terminate as a separate program of the City upon the final expenditure of the funds raised by the tax levied pursuant to this chapter.

3.56.160 Use of Proceeds and Plan for Expenditure
Proceeds of the taxes imposed by this chapter shall be deposited in a special account and shall be expended only for the Wildfire Prevention and Mitigation Program specifically described in Section 3.56.160.
7 3.56.170 Annual Report
The Finance Director shall, at least annually, file a report with the City Council stating both: (i) the amount of funds collected and expended, and (ii) the status of any expenditure authorized pursuant to Section 3.54.160 of this chapter. The annual report may be combined with any other financial report prepared by the City.

3.56.180 Oversight Committee
A. A Citizen’s Oversight Committee shall review the annual report required by Section 3.56.170 of this chapter and may make such recommendations to the City Council as it deems necessary or useful. The Committee may, by a majority vote of its membership, choose to publish a report, in which event such report, if approved by a majority of the members, shall be published on the City's internet page.

B. The Citizen’s Oversight Committee established pursuant to Section 3.54.170 of this Code shall serve as the Citizen’s Oversight Committee described in subdivision (A) of this section.

C. In the event the Citizen’s Oversight Committee established pursuant to Section

3.54.170 of this Code ceases to exist, the City Council shall establish a Citizen's Oversight Committee pursuant to this subdivision to perform the functions set forth in subdivision (A) of this section. The terms, composition, and specific duties of such Committee shall be established by resolution of the City Council; however, all members of the Committee shall be residents of the City. Members of the Citizen's Oversight Committee shall be appointed by the City Council, and any member may be removed from the Committee prior to the end of his or her term by a two-thirds vote of the Council. All meetings of the Committee shall comply with the provisions of the Ralph M. Brown Act (Gov't Code Section 54950, et seq.).

D. In the event the City Council, the Citizen's Oversight Committee, the City, any employee of the City, or any member of the City Council or the Citizen's Oversight Committee fails to take an action required by this Section, any court of competent jurisdiction may order that the action be taken. However, such failure to act shall not invalidate the City's authority to levy any tax or in any way affect the ongoing collection of any tax pursuant to this Chapter.

5.56.190 Termination
The taxes imposed by this Chapter shall terminate five years after the operative date established pursuant to Section 3.56.020 of this Chapter. For example, if the operative date of the taxes is October 1, 2024, then the final date the taxes shall be in effect is September 30, 2029.

Section 2. This Ordinance shall be effective only if approved by approved by a two-thirds vote of the qualified voters of the city voting on the ordinance at the March 5, 2024, general municipal election. If so approved, it shall become effective as of the 10th day following its adoption by the voters. The taxes imposed by this Ordinance shall be effective as of the dates set forth in Section 1.
8 INTRODUCED BY THE CITY COUNCIL ON OCTOBER 18, 2023 AND PASSED,

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF NEVADA CITY this 8th day of NOVEMBER 2023 BY THE FOLLOWING VOTE.

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Daniela Fernández, Mayor
ATTEST:
________________________________
Niel Locke, City Clerk
ADOPTED BY THE VOTERS OF THE CITY OF NEVADA CITY AT THE MARCH 5, 2024, MUNICIPAL GENERAL ELECTION.
________________________________
Daniela Fernández, Mayor
ATTEST:
________________________________
Niel Locke, City Clerk

NEVADA CITY

WILDFIRE PREVENTION

AND MITIGATION PLAN

CONSIDERATIONS FOR POTENTIAL TAX FUNDING
OCTOBER 4, 2023

THE EXISTENTIAL THREAT / NEED
“Fearful of being the next paradise….” San Francisco Chronicle “Living under a time bomb….” The Washington Post
“They could be the next Paradise…” CBS News KPIX 5

EXISTING PLANS
“A wildfire that directly impacts Nevada City could impact up to 100% of all critical structures and has the potential to cost the residents of Nevada City the most financially and in loss of life.”
-Nevada City Local Hazard Mitigation Plan (LHMP)
The entire City most of the General Plan area is located within a Very High Fire Hazard Severity Zone and most of the areas surrounding the City are also in this zone (refer to Figure 10). One of the biggest safety concerns of the City is the large amount of fuel load located within the unincorporated lands surrounding the City. Wildfires can start in these areas and can spread to the City and can potentially become a catastrophic fire. During wildfire season, this becomes a major challenge to address when wind, temperature and humidity can combine to enlarge fires very quickly. Also, many roadways in the City are single-lane, some private that are not City-maintained which result in restrictive access with constrained evacuation capacity.”
-Climate Adaptation and Public Safety Element (CAPSE)
THE COMMUNITY’S INPUT & HISTORY
Most commonly referred to WEAKNESS: fire prevention and safety Most common referred to THREAT: Fire
-Nevada City Strategic Planning Process
Strategic Initiative of Fire:

Wildfire and structural fire prevention,
mitigation, and education
-Nevada City Strategic Plan 2022-2027

NEVADA CITY FIRE SAFETY ADVISORY COMMITTEE
Multiple recommendations for programs, policies,
and practices in the area of fire have come from
the committee.

The committee will present a Nevada City Wildfire
Prevention and Mitigation Plan for the City
Council’s consideration on October 18, 2023,
aligned with citywide needs.

A NEED FOR ACTION
There is a need for near term and ongoing action across multiple fronts. Generally, the actions needed fall into the following categories:
• Public Safety
• Community safety / Evacuation Routes
• Responder Safety
• Prevention Activities
• Fuels Management
• Vegetation
• Home Hardening
• Community Engagement and Education

EXISTING EMERGENCY RESPONSE CAPACITY
Existing Public Safety Tax (Measure M) ensures the City’s fire station is staffed under contract year-round.

Three staffed fire stations in Nevada City:
• Nevada City Fire Station #5
• Providence Mine Road
• Staffed Fire Engine and shift Battalion Chief
• Nevada County Consolidated Fire Station 84
• Coyote Street
• Staffed Fire Engine and shift Battalion Chief
• CALFIRE Station 20
• Ridge Road
• Staffed year round with one fire engine and seasonally with an additional fire engine, dozer, and hand crew

CURRENT ACTIVITIES IN SUPPORT
• Community Risk Reduction and Outreach Officer position funded in current fiscal year budget to serve as the point person for all related activities.
• Grant funding to provide a full-time fire fuels mitigation equipment operator for fuels abatement, defensible space, road hardening and support of community chipping.
• Funding approval to develop proof of concept fuels
abatement projects on three Nevada City “slivers” to serve as basis for future citywide treatment program.
• $111,000+ planning grant to develop a treatment plan and environmental documents in for the Deer Creek Hazardous Fuels Project.
• Anticipated funding for a city specific Community Wildfire Protection Plan (CWPP) based upon the currently
underway Countywide CWPP.

WHAT ELSE IS NEEDED / WHAT WOULD A TAX DO?
• Fuels removal and/or mitigation to support defensible space • Roadside hardening
• Evacuation route planning, maintenance, and signage
• Emergency notifications enhancement and exercises
• Education and outreach
• Firewise Community support
• Curbside green waste program
• Support for home hardening
• Community Wildfire Protection Plan
• Development of a Community Wildfire Protection Plan (CWPP) • Development of an Urban Forestry Plan
• Grant writing and grant matching
• Creation and maintenance of temporary refuge areas
• Functional evacuation exercises
• Support for private property defensible space creation

THE NEED OUTWEIGHS THE RESOURCES

TAX MEASURE POTENTIAL CONFIGURATION
• General Tax or Special Tax
• Tax Rate
• Duration of Tax / Sunset
• Oversight

TAX MEASURE POTENTIAL CONFIGURATION
• Specific Uses:
• Prevent wildfires.
• Reduce flammable vegetation throughout the city.
• Designate, improve, and train on emergency
evacuation routes.
• Improve education, outreach, and community training
on wildfire prevention and building / home hardening.
• Enhance community oriented defensible space
inspection practices.
• Establish and maintain emergency communications
and early warning systems.

FEEDBACK AND NEXT STEPS
• Stakeholder input, questions and suggestions
• City Council input, questions and suggestions
• Recommendations from Fire Safety Advisory Committee
Councilmembers Vice Mayor Petersen and Councilmember
Ceci
• City Council direction
• Fire Safety Advisory Committee meeting
• October 12, 2023 6pm
• City Council consideration
• October 18, 2023 6:30pm
(Draft) Nevada City Wildfire Prevention and Mitigation Plan 1 For City Council Presentation October 18, 2023
Developed by the Nevada City Fire Safety Advisory Committee Introduction: This document outlines a comprehensive plan to enhance Nevada City's resilience in the face of wildfires. It has been developed by the Nevada City Fire Safety Advisory Committee, drawing on research and past planning documents. Once approved by the committee, it will be presented to the City Council for adoption, with implementation led by city staff in collaboration with various stakeholders and agencies.

Identifying Key Areas: The plan centers on three strategic areas: Public Safety, Vegetation Management and Home Hardening, and Community Engagement and Education. Each of these areas requires involvement from the local community and engagement with regulatory agencies and partners at different levels of government. Successful implementation of this plan relies on a balanced approach, with participation from local Firewise Communities and stakeholders, as well as collaboration with regulatory agencies and non-profit partners.

Implementation Requirements: It's important to recognize that the resources currently available to the city fall short of what's needed to fully execute this plan. To ensure community safety, some version of this plan must be implemented with dedicated funding, staffing, and program development. The timeline for implementation depends on the availability of funding, and external sources beyond the General Fund will likely be necessary for timely execution.

While the demand for action exceeds the city's capacity, immediate attention must be given to specific actions outlined as follows and should be considered a priority list of actions. These actions are critical first steps in addressing Nevada City's fire resilience and safety within the framework of this plan.
• Begin engagement with Firewise Communities and neighborhoods to clarify and communicate evacuation routes and shelter-in-place options. • Begin the process of placing a dedicated tax initiative on the ballot for the March 5, 2024, election immediately.
• Engage the Grant Writers currently being evaluated by City Staff to acquire grants needed to complete this plan.
• Fill the program manager position to support plan implementation. • Use the mid-year budget process (February 2024) to identify possible funding to support the plan's implementation.
(Draft) Nevada City Wildfire Prevention and Mitigation Plan 2 For City Council Presentation October 18, 2023
Table 1 Public Safety (Evacuation and Prevention). This table identifies those actions to be taken to preserve life and minimize wildfire impacts on our community.

Strategic
Area Work Area Item Action Starting Date Who Funding Source Ordinance
or Policy
Change
Public Safety (PS)
Evacuation
(E)
PS.E.1
Engage internal and external fire and law enforcement
agencies to identify evacuation bottlenecks, routes, and shelter-in-place locations.
2023
PS.E.2
Engage with Firewise Communities and neighborhoods
to identify evacuation bottlenecks, routes, and shelterin-place locations.

Staff and
Firewise
Communities
PS.E.3
Explore the feasibility of warning systems that can
complement CodeRED for imminent danger to the
town.
2023
PS.E.4 Identify with signage and reduce fuel density in shelterin-place locations. 2023 PS.E.5 Clear vegetation along evacuation routes. 2024
PS.E.6 Educate the public on effective response to sirens and warnings. 2024
Prevention
(P)
PS.P.1 Conduct and evaluate annual parcel inspections. 2023 PS.P.2 Conduct and document fire hydrant testing program to ensure sufficient water pressure to fight fire. 2023
PS.P.3 Evaluate visibility of fire hydrants under all hazard conditions. 2024
PS.P.4 Create demonstration projects on City land. 2024 PS.P.5 Identify and protect critical infrastructure. 2024 (Draft) Nevada City Wildfire Prevention and Mitigation Plan 3 For City Council Presentation October 18, 2023
Table 2. Fuels Management (Vegetation Management and Home Hardening). These actions describe those efforts to be made that will reduce the ability of fire to move through Nevada City.

Strategic
Area Work Area Item Action Starting Date Who Funding Source Ordinance
or Policy
Change
Fuels Management (FM)
Vegetation (V)
FM.V.1
Maintain City land to the same standard as private land consistent with Chapter 8.10 "Vegetation Management,
Debris Removal, and Abatement" of the Nevada City
Municipal Code.
2023
Staff and
Firewise
Communities
FM.V.2 Create a legal framework for accessing private land for inspection by qualified inspectors. 2023
FM.V.3 Identify and publicize ordinance-compliant properties. 2024 FM.V.4 Provide green waste disposal / drop-off access for the entire community. 2024
Home
Hardening
[Commercial
and
Residential
Structures]
(HH)
FM.HH.1
Offer structure, deck, defensible space, home hardening, evacuation route, and property visits designed to educate the public about wildfire survivability.
2024
FM.HH.2 Collaborate with CAL FIRE to develop a building retrofit program.
2024
FM.HH.3 Work with hardware stores to feature home hardening supplies and materials. 2024
(Draft) Nevada City Wildfire Prevention and Mitigation Plan 4 For City Council Presentation October 18, 2023
Table 3. Community Engagement and Education. This table includes educational opportunities and programs that need to be developed to ensure that our community has useful, safe factual information.

Strategic
Area Work Area Item Action Starting Date Who Funding Source Ordinance
or Policy
Change
Community Engagement
& Education (CE)
Education
(E)
CE.E.1
Schedule and hold public forums about the Nevada City
Wildfire Prevention and Mitigation Plan and related
topics.
2023
Staff and
Firewise
Communities
CE.E.2 Develop multiple communication platforms to increase community engagement. 2023
CE.E.3 Establish education projects with other organizations. 2024 CE.E.4 Determine actions needed to ensure that Nevada City Homeowners have access to affordable fire insurance. 2024

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 07
Subject: Consideration of Award of Contract with C&D
Contractors Inc. in an Amount Not-To-Exceed $170,810 for Sewer Line Trestle Bridge Repair; Authorize a Project
Contingency of 10%, Not-To-Exceed $17,081; and Authorize the City Manager to Execute any Contracts or Related
Documents.

From: Bryan McAlister, City Engineer
Date: October 10, 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:

A winter storm December 28th thru 30th, 2021 lashed the City with record snow that knocked out power, shut down major roads and freeways, and caused debris, among other hazards. During the storm the sewer line trestle across Deer Creek near Bridge Street was damaged by a large fallen oak tree. Structural supports including columns, beams and brackets that support the sewer crossing over the creek were damaged. The sewer pipe was displaced during this impact but not otherwise damaged because it was also supported by steel cables. City staff worked with a structural engineer, Linchpin Structural Engineering Inc, to develop a plan to rehabilitate the damaged structure.

Plans and Bid Documents were issued for bid advertisement on September 7th, 2023 and bids were opened publicly on October 5th, 2023.

Bids were received, as follows:

Bid Amount
Hansen Bros. Enterprises, Grass Valley, CA $ 171,702
C&D Contractors Inc., Nevada City, CA $ 170,810
Koch & Koch, Inc., Grass Valley, CA $ 222,113
Lester Enterprises, Nevada City, CA $ 229,700
C&D Contractors Inc. was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project is funded by State cost-share under the California Disaster Assistance Act (CDAA) of 75% plus an additional 10% of State cost-share for administrative costs (this equates to 82.50%) and a local share of 17.5% by the City of Nevada City Measure M funds allocated for wastewater collection.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, 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:

None with the award of the contract. The construction activities are subject to the environmental conditions and actions identified in the overall project.

LEGAL REVIEW:

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

ATTACHMENTS:
 Contract for Sewer Line Trestle Bridge Repair
1 Sewer Line Trestle
Bridge Repair
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199

2 NOTICE TO CONTRACTOR'S
Sewer Line Trestle Bridge Repair
Sealed proposals for Sewer Line Trestle Bridge Repair will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday October 5th, 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 "Sewer Line Trestle Bridge Repair” 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 will be a non-mandatory pre-bid meeting on September 19th at 11am at the project site. ************************************************************************* 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: September 6, 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.

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 Sewer Line Trestle Bridge Repair 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 forty (40) 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 hereunder.
29 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.

8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against 30 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 54 where such facilities may conflict with placement of improvements shown on this plan. Call ‘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
Refer to improvement plans for limits of work.

PROJECT DESCRIPTION
The project consists of trestle bridge repair as shown on the plans and sewer pipe realignment.

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, 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 or woodchips or gravel) and repair of any damaged materials shall be provided by the contractor at their expense. Final Payment shall not be made until all cleanup and restoration work is complete.

Contractor shall provide written notice to Public Works Supt or City Engineer no fewer than two days in advance of any disruption of service including water, sewer, sidewalk or road access. The City will provide all notifications to the public. The contractor shall coordinate and verify with City staff to ensure that property owners, business owners and residents have been provided sufficient notice of the disruption of service. The Contractor shall not disrupt service without written approval from City staff.

Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner. The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.

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

PLANS & DETAILS LEGEND

DETAIL CALL OUT DESCRIPTION
DETAIL NUMBERSPECIFIC TO EACH DETAIL.DETAIL CUT LINEDETAIL CUT LOOKING IN THE DIRECTION OF THE SECTION CUT. THE SECTION IS CONTINUOUS UNO.DETAIL LOCATION NUMBERSHEET LOCATION. SEE SHEET NUMBER DESCRIPTIONDETAIL BUBBLELOCATION OF STRUCTURAL DETAIL OR SECTION XXX
S-XXX
SCALE
ISSUE DATEPROJECT#DESIGNED BYDRAFTED BYCLIENT INFORMATION These Drawings have been prepared by
Linchpin Structural Engineering Inc.. They
are not suitable for use on other projects, in
other locations, or by any other individuals
without the written approval and participation
of Linchpin Structural Engineering Inc..

Reproduction is prohibited.

PRINT DATE:
1" = 1'-0"
8/29/2023 11:15:45 AM
S-1
23-057
WSC

NEVADA CITY

TRESTLE BRIDGE
REPAIR
8/29/2023
WSC

COVER PAGE

NEVADA COUNTY

CITY OF NEVADA CITY
317 BROAD ST
NEVADA CITY, CA 95959
8/29/2023

VICINITY MAP

PROJECT INFORMATION

SHEET INDEX

APPLICABLE CODES

GOVERNING AGENCY

PROJECT SUMMARY
DAVID HODDERLINCHPIN STRUCTURAL ENGINEERING530.563.6341 EXT. 805775.857.3744 EXT. 805

THE PROJECT IS A REPAIR OF TRESTLE BRIDGE THAT CARRIES A SEWER LINE 2022 CALIFORNIA BUILDING CODE (2022 CBC)2018 NATIONAL DESIGN STANDARD (2018 NDS)STEEL CONSTRUCTION MANUAL, 15 ED. (AISC 15 ED.)

NEVADA COUNTY BUILDING DEPARTMENT
950 MAIDU AVE SUITE 170
NEVADA CITY, CA 95959
530.265.1222
SHEET NUMBER SHEET NAMES-1 COVER PAGES-2 SPECIFICATIONS & SPECAIL

INSPECTION
S-3 FOUNDATION AND FRAMING
PLAN
S-4 DETAILS

REVISIONS
SNOW: FOR SITES OVER 25 PSF.Pg = 43 PSF (GROUND SNOW LOAD)Pf = .7PgCeCt I = 36 PSF (FLAT ROOF SNOW LOAD)Ps = CsPf = 36 PSF (SLOPED ROOF SNOW LOAD)Is = 1.0, Ce = 1.0, Ct = 1.2, Cs = 1.0LATERAL FORCESWIND:• EXPOSURE CATEGORY = B• RISK CATEGORY = II• BASIC WIND SPEED, V = 120 MPHSEISMIC:V = CsWCs = Sds/(R/I) ; 0.044 Sds*Ie < Cs < Sd1/((R/Ie)*T)• SEISMIC IMPORTANCE FACTOR, Ie = 1• SPECTRAL RESPONSE ACCELERATION Ss = 0.586, S1 = 0.238• SITE CLASS PER TABLE 20-3.1 OF ASCE 7-16 = D-DEFAULT• SPECTRAL RESPONSE COEFFICIENTS: Sds = 0.520, Sd1 = 0.337• SEISMIC DESIGN CATEGORY = D• ANALYSIS PROCEDURE USED = EQUIVALENT LATERAL FORCE

ANALYSIS
• RESPONSE MODIFICATION FACTOR PER TABLE 12.2-1 (ASCE 7-16): • LATERAL SYSTEM TYPE= SPECIAL CANTILEVER COLUMN • R = 2.5• Cs = 0.208• DESIGN BASE SHEAR, V = 1.6 KIPS (ULTIMATE)FOUNDATION: SOIL BEARING PRESSURE: 1500 PSF* (DEAD PLUS LONG TERM LIVE)ALL FOUNDATION EXCAVATION TO BE CARRIED TO UNDISTURBED NATIVE MATERIAL OR PLACED IN AN APPROVED ENGINEERING FILL.OVER-EXCAVATION OF SOILS TO BE BACKFILLED WITH CONCRETE.UNUSUAL SITE CONDITIONS (LOOSE FILL, SUB-SURFACE WATER, ORGANICS, ETC.) TO BE REPORTED TO ENGINEER. DO NOT PROCEED WITH THE WORK UNTIL ISSUE IS RESOLVED.BACKFILL AROUND FOOTINGS, BEHIND WALLS, & UNDER SLABS TO BE COMPACTED TO 95% RELATIVE DENSITY IN ACCORDANCE WITH ASTM D 1557 UNO IN THE SPECIFICATIONS OF A GEOTECHNICAL REPORT.DO NOT BACKFILL AGAINST WALLS UNTIL CONCRETE OR MASONRY HAS REACHED ITS FULL 28 DAY DESIGN STRENGTH, SUPPORTING STRUCTURE (FLOORS) ARE CONSTRUCTED, AND FOR 7 DAYS MIN.THE BOTTOM OF ALL EXTERIOR BEARING WALL FOOTINGS SHALL BE A MIN. OF 24" BELOW FINISH GRADE.

PIPE 20 PSF

CONCENTRATED

LOADS LIVE LOAD DESIGN DEAD LOAD AREA
100 PLF -- RISK CATEGORY: II - TABLE 1604.5 VERTICAL LOADS

DESIGN CRITERIA
AB - ANCHOR BOLTABV - ABOVEADDL - ADDITIONALADJ - ADJACENTARCH - ARCHITECTURALAYC - ALASKAN YELLOW CEDARBLKG - BLOCKINGBLW - BELOWBN - BOUNDARY NAILSBOS - BOTTOM OF SHEATHINGBTWN - BETWEENCBC - CALIFORNIA BUILDING CODECJ - CONSTRUCTION JOINTCL - CENTERLINECOL - COLUMNCONC - CONCRETECONT - CONTINUOUSCVG - CONTINUOUS VERTICAL GRAINDIAM - DIAMETERDF - DOUGLAS FIRDFPT - DOUGLAS FIR PRESSURE TREATEDDL - DEAD LOADDN - DOWNE - EXISTINGEA - EACHEN - EDGE NAILENGR - ENGINEERES - EACH SIDEEW - EACH WAYFDN - FOUNDATIONFF - FINISH FLOORFOS - FACE OF STUDFRMG - FRAMINGFS - FAR SIDEGA - GAGEGALV - GALVANIZEDGC - GENERAL CONTRACTORGLB - GLUED LAMINATED BEAMGYP - GYPSUM BOARDHD - HOLDOWNHORIZ - HORIZONTALHSS - HOLLOW STRUCTURAL SECTIONIBC - INTERNATIONAL BUILDING CODEINTR - INTERMEDIATEINV - INVERTEDK - KIPSKP - KING POSTKS - KING STUDLL - LIVE LOADLLV - LONG LEG VERTICALLLH - LONG LEG HORIZONTALLSL - LAMINATED STRAND LUMBERLVL - LAMINATED VENEER LUMBERLWT - LIGHTWEIGHTMAX - MAXIMUMMECH - MECHANICALMFR - MANUFACTURERMIN - MINIMUMMISC - MISCELLANEOUSN - NEWNS - NEAR SIDEOC - ON CENTEROCEW - ON CENTER EACH WAYOF - OUTER FACEOH - OPPOSITE HANDOPNG - OPENINGPARA - PARALLELPERP - PERPENDICULARPL - PLATEPLF - POUNDS PER LINEAR FOOTPSF - POUNDS PER SQUARE FOOTPSL - PARALLEL STRAND LUMBER PT - PRESSURE TREATEDPW - PLYWOODREINF - REINFORCEMENTREQ - REQUIREDSCHED - SCHEDULESHTG - SHEATHINGSIM - SIMILARSMS - SHEET METAL SCREWSOG - SLAB ON GRADESTAG - STAGGEREDSTD HK- STANDARD HOOKSTIFF - STIFFENERSTL - STEELSW - SHEARWALLSYM - SYMMETRICALT&B - TOP & BOTTOMT&G - TONGUE AND GROOVEDTHRU - THROUGHTN - TOE NAILTS - TUBE STEELTYP - TYPICALUNO - UNLESS NOTED OTHERWISEVERT - VERTICALVIF - VERIFY IN FIELDw/ - WITHWWF - WELDED WIRE FABRIC

ABBREVIATIONS

NO STRUCTURAL OBSERVATION
CONTRACTOR RESPONSIBILITIES: UNLESS EXPLICITLY STATED IN THESE CONSTRUCTION DOCUMENTS, BY NOTE OR CLARIFICATION LETTER, THE ENTIRE SCOPE OF WORK REPRESENTED BY THESE DOCUMENTS SHALL BE THE SOLE RESPONSIBILITY OF THE GENERAL CONTRACTOR. THESE CONSTRUCTION DOCUMENTS REPRESENT THE DESIGN INTENT OF THE DESIGN TEAM BASED ON DIMENSIONS OF EXISTING SITE AND/OR FIELD CONDITIONS. ACTUAL CONDITIONS MAY REQUIRE MODIFICATIONS OF THE CONSTRUCTION DETAILS TO ACHIEVE THE DESIGN INTENT. CONTRACTOR SHALL NOTIFY DESIGN TEAM IN WRITING OF ANY DISCREPANCIES RELATED TO EXISTING SITE AND/OR FIELD CONDITIONS PRIOR TO CONTINUING ANY WORK. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO RECORD ALL OMISSIONS OR CONFLICTS BETWEEN THE VARIOUS ELEMENTS OF THE CONSTRUCTION DOCUMENTS AND TO BRING THEM TO THE ATTENTION OF THE DESIGN TEAM PRIOR TO COMMENCING ANY WORK. ANY DEVIATION FROM THE CONDITIONS SHOWN IN THESE CONSTRUCTION DOCUMENTS SHALL REQUIRE WRITTEN APPROVAL FROM THE DESIGN TEAM. DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS. ANY DISCREPANCIES BETWEEN THE DRAWINGS AND ACTUAL CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGN TEAM PRIOR TO COMMENCING ANY WORK. THE CONTRACT DOCUMENTS ARE COMPLEMENTARY. WORK REQUIRED TO BE DONE BY ONE DOCUMENT AND NOT BY OTHERS SHALL BE DONE AS IF REQUIRED BY ALL. THE CONTRACTOR AND SUBCONTRACTOR SHALL MAKE NO STRUCTURAL SUBSTITUTIONS, CHANGES, OR MODIFICATIONS WITHOUT WRITTEN APPROVAL OF THE STRUCTURAL ENGINEER. CONTRACTORS AND SUBCONTRACTORS SHALL ENSURE THAT ALL WORK IS PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER BY SKILLED MECHANICS OF THE TRADE. SUBCONTRACTORS AND SUPPLIERS ARE HEREBY NOTIFIED THAT THEY ARE TO CONFER AND COOPERATE FULLY WITH EACH OTHER DURING THE COURSE OF CONSTRUCTION TO DETERMINE THE EXACT EXTENT AND OVERLAP OF EACH OTHER'S WORK AND TO SUCCESSFULLY COMPLETE THE EXECUTION OF THE WORK IN A TIMELY MANNER. UNLESS SPECIFICALLY SHOWN OR NOTED ON THE DRAWINGS, NO STRUCTURAL MEMBER SHALL BE CUT, NOTCHED, BORED, OR OTHERWISE WEAKENED WITHOUT THE PERMISSION OF THE STRUCTURAL ENGINEER. BUILDER'S SET: THIS SET OF DRAWINGS HAS BEEN PREPARED SUFFICIENT TO OBTAIN A BUILDING PERMIT. ALL MATERIALS AND METHODS OF CONSTRUCTION NECESSARY TO COMPLETE THE PROJECT ARE NOT NECESSARILY DESCRIBED IN THIS "BUILDER'S SET". THE IMPLEMENTATION OF THE DRAWINGS REQUIRES THE CONTRACTOR OR BUILDER TO BE THOROUGHLY KNOWLEDGEABLE WITH THE APPLICATIONS OF CODES AND THE METHODS OF CONSTRUCTION SPECIFIC TO THIS PROJECT AND TYPE OF CONSTRUCTION.ALL WATERPROOFING, FLASHING, AND DRAINAGE ARE TO BE DESIGNED AND PROVIDED BY THE BUILDER. COORDINATION BETWEEN DISCIPLINESANY DISCREPANCIES FOUND AMONG THE DRAWINGS, THESE GENERAL NOTES, AND THE SITE CONDITIONS SHALL BE REPORTED TO THE ENGINEER, WHO SHALL CORRECT SUCH DISCREPANCY IN WRITING. ANY WORK DONE BY THE GENERAL CONTRACTOR AFTER DISCOVERY OF SUCH DISCREPANCY SHALL BE DONE AT THE GENERAL CONTRACTOR'S RISK. THE GENERAL CONTRACTOR SHALL VERIFY AND COORDINATE DIMENSIONS AMONG ALL DRAWINGS PRIOR TO PROCEEDING WITH ANY WORK OR FABRICATION. THE STRUCTURE HAS BEEN DESIGNED TO RESIST CODE REQUIRED VERTICAL AND LATERAL FORCES AFTER THE CONSTRUCTION OF ALL STRUCTURAL ELEMENTS HAS BEEN COMPLETED. STABILITY OF THE STRUCTURE PRIOR TO COMPLETION IS THE SOLE RESPONSIBILITY OF THE GENERAL CONTRACTOR. THIS RESPONSIBILITY INCLUDES BUT IS NOT LIMITED TO JOB SITE SAFETY; ERECTION MEANS, METHODS, AND SEQUENCES; TEMPORARY SHORING, FORMWORK, AND BRACING; USE OF EQUIPMENT AND CONSTRUCTION PROCEDURES. PROVIDE ADEQUATE RESISTANCE TO LOADS ON THE STRUCTURES DURING CONSTRUCTION PER SEI/ASCE STANDARD NO. 37 "DESIGN LOADS ON STRUCTURES DURING CONSTRUCTION." CONSTRUCTION OBSERVATION BY THE STRUCTURAL ENGINEER IS FOR GENERAL CONFORMANCE WITH DESIGN ASPECTS ONLY AND IS NOT INTENDED IN ANY WAY TO REVIEW THE CONTRACTOR'S CONSTRUCTION PROCEDURES.STRUCTURAL DRAWINGS SHALL BE USED IN CONJUNCTION WITH EXISTING CONDTIONS. PRIMARY STRUCTURAL ELEMENTS ARE DIMENSIONED ON STRUCTURAL PLANS AND DETAILS AND OVERALL LAYOUT OF STRUCTURAL PORTION OF WORK. SOME SECONDARY ELEMENTS ARE NOT DIMENSIONED SUCH AS: WALL CONFIGURATIONS (INCLUDING EXACT DOOR AND WINDOW LOCATIONS), ALCOVES, SLAB SLOPES AND DEPRESSIONS, CURBS, ETC. VERTICAL DIMENSIONAL CONTROL IS DEFINED BY ARCHITECTURAL WALL SECTIONS AND BUILDING SECTIONS. STRUCTURAL DETAILS SHOW DIMENSIONAL RELATIONSHIPS TO CONTROL DIMENSIONS DEFINED BY ARCHITECTURAL DRAWINGS. DETAILING AND SHOP DRAWING PRODUCTION FOR STRUCTURAL ELEMENTS WILL REQUIRE DIMENSIONAL INFORMATION CONTAINED IN BOTH ARCHITECTURAL AND STRUCTURAL DRAWINGS.STANDARDSALL METHODS, MATERIALS, AND WORKMANSHIP SHALL CONFORM TO THE 2022 CALIFORNIA BUILDING CODE (CBC) AS AMENDED AND ADOPTED BY THE LOCAL BUILDING OFFICIAL OR APPLICABLE JURISDICTION.

GENERAL NOTES

PROJECT LOCATION

THE FOLLOWING SHOP DRAWINGS/SUBMITTALS SHALL BE PROVIDED FOR REVIEW AND APPROVAL BY THE STRUCTURAL ENGINEER PRIOR TO FABRICATION OR DELIVERY.

STRUCTURAL ENGR. BLDG. DEPT.

1. STRUCTURAL STEEL
CAST-IN-PLACE CONCRETECODES, SPECIFICATIONS, AND STANDARDS; CONCRETE WORK SHALL CONFORM TO THE FOLLOWING CODES, SPECIFICATIONS, AND STANDARDS, AND THE STANDARDS AND SPECIFICATIONS THEY REFERENCE. THE CONTRACTOR SHALL OBTAIN AND HAVE READILY AVAILABLE ON SITE THE LATEST VERSION OF THE "ACI MANUAL OF CONCRETE PRACTICE":ACI:1. ACI 116 'CEMENT AND CONCRETE TERMINOLOGY'.2. ACI 301 'STANDARD SPECIFICATIONS FOR STRUCTURAL CONCRETE'.3. ACI 302.1R-15 'GUIDE TO CONCRETE FLOOR AND SLAB CONSTRUCTION'.4. ACI 304R-00 'GUIDE FOR MEASURING, MIXING, TRANSPORTING, AND PLACING CONCRETE'.5. ACI 305.1R-14 'HOT WEATHER CONCRETING'.6. ACI 306.1-90 'COLD WEATHER CONCRETING'.7. ACI 308.1-11 'STANDARD SPECIFICATION FOR CURING CONCRETE'.8. ACI 309R-05 'STANDARD PRACTICE FOR CONSOLIDATION OF CONCRETE'.9. ACI 311.4R-05 'GUIDE FOR CONCRETE INSPECTION'.10. ACI 315R-18 'DETAILS AND DETAILING OF CONCRETE REINFORCEMENT'.11. ACI 318 'BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE'.12. ACI 506R 'GUIDE FOR SHOTCRETING'.ASTM:1. ASTM C33 'STANDARD SPECIFICATION FOR CONCRETE AGGREGATES'.2. ASTM C94 'STANDARD SPECIFICATION FOR READY-MIX CONCRETE'.3. ASTM C150 'STANDARD SPECIFICATION FOR PORTLAND CEMENT'.4. ASTM C260 'STANDARD SPECIFICATION FOR AIR-ENTRAINED ADMIXTURES FOR CONCRETE'.5. ASTM C309 'STANDARD SPECIFICATION FOR LIQUID MEMBRANE-FORMING COMPOUNDS FOR CURING CONCRETE'6. ASTM C494 'STANDARD SPECIFICATION FOR CHEMICAL ADMIXTURES FOR CONCRETE'.7. ASTM C595 'STANDARD SPECIFICATION FOR BLENDED HYDRAULIC CEMENTS'.8. ASTM C618 'STANDARD SPECIFICATION FOR ... FLY-ASH...', MAXIMUM LOSS ON IGNITION SHALL BE 1.0%.9. ASTM C1017 'STANDARD SPECIFICATION FOR CHEMICAL ADMIXTURES FOR USE IN PRODUCING FLOWING CONCRETE'.10. ASTM C1116 'SYNTHETIC FIBER REINFORCED CONCRETE AND SHOTCRETE'.11. ASTM C1218 'STANDARD TEST METHOD FOR WATER-SOLUBLE CHLORIDE IN MORTAR AND CONCRETE'.MIX DESIGNS: THE CONTRACTOR SHALL DESIGN CONCRETE MIXES THAT MEET OR EXCEED THE REQUIREMENTS OF THE CONCRETE MIX TABLE. THE MIX DESIGNS SHALL FACILITATE ANTICIPATED PLACEMENT METHODS, WEATHER, REBAR CONGESTION, ARCHITECTURAL FINISHES, CONSTRUCTION SEQUENCING, STRUCTURAL DETAILS, AND ALL OTHER FACTORS REQUIRED TO PROVIDE A STRUCTURALLY SOUND, AESTHETICALLY ACCEPTABLE FINISHED PRODUCT. WATER-REDUCING ADMIXTURES WILL LIKELY BE REQUIRED TO MEET THESE REQUIREMENTS. CONCRETE MIX DESIGNS SHALL CLEARLY INDICATE THE TARGET SLUMP. SLUMP TOLERANCE SHALL BE ± 1-1/2 INCHES.AGGREGATE: COARSE AND FINE AGGREGATE SHALL CONFORM TO ASTM C 3 3 CEMENT: CEMENT SHALL CONFORM TO ASTM C 150 TYPE II PORTLAND CEMENT, UNLESS NOTED OTHERWISE.ALTERNATE MIX DESIGNS: VARIATIONS TO THE MIX DESIGN PROPORTIONS MAY BE ACCEPTED IF SUBSTANTIATED IN ACCORDANCE WITH ACI 318, CHAPTER 26. PROVIDE SUBMITTALS A MINIMUM OF TWO WEEKS PRIOR TO BID FOR DETERMINATION OF ACCEPTABILITY.ADMIXTURES: ADMIXTURES SHALL BE BY MASTER BUILDERS, W.R. GRACE, OR PRE-APPROVED EQUAL. ALL MANUFACTURERS RECOMMENDATIONS SHALL BE FOLLOWED.WATER: SHALL BE CLEAN AND POTABLE. MAXIMUM CHLORIDE CONTENT: THE MAXIMUM WATER SOLUBLE CHLORIDE CONTENT SHALL NOT EXCEED 0.15% BY WEIGHT OF CEMENTITIOUS MATERIAL UNLESS NOTED OTHERWISE.CONCRETE EXPOSED TO WEATHER: PROVIDE 5.0% TOTAL AIR CONTENT FOR ALL CONCRETE EXPOSED TO WEATHER AFTER COMPLETION OF CONSTRUCTION. TOTAL AIR CONTENT IS THE SUM OF ENTRAINED AIR PROVIDED BY ADMIXTURES AND NATURALLY OCCURRING ENTRAPPED AIR. AIR CONTENT SHALL BE TESTED PRIOR TO BEING PLACED IN THE PUMP HOPPER OR BUCKET; IT IS NOT REQUIRED TO BE TESTED AT THE DISCHARGE END OF THE PUMP HOSE. THE TOLERANCE ON TOTAL AIR SHALL BE +2.0% AND -1.5% WITH THE AVERAGE OF ALL TESTS NOT LESS THAN THE SPECIFIED AMOUNT.CONCRETE MIX NOTES:1. TOTAL CEMENTITOUS MATERIAL IS THE SUM OF ALL CEMENT PLUS FLYASH.2. AT THE CONTRACTORS OPTION, FLYASH MAY BE SUBSTITUTED FOR CEMENT BUT SHALL NOT EXCEED 25% BY WEIGHT OF TOTAL CEMENTITIOUS MATERIAL.3. THE MAXIMUM FREE SHRINKAGE FOR THE SLAB ON GRADE SHALL BE 0.04%4. FIBROUS CONCRETE REINFORCEMENT SHALL BE "FIBERMESH" MANUFACTURED BY SI CONCRETE SYSTEMS OR PRE-APPROVED EQUAL AND SHALL CONFORM TO ASTM C-1116 TYPE III 4.1.3, PERFORMANCE LEVEL 1, AND SHALL BE 100 PERCENT VIRGIN POLYPROPYLENE, FIBRILLATED FIBERS CONTAINING NO REPROCESSED OLEFIN MATERIALS AND SPECIFICALLY MANUFACTURED FOR USE AS CONCRETE SECONDARY REINFORCEMENT. DOSAGE SHALL FOLLOW MANUFACTURER'S RECOMMENDATION BUT NOT BE LESS THAN 1.5 LB/CU. YD.

CONDITION OF PLACEMENT AND CURING WALLS & SLABS FOOTINGS MIN. TEMP. FRESH CONCRETE ASMIXED FOR WEATHER INDICATED,DEGREES F.

ABOVE 30° F. 0 TO 30° F.BELOW 0° F.
606570
556065
5550
5040
MIN. TEMP. FRESH CONCRETE AS PLACED ANDMAINTAINED, DEGREES F.

MAX. ALLOWABLE GRADUAL DROP IN TEMP. THROUGHOUT FIRST 24 HOURS AFTER END OF PROTECTION, DEGREES F.

ALL OTHER CONCRETE NONEBASEMENT WALLS
42,3, & 5

CURING METHOD

ALL SLABS ON GRADE
ITEM
CONCRETE CURING NOTES:1. PROVIDE PRE-APPROVED MOIST CURE METHOD FOR A MINIMUM OF 7 DAYS.2. WHEN THE ESTIMATED EVAPORATION RATE IS GREATER THAN 0.2 PSF/HOUR, PROVIDE A SPRAY APPLIED EVAPORATION RETARDER IMMEDIATELY AFTER CONCRETE PLACEMENT. THE EVAPORATION RATE MAY BE CALCULATED PER ACI 305 FIGURE 2.1.5.3. APPLY A LIQUID MEMBRANE FORMING CURING COMPOUND PER MANUFACTURER'S RECOMMENDATIONS TO ALL EXPOSED SURFACES IMMEDIATELY AFTER FINAL FINISHING.4. APPLY A LIQUID MEMBRANE FORMING CURING COMPOUND PER MANUFACTURER'S RECOMMENDATIONS TO ALL FORMED SURFACES IMMEDIATELY AFTER FORM REMOVAL. NOT REQUIRED IF FORMWORK REMAINS IN PLACE FOR MORE THAN 7 DAYS.5. APPLY A SILANE SEALER WITH A MINIMUM SOLIDS CONTENT OF 40% PER MANUFACTURER'S RECOMMENDATIONS.GROUTNON-SHRINK GROUT: MASTER BUILDERS "MASTERFLOW 555" OR PRE-APPROVED EQUAL. GROUT SHALL CONFORM TO CRD-C621 AND ASTM C1107 GRADE B WHEN TESTED AT A FLUID CONSISTENCY PER CRD- C611-85 FOR 30 MINUTES. GROUT MAY BE PLACED FROM A 25 SECOND FLOW TO A STIFF PACKING CONSISTENCY. FILL OR PACK ENTIRE SPACE UNDER PLATES OR FLOW TO A STIFF PACKING CONSISTENCY. FILL OR PACK ENTIRE SPACE UNDER PLATES OR SHAPES. NO GROUTING SHALL BE DONE BELOW 40° F.EPOXY: USE TWO-PART LOW-SAG EPOXY. GROUT MAY CONTAIN QUARTZ SAND AGGREGATE AS PROPORTIONED BY THE MANUFACTURER. USE EQUIPMENT WHICH WILL ACCURATELY MIX AND DISPENSE THE COMPONENTS. HOLE SHALL BE DRY AND CLEANED WITH WIRE BRUSH AND PRESSURIZED AIR JUST PRIOR TO INSTALLING GROUT. THE REBAR OR ROD SHALL BE CLEAN AND INSTALLED SLOWLY, AND SHALL BE ROTATED AS IT IS PUSHED INTO THE HOLE. COLD WEATHER GROUTING SHALL BE DONE WITH PROPER GROUT FORMULA. FIRST STAGES OF THE GROUTING OPERATION SHALL BE INSPECTED.REINFORCING STEELREINFORCING STEEL SHALL CONFORM TO ASTM A-615, GRADE 60 (GRADE A706 FOR WELDED BARS UNLESS OTHERWISE NOTED, GRADE 40 FOR BEND OUT BARS). DETAIL, FABRICATE AND PLACE PER ACI 315 AND ACI 318. HORIZONTAL BEAM BARS, VERTICAL COLUMN BARS AND VERTICAL SHEAR WALL BARS SHALL MEET THE REQUIREMENTS OF ACI 318 SECTION 21.2.5. REINFORCEMENT SHALL COMPLY WITH ASTM A706 FOR LOW- ALLOY STEEL. BILLET STEEL A615 GRADE 60 REINFORCEMENT MAY BE USED IF THE ACTUAL YIELD STRENGTH BASED ON MILL TESTS DOES NOT EXCEED THE SPECIFIED STRENGTH BY MORE THAN 18,000 PSI AND THE RATIO OF THE ACTUAL ULTIMATE TENSILE STRESS TO THE ACTUAL YIELD STRENGTH IS NOT LESS THAN 1.25.WELDED WIRE FABRIC REINFORCEMENT SHALL CONFORM TO ASTM A-1064. LAP ONE FULL MESH ON SIDES AND ENDS.SPLICE TABLE NOTES:1. "TOP BARS" ARE HORIZONTAL BARS WITH MORE THAN 12" DEPTH OF CONCRETE CAST BELOW THEM.2. LENGTHS SHALL BE INCREASED BY 50% FOR EPOXY COATED BARS WITH COVER LESS THAN THREE TIMES THE BAR DIAMETER OR CLEAR SPACING IS LESS THAN SIX TIMES THE BAR DIAMETER. LENGTHS SHALL BE INCREASED BY 20% FOR ALL OTHER EPOXY COATED BARS. 3. LENGTHS MAY BE REDUCED BY 25% WHEN A MINIMUM 2 1/2" COVER IS PROVIDED.REINFORCING COUPLERS: "CADWELD" OR "LENTON" BY ERICO PRODUCTS, INC., MBT BAR- LOCK, "NO-SLIP" BY FOX-HOWLETT INDUSTRIES, INC., OR PRE-APPROVED EQUAL. COUPLER MUST DEVELOP THE TENSILE STRENGTH OF THE BAR UNO.REINFORCING STEEL COVERPROVIDE CONCRETE COVER OVER REINFORCEMENT AS FOLLOWS, UNLESS NOTED OTHERWISE.CONCRETE CAST AGAINST EARTH ------------ 3"EXPOSED TO WEATHER OR EARTH ------------ 2"TIES ON BEAMS AND COLUMNS ------------- 1-1/2"WALLS AND SLABS NOT EXPOSED TO WEATHER---- 3/4"ELEVATED SLABS NOT EXPOSED TO EARTH OR WEATHER 2,3, & 5 X

SHOP DRAWINGS

CONCRETE
CONSTRUCTION JOINTS SHALL MEET THE REQUIREMENTS OF ACI 301 SECTIONS 2.2.2.5 AND 5.3.2.6. KEYWAYS PER SECTION 2.2.2.5B ARE NOT REQUIRED UNLESS DETAILED ON THE STRUCTURAL DRAWINGS. SPECIAL BONDING METHODS PER SECTION 5.3.2.6 SHALL BE SATISFIED BY ITEM 3 BELOW UNLESS OTHERWISE DETAILED ON THE STRUCTURAL DRAWINGS. WHERE CONSTRUCTION JOINTS ARE NOT SHOWN ON PLAN OR ADDITIONAL CONSTRUCTION JOINTS ARE REQUIRED, SUBMIT PROPOSED JOINTING FOR ENGINEER'S APPROVAL. PROVIDE CONSTRUCTION JOINTS AS INDICATED BELOW UNLESS NOTED OTHERWISE ON THE PLANS:1. SLABS ON GRADE: PROVIDE CONSTRUCTION AND/OR CONTROL JOINTS AT 13 FEET OC FOR SLABS ON GRADE. PERPENDICULAR SPACING RATIO SHALL NOT EXCEED 1.5.2. WALLS AND COLUMNS: COORDINATE CONSTRUCTION JOINTS WITH ARCHITECTURAL REVEALS.3. BONDING AGENT: WHERE BONDING AGENT IS SPECIFICALLY CALLED OUT ON THE STRUCTURAL DRAWINGS, USE "WELD CRETE" BY LARSON PRODUCTS CORPORATION OR PRE-APPROVED EQUAL. FOLLOW ALL MANUFACTURER'S RECOMMENDATIONS.EMBEDDED ITEMSEMBEDDED CONDUIT IS NOT PERMITTED IN SLAB EXCEPT WHERE SPECIFICALLY SHOWN. IT SHALL BE PLACED AND REINFORCED PER THE TYPICAL CONCRETE DETAILS. NO ALUMINUM ITEMS SHALL BE EMBEDDED IN ANY CONCRETE. ALL EMBED PLATES SHALL BE SECURELY FASTENED IN PLACE.CONCRETE CURING AND SEALINGCURING PROCEDURES SHALL COMMENCE IMMEDIATELY AFTER FINISHING CONCRETE TO MAINTAIN CONCRETE IN A MOIST CONDITION. VERIFY CURING AND/OR SEALING PRODUCTS ARE COMPATIBLE WITH FLOOR COVERINGS SHOWN ON THE ARCHITECTURAL DRAWINGS. FOLLOW ALL MANUFACTURER'S RECOMMENDATIONS.

DETAILING, FABRICATION AND ERECTIONALL WORKMANSHIP SHALL CONFORM TO THE CURRENT AISC MANUAL OF STEEL CONSTRUCTION AND AISC 360 CURRENT EDITION. STEEL MEMBERS ARE EQUALLY SPACED BETWEEN DIMENSION POINTS UNLESS NOTED OTHERWISE.ALL FABRICATION SHALL BE PERFORMED BY A FABRICATOR CERTIFIED BY THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ERECTION AIDS AND JOINT PREPARATIONS THAT INCLUDE BUT ARE NOT LIMITED TO, ERECTION ANGLES, LIFT HOLES, AND OTHER AIDES, WELDING PROCEDURES, REQUIRED ROOT OPENINGS, ROOT FACE DIMENSIONS, GROOVE ANGLES, BACKING BARS, WELD EXTENSION TABS, COPES, SURFACE ROUGHNESS VALUES AND TAPERS OF UNEQUAL PARTS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLIANCE WITH ALL CURRENT OSHA REQUIREMENTS.HOLES, COPES, OR OTHER CUTS OR MODIFICATIONS OF THE STRUCTURAL STEEL MEMBERS SHALL NOT BE MADE IN THE FIELD WITHOUT WRITTEN APPROVAL FROM THE STRUCTURAL ENGINEER.ALL STRUCTURAL STEEL SURFACES SHALL BE SHOP PAINTED. ALL STEELEXPOSED TO WEATHER SHALL HAVE TWO COATS OF PAINT. ALL EXPOSEDSTRUCTURAL STEEL SHALL SATISFY AISC REQUIREMENTS FOR ARCHITECTURALLYEXPOSED STRUCTURAL STEEL (AESS) UNLESS WAIVED IN WRITING BY ARCHITECT.MATERIAL PROPERTIESWIDE FLANGE SECTIONS: ASTM A992 (Fy = 50 KSI)OTHER SHAPES AND PLATES: ASTM A36 (Fy = 36 KSI)STRUCTURAL STEEL PIPES: ASTM A53, GRADE B, TYPE E OR S (Fy = 35 KSI)STEEL STRUCTURAL TUBING: ASTM A500, GRADE C, (Fy =50 KSI).MACHINE BOLTS (M.B.): ASTM A307, GRADE AHIGH-STRENGTH BOLTS: A325-ASTM F1852, A490-ASTM A490ANCHOR BOLTS (A.B.): ASTM F1554, GRADE 36, CLASS 2AWELDING:STRUCTURAL STEEL: WELD IN ACCORDANCE WITH "STRUCTURAL WELDING CODE" AWS D-1.1. 70 KSI MINIMUM WELD MATERIAL.CERTIFICATION: ALL WELDING SHALL BE PERFORMED BY AWS CERTIFIED WELDERS. WELDERS SHALL BE PREQUALIFIED FOR EACH POSITION AND WELD TYPE WHICH THE WELDER WILL BE PERFORMING. IF WELDERS ARE NOT CERTIFIED, CONTRACTOR SHALL PAY FOR ANY INSPECTIONS BY TESTING AGENCY THAT WOULD NOT HAVE BEEN REQUIRED IF SHOP WAS CERTIFIED. WITHOUT CERTIFICATION, ALL WELDS SHALL BE CONSIDERED FIELD WELDS. WELD TABS (ALSO KNOWN AS WELD "EXTENSION" TABS OR "RUN OFF" TABS SHALL BE USED. AFTER THE WELD HAS BEEN COMPLETED THE WELD TABS SHALL BE REMOVED AND THE WELD END GROUND TO A SMOOTH CONTOUR. WELD "DAMS" OR "END DAMS" SHALL NOT BE USED. THE PROCESS CONSUMABLES FOR ALL WELD FILLER METAL INCLUDING TACK WELDS, ROOT PASS, AND SUBSEQUENT PASSES DEPOSITED IN A JOINT SHALL BE COMPATIBLE. ALL WELD FILLER METAL AND WELD PROCESS SHALL PROVIDE CHARPY V-NOTCH TOUGHNESS RATING PER LATEST EDITION OF AISC 341.STRUCTURAL STEEL

CONTROL AND CONSTRUCTION JOINTS
PLACE CONCRETE FOLLOWING ALL APPLICABLE ACI RECOMMENDATIONS. CONCRETE SHALL BE PROPERLY CONSOLIDATED PER ACI 309 USING INTERIOR MECHANICAL VIBRATORS; DO NOT OVER-VIBRATE. CONCRETE SHALL BE POURED MONOLITHICALLY BETWEEN CONSTRUCTION OR EXPANSION JOINTS. IF CONCRETE IS PLACED BY THE PUMP METHOD, HORSES SHALL BE PROVIDED TO SUPPORT THE HOSE. WEATHER FORECASTS SHALL BE MONITORED AND ACI RECOMMENDATIONS FOR HOT AND COLD WEATHER CONCRETING SHALL BE FOLLOWED AS REQUIRED. CONCRETE SHALL NOT FREE FALL MORE THAN 5 FEET DURING PLACEMENT WITHOUT WRITTEN APPROVAL OF ENGINEER.FORMWORK STRIPPING1) COLUMNS & WALLS - COLUMNS AND WALLS NOT SUPPORTING FRAMING WEIGHT MAY BE STRIPPED AS SOON AS FORMS CAN BE REMOVED WITHOUT DAMAGING THE CONCRETE AND THE CONCRETE HAS REACHED A MINIMUM COMPRESSIVE STRENGTH OF 500 PSI.2) BEAMS & SLABS - BEAMS AND SLABS MAY BE STRIPPED AND BECOME SELF-SUPPORTING AS SOON AS THEIR COMPRESSIVE STRENGTH REACHES 75% OF THE SPECIFIED DESIGN STRENGTH. RESHORING SHALL BE PROVIDED FOR ALL CONSTRUCTION LOADS THEREAFTER PER THE GENERAL CONTRACTOR.COLD WEATHER PLACEMENT1) COLD WEATHER IS DEFINED BY ACI 306 AS "A PERIOD WHEN FOR MORE THAN 3 SUCCESSIVE DAYS THE MEAN DAILY TEMPERATURE DROPS BELOW 40° F."2) NO CONCRETE SHALL BE PLACED ON FROZEN OR PARTIALLY FROZEN GROUND. THAWING WITH HEATERS AND SUBSEQUENTLY COMPACTING THE GROUND IS PERMISSIBLE.3) CONCRETE MIX TEMPERATURES SHALL BE AS SHOWN BELOW. HEATING OF WATER AND/OR AGGREGATES MAY BE REQUIRED TO ATTAIN THESE TEMPERATURES.4) THE CONCRETE MAY REQUIRE PROTECTION FOR 4-7 DAYS AFTER PLACING. IF TEMPERATURES REMAIN BELOW FREEZING, INSULATING BLANKET COVERAGE IS REQUIRED. IF TEMPERATURES ARE SLIGHTLY BELOW FREEZING (30° F MIN.) AT NIGHT AND ABOVE FREEZING DURING THE DAY, KRAFT PAPER WITH COMPLETE COVERAGE MAY BE USED IN LIEU OF INSULATED BLANKETS.5) NO ADDITIVES CONTAINING CHLORIDES SHALL BE USED. USE "POZZUTEC 20" BY MASTER BUILDERS OR "POLARSET" BY W.R. GRACE OR PRE-APPROVED EQUAL.CONCRETE PLACEMENT EPOXY GROUT FOR POST INSTALLED AND REINFORCING BAR ANCHORS SHALL BE:• SET XP FOR TEMPERATURES ABOVE 50º FAHRENHEIT• AT-XP FOR ALL TEMPERATURES• SET-3G FOR ALL RETROFIT HOLDOWN ANCHORS• OTHER APPROVED EQUALINSTALL PER MANUFACTURER'S ICC REPORT AND RECOMMENDATIONS. SPECIAL INSPECTIONSPECIAL INSPECTION IS REQUIRED UNLESS ANCHORAGE IS NOT DESIGNED FOR STRUCTURAL LOADING, AS NOTED (NSIR). WHEN SPECIAL INSPECTION IS REQUIRED, IT INCLUDES: 1. ADHESIVE PRODUCT DESCRIPTION, INCLUDING THE ADHESIVE PRODUCT NAME AND EXP. DATE, ADHESIVE MIXING PROCEDURE FOR THE SE

T-PAC CARTRIDGE (IF
USED), AND USE OF PROPER NOZZLES FOR ALL CARTRIDGES DESCRIBED IN ESR REPORT.

2. ANCHOR BOLT OR REBAR MATERIAL GRADE, DIAMETER, LENGTH, AND CLEANLINESS.

3. REQUIRED DRILL BIT DIAMETER AND COMPLIANCE WITH ANSI B212.15-1994 OR APPROVED SUBSTITUTE PER ER REPORT.

4. HOLE DEPTH AND CLEANLINESS.5. VERIFICATION OF PHYSICAL PROPERTIES OF THE CONCRETE, CONCRETE MASONRY WALL CONSTRUCTION, SUBSTRATE TEMPATURE AT THE TIME OF INSTALLATION, ACTUAL GEL TIME WHEN ANCHORS ARE INSTALLED NOT DISTURBED; AND VERIFICATION OF ANCHOR INSTALLATION AND LOCATION

EPOXY GROUT
ALL OTHER CONCRETE 4000 at 28 DAYS 0.50 -- 1 5-1/2
4000 at 28 DAYS 0.50 -- 3/8
5-1/2 COLUMNS AND SHEAR WALLS U.N.O.

SLAB ON GRADE 3500 at 28 DAYS 0.45 100 1 3
5-1/2
ITEM
f'c (PSI)
DESIGN 2500
f'c (PSI)

BASEMENT,RETAINING, AND STEM WALLS
4500 at 28 DAYS
MAX. W/C
RATIO

0.45 MIN. (2)
FLYASH
(PCY)
MAX.

AGG.

SIZE (IN)
NOTES
MIN.

CEMENTITOUS
(1) MATERIAL
(SACKS/YARD)
100 1 5-1/2
FOUNDATIONS 4500 at 28 DAYS 0.45 -- 1 5
ELEVATEDBEAMS & SLABS 4000 at 28 DAYS 0.45 100 1 5-1/2
1'-3"1'-7"2'-1"3'-0"4'-0" 3'-1"
2'-3"
1-7"
1'-3"1'-0"
TOP BARS(1)(2) OTHER BARS (2)
MINIMUM DEVELOPMENTLENGTHS ("Ld")

REINFORCING SPLICE AND DEVELOPMENT LENGTH SCHEDULE
MINIMUMEMBEDMENTLENGTH FORSTANDARDEND HOOKS("Ldh") (3)
MINIMUM LAP SPLICE LENGTHS ("Ls")

BARSIZE
TOP BARS(1)(2) OTHER BARS (2)
#3
#4
#5
#6
#7
1'-7"2'-1"2'-8"3'-10"5'-3"
0'-9"1'-0"1'-5"
1'-10"
2'-4"
1'-4"1'-7"2'-1"3'-0"4'-0"
#8#9#10
2'-10"3'-4"3'-11"
4'-0"5'-2"6'-6"
5'-3"6'-8"8'-5"
5'-3"6'-8"8'-5"
6'-10"8'-8"10'-11"
CONCRETE OVERMETAL DECK 3000 at 28 DAYS 0.50 -- 1 5-1/2

SPECIAL INSPECTION SCHEDULE
AREAS REQUIRING SPECIAL INSPECTION: FREQUENCY COMMENTSFABRICATORS (CBC 1704.2.5) IF FABRICATOR IS APPROVED, ON-SITE INSPECTION IS NOT REQUIRED BUT A CERTIFICATE OF COMPLETION MUST BE PROVIDED TO THE B.O. (CBC 1704.2.5.1)

CONTINUOUS PERIODIC
X
STRUCTURAL STEEL CONSTRUCTION (CBC 1705.2, 1705.13, AND 1705.14) PRIOR TO WELDING (TABLE N5.4-1, AISC 360-16):

VERIFY WELDING PROCEDURESMATERIAL IDENTIFICATIONWELDER IDENTIFICATIONFIT-UP GROOVE WELDSACCESS HOLESFIT-UP FILLET WELDS DURING WELDING (TABLE N5.4-2, AISC 360-16):

USE OF QUALIFIED INSPECTORSCONTROL AND HANDLING OF WELDING CONSUMABLESCRACKED TACK WELDSENVIRONMENTAL CONDITIONSWPS FOLLOWEDWELDING TECHNIQUES AFTER WELDING (TABLE N5.4-3, AISC 360-16):

WELDS CLEANEDSIZE, LENGTH, AND LOCATION OF WELDSWELDS MEET VISUAL ACCPETANCE CRITERIAARC STRIKESK-AREABACKING AND WELDING TABS REMOVEDREPAIR ACTIVITIESDOCUMENT ACCEPTANCE/REJECTION OF WELD INSPECTION OF HIGH-STRENGTH BOLTING (SECTION N5.6, AISC 360-16)

VERIFY MATERIAL CERTIFICATION FOR FASTENERSINSTALLATION OF BOLTSDOCUMENT ACCEPTANCE/REJECTION OF BOLTS VERIFY TYPE AND GRADE OF MATERIALVERIFY THERE IS A SYSTEM IN PLACE TO IDENTIFY THE WELDER WHO HAS WELDED A JOINT OR MEMBER. VERIFY JOINT PREPARATION, DIMENSIONS, CLEANLINESS, TACKING, AND BACKINGVERIFY CONFIGURATION AND FINISHVERIFY ALIGNMENT, GAPS AT ROOT, CLEANLINESS OR STEEL SURFACES, TACK WELD QUALITY, AND LOCATIONVERIFY THAT WELDERS ARE APPROPRIATELY QUALIFIEDVERIFY PACKAGING AND EXPOSURE CONTROLVERIFY WELDING IS NOT OVER A CRACKED TACK WELDVERIFY WIND SPEED IS WITHIN LIMITS AS WELL AS PRECIPITATION AND TEMPERATUREVERIFY ITEMS SUCH AS WELDING EQUIPMENT SETTINGS, TRAVEL SPEED, WELDING MATERIALS, SHIELDING GAS TYPE/FLOW RATE, PREHEAT APPLIED, INTERPASS TEMPERATURE MAINTAINED, AND PROPER POSITIONVERIFY INTERPASS AND FINAL CLEANING; EACH PASS IS WITHIN PROFILE LIMITATIONS, AND QUALITY OF EACH PASSVERIFY THAT WELDS HAVE BEEN PROPERLY CLEANEDPRIOR TO BOLTING STATEMENT OF SPECIAL INSPECTIONSSPECIAL INSPECTIONS AND STRUCTURAL TESTING SHALL BE PROVIDED BY AN INDEPENDENT AGENCY EMPLOYED BY THE OWNER FOR THE ITEMS IDENTIFIED IN THIS SECTION AND IN OTHER AREAS OF THE APPROVED CONSTRUCTION PLANS AND SPECIFICATIONS, UNLESS WAIVED BY THE BUILDING OFFICIAL (SEE CBC CHAPTER 17). THE NAMES AND CREDENTIALS OF THE SPECIAL INSPECTORS TO BE USED SHALL BE SUBMITTED TO THE BUILDING OFFICIAL FOR APPROVAL. DUTIES OF THE SPECIAL INSPECTOR:
a. THE SPECIAL INSPECTOR SHALL REVIEW ALL WORK LISTED BELOW FOR CONFORMANCE WITH THE APPROVED CONSTRUCTION PLANS AND SPECIFICATIONS AND THE 2022 CBC.
b. THE SPECIAL INSPECTOR SHALL FURNISH SPECIAL INSPECTION REPORTS TO THE EOR, CONTRACTOR, OWNER AND BUILDING OFFICIAL ON A WEEKLY BASIS, OR MORE FREQUENTLY AS REQUIRED BY THE BUILDING OFFICIAL. ALL ITEMS NOT IN COMPLIANCE SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CONTRACTOR FOR CORRECTION, AND IF UNCORRECTED, TO THE EOR AND THE BUILDING OFFICIAL. c. ONCE CORRECTIONS HAVE BEEN MADE BY THE CONTRACTOR, THE SPECIAL INSPECTOR SHALL SUBMIT A FINAL SIGNED REPORT TO THE BUILDING OFFICIAL STATING THAT THE WORK REQUIRING SPECIAL INSPECTION WAS, TO THE BEST OF THE SPECIAL INSPECTOR’S KNOWLEDGE, IN CONFORMANCE WITH THE APPROVED CONSTRUCTION PLANS AND SPECIFICATIONS AS WELL AS THE APPLICABLE WORKMANSHIP PROVISIONS OF THE 2022 CBC.

DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR:
a. THE CONTRACTOR SHALL SUBMIT A WRITTEN STATEMENT OF RESPONSIBILITY TO THE OWNER AND THE BUILDING OFFICIAL PRIOR TO THE COMMENCEMENT OF WORK. IN ACCORDANCE WITH CBC 1704.4, THE STATEMENT OF RESPONSIBILITY SHALL CONTAIN ACKNOWLEDGEMENT OF THE SPECIAL INSPECTION REQUIREMENTS CONTAINED WITHIN THIS “STATEMENT OF SPECIAL INSPECTIONS”. b. THE CONTRACTOR SHALL NOTIFY THE RESPONSIBLE SPECIAL INSPECTOR THAT WORK IS READY FOR INSPECTION AT LEAST ONE WORKING DAY (24 HOURS MINIMUM) BEFORE SUCH INSPECTION IS REQUIRED. c. ALL WORK REQUIRING SPECIAL INSPECTION SHALL REMAIN ACCESSIBLE AND EXPOSED UNTIL IT HAS BEEN OBSERVED BY THE SPECIAL INSPECTOR.

PLEASE SEE THE “SPECIAL INSPECTION SCHEDULE” FOR THE TYPES, EXTENTS AND FREQUENCY OF SPECIFIC ITEMS REQUIRING SPECIAL INSPECTIONS AND STRUCTURAL TESTS AS PART OF THIS PROJECT.

CONCRETE CONSTRUCTION (CBC 1705.3)

POST-INSTALLED ANCHORSEPOXY ANCHORS(SPECIAL INSPECTION IS REQUIRED UNLESS ANCHORAGE IS NOT DESIGNED FOR STRUCTURAL LOADING, AS NOTED (NSIR)) IN ACCORDANCE WITH APPROVED ICC-ES REPORT. PERIODIC INSPECTIONS ALLOWED IF STATED IN ES REPORTADHESIVE PRODUCT DESCRIPTION, INCLUDING NAME AND EXP. DATE, MIXING PROCEDURE FOR THE SET-PAC CARTRIDGE (IF USED), AND USE OF PROPER NOZZLES FOR ALL CARTRIDGES DESCRIBED IN ESR REPORT.ANCHOR BOLT OR REBAR MATERIAL GRADE, DIAMETER, LENGTH, AND CLEANLINESS. REQUIRED DRILL BIT DIAMETER AND COMPLIANCE WITH ANSI B212.15-1994 OR APPROVED SUBSTITUTE PER ER REPORT. HOLE DEPTH AND CLEANLINESS. VERIFICATION OF OF PHYSICAL PROPERTIES OF THE CONCRETE, CONCRETE MASONRY WALL CONSTRUCTION, SUBSTRATE TEMPATURE AT THE TIME OF INSTALLATION, ACTUAL GEL TIME WHEN ANCHORS ARE INSTALLED NOT DISTURBED; AND VERIFICATION OF ANCHOR INSTALLATION AND LOCATION X
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SCALE
ISSUE DATEPROJECT#DESIGNED BYDRAFTED BYCLIENT INFORMATION These Drawings have been prepared by
Linchpin Structural Engineering Inc.. They
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PRINT DATE:
1" = 1'-0"
8/29/2023 11:15:45 AM
S-2
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NEVADA CITY

TRESTLE BRIDGE
REPAIR
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SPECIFICATIONS& SPECAILINSPECTION

NEVADA COUNTY

CITY OF NEVADA CITY
317 BROAD ST
NEVADA CITY, CA 95959
8/29/2023

REVISIONS

FOUNDATION NOTES

FOUNDATION & FLOOR FRAMING LEGEND
1) SEE TYP NOTES AND DETAILS ON SHEET S-2 FOR ADDITIONALINFORMATION.2) BUILDER SHALL CHECK AND VERIFY ALL DIMENSIONS PRIOR TO CONSTRUCTION.

NEW FOOTING

MEMBER SIZE
COLUMN

FRAMING NOTES
BEAM
##x## PAD FOOTING PER SCHEDULE (IN)

EXISTING FOOTING
1) STEEL COLUMN MAX HEIGHT IS 20'-0". CONTACT EOR IS TALLER COLUMN IS RQUIRED 6x6
HSS6X6X3/8
HSS8X8X1/4HSS8X8X1/4
HSS6X6X3/8
W14X34W14X34 7
S-4 _____________________ (E) TRESTLE SUPPORTS,

WELD AND REPAIR ANY DAMAGED TRUSS OR CABLE SUPPORT, TYP (E) TRESTLE SUPPORTS,

WELD AND REPAIR ANY

DAMAGED TRUSS OR
CABLE SUPPORT, TYP _____________________ 4S-4 _____________________ 4S-4 8S-4 _____________________ 8S-4 _____________________ _____________________ 2S-4 TIE COLUMNS TOGETHER PER _____________________ 9 S-4 _____________________ 2S-4 (E)
HSS8X8X1/4 _____________________ 3
S-4
W14X34
W14X34
BEAM TO BEAM PER_____________________ 5
S-4
W14X34
N
(E)
(E) TRESTLE FRAMING POSTS (E) TRESTLE FRAMING POSTS
HSS6X6X3/8

TO BE REUSED
HSS8X8X1/4HSS8X8X1/4
HSS6X6X3/8

TO BE REUSED
HSS8X8X1/4
(E)
6' - 0" +/-
TYP 6' - 0" +/-
2' - 0" +/- 50' - 0" +/- 30' - 0" +/- 1' - 6" +/- _____________________ 1 S-4 _____________________ 1S-4 N
(E) _____________________ 1
S-4
MAX HEIGHT 18'-0"
MAX HEIGHT 18'-0"
SCALE
ISSUE DATEPROJECT#DESIGNED BYDRAFTED BYCLIENT INFORMATION These Drawings have been prepared by
Linchpin Structural Engineering Inc.. They
are not suitable for use on other projects, in
other locations, or by any other individuals
without the written approval and participation
of Linchpin Structural Engineering Inc..

Reproduction is prohibited.

PRINT DATE:

As indicated
8/29/2023 11:15:45 AM
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NEVADA CITY

TRESTLE BRIDGE
REPAIR
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FOUNDATIONAND FRAMINGPLAN

NEVADA COUNTY

CITY OF NEVADA CITY
317 BROAD ST
NEVADA CITY, CA 95959
8/29/2023
REVISIONS 1/8" = 1'-0" 1 BRIDGE FRAMING PLAN
1/8" = 1'-0" 2 FOUNDATION PLAN
A
A
(E) COLUMN PER PLAN

BEAM PER PLANSEE
FOR ADDITIONAL INFO _____________________ 7S-4
CUT TOP PORTION OF (E) COLUMN, ADD (N) HSS6x6x3/8 SPLICED TO (E) COLUMN BELOW CJP
COL TO
COL
PROVIDE (4) 5/8" DIAM BOLTS PER BEAM
1/4"

COL TO PL
PL 3/4"x8-1/2": EXTEND TO EDGE OF FLANGE OF EACH BEAM
1/4" GUSSET PLATE
1/4
3/4" TYP
1 1
PROVIDE (4) 5/8" DIAM BOLTS PER BEAM

TUBE OR PIPE COLUMN PER PLAN
1/4"

COL TO PL
PL 3/4"x8-1/2": EXTEND TO EDGE OF FLANGE OF EACH BEAM

BEAM PER PLAN
1/4" GUSSET PLATE
1/4
EQ EQ
3/4" TYP
1 1
1 1/2"
3" TYP
1 1/2"
3" MAX
1 1/2"
2"
SEE
SCHED

HSS COL SEE PLAN

FOR CONN PLATE & BOLTS SEE SCHEDBEAM SEE PLAN

BEAM TO BEAM CONNECTION SCHEDULE
BEAM DEPTH CONN. PLATE

THICKNESS
NO. AND DIAM OF HS BOLTS (A325)(SEE NOTE 1)
WELD SIZE CONN. CAPACITY
(AISC TABLE 10-10a)
W8 - W10W16W18- W21W24W27W30 - W36
1/4" (2) 3/4"5/16" (4) 3/4"
3/16" 16.3k
W12- W14 5/16" (3) 3/4" 1/4"
1/4"

COPE BEAM FLANGE MIN REQ'D
1 1/2"
2"
SEE
SCHED

BEAM WHERE OCCURS

BEAM SEE PLAN

FOR CONN PLATE & BOLTS SEE SCHEDBEAM SEE PLAN

BEAM TO BEAM CONNECTION SCHEDULE
BEAM DEPTH CONN. PLATE

31.9k43.4k64.2k78.3k94.4k138k
3/8" (5) 3/4" 5/16"3/8" (6) 7/8" 5/16"3/8" (7) 7/8" 5/16"1/2" (8) 7/8" 5/16" NOTE:1. HORIZONTAL SHORT SLOTTED HOLES OPTIONAL. (PROHIBITED AT SLIP CRITICAL CONNECTIONS)2. ALL BOLTS SHALL HAVE THREADS EXCLUDED FROM PLATE/BEAM WEB INTERFACE (NO FULLY THREADED BOLTS PERMITTED) (6) #5 VERTS EPOXY INTO ROCK w/ 12" EMBEDCOL PER PLAN
#3 TIES, (2) at TOP, THEN @12" OC (CIRCULAR OR SPIRAL OK) 30" DIAM CONCRETE PEIR
18" MIN
48" MAX
10" EMBED
(4) 3/4" DIAM ANCHOR BOLTS w/ DBL NUT AND 1/2"x2-1/4"x2-1/4" WASHER 3/4"x14"x14" STEEL BASEPLATEANCHOR BOLTS
2" 10" 2"
2"
10"
2"
1/4
2"

PROVIDE DOUBLE LEVEL NUT

REBAR VERTS
TIES
12" EMBED
(E) 10" DIAM PIPE(E) 1" DIAM CABLE(E) 1/2" ALL THREAD
VIF
18"

BEAM PER PLAN
(N) L2X2X1/4 at 8'-0" OC
2' - 0"
1/41/4
COLUMNS PER PLANL3X3X1/4 STEEL BRACING 3 SPACED PER SECTION A-A ON ALL SIDES, FULL HEIGHT OF COLUMN

SECTION A-A

45.00° +/-
1/4
TYP
COL PER PLANSTEEL BRACING START NEXT STEEL BRACING PLATE AT END OF ONE ABOVE. LOCATE WITH IN 3"START NEXT STEEL BRACING PLATE AT END OF ONE ABOVE 3" MAX
(E) PIPE(E) ANGLE SUPPORT AT TRELLIS(N) STEEL BEAM PER PLAN(2) 5/8" DIAM THRU BOLTS w/ OVERSIZED HOLES 1 1/2"
1 1/2"
1 1/2"
3"
1 1/2"
1/4" PLATE
(N) L6x3-1/2x5/16 ATTACH TO EXISTING TRESTLE SUPPORT w/ 1/4" FILLET WELD AS NEEDED 1/4
1 1/2"
SCALE
ISSUE DATEPROJECT#DESIGNED BYDRAFTED BYCLIENT INFORMATION These Drawings have been prepared by
Linchpin Structural Engineering Inc.. They
are not suitable for use on other projects, in
other locations, or by any other individuals
without the written approval and participation
of Linchpin Structural Engineering Inc..

Reproduction is prohibited.

PRINT DATE:

As indicated
8/29/2023 11:15:45 AM
S-4
23-057
WSC

NEVADA CITY

TRESTLE BRIDGE
REPAIR
8/29/2023
WSC

DETAILS

NEVADA COUNTY

CITY OF NEVADA CITY
317 BROAD ST
NEVADA CITY, CA 95959
8/29/2023
1" = 1'-0" 2 STEEL BEAM TO HSS OR PIPE COLUMN1" = 1'-0" 3 STEEL BEAM TO HSS OR PIPE COLUMN 1" = 1'-0" 4 STEEL BEAM TO HSS COLUMN1" = 1'-0" 5 STEEL BEAM TO BEAM CONNECTION 3/4" = 1'-0" 1 BLOCK OUT IN SLAB FOR STEEL COLUMN 1" = 1'-0" 7 PIPE SUPPORT ASSEMBLY 3/4" = 1'-0" 9 STEEL COLUMN TIES1" = 1'-0" 8 SUPPORT BEAM TO (E) TRELLIS

REVISIONS

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 18, 2023 Agenda Item No. 08
Subject: Consideration of Resolution 2023-49: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2024 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for
Letters of Advocacy.

From: Sean Grayson, City Manager
Date: October 12, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

On November 9, 2022, the City Council adopted the City’s 2023 Legislative Platform based upon the City’s 2022-2027 Strategic Plan. On June 14, 2023, the City Council adopted the fiscal year 2023/2024 budget and Five-Year Capital Improvement Program (CIP). The CIP expanded the scope and detail of projects for the city across the spectrum of services and is additional input to the proposed 2024 Legislative Platform.

The Legislative Platform is a tool for the City to navigate through the legislative landscape. The document outlines the City’s position on priority and important matters. This Legislative Platform allows Council Members and City staff to address and take immediate action on legislative and regulatory issues at the Federal, State and regional levels. This Legislative Platform allows the City to integrate, where practical, with the Federal, State and regional advocacy performed by the County of Nevada and other allied governmental agencies in the area. The Legislative Platform also allows the City to support non-profit organizations where their pursuits align with the document.

Approval of the Legislative Platform streamlines the City's process and allows City staff to effectively respond and take immediate action on pressing legislation under City Council direction. Federal and state legislative proposals and policies consistent with the Legislative Platform may be supported by the City.

Policies and proposals inconsistent with this Legislative Platform may be opposed by the City. For proposed legislation, either consistent with or in opposition to the Legislative Platform, City staff shall be authorized to prepare position letters for the City Manager and/or Mayor to sign. Where and item falls outside this Legislative Platform, staff shall bring the matter to the City Council should action or a position need to be taken. Staff is authorized to engage the County of Nevada staff to include items from this Legislative platform with the County’s platform and to seek shared advocacy on aligned issues.

As with the 2023 Legislative Platform, the County of Nevada has offered to partner with the City to include advocating for the City on and including positions and projects that are aligned between the two agencies.

This Legislative Platform is aligned with the City’s Statement of Values and consistent with and expands upon other City guiding documents including the City’s General Plan, Municipal Code, and current Strategic Plan. The document identifies Legislative Positions and Priority Projects within each of the seven (7) Strategic Initiatives adopted by the City Council in the 2022-2027 Strategic Plan as well as within the foundational legislative principles of Continuity of City Government through: Preservation of Local Control; Promotion of Fiscal Sustainability; and Support for Diverse Funding Opportunities for Services.

Changes in the 2024 Legislative Platform are primarily the result of the use of the projects in the adopted Five-Year CIP.

Adoption of the resolution adopts the 2024 Legislative Platform and authorizes the City Manager and/or Mayor to sign support letters consistent with the platform as outlined. The Council can update the legislative platform at any time should an issue of advocacy come to light.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

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:

Resolution 2023-49
Nevada City Legislative Platform 2024
RESOLUTION NO. 2023-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE CITY OF NEVADA CITY 2024 LEGISLATIVE PLATFORM AND

AUTHORIZING THE MAYOR AND CITY MANAGER TO HAVE SIGNATURE

AUTHORITY FOR LETTERS OF ADVOCACY
WHEREAS, the City of Nevada City City Council adopted the 2023 Legislative Platform on November 9, 2022, outlining legislative positions and priority projects for the City; and
WHEREAS, the City of Nevada City has had an opportunity to review developing legislation and collaborate with County of Nevada, regional, state and national stakeholders to identify legislative priorities, actions, and positions; and WHEREAS, the City Council and City staff identified legislative positions and funding requests through adoption of the City’s Strategic Plan and its initiatives and goals as well as the City’s Five-Year Capital Improvement Program; and
WHEREAS, the County of Nevada County Executive Office has offered jurisdictional partnership with the City of Nevada City to identify areas of synergy for collaborative advocacy efforts for the benefit of the County and the City of Nevada City; and WHEREAS, the 2024 Legislative Platform incorporates legislative positions and priority projects to help guide advocacy efforts and provide the City increased flexibility to quickly respond and proactively advocate for positions that promote the City's priorities and to address fiscal, programmatic or unfunded mandated threats to the City's core services and values; NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City adopts the attached 2024 Legislative Platform for guidance and use by all City staff and departments and legislative advocacy activity.

BE IT FURTHER RESOLVED, that the City Manager is directed to use the Legislative Platform for the implementation of the 2022-2027 Strategic Plan; the 2024/25 Fiscal Year Budget; the creation and signature of Letter of Advocacy appropriate for transmittal by City staff; the management of City operations, programs and services; and to quickly respond and proactively advocate to address fiscal, programmatic or unfunded mandated threats to the City's core services and values.

BE IT FURTHER RESOLVED, that the Mayor is authorized to conduct legislative advocacy, including signing and submitting Letters of Advocacy, on behalf of the City Council in accordance with the 2024 Legislative Platform that includes the following:

1. For Letters of Advocacy on behalf of the City Council, the City Manager shall determine and provide recommendations to the Mayor on positions captured in the 2024 Legislative Platform for the Mayor's consideration, approval, and signature.

2. All City Councilmembers shall be copied on all approved and submitted Letters of Advocacy signed by the Mayor.

3. Any Letter of Advocacy regarding an issue that is not captured in the 2023 Legislative Platform must be approved by the City Council
.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 18th day of October 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Daniela Fernández, Mayor
ATTEST:

Niel Locke, Deputy City Clerk
· City Hall · 317 Broad Street · Nevada City, California 95959 · · Phone: (530) 265-2496 · Website: NevadaCityCA.Gov ·
City of Nevada City
Legislative Platform
2024
City Council
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor
Doug Fleming, Councilmember
Adam Kline, Councilmember
Lou Ceci, Councilmember
City Clerk
Niel Locke
Executive and Management Staff
Sean Grayson, City Manager
Dean Pucci, City Attorney
Stephen Erlandson, Interim Assistant City Manager
Gabrielle Christakes, Deputy City Clerk / Administrative Services Manager Sam Goodspeed, Fire Division Chief
Dan Foss, Police Chief
Bryan McAlister, Public Works Director / City Engineer
Lisa McCandless, Interim City Planner
Dawn Zydonis, Parks and Recreation Manager
Shane Kinne, Public Works Superintendent
Michael Faudoa, Chief Plant Operator
City of Nevada City 2024 Legislative Platform 1
Table of Contents
Table of Contents .................................................................................................................................................................. 2 Legislative Platform Infographic ................................................................................................................................. 3 About This Legislative Platform................................................................................................................................... 3 The Legislative Platform in Action.............................................................................................................................. 3 A Living Document............................................................................................................................................................... 3 Legislative Positions by Embedded Strategic Initiative.................................................................................. 4 Legislative Positions by Strategic Initiative........................................................................................................... 4 Legislative Positions by Foundational Legislative Principles...................................................................... 8 Priority Projects by Embedded Strategic Initiative........................................................................................... 9 Priority Projects by Strategic Initiative..................................................................................................................10 City of Nevada City 2024 Legislative Platform 2
About This Legislative Platform
The Legislative Platform is a tool for the City to navigate through the legislative landscape outside the City. The document outlines the City’s position on priority and important matters. This Legislative Platform allows Council Members and City staff to address and take immediate action on legislative and regulatory issues at the Federal, State, and regional levels. This Legislative Platform allows the City to integrate, where practical, with the Federal, State and regional advocacy performed by the County of Nevada and other allied governmental agencies in the area. The Legislative Platform also allows the City to support non-profit organizations, through letters of support and other measures, where their pursuits align with the document.

The Legislative Platform in Action
Approval of the Legislative Platform streamlines the City's process and allows City staff to effectively respond and take immediate action on pressing legislation under City Council direction.

Federal and state legislative proposals and policies consistent with the Legislative Platform may be supported by the City. Policies and proposals inconsistent with this Legislative Platform may be opposed by the City. For proposed legislation, either consistent with or in opposition to the Legislative Platform, City staff shall be authorized to prepare position letters for the City Manager and/or Mayor to sign. Where and item falls outside this Legislative Platform, staff shall bring the matter to the City Council should action or a position need to be taken. Staff is authorized to engage the County of Nevada staff to include items from this Legislative platform with the County’s platform and to seek shared advocacy on aligned issues.

A Living Document
This Legislative Platform is aligned with the City’s Statement of Values and consistent with and expands upon other City guiding documents including the City’s General Plan, Municipal Code, and Strategic Plan. The document identifies Legislative Positions and Priority Projects within each of the seven (7) Strategic Initiatives adopted by the City Council in the 2022-2027 Strategic Plan, using projects from the City’s 5-Year Capital Improvement Program (CIP), as well as within the foundational legislative principles of Continuity of City Government through: Preservation of Local Control; Promotion of Fiscal Sustainability; and Support for Diverse Funding Opportunities for Services. The Legislative Platform is a living document that can and should be updated consistent with strategic initiatives and the annual budget adoption. The City Council may at any time amend this document or take action at a City Council meeting to add, amend or delete the City’s position on any topic.

City of Nevada City 2024 Legislative Platform 3
Legislative Positions by Embedded Strategic Initiative
Support for and collaboration with the Nevada City
Rancheria Nisenan Tribe
Nisenan and Indigenous Housing (STATE & FEDERAL)
• Support legislation to fund local housing initiatives for the Nisenan.

Land Back (STATE & FEDERAL)
• Support legislation to fund and support land back initiatives for the Nisenan.

Nisenan Federal Recognition (FEDERAL)
• Support federal legislation to achieve federal recognition of the Nisenan.

Planning for and building resilience through adaptation to climate change
Climate Adaptation and Resiliency Planning (STATE & FEDERAL) • Support legislation to fund local, regional, and state Climate Adaptation and Resiliency Planning and integration of the plans at all levels
Renewable Energy (STATE & FEDERAL)
• Support legislation to fund local and reginal renewable energy micro sites including solar and green waste to energy conversion.

Legislative Positions by Strategic Initiative
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value
Regional Housing Needs Allocation Methodology and Climate Change (STATE) • Support legislation that incorporates impacts associated with climate change, including emergency evacuation route capacity, and wildfire in methodology used to determine regional housing needs allocations (RHNA)
City of Nevada City 2024 Legislative Platform 4
Affordable Housing (STATE & FEDERAL)
• Support legislative efforts to encourage affordable, workforce, senior, tribal, and special needs housing developments in rural communities and financing mechanisms for investors and homeowners
Homelessness Program Funding (STATE & FEDERAL)
• Support proposals to increase funding for shelter, housing and services for individuals experiencing homelessness in rural communities
Land Use: Housing Element Flexibility (STATE)
• Advocate for proposals that provide for flexibility in how rural communities designate parcels for specific zoning in order to meet housing development requirements • Support legislation that allows for credit toward Regional Housing Needs Allocations into higher categories for generation higher that need in low- and moderate-income categories Wildfire and structural fire prevention, mitigation, and education
Residential and Commercial Property Insurance: Wildfire Risk (STATE) • Support legislation that provides greater access to, and transparent and consistent riskmodeling related to residential and commercial property insurance covering wildfire insurance that balances consumer protections and extreme risks faced by the insurance industry Tree Mortality and Fire Protection (STATE & FEDERAL)
• Support proposals to secure funding to address tree mortality on local, state, federal, and private lands to reduce fire hazard and promote forest and watershed health Vegetation Management Environmental Review (STATE & FEDERAL) • Support legislation and rulemaking to allow for expedited vegetation removal along public roads and other essential, critical, and water infrastructure by state and local agencies Wildfire Mitigation Sustainability (STATE & FEDERAL)
• Advocate for ongoing sustainable funding for wildfire mitigation projects and programs including direct funding allocations to local jurisdictions and County Office of Emergency Services
City of Nevada City 2024 Legislative Platform 5
Board of Forestry and Fire Safety Regulations (STATE)
• Support reasonable legislation and regulatory actions that provide fire safety regulations and home hardening requirements that mitigate wildfire but oppose legislation or regulatory action that threaten local control over land use development in rural counties • Support legislation that streamlines the ability to take, transport, and dispose of tree products for hazard mitigation separate from wood product forestry regulations Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and
wastewater treatment capabilities
Drought Planning and Water Supply (STATE & FEDERAL)
• Support efforts to increase funding for drought planning Wastewater and Wastewater Infrastructure (STATE & FEDERAL) • Support direct capital investment funding for infrastructure construction for water and wastewater distribution, collection, and treatment
Federal Lands Acquisition (FEDRAL)
• Advocate for the streamlined acquisition of federal lands and their transfer to local jurisdictions when related to critical infrastructure including water collection, storage and treatment Business, industry, and cannabis support
Economic Development and Redevelopment (STATE)
• Support efforts to allocate funds for economic development and redevelopment of underserved and utilized areas
• Advocate for funds to plan for the redevelopment of the Nevada City Courthouse and its community economic engine aligned with the construction of a new off-site courthouse Tourism Support (STATE)
• Advocate for local tourism support through existing state and regional programs Workforce Development, Training, and Internships (STATE) • Support funding to enhance and expand employment and training programs targeted at job needs in rural communities
City of Nevada City 2024 Legislative Platform 6
Cannabis Banking (FEDERAL)
• Support efforts to reform federal banking regulations that restrict banking services to a legitimate marijuana or hemp-related business.

Cannabis Regulation (STATE & FEDERAL)
• Support legislative efforts to clarify consistent state regulation, protect local control of cannabis allowable activities, and fund enforcement and public health activities • Oppose legislation that restricts or removes local control or regulation of cannabis cultivation and commercial / medical cannabis operations
Arts, Culture, and Distinction
Sustainable Funding for Arts and Cultural Districts (STATE) • Support sustainable funding for the Nevada City / Grass Valley Cultural District and associated arts and cultural programs and activities
Arts and Artisan Support (FEDERAL)
• Support sustainable funding for public art and the education, housing, and support of artisans to produce and maintain public art through established and expanded federal art grants, programs and endowments
Parking, Roads, Right-of-Way, and other public and
contracted infrastructure
Renewable Energy Support for Rural Communities (STATE & FEDERAL) • Advocate for legislation to support the placement of renewable energy sources in rural communities
• Support sustainable funding for solar infrastructure in rural communities Electric Vehicles and Infrastructure for Rural Communities (STATE & FEDERAL) • Support sustainable funding to expand electric vehicles in rural community fleets and for public access to electric vehicle charging infrastructure
City of Nevada City 2024 Legislative Platform 7
Broadband Infrastructure (STATE & FEDERAL)
• Advocate for legislation and rulemaking that removes bureaucratic hurdles and allows for expedited access to broadband infrastructure in rural communities • Support legislation that makes funds available for planned community access broadband infrastructure
Parks, Open Space, Recreation, Programming, and
Community Facilities
Open Space Recreation (STATE)
• Advocate for state resources for outdoor recreation and trails and funds to connect state, regional, county, and local open space amenities
Park Facilities and Programming for Rural Communities (STATE) • Advocate for funding for park facilities and programming for rural communities with an emphasis or regionalization of service over population count and disadvantaged community loci
State Park Continuity to Local Recreation Amenities (STATE) • Support legislation and rulemaking that prioritizes the connection of State Park locations and resources to local recreation amenities in adjoining jurisdictions Legislative Positions by Foundational Legislative Principles Continuity of City Government through Preservation of
Local Control; Promotion of Fiscal Sustainability; and
Support for Diverse Funding Opportunities for Services
Local Revenue (STATE & FEDERAL)
• Oppose efforts to decrease, restrict, eliminate, or otherwise alter local autonomy of revenues Preserve Local Control (STATE & FEDERAL)
• Oppose legislation that does not recognize California’s diversity including rural community differences and the need for local government autonomy in addressing the problems of services provided to our residents, businesses and customers
State and Federal Mandates (STATE & FEDERAL)
City of Nevada City 2024 Legislative Platform 8
• Support full funding to ensure that states and federal mandates are cost-neutral to the City Impact and Development Fees (STATE)
• Oppose legislation that caps, removes, or alters Impact and Development fees without local control or summarily creates any unfunded mandate through deferral or other development incentive programs
Organic Waste and Recycling (STATE)
• Advocate for flexible rule making for SB1383 organic waste requirements and for funding to support organic waste biodigestion and power cogeneration facilities and infrastructure Disaster Reimbursement (STATE & FEDERAL)
• Advocate for timely reimbursements associated with declared states of emergency and subsequent recovery efforts
FEMA Funding (FEDERAL)
• Advocate for Hazard Mitigation Grant Program (HMGP), Assistance to Firefighter Grant (AFG), SAFER, and other FEMA grant funds and for timely award notification and fund distribution Public Safety Power Shutoffs (PSPS) (STATE)
• Support PSPS and Enhanced Powerline Safety Settings (EPSS) event legislation and rule-making that ensures maximum communication between local governments, notification of all impacted residents and businesses, special provisions for access and functional needs of those impacted, back-up generation and critical infrastructure funding, and necessary reimbursement funding for PSPS and EPSS related costs to local jurisdictions
Priority Projects by Embedded Strategic Initiative
Support for and collaboration with the Nevada City
Rancheria Nisenan Tribe
Land back
Secure land form the previously federally recognized Nisenan Rancheria and match it with city owned land for the purposes of returning the land to the Nisenan.

Planning for and building resilience through adaptation to climate change
City of Nevada City 2024 Legislative Platform 9
Solar Potential in Airport and Other Development
Reevaluate the previous Old Airport Redevelopment plan and other locations for sites for solar or other renewable energy sources.

Priority Projects by Strategic Initiative
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value
Public/Private Workforce Housing and Retail Development Redevelop a city-owned parcel of land on Zion Street into housing focused on meeting the residential needs of the local workforce (commonly referred to as the “missing middle” that is generally not eligible for low-income housing programs) with integrated retail offerings.

Pre-Approved Accessory Dwelling Unit (ADU) Design
Develop an ADU design that is preapproved by the City for conformance with the City’s objective design standards. This plan will be available to those with interest in ADUs without having to go through the individual project review process.

Wildfire and structural fire prevention, mitigation, and education
Wildfire Mitigation of Escape Routes and Road Hardening Develop and implement a citywide program to reduce fuels and harden roads in support of emergency escape routes. This project includes integration of electrical utility undergrounding in high-hazard areas.

Nevada City Deer Creek Hazardous Fuels Treatment Project Implement the treatment plan and environmental considerations for the fuels modifications for approximately 300 acres of very-high fire severity risk area as well as ingress and egress (vegetation management for evacuation routes) protecting businesses, residents, Deer Creek and Seven Hills schools, and critical infrastructure in the region.

Green waste collection and disposal facility
Identify, secure and operationalize a site for the collection and disposal of green waste.

Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and
wastewater treatment capabilities
South Pine Street Sewer Main Project
The project will replace 0.6 miles of sewer main that is greater than 110 years old providing for reliable and environmentally secure wastewater collection in the area.

City of Nevada City 2024 Legislative Platform 10
Nevada Street Water Main Project
The project will replace 0.5 miles of water main, fire hydrants, service laterals, and valves providing for reliable water distribution in the area. The water main being replaced is 140 years old and undersized. The replacement water main shall be appropriately sized to accommodate the land use designated in the General Plan.

SMART Meter Replacement for Water Delivery
Replace nearly 1200 existing meters that are near end-of-life with smart meter technology that benefits the customer, the environment and the City.

Water Infrastructure Projects (from 5-Year Capital Improvement Program) • Water Treatment Plant Instrumentation - SCADA
• Automatic Tank Valves
• Raw Water Pipe to Cascade Canal
• Water Treatment Plant Upgrade - SCADA
Wastewater (Sewer) Infrastructure Projects (from 5-Year Capital Improvement Program) • Headworks
• Biosolids Processing
• Wastewater Treatment Plant Security
• Wastewater Treatment Plant Instrumentation - SCADA
• Primary Equalization
• Conversion to ultra violet (UV) sanitization
Business, industry, and cannabis support
Citywide Economic Development Plan
Create a plan for public and private economic development leveraging existing economic impact analysis for community sectors.

Cannabis Industry Financial Support Through Equity Programing Implement the Cannabis Local Equity Plan and secure funding to support equity businesses and applicants to lower the threshold of entry and sustainability within the industry.

Arts, Culture, and Distinction
Redevelopment Plan for 7-Hills District
Create a plan for redevelopment of public and private assets in the 7-Hills District including a focus on public art, business development, a walkable environment, and transitions to existing transportation infrastructure.

City of Nevada City 2024 Legislative Platform 11
7-Hills District Gateway Amenities
Develop, fund, and implement gateway features including lighting, flower planting, and wayfinding along the Zion Street and Argall Way corridors.

Parking, Roads, Right-of-Way, and other public and
contracted infrastructure
Searls Avenue and Boulder Street Sidewalk Project
Construct sidewalk along Searls Avenue between Valley Street and Sacramento Street and construct sidewalk on the south side of Boulder Street. This project provides continuity of sidewalks in the area allowing for an enhanced walkable community and safe routes to schools.

Nevada Street Bridge Project
Replace the existing structurally deficient Nevada Street Bridge over Deer Creek with a new bridge.

The proposed bridge will be 68-feet long by 44-feet wide. Bridge approach reconstruction will include approximately 160 feet of Nevada Street north of the bridge and 200 feet south of the bridge into Broad, Boulder and Sacramento Streets intersection. Additional work will include utilities, drainage, grading, paving and sidewalk improvements.

Zion Street, Ridge Road, Nevada City Highway 9-Way Intersection Project Redesign the existing 8-way stop and 1-way yield intersection for vehicular and pedestrian safety and efficiency of travel. The project includes the addition of continuity of sidewalk on Zion Street and the integration of a new public transit stop.

Electric Vehicles and Infrastructure for Rural Communities Implement phase 1 (10%) of City fleet replacement with electric and plugin hybrid vehicles.

Aligned with the parking system expansion master, plan deploy electric vehicle chargers for City vehicles and the Nevada Street and Spring Street public parking lots.

Broadband Infrastructure
Plan for and implement broadband infrastructure using City right-of-way, private utility resources, and private infrastructure in unserved and underserved portions of the City.

General Plan Update - Elements
Develop a new Circulation Element to the City’s general plan.

Streets, Sidewalks, Path of Travel Projects (from 5-Year Capital Improvement Program) • Nevada Street Sidewalk
• Main Street Boardwalk/Rail
• Sacramento Street/Lower Zion Sidewalks
• Clark Street Parking/Foot Bridge
• Parking Improvements – Clark and Spring Street Lots
Parks, Open Space, Recreation, Programming, and
Community Facilities
City of Nevada City 2024 Legislative Platform 12
Expand 7-Hills Middle School Fields and Transition to Public Park Project Convert the 7-Hills Middle School Fields into sustainable multi-sport fields with shared use as a community park. Align recreation programming of the city with the school district.

Nevada City Skate Park Project
Develop a plan for the location and construction of an inclusive outdoor recreation facility with integrated skate park.

Historic Firehouse No. 2 Sustainability and Safety Upgrades Update the accessibility and usability of the facility to meet modern safety needs while maintain the historical accuracy of the building.

Changes
Removed climate adaptation from infrastructure priority with adoption of CAPSE Added embedded strategic initiatives of nisenan and climate for support and projects Changed priority projects to align with adopted five year CIP City of Nevada City 2024 Legislative Platform 13

From: Judith Lowry
To: Public Comment
Subject: Nevada City Firehouse #1
Date: Sunday, October 15, 2023 6:36:46 AM
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It has come to my attention that a city official has apparently attempted to remove some historical objects from the Firehouse #1 Museum by requiring the docent to unlock the display case and hand over some Nisenan items, apparently for display at Uba Seo. If true, this would represent a breach of the museum’s standards, rules and practices. I worked on improving the Firehouse a few years ago and provided the display cases with new tempered safety glass, and security locks for the protection of the Nisenan collection, which includes basketry and regalia from the Kelly-Enos family.

The items housed in the Firehouse #1 building are the property of the museum, and as with all of our county’s museums, there is a process for borrowing artifacts. I have worked with many museums, including the Crocker, the Oakland Museum of California and the Smithsonian Museum of the American Indian. In every case, a loan agreement must be signed by the borrower and the museum, stating the length of the loan and the purpose for which it is being borrowed. Both a museum official and the borrower must sign a document in order to insure a proper chain of custody. This way valuable artifacts don’t go missing.

Unfortunately, a few years ago, someone in the museum gave the little Nisenan drum that had belonged to Chief Louis Kelly to someone. It had been on display for decades and was cherished by the Kelly descendants. No documents were signed, so the borrower is unknown, as well as the museum person who handed it over. That little treasure is now lost forever.

The Nevada County Historical Society needs to review its lending process and educate the public, all museum docents and our city and county officials on proper museum standards and procedures, so that, in the future, the donated historic artifacts in our museums will remain safe from disappearing.

Thank you,
Judith Lowry

Nevada City City CouncilOctober 18, 2023

Nevada City City Council
October 18, 2023