Agenda packet, regular meeting, first session — Nevada City City Council, April 10, 2024 (part 2 of 2)

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
President of the United States - Democratic Party - Presidential Preference, Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
17,917 74,321 24.11%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Stephen P Lyons 66 0.42% 1 0.69% 5 1.18% 0 0.00% 72 0.44% Eban Cambridge 40 0.25% 0 0.00% 2 0.47% 0 0.00% 42 0.26% Gabriel Cornejo 31 0.20% 0 0.00% 4 0.94% 0 0.00% 35 0.21% President R Boddie 120 0.76% 0 0.00% 4 0.94% 1 2.08% 125 0.76% Joseph R Biden Jr 14,593 92.53% 130 89.66% 348 81.88% 43 89.58% 15,114 92.22% Marianne Williamson 566 3.59% 9 6.21% 39 9.18% 2 4.17% 616 3.76% Dean Phillips 321 2.04% 4 2.76% 16 3.76% 1 2.08% 342 2.09% Armando "Mando" Perez-Serrato 34 0.22% 1 0.69% 7 1.65% 1 2.08% 43 0.26% Cast Votes: 15,771 100.00% 145 100.00% 425 100.00% 48 100.00% 16,389 100.00% Undervotes: 1,417 25 68 10 1,520
Overvotes: 8 0 0 0 8
President of the United States - Green Party - Presidential Preference, Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
232 74,321 0.31%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Jill Stein 106 100.00% 3 100.00% 6 100.00% 1 100.00% 116 100.00% Cast Votes: 106 100.00% 3 100.00% 6 100.00% 1 100.00% 116 100.00% Undervotes: 110 0 6 0 116
Overvotes: 0 0 0 0 0
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
President of the United States - Peace and Freedom Party - Presidential Preference, Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
67 74,321 0.09%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Cornel West 15 44.12% 1 50.00% 1 33.33% 0 0.00% 17 43.59% Jasmine Sherman 5 14.71% 0 0.00% 0 0.00% 0 0.00% 5 12.82% Claudia De la Cruz 14 41.18% 1 50.00% 2 66.67% 0 0.00% 17 43.59% Cast Votes: 34 100.00% 2 100.00% 3 100.00% 0 0.00% 39 100.00% Undervotes: 27 0 1 0 28
Overvotes: 0 0 0 0 0
United States Senate, Full Term - Nonpartisan - Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
39,579 74,321 53.25%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Steve Garvey REP 11,639 33.41% 333 48.76% 932 51.04% 79 46.75% 12,983 34.61% Denice Gary-Pandol REP 112 0.32% 2 0.29% 10 0.55% 1 0.59% 125 0.33% Laura Garza 94 0.27% 0 0.00% 6 0.33% 0 0.00% 100 0.27%
Sepi Gilani DEM 147 0.42% 2 0.29% 16 0.88% 1 0.59% 166 0.44% Don J. Grundmann 28 0.08% 1 0.15% 0 0.00% 1 0.59% 30 0.08% Forrest Jones AI 60 0.17% 0 0.00% 4 0.22% 1 0.59% 65 0.17% Barbara Lee DEM 2,493 7.16% 25 3.66% 122 6.68% 19 11.24% 2,659 7.09% Gail Lightfoot LIB 228 0.65% 5 0.73% 14 0.77% 4 2.37% 251 0.67% Sarah Sun Liew REP 73 0.21% 4 0.59% 8 0.44% 0 0.00% 85 0.23% Sharleta Bassett REP 231 0.66% 11 1.61% 34 1.86% 4 2.37% 280 0.75% Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
United States Senate, Full Term - Nonpartisan - Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
39,579 74,321 53.25%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total James Bradley REP 290 0.83% 3 0.44% 18 0.99% 1 0.59% 312 0.83% Martin Veprauskas REP 11 0.03% 0 0.00% 2 0.11% 0 0.00% 13 0.03% Eric Early REP 2,762 7.93% 131 19.18% 248 13.58% 16 9.47% 3,157 8.42% Adam B. Schiff DEM 12,225 35.10% 115 16.84% 227 12.43% 21 12.43% 12,588 33.56% Major Singh 29 0.08% 1 0.15% 0 0.00% 0 0.00% 30 0.08%
Stefan Simchowitz REP 9 0.03% 1 0.15% 2 0.11% 0 0.00% 12 0.03% Christina Pascucci DEM 186 0.53% 1 0.15% 6 0.33% 0 0.00% 193 0.51% David Peterson DEM 51 0.15% 0 0.00% 4 0.22% 0 0.00% 55 0.15% Perry Pound DEM 57 0.16% 1 0.15% 3 0.16% 1 0.59% 62 0.17% Katie Porter DEM 3,975 11.41% 45 6.59% 151 8.27% 19 11.24% 4,190 11.17% Douglas H. Pierce DEM 13 0.04% 1 0.15% 5 0.27% 1 0.59% 20 0.05% Raji Rab DEM 25 0.07% 0 0.00% 1 0.05% 0 0.00% 26 0.07%
Mark Ruzon 24 0.07% 0 0.00% 1 0.05% 0 0.00% 25 0.07%
Jonathan Reiss REP 6 0.02% 0 0.00% 2 0.11% 0 0.00% 8 0.02% John Rose DEM 39 0.11% 1 0.15% 4 0.22% 0 0.00% 44 0.12% Harmesh Kumar DEM 7 0.02% 0 0.00% 3 0.16% 0 0.00% 10 0.03% James "Jim" Macauley REP 20 0.06% 0 0.00% 3 0.16% 0 0.00% 23 0.06% Cast Votes: 34,834 100.00% 683 100.00% 1,826 100.00% 169 100.00% 37,512 100.00% Undervotes: 552 6 18 2 578
Overvotes: 1,453 7 21 8 1,489
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
House of Representatives of the United States, District 3 - Nonpartisan - Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
39,579 74,321 53.25%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Robert Smith 707 2.00% 7 1.02% 43 2.37% 6 3.45% 763 2.00% Kevin Kiley REP 16,093 45.43% 494 72.22% 1,241 68.26% 98 56.32% 17,926 47.05% Jessica Morse DEM 18,624 52.57% 183 26.75% 534 29.37% 70 40.23% 19,411 50.95% Cast Votes: 35,424 100.00% 684 100.00% 1,818 100.00% 174 100.00% 38,100 100.00% Undervotes: 1,406 12 45 5 1,468
Overvotes: 9 0 2 0 11
State Senate, District 1 - Nonpartisan - Vote for One
Precincts
Counted Total Percent
94 94 100.00%
Voters
Ballots Registered Percent
34,860 62,376 55.89%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Megan Dahle REP 17,259 82.05% 407 80.59% 1,088 81.07% 102 82.26% 18,856 81.96% David Fennell REP 3,775 17.95% 98 19.41% 254 18.93% 22 17.74% 4,149 18.04% Cast Votes: 21,034 100.00% 505 100.00% 1,342 100.00% 124 100.00% 23,005 100.00% Undervotes: 11,384 132 300 29 11,845
Overvotes: 8 0 2 0 10
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
State Assembly, District 1 - Nonpartisan - Vote for One Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
39,579 74,321 53.25%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Tenessa Audette REP 8,589 40.33% 252 47.82% 611 42.85% 46 36.80% 9,498 40.64% Melissa Hunt REP 1,266 5.95% 42 7.97% 93 6.52% 11 8.80% 1,412 6.04% Heather Hadwick REP 7,617 35.77% 169 32.07% 521 36.54% 47 37.60% 8,354 35.74% Mark Mezzano REP 3,823 17.95% 64 12.14% 201 14.10% 21 16.80% 4,109 17.58% Cast Votes: 21,295 100.00% 527 100.00% 1,426 100.00% 125 100.00% 23,373 100.00% Undervotes: 15,528 169 437 54 16,188
Overvotes: 16 0 2 0 18
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
Republican County Central Committee, District 4 - Republican Party - Vote for No More Than Five Precincts
Counted Total Percent
24 24 100.00%
Voters
Ballots Registered Percent
3,761 15,612 24.09%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Rob Tribble 1,468 21.08% 51 17.65% 153 25.67% 4 21.05% 1,676 21.30% Dr. Carolyn Bronson 1,449 20.80% 58 20.07% 102 17.11% 5 26.32% 1,614 20.51% Frances J. Freedle 674 9.68% 38 13.15% 62 10.40% 2 10.53% 776 9.86% Melissa K. Walker 1,040 14.93% 33 11.42% 71 11.91% 1 5.26% 1,145 14.55% Amy Young 1,145 16.44% 59 20.42% 117 19.63% 5 26.32% 1,326 16.85% James Driver 1,189 17.07% 50 17.30% 91 15.27% 2 10.53% 1,332 16.93% Cast Votes: 6,965 100.00% 289 100.00% 596 100.00% 19 100.00% 7,869 100.00% Undervotes: 9,740 286 854 51 10,931
Overvotes: 1 0 0 0 1
County Supervisor, District 1 - Nonpartisan - Vote for One Precincts
Counted Total Percent
22 22 100.00%
Voters
Ballots Registered Percent
9,625 16,494 58.35%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Heidi Hall 4,960 58.93% 59 39.07% 105 31.91% 12 60.00% 5,136 57.60% Michael J Taylor 1,283 15.24% 25 16.56% 81 24.62% 3 15.00% 1,392 15.61% Sue McGuire 2,174 25.83% 67 44.37% 143 43.47% 5 25.00% 2,389 26.79% Cast Votes: 8,417 100.00% 151 100.00% 329 100.00% 20 100.00% 8,917 100.00% Undervotes: 664 7 28 8 707
Overvotes: 1 0 0 0 1
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
County Supervisor, District 2 - Nonpartisan - Vote for One Precincts
Counted Total Percent
11 11 100.00%
Voters
Ballots Registered Percent
9,178 16,047 57.19%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total John Herrera 1,458 19.16% 17 10.69% 61 13.99% 8 12.90% 1,544 18.67% Robb Tucker 3,854 50.64% 116 72.96% 282 64.68% 42 67.74% 4,294 51.94% Jason Tedder 246 3.23% 5 3.14% 9 2.06% 0 0.00% 260 3.14% Jeff Pettitt 2,053 26.97% 21 13.21% 84 19.27% 12 19.35% 2,170 26.25% Cast Votes: 7,611 100.00% 159 100.00% 436 100.00% 62 100.00% 8,268 100.00% Undervotes: 865 11 24 3 903
Overvotes: 7 0 0 0 7
County Supervisor, District 5 - Nonpartisan - Vote for One Precincts
Counted Total Percent
25 25 100.00%
Voters
Ballots Registered Percent
5,197 13,039 39.86%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Hardy Bullock 3,061 100.00% 48 100.00% 145 100.00% 16 100.00% 3,270 100.00% Cast Votes: 3,061 100.00% 48 100.00% 145 100.00% 16 100.00% 3,270 100.00% Undervotes: 1,806 19 90 12 1,927
Overvotes: 0 0 0 0 0
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
City of Nevada City City Council - Nonpartisan - Vote for No More Than Three Precincts
Counted Total Percent
3 3 100.00%
Voters
Ballots Registered Percent
1,397 2,421 57.70%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Doug Fleming 781 35.07% 9 24.32% 19 30.65% 3 23.08% 812 34.72% Daniela Fernández 780 35.02% 13 35.14% 23 37.10% 7 53.85% 823 35.19% Gary Petersen 666 29.91% 15 40.54% 20 32.26% 3 23.08% 704 30.10% Cast Votes: 2,227 100.00% 37 100.00% 62 100.00% 13 100.00% 2,339 100.00% Undervotes: 1,715 50 76 11 1,852
Overvotes: 0 0 0 0 0
Proposition 1 - Nonpartisan - Vote Yes or No
Precincts
Counted Total Percent
108 108 100.00%
Voters
Ballots Registered Percent
39,579 74,321 53.25%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Yes 15,526 43.85% 182 27.04% 573 31.55% 68 40.24% 16,349 42.95% No 19,884 56.15% 491 72.96% 1,243 68.45% 101 59.76% 21,719 57.05% Cast Votes: 35,410 100.00% 673 100.00% 1,816 100.00% 169 100.00% 38,068 100.00% Undervotes: 1,425 22 47 10 1,504
Overvotes: 4 1 2 0 7
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
Measure A - Nonpartisan - Vote Yes or No
Precincts
Counted Total Percent
5 5 100.00%
Voters
Ballots Registered Percent
916 1,961 46.71%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Yes 586 71.46% 6 66.67% 45 78.95% 6 100.00% 643 72.09%
No 234 28.54% 3 33.33% 12 21.05% 0 0.00% 249 27.91%
Cast Votes: 820 100.00% 9 100.00% 57 100.00% 6 100.00% 892 100.00% Undervotes: 21 0 2 0 23
Overvotes: 1 0 0 0 1
Measure B - Nonpartisan - Vote Yes or No
Precincts
Counted Total Percent
13 13 100.00%
Voters
Ballots Registered Percent
4,400 8,291 53.07%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Yes 2,014 51.22% 26 30.23% 87 39.91% 10 55.56% 2,137 50.24% No 1,918 48.78% 60 69.77% 131 60.09% 8 44.44% 2,117 49.76% Cast Votes: 3,932 100.00% 86 100.00% 218 100.00% 18 100.00% 4,254 100.00% Undervotes: 134 4 6 0 144
Overvotes: 1 0 1 0 2
Nevada County
March 5, 2024 Presidential Primary
3/5/2024

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Official Results
Registered Voters
39579 of 74321 = 53.25%
Precincts Reporting
108 of 108 = 100.00%
Cumulative Results Report
Official Results
Run Time
Run Date
9:44 AM
03/27/2024
Measure C - Nonpartisan - Vote Yes or No
Precincts
Counted Total Percent
3 3 100.00%
Voters
Ballots Registered Percent
1,397 2,421 57.70%
Choice Party Vote By Mail Voting Early Voting Election Day Voting Provisional Voting Total Yes 891 70.05% 16 55.17% 23 51.11% 7 87.50% 937 69.20%
No 381 29.95% 13 44.83% 22 48.89% 1 12.50% 417 30.80%
Cast Votes: 1,272 100.00% 29 100.00% 45 100.00% 8 100.00% 1,354 100.00% Undervotes: 42 0 1 0 43
Overvotes: 0 0 0 0 0
*** End of report ***

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: FERNANDEZ, PETERSEN, FLEMING, KLINE, CECI
NOES:

ABSTAIN:

ABSENT:

ATTEST:

ADOPTED BY THE VOTERS OF THE CITY OF NEV ADA CITY AT THE MARCH 5, 2024, MUNICIPAL GENERAL ELECTION.

Daniela Fernandez, Mayor
ATTEST:

Niel Locke, City Clerk
8 City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 April 10, 2024
CA Department of Tax and Fee Administration
Local Revenue Branch
Attn: Warrant Desk
450 N Street, MIC: 27
Sacramento, CA 95814
Subject: City of Nevada City (Jurisdiction Number: Local 29032, Districts 146, 319, 505, 963) Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code.

Dear Ms. Anh Huang:

Resolution No. 2024-10, Section 1, authorizes the City Manager to designate in writing to the CA Department of Tax and Fee Administration other officers and/or employees of the jurisdiction with authority to receive and examine sales and use tax records for the jurisdiction.

Accordingly, the City Manager for the City of Nevada City is hereby authorized to receive and review sales or transactions and use tax records for the City of Nevada City from the CA Department of Tax and Fee Administration.

Sincerely,
_______________________________________________
Daniela Fernández, Mayor
CC: Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 11
Subject: Consideration of the Cancellation of the Regular City Council Meeting Schedule for April 24, 2024.

From: Sean Grayson, City Manager
Date: March 25, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Cancel the meeting.

ISSUE STATEMENT AND DISCUSSION:

To address scheduling of other City related activities, the City proposes to cancel the regular City Council meeting scheduled for April 24, 2024. The Nevada City Council Standards and Procedures section 6.4 states that, “Any meeting of the City Council may be cancelled in advance by majority vote of the Council.” This action will cancel the Regular City Council Meeting date of April 24, 2024. One Regular City Council meeting will occur in April on April 10, 2024 consistent with the Nevada City Council Standards and Procedures section 6.3 requirements.

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:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 12
Subject: Consideration of Approval of the Bear Yuba Land Trust Celebration of Trails Art in Nature Installations Project for Installation on Nevada City Trails.

From: Sean Grayson, City Manager
Date: March 25, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the project.

ISSUE STATEMENT AND DISCUSSION:

In 2023 Bear Yuba Land Trust (BYLT) created an Art in Nature program coinciding with their month-long Celebration of Trails that takes place across Nevada County every June. The program commissions two (2) artists to create site-specific art installations that utilize natural materials and interact with the natural surroundings in some way. Last year's commissions went to Mekdela Maskal for “Prayer Flags” dyed with locally sourced natural materials installed along Cascade Trail; and to landscape artist Andres Amador for his installation “Still Here” in which he used natural dye to paint boulders in Nisenan basket patterns at Hirschman Trail. The 2024 call to artists for this year’s installation closes on April 1, 2024, and neither the art to be commissioned nor the site of installation is known.

With the adoption of the City’s Public Arts Ordinance and Public Art Policy, any art installed on public property or private non-residential property in Nevada City requires City Council approval. The City Council has requested that the Public Arts Commission review any similar application and make a recommendation for the City Council’s consideration. The Public Arts Commission heard the item at the April 4, 2024 meeting and recommended that the City Council approve the program and approve the use of any City trail as proposed.

The BYLT call to artists for 2024 is attached. In summary it is:

As part of Celebration of Trails, BYLT is commissioning two (2) artists to create site-specific art installations that utilize natural materials and interact with the natural surroundings in some way.

The installations will be installed along a chosen BYLT held trail or preserve and will be on view to the public throughout the month of June. The sites include:

Possible Lands and Trails in which artworks will be installed:
• Hirschman’s Trail (Nevada City)
• Deer Creek Tribute Trail (Nevada City)
• Cascade Canal Trail (Nevada City)
• Wolf Creek Trail (Grass Valley)
• Adam Ryan Preserve (Alta Sierra)
• Wildflower Ridge Preserve (Grass Valley)
• Rice’s Crossing Preserve (Yuba County)
• Independence Trail East (Nevada City)
In future years BYLT will engage the City earlier in the planning process for the competition, engage the Public Arts Commission for a recommendation, and the City will consider funding partnerships as appropriate.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is aligned with the strategic initiative of VIBRANCY: Arts, Culture, and Distinction, specifically goals #2, “Develop a public art process including an enabling ordinance,” and # 4, “Engage the arts community and all stakeholders in identifying the unique vibrancy of Nevada City and how to maintain and expand it.” 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:

BYLT 2024 Call to Artists Art in Nature Program
3/25/24, 11:17 AM Call for Artists | Bear Yuba Land Trust https://www.bylt.org/getinvolved/call-for-artists/ 1/4
DONATE

CALL FOR ARTISTS
Since 1990, Bear Yuba Land Trust has been diligently building and maintaining public, recreational trails within our community, with 50+ miles to date. Our annual Celebration of Trails event during the month of June is an opportunity to engage the community through numerous trail-centric, family friendly activities. As part of Celebration of Trails, BYLT is commissioning two (2) artists to create sitespecific art installations that utilize natural materials and interact with the natural surroundings in some way. The installations will be installed along a chosen BYLT held trail or preserve (list of potential sites below) and will be on view to the public throughout the month of June.

About Trails Land Get Involved Support Shop
3/25/24, 11:17 AM Call for Artists | Bear Yuba Land Trust https://www.bylt.org/getinvolved/call-for-artists/ 2/4
Artwork Criteria:

Preference will be given to artworks that utilize locally sourced, naturally derived materials, in part or total. We are looking for artworks that are representative of the community and speak to its history, culture, peoples, and of course, the natural surroundings of the area. Installations must also be durable enough to withstand the elements during the entire month of June.

Proposed artworks need not meet all of the above criteria in order to be considered, as we are open to artists’ own interpretations of what “land art” can entail. For reference, last year’s commissions went to Mekdela Maskal for “Prayer Flags” dyed with locally sourced natural materials installed along Cascade Trail; and to landscape artist Andres Amador for his installation “Still Here” in which he used natural dye to paint boulders in Nisenan basket patterns at Hirschman Trail.

The installations also need not be new pieces of work. If you have something in mind that is already created, feel free to submit that as well.

Submission Guidelines:

1. A write up of your project, including a project description, the materials used, project theme, and the ways in which the project relates to the community and natural surroundings. This can be as long or as short as you deem necessary.

2. Artist Bio and CV

3. Two-three photos of the artwork (if already completed) or of other work in your portfolio.

To submit your project for consideration, please complete the application here or at the button below.

APPLY
The submission deadline has been extended to 11:59pm on April 1, 2024.

Commissions will be reviewed by a panel that consists of BYLT staff and community members. Final announcement will be made in mid April 2024.

Commission Benefits:
3/25/24, 11:17 AM Call for Artists | Bear Yuba Land Trust https://www.bylt.org/getinvolved/call-for-artists/ 3/4

1. Commissioned artists will receive a stipend of $500 to create and promote the work.

2. BYLT will also cover the cost of materials needed for the installations. If possible, please try and gather donated materials from local stores. This is an amazing opportunity to showcase yourself as an artist in our community.

3. Commissioned artists will be credited in all marketing and advertising in conjunction with Celebration of Trails Art In Nature Installations. We will request a bio, headshot (or other image), and social handles for each artist to use in promotion.

Possible Lands and Trails in which artworks will be installed:

Hirschman’s Trail (Nevada City)
Deer Creek Tribute Trail (Nevada City)
Cascade Canal Trail (Nevada City)
Wolf Creek Trail (Grass Valley)
Adam Ryan Preserve (Alta Sierra)
Wildflower Ridge Preserve (Grass Valley)
Rice’s Crossing Preserve (Yuba County)
Independence Trail East (Nevada City)
For more information about these trails: https://www.bylt.org/trails-list/ Please reach out to BYLT Communications Manager Annette Muller at [email protected] with any questions. Thank you for your interest!

UPCOMING EVENTS
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CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 13
Subject: Conduct a Public Hearing in Consideration of
Ordinance 2024-02: An Ordinance of the City Council of the City of Nevada City, State of California Amending Chapter

1.22 of the City of Nevada City Municipal Code, Relating to Administrative Enforcement.

From: Sean Grayson, City Manager
Date: March 25, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption May 8, 2024.

ISSUE STATEMENT AND DISCUSSION:

On January 11, 2017, the City Council adopted Ordinance 2017-01, which updated the Nevada City Municipal Code Chapter 1.22 addressing Administrative Enforcement. At the time the ordinance as adopted the City did not have a comprehensive code enforcement program nor a full-time code enforcement officer.

Administrative enforcement under Chapter 1.22 has been conducted by planning staff, engineering staff, fire officials, police officers, and code enforcement officers. The City now has a full-time Code Enforcement Officer and active program. The city has approved several code amendments in regards to nuisances and wildfire defensible space that were not contemplated in the 2017 ordinance. Although the City strives to correct violations of the code through education and outreach, an effective administrative enforcement program is necessary to ensure the health and safety of the community. The current Chapter

1.22 has some deficiencies and requires updates both to ensure the program is effective as well as to maintain appeal and other rights for those have received citations.

To properly address, enforce and administratively resolve any violations of the Nevada City Municipal Code through an administrative citation process, staff proposesthe adoption of the attached ordinance 2024- 02 amendments which will result in a more comprehensive Administrative Enforcement Ordinance. The ordinance is based upon functional contemporary ordinances in place in other cities. The general categories of the ordinance are:

1.22.010. – Definitions.

1.22.020. – Applicability.

1.22.030. – Issuance of administrative citation; content; reasonable period to remedy violation.

1.22.040. – Amount; delinquencies.

1.22.050. – Payment of fines.

1.22.060. – Appeals process.

1.22.070 – Hardship waiver.

1.22.080 – Hearing officer appointed.

1.22.080 – Hearing procedure.

1.22.100 – Decision of hearing officer.

1.22.110 – Recovery of administrative citation fines and costs.

1.22.120 – Right to judicial review.

1.22.130 – Notices.

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 created the ordinance and has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Ordinance 2024-02
1 ORDINANCE NO. 2024-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTER 1.22 OF THE CITY OF NEVADA CITY

MUNICIPAL CODE, RELATING TO ADMINISTRATIVE ENFORCEMENT
WHEREAS, the City of Nevada City has an active program to enforce provisions of its Municipal Code; and
WHEREAS, the City would benefit from having more efficient and effective administrative enforcement tools in the Code; and
WHEREAS, pursuant to Government Code §§53069.4, 36900 and 36901, the City may provide for administrative enforcement, including imposition of administrative fines, of its municipal code; 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 1.22 of the Nevada City Municipal Code is hereby amended to read as follows:

CHAPTER 1.22 – ADMINISTRATIVE CITATIONS

1.22.010. - Definitions.

As used in this chapter:

ENFORCEMENT OFFICER means any police officer, inspector, or other employee or agent of the City having the power to enforce any administrative violation, including Enforcement Officers of non-City entities that have the authority to perform such enforcement through agreements with any City departments.

RESPONSIBLE PARTY means any individual, business or entity responsible for creating, causing, maintaining or permitting nuisance activity, premises, condition or conduct, or a violation of this Code; and includes, but is not limited to, the property owner, tenant, lessee, possessor, or occupant of real property, the president or other officer of the corporation, a business owner or manager of a business.
2 1.22.020. – Applicability.

This chapter is enacted under authority of Government Code §53069.4 to make the violation of any ordinance enacted by the city subject to administrative citation and fine.

Enforcement actions under this chapter shall be in addition to all other legal remedies available to the city to enforce its ordinances. Use of this chapter shall be at the sole discretion of the city.

1.22.030. – Issuance of administrative citation; content; reasonable period to remedy violation.

A. When the enforcement officer determines that a violation of a city ordinance has occurred, the enforcement officer shall have the authority to issue an administrative citation to the responsible party violating the ordinance. If the code enforcement officer determines that multiple Code violations have occurred, the administrative citation may address all the violations.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or definite description of the location where the violation occurred;

3. The Code sections violated and a description of each violation;

4. An order prohibiting the continuation or repeated occurrence of the Code violations described in the administrative citation;

5. An order levying a fine in a specified amount for each Code violation;

6. A description of the fine payment process, including the time within which the fine shall be paid;

7. The number of days, if any, to correct continuing violations pursuant to subsection C of this section;

8. A description of the administrative citation appeal process, including the time for filing an appeal; and

9. The name and signature of the citing enforcement officer.

C. If the violation is of a continuing nature or pertains to a building, plumbing, electrical or other similar structural or zoning violation that does not create an immediate danger to health or safety, the enforcement officer shall not immediately assess an administrative fine but shall establish a reasonable period of time for the responsible person to correct or otherwise remedy the violation prior to the imposition of an administrative fine. In no event shall the period of time given to correct or remedy the violation be less than three days.

1.22.040. – Amount; delinquencies.

A. The amount of fines for violations of city ordinances shall be established by resolution of the city council. Enhanced fines may be established for second or subsequent violations.

B. Any fine imposed pursuant to this chapter shall be delinquent if not paid in accordance with the terms and provisions of this chapter. Delinquent fines shall be 3 subject to a late payment charge in an amount established by resolution of the city council. Interest shall accrue on all delinquent fine amounts, exclusive of the late payment charge, at the rate of one-half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine amount becomes delinquent until the date that the total delinquent fine amount is paid to the city.

C. Copies of resolutions establishing the amount of fines and late payment charges shall be made available to the public at the office of the city clerk.

1.22.050. – Payment of fines.

A. Any fine imposed under this chapter shall be due and payable to the city within 30 days from the date of the administrative citation, unless a valid and complete administrative citation hearing request has been filed pursuant to this chapter.

B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.

1.22.060. – Appeals process.

A. A person charged in an administrative citation may appeal the citation by filing with the city clerk an administrative citation hearing request form, together with payment of the fine, or a completed hardship waiver request form in compliance with this chapter, within 30 days from the date of issuance of the administrative citation.

B. The administrative citation hearing request form shall include a statement of the grounds for the appeal.

C. Upon receipt of a completed administrative citation hearing request form, and payment of the fine and/or receipt of an approved hardship waiver, the city manager shall notify the appealing party in writing of the time and place of the hearing. Notice shall be given no later than ten days prior to the hearing date.

1.22.070 – Hardship waiver.

A. An appealing party who is financially unable to make payment of the full amount of the fine at the time an administrative citation hearing request form is filed may file a request for a hardship waiver of all or part of the fine.

B. A hardship waiver request form shall be filed with the city clerk and shall include a sworn declaration and any other supporting documents or materials showing the appealing party's actual financial inability to deposit the full amount of the fine in advance of the hearing. The hardship waiver request shall be reviewed by the city manager or the manager's designee. The appealing party shall bear the burden of demonstrating to the satisfaction of the city manager the appealing party's inability to deposit the full amount of the fine in advance of the hearing. 4 C. The city manager shall file with the city clerk a written decision, together with a statement of findings of fact, approving or denying, in whole or in part, the hardship waiver request. The written decision of the city manager shall be final and shall be served on the appealing party.

D. If the city manager denies the hardship waiver request in whole or in part, the appealing party shall pay that portion of the fine not waived within ten days of the date the decision is served. Failure to timely pay the fine, or portion thereof, shall be deemed a withdrawal of the request for an appeal hearing, and the full amount of the fine shall become immediately due and payable.

1.22.080 – Hearing officer appointed.

The city manager shall appoint a hearing officer for administrative citation hearings under this chapter. There may be more than one hearing officer at any administrative citation hearing.

1.22.080 – Hearing procedure.

A. The hearing shall be conducted by the administrative hearing officer in accordance with this section and as the officer otherwise deems necessary or convenient to achieve justice and effectuate the purposes of this chapter.

B. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this report shall be served on the appealing party at least five days prior to the date of the hearing.

C. The administrative hearing officer shall have the power and authority to require and administer oaths or affirmations where appropriate, and to take and hear evidence concerning any matter pending before the administrative hearing officer.

D. The rules of evidence generally applicable in the courts shall not be binding on the administrative hearing officer. Hearsay evidence and any and all other evidence which the administrative hearing officer deems relevant and proper may be admitted and considered.

E. Any party may appear at the hearing to offer such documents, oral testimony, written declarations or other evidence as may be relevant to the proceedings.

F. The administrative hearing officer may grant or order not more than two continuances of the hearing for not more than ten working days each. Additional continuances may be granted only if all parties stipulate in writing. Such continuances may be granted or ordered at the administrative hearing without further written notice to the parties.
5 G. Neither the administrative hearing officer nor the city shall be responsible for recording or reporting the hearing. Any party, individually or jointly, may make arrangements for recording or reporting the hearing.

H. The failure of the cited person to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

1.22.100 – Decision of hearing officer.

A. Upon conclusion of the hearing and within 15 days after the matter is taken under submission, the hearing officer shall issue a written statement of decision on each contested violation in the administrative citation, along with written findings of facts upon which the decision is based. The decision of the hearing officer shall constitute the final administrative decision and shall be served on the appealing party and the city manager within 15 days of the date of the hearing.

B. If the hearing officer upholds charges, the fine paid to the city for those charges shall be retained by the city.

C. If the hearing officer upholds charges and all or part of the fine has not been paid pursuant to hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fines for those violations.

D. If the hearing officer dismisses charges and the fine for those charges has been paid to the city, the city shall promptly refund the amount paid for the dismissed charges together with interest at the rate earned on the city's deposit in the local agency investment fund of the state controller's office for the period that the amount of the fine was held by the city.

E. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

1.22.110 – Recovery of administrative citation fines and costs.

A. The city may collect any past due administrative citation fines and late payment charges by use of all available legal means.

B. Any person who fails to pay an administrative citation fine, interest charge, or late payment charge owed to the city shall be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney's fees. Such collection costs shall be in addition to any penalties, interest and late charges imposed pursuant to this chapter.

1.22.120 – Right to judicial review.
6 Any person aggrieved by the decision of a hearing officer issued under this chapter by an administrative citation may obtain review of the administrative decision by filing a petition for review under Government Code §53069.4.

1.22.130 – Notices.

A. The administrative citation, all notices and all other documents required to be served by this chapter shall be served on the cited person by personal delivery or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person at their last-known business or residence address as the same appears in the public records pertaining to the matter to which such notice is directed.

Service by mail shall be deemed to have been completed at the time of deposit in the post office.

B. Failure to receive any notice specified in this chapter does not affect the validity of the proceedings conducted hereunder.

SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and 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. 7 Introduced at a regular meeting of the City Council on the 10th day of April, 2024, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT

ABSTAINED
Passed and approved at the regular meeting of the City Council on the 8th day of May, 2024, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
___________________________ _______________________________ Niel Locke, City Clerk Daniela Fernández, Mayor
APPROVED AS TO FORM:
________________________________
Dean J. Pucci, City Attorney

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 14
Subject: Consideration of Resolution 2024-11: A Resolution of the City Council of the City of Nevada City, State of California, Declaring a Stage 2 Water Shortage Alert and Implementing Actions Set Forth in the Nevada City Drought Action Plan.

From: Sean Grayson, City Manager
Michael Faudoa, Chief Plant Operator
Date: April 3, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

On March 27, 2024 the Nevada Irrigation District (NID) adopted their Resolution 2024-10 - Declaring A Water Shortage Emergency, Authorizing Extraordinary Water Conservation Rules and Regulations, and Authorizing Emergency Activities and Projects as Related to Pacific Gas and Electric Company’s (PG&E’s) Unplanned Outages on the South Yuba Canal and Spaulding. They provided the following information in their staff report:

On or about February 9, 2024, PG&E notified NID that a portion of the South Yuba Canal suffered a complete collapse rendering the South Yuba Canal inoperable. On March 6, 2024, PG&E’s Spaulding 1 powerhouse suffered a failure rendering the Drum Canal inoperable. These two combined failures have rendered it impossible to move water into the Drum and South Yuba Canals. Both canals serve as the delivery conduit to provide water to thousands of customers in the District.

It is anticipated that the demand for water will increase significantly with warming temperatures in the spring and summer months. The inability to move water from the District’s upper reservoirs will require reliance on Scott’s Flat and Rollins Reservoirstorage to deliver water during the outage period. PG&E has estimated that the repairs should be completed by June 8, 2024.

If the Drum and South Yuba Canal is not repaired by the June 8 target date, the District will not be able to fully serve the water needs and demands of irrigation water users. Therefore, it has been deemed necessary to implement water conservation for all District customers. At this point, staff is only recommending voluntary conservation measures and the prohibition of new or increased raw water services. Due to this water shortage and the potential for the outage to extend past June, staff is requesting the Board of Directors to consider a resolution declaring a water shortage and authorizing emergency water regulations, activities, and projects.

All water users in Nevada City are potentially impacted by the NID resolution of water shortage emergency.

The majority of the city are served by city water services while NID serves all other customers not served by the City. The City also utilizes NID as a contingency water supplier during drought and high heat summer months.

The Nevada City Drought Action Plan describes this scenario as a Non-Drought Related Emergency Water Shortage but the process remains the same as if it were drought caused. The voluntary nature of NIDs requested actions and that there is not a current lack of supply for Nevada City indicated a Stage 2 Water Shortage Alert by Nevada City is appropriate. The attached resolution declares that change to Stage 2. The requested actions are outlined in the resolution and are the same as the mandatory actions that would be required in a Stage 3 water shortage warning. Staff has routine communication with NID and anticipates additional action on their part. If NID takes additional action or should the circumstance persist there may be a need to escalate the stage for Nevada City.

Staff will work with businesses and residents to share the information and voluntary water reduction practices upon adoption of the resolution.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is aligned with the strategic initiative of WATER: Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and wastewater treatment capabilities. 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 2024-11
 Nevada City Drought Action Plan
 Nevada Irrigation District Resolution 24-10 Declaring Water Shortage Emergency RESOLUTION NO. 2024-11

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, DECLARING A STAGE 2 WATER SHORTAGE ALERT AND

IMPLEMENTING ACTIONS SET FORTH IN THE NEVADA CITY DROUGHT

ACTION PLAN
WHEREAS, on March 27, 2024, the Nevada Irrigation District (NID) adopted a resolution declaring a water shortage emergency related to Pacific Gas and Electric Company’s (PG&E’s) unplanned outages on the South Yuba Canal and Spaulding Reservoir and authorized water conservation regulations including a request of users to voluntarily reduce water usage by 20 percent; and
WHEREAS, a portion of the City of Nevada City is served by NID for water, the portions of the City not served by NID are served by City water services which use NID as a contingency water supply, which collectively indicate that all of Nevada City is potentially impacted by the NID declaration; and
WHEREAS, an evaluation of the city’s current water conditions indicates that the level of the city’s reservoir full at or above historical norms although this may not be sufficient should the NID shortage persist; and
WHEREAS, staff review of city conditions is that they are indicators necessitating the implementation of components of the Nevada City Drought Action Plan: A Water Shortage Contingency for the City of Nevada City (attached hereto and made a part hereof); and WHEREAS, conservation measures are warranted to ensure sufficient water supply for both fire suppression and potable residential and business use; and WHEREAS, the current conditions trigger Stage 2 of the plan; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Nevada City as follows:

1. The City of Nevada City hereby declares a Stage 2 Non-Drought Water Shortage Warning with voluntary water conservation measures with a goal of 20% conservation using the Stage 3 requirements as guidance for the voluntary measures as described herein and the City of Nevada City’s adopted Drought Plan.

2. The persons, businesses and agencies served water by the City of Nevada City, shall join with NID customers to conserve potable water, and shall strive in following the established standards, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency:

General Provisions
A. All customers are encouraged to reduce potable water use by 20 percent beginning April 11, 2024 as compared to the amount used from those sources for the same months in 2023 and continue to reduce water use by 20 percent until the water shortage alert is rescinded.

B. All customers are encouraged make conscious efforts to conserve water. Water is to be used for beneficial purposes only; all unnecessary and wasteful uses of water are prohibited.

Outdoor Irrigation
C. All customers should limit outdoor irrigation of ornamental landscapes as follows:
i. Continue watering no more than two days per week;
ii. Limit watering to the evening and early morning hours only (8:00 p.m. to 9:00 a.m.) to prevent water loss from evaporation;
iii. Sprinklers shall be avoided in favor of drip and micro-spray irrigation systems and hand watering;
iv. Do not water past the point of saturation;
D. Customers should inspect systems and make a reasonable effort to repair water leaks in toilets, plumbing fixtures and water lines within 24 hours; adjust spray heads to provide optimum coverage and eliminate avoidable over-spray; change run-time for valves consistent with weather fluctuations; reduce minutes of run-time for each irrigation valve if water run-off is occurring;
E. Outdoor irrigation of ornamental landscapes should remain on the intended vegetation and not cause runoff to adjacent property, non-irrigated areas, roadways, parking lots, or structures;
F. Customers should use automatic shut-off nozzles on all hoses; G. Customers should not use potable water on outdoor landscapes within 48 hours of measurable rainfall (i.e., precipitation having a water content of at least 0.01 inch (0.25 mm);
H. Irrigation of outdoor landscapes of newly constructed homes and buildings shall occur in a manner consistent with regulations established by the California Building Standards Commission and the Department of Housing and Community Development; I. Municipal users should not use potable water to irrigate ornamental turf on public street medians;
Other Outdoor Uses:

J. Customers should wash cars, boats, trailers, or other vehicles only with a hose equipped with an automatic shut-off nozzle and bucket;
K. Customers should use re-circulating water only in ornamental fountains, ponds, or lakes, and shall post signage nearby that states that re-circulated water is being used; L. Customers should not use potable water to wash or otherwise clean or clear sidewalks, walkways, driveways, parking lots, or other hard surfaced areas; Commercial Uses
N. Eating and drinking establishments should serve drinking water only upon customer request;
O. Operators of hotels and motels should launder towels and linens of multiple-day guests only upon the specific request of guests, and shall provide prominent notice in each guestroom that guests have the option to not launder towels and linens on a daily basis in order to promote water conservation;

PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City Council on the 10th day of April 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________
Daniela Fernández, Mayor
ATTEST:
____________________________________
Niel Locke, City Clerk
March 2015

DROUGHT

ACTION PLAN

A WATER SHORTAGE CONTINGENCY STRATEGY
for the CITY OF NEVADA CITY
Prepared by
Burdick & Company
Nevada City Water Shortage Contingency Plan 2

DROUGHT ACTION PLAN
A Water Shortage Contingency Strategy
for the City of Nevada City

TABLE OF CONTENTS
Page

1. How to Use This Plan 3

2. Water Shortage Stages 4

3. Water Shortage Declaration Triggers 6

4. City Implementation Actions by Water Shortage Stage 7

5. Customer Actions by Water Shortage Stage 10

6. Outreach: Public Information and Education 13

7. Crisis Communication Plan (Drought Stage 5) 16

APPENDICES
Appendix A: Water Shortage Planning Overview and Plan Maintenance Appendix B: Precipitation Patterns, Drought History, and Climate Change Appendix C: Nevada City Water Supply and Demand
Appendix D: Water Shortage Impact Avoidance
Appendix E: References
Nevada City Water Shortage Contingency: Drought Action Plan 3 Drought Action Plan:

A Water Shortage Contingency Strategy
This document presents the Drought Action Plan (“Drought Plan”), also known as the Water Shortage Contingency Plan, for the City of Nevada City, California. This plan identifies actions and procedures to enable the City government to prepare for, identify, and respond to a drought or other water shortage. The objective of the plan is to help Nevada City preserve essential public services and minimize the effects of a water shortage on public health and safety, economic activities, environmental resources, and the individual lifestyles of its community members.

1. HOW TO USE THIS PLAN
This Water Shortage Contingency Plan has been formatted as an implementation action plan for the City in time of drought or water shortage of any kind. The plan itself describes five stages of water shortage, with each additional stage representing a progressively worsening and critical situation.

The document further describes circumstances that would trigger use of the plan, specific actions for City staff to take during each of the stages, as well as specific actions for water customers to take.

The appendices provide background and other pertinent and useful information:

Appendix A - Water Shortage Planning Overview and Plan Updates and Revisions: This section describes the need for and objectives of the plan, resources used in the preparation of the plan, and a guide for updating the plan.

Appendix B - Precipitation Patterns, Drought History, and Climate Change: Appendix B provides the history of precipitation and drought in the Nevada City area and briefly discusses the potential impacts of climate change on Nevada City’s precipitation patterns.

Appendix C - Nevada City Water Supply and Demand: This appendix describes the water supply system infrastructure in Nevada City, current and predicted sources of water into the future, and predicted growth patterns and how those patterns might influence water supply and demand.

Appendix D - Water Shortage Impact Avoidance: Appendix D identifies water conservation measures that Nevada City has already taken to help avoid water shortages and reduce the impact of shortages when they do occur, as well as future impact avoidance measures the City has committed, or may commit, to taking.

Appendix E – References: The References are both source material for this Plan and reference material for further research on the part of the City or its constituents.

Nevada City Water Shortage Contingency: Drought Action Plan 4

2. WATER SHORTAGE STAGES
Drought-Related Water Shortages
Prior to the beginning of the irrigation season, but no later than April 1 of each year, Nevada City will evaluate its current reservoir storage, forecasted runoff/snowmelt, and purchase options from Nevada Irrigation District (NID) to determine which water supply stage will apply during the year.

The survey information from California Department of Water Resource’s California Cooperative Snow Surveys will be paramount to evaluating water supply stage and will be used to make a preliminary determination of the City’s water supplies.

Other (Non-Drought-Related) Emergency Water Shortages
For an infrastructure-related failure, water delivery options will be immediately evaluated and a staff recommendation made to the City Council.

Normal Water Years
The City currently supplies about 900 acre feet (AF) of water per year for all classes of customers, with 600 AF coming from Little Deer Creek (water allocations to Nevada City are 50 AF/month) and the needed balance coming from NID, In the past, this has typically been in months of dry weather and high usage, generally from around June to September.

There is no carry-over storage from water season to water season, with the exception of the 53-AF City reservoir storage, an amount of storage that typically comprises less than a month of the City’s water needs.

The City has pre-1914 water rights on Little Deer Creek and does not have any in-stream flow requirements of which the City is aware. See Appendix C for more information on water supply and demand.

Water Shortage Stages
There is no statewide standard for water shortage stages; purveyors determine stages appropriate for their particular circumstances. The following drought stages and water supply conditions were identified for Nevada City based on review of guiding public documents, discussion with City staff, use of samples of other small communities’ drought plans and NID’s drought stages.

Consistency with NID’s water shortage stages is important, given that NID provides water during the dry season when shortages are more likely to occur. However, it should be noted that as a water purveyor, Nevada City may call a drought stage independently of NID, and the State may impose voluntary or mandatory restrictions as well. If and when the State imposes restrictions, they may or may not coincide with NID’s and Nevada City’s stages and customer action type, i.e., voluntary or mandatory.

Nevada City Water Shortage Contingency: Drought Action Plan 5 Table 1. Water Shortage Stages
Stage
Water
Shortage
Type
Water Supply
Available on
April 1*
(or beginning of
irrigation season,
whichever comes
first)
Water Supply
Available
(% of normal)
Customer Action
Type
Water
Demand
Reduction
Goals1
1 Normal 71.25-75
AF/mo.
95-100% None or voluntary 0-5%
2 Alert 63.75-67.5
AF/mo.
85-95% Voluntary 5-15%
3 Warning 56.25-63.75
AF/mo.
75-85% Mandatory 15-25%
4 Emergency 48.75-56.25
AF/mo. 65-75% Mandatory 25-35%
5 Crisis 37.5-48.75
AF/mo. 50-65% Mandatory 35-50%
* Based on 900 AF/year of average and projected water usage, which equates to 75 AF per month on average.

1 Demand reduction goals should be re-evaluated at regular intervals; see Plan Maintenance in Appendix A.

Nevada City Water Shortage Contingency: Drought Action Plan 6

3. WATER SHORTAGE DECLARATION TRIGGERS
As noted above, in normal years, Nevada City receives the majority of its water from Little Deer Creek and supplements this with water from NID in months of high usage. If NID declares a drought stage during this time, Nevada City and its customers will also be affected, with the same (or greater) conservation measures required. However, because Nevada City is itself a water purveyor, Nevada City may declare a drought stage independently of NID. Further, the State may declare a water shortage at any time, which will also affect Nevada City and its customers.

The following table identifies the thresholds, or “triggers,” for declaring a Water Shortage. The description section includes a general characterization of the amount of reduction for Stages 2 through 5 (i.e., minimally, moderately, severely and critically), and whether supplies are meeting or expected to meet demands. These descriptions can be useful when communicating with customers and the public.

Table 2. Water Shortage Declaration Triggers
NOTE: The State Water Resources Control Board may at any time declare a water shortage emergency that affects all Californians. The declaration, generally in the form of emergency regulations, will describe specific measures called for by customers and water purveyors, as well as whether measures are voluntary or mandatory.

Stage Description of Water Situation Trigger for Declaring Water Shortage 1 0-5% shortage
 Supplies available to meet
demands.
 Normal or near normal operating
stage for the water system
No water shortage declared
2 5-15% shortage
 Probability that supplies will not
meet normal demands
 Minimally reduced supplies
 When NID board declares a Stage 2 Water
Shortage, and/or
 When the Nevada City water storage levels fall
below 85-90% of storage capacity
3 15-25% shortage
 Supplies will not be able to meet
expected demands
 Moderately reduced supplies
 When NID board declares a Stage 3 Water
Shortage, and/or
 When the Nevada City water storage levels fall
below 75-85% of storage capacity
4 25-35% shortage
 Supplies not meeting current
demands
 Severely reduced supplies
 When NID board declares a Stage 4 Water
Shortage, and/or
 When Nevada City water storage levels fall
below 65-75% of storage capacity
5 35-50% shortage
 Supplies not meeting current
demands
 Critically reduced supplies
 When the NID board declares a Stage 5 Water
Shortage Alert, and/or
 When the Nevada City water storage levels fall
below 35-50% of storage capacity.

Nevada City Water Shortage Contingency: Drought Action Plan 7

4. CITY IMPLEMENTATION ACTIONS BY WATER SHORTAGE STAGE
The following describes recommended actions to be taken by City staff at each progressive stage of water shortage. Measures not described below may be necessary in certain situations, and it will be incumbent on the experience and discretion of City staff to take actions necessary to protect public health and safety, environmental health, and economic resources – including seeking guidance or approval from the City Council if needed.

In general, each additional stage is likely to require additional staff time and other City resources (e.g., engineering, billing, mailings, response to public questions and concerns, internal communications, and external communications with the media and others).

Please refer to Appendix D for measures the City has implemented or will consider implementing as part of its proactive water shortage impact avoidance strategies.

Water Shortage Response Team
The City Council established a Nevada City Water Shortage Response Team to coordinate responses to drought conditions and other water shortages (see Appendix A for more on roles and responsibilities). The team make-up is as follows, with City Manager as Team Leader:

1. City Manager: Team Leader

2. Director of Public Works

3. City Engineer

4. Water Treatment Plan Operator

5. Finance Director/Human Resources & Risk Manager

6. Administrative Senior Clerk/Deputy City Clerk

7. City Attorney
City Implementation Actions by Stage
Stage 1: Normal Water Conditions (0-5% shortage) – City Actions A. Make full water supply deliveries to customers.

B. Operate and maintain water system in efficient and economical manner; conduct distribution system water audit, leak detection, and repair; minimize reservoir spills; conduct well maintenance.

C. Annually review and, if necessary, update current conservation plans and system storage.

D. Explore options to increase City’s use of recycled wastewater and use of non-potable water for non-potable uses.

E. Ensure that municipal water use shall be used for beneficial purposes only; all unnecessary and wasteful uses of water are prohibited.

F. Ensure that municipal water shall be confined to City property and shall not be allowed to run off to adjoining properties or to the roadside ditch or gutter. Care shall be taken not to water past the point of saturation.

G. Continue to provide incentives to residential customers to reduce water consumption, including plumbing retrofit (free low-flow showerheads, financial rebates for purchase and installation of ultra-low-flow toilets) and toilet leak detection tablets.

Nevada City Water Shortage Contingency: Drought Action Plan 8 H. Explore new customer incentives to reduce water consumption, e.g., high-efficiency washing machine rebate programs. Annually evaluate City’s “WaterWise” program for effectiveness.

I. Encourage voluntary customer water conservation through ongoing quarterly public information and education efforts about need for and benefits of conservation, including specific recommendations for calculating water use and conservation actions. Update and maintain water conservation information on City’s website. Consider possible school education efforts. Encourage voluntary conservation programs for commercial, industrial and institutional accounts. Encourage non-residential large landscape conservation.

J. Respond to customer requests, e.g., leak detection, wasteful water practices.

K. Maintain usage records to track outcome of water conservation efforts. Strive for 20% reduction of water use by 2020 (see DWR’20x202 Water Conservation Report for baseline).

Stage 2: Water Shortage Alert (5-15% shortage) – City Actions A. Continue to implement Stage 1 measures while also implementing Stage 2.

B. Begin public information campaign with clear message. i. Explain drought situation to public and government bodies. ii. Explain other stages and forecast future actions.
iii. Inform customers of water use reduction targets, and request voluntary water conservation with specific recommendations for action to reach targets by using a bill insert, as well as other materials as appropriate. iv. Encourage all customers to know how much water they use and describe how they can achieve this.
v. Ensure City actions visibly demonstrate leadership in responding to water shortage. vi. Review monthly, and update as needed the water conservation section of City’s webpage, including current drought information (e.g., stages, actions, voluntary or mandatory).

B. Reduce municipal water usage by 5-15%, both inside and outside.

C. Limit fire department practice drills and flow testing of fire hydrants.

D. Limit City’s water pipe flushing program to areas required by regulation or as needed to ensure good drinking water quality.

E. Develop procedure for customer reporting of wasted water (if not already in place).

F. Monitor water demand monthly to assess water savings accomplished.

G. Assess current drought stage monthly with current demand and supply information, and considering potential future hydrologic conditions.

Water Shortage Response Team Leader convenes Water Shortage Response Team as needed, and provides monthly updates to City Council members, and other agencies.

Stage 3: Water Shortage Warning (15-25% shortage) – City Actions A. Continue to implement Stage 1 and 2 measures while also implementing Stage 3.

B. Provide monthly updates to media and public on water supply conditions, status of community demand reduction response, and recommended conservation measures, to be determined by City Council needs and/or severity of situation.

C. Reduce municipal water usage by 15-25%, both inside and outside.

D. Encourage that all treated water-metered school grounds and other public grounds reduce their water usage by 15%.

C. Ensure that on all City properties (e.g., buildings, landscapes, playing fields, irrigation equipment and timing) comply with all Stage 1-3 demand reduction measures that it is asking of its customers.

Nevada City Water Shortage Contingency: Drought Action Plan 9 D. Monitor water demand monthly to assess water savings accomplished.

E. Assess current drought stage monthly with current demand and supply information, and considering potential future hydrologic conditions.

F. Water Shortage Response Team Leader convenes Water Shortage Response Team as needed, and provides bi-weekly updates to City Council members and other agencies as needed.

G. When available, implement conservation pricing on treated water, e.g., water shortage rate structure (change the water rate structure from a uniform rate to an inclining block rate), or drought surcharge.

H. Stage 3 is beginning of mandatory conservation measures; begin enforcement procedures (once they are in place).

Stage 4: Water Shortage Emergency (25-35% shortage) – City Actions A. Continue to implement Stages 1, 2 and 3 while also implementing Stage 4.

B. Ensure that on all City properties, City complies with all demand reduction measures (Stages 1- 4) that it is asking of its customers, including reducing municipal water usage by 25-35%.

C. Strengthen enforcement procedures as necessary (once they are in place).

D. Monitor water demand weekly to assess water savings accomplished.

E. Assess drought stage every two weeks with current demand and supply information, and considering potential future hydrologic conditions.

F. Water Shortage Response Team Leader convenes Water Shortage Response Team and provides updates weekly to City Council members and other agencies as needed.

G. Provide weekly updates to media and public on water supply conditions, status of community demand reduction response, recommended conservation measures, and enforcement information, including fines and reporting procedures.

Stage 5: Critical Water Shortage Emergency (35-50% shortage) – City Actions
A. Intensify implementation of all measures in Stages 1 through 4.

B. Reduce City’s water usage by 35-50%. Ensure that on City properties, City complies with the Stage 1-5 demand reduction measures that it is asking of its customers.

C. Water Shortage Response Team Leader convenes Water Shortage Response Team weekly (or more often, depending on the nature of the crisis), and provides updates to City Council members and other agencies as needed.

D. Implement crisis communication plan (see Section 7).

E. Activate emergency notification lists (see Section 7).

F. Coordinate with California Department of Public Health regarding water quality, public health issues and with law enforcement, and other emergency response agencies to address enforcement challenges.

G. Provide weekly (or more often, depending on the nature of the crisis) updates to media and public on water supply conditions, status of community demand reduction response, and recommended conservation measures.

H. Implement mandatory water rationing, including per capita water use allocations for residential customers, if/as appropriate.

I. Consider any additional measures than may be taken in crisis situation to further reduce water demand and/or identify additional supplies.

Nevada City Water Shortage Contingency: Drought Action Plan 10

5. Customer Actions by Water Shortage Stage
The following describes recommended restrictions and other actions to be taken by Nevada City water customers at each progressive stage of water shortage. As a water purveyor, it is incumbent upon the City to notify customers of water shortage conditions, conservation measures, and whether the measures are voluntary or mandatory (mandatory actions begin in Stage 3).

If and when the State issues emergency regulations pertaining to water conservation, they pertain to all of the citizens, businesses and agencies of California. The restrictions and other actions called for in the State’s emergency regulations take priority, and may or may not be consistent with local drought plans.

Stage 1: Normal Water Conditions (0-5% shortage) Customer Actions VOLUNTARY:

A. Make conscious efforts to conserve water. Water is to be used for beneficial purposes only; all unnecessary and wasteful uses of water are prohibited.

B. Water is to be confined to the customer’s property and not allowed to run off to adjoining properties, sidewalks, ditches, gutters or storm drains.

C. Residential, garden, and landscape water use:
i. Limit watering to the evening and early morning hours only (9 pm to 9 am); avoid use of sprinklers.
ii. Do not water past the point of saturation.
iii. Irrigation systems: inspect systems and repair leaks; adjust spray heads to provide optimum coverage and eliminate avoidable over-spray; change run-time for valves consistent with weather fluctuations; reduce minutes of run-time for each irrigation valve if water run-off is occurring.

D. Use automatic shut-off nozzles on all hoses (no free-flowing hoses).

E. Do not wash cars, boats, trailers or other vehicles except by hose with an automatic shut-off nozzle and bucket.

F. Do not hose or wash sidewalks, walkways, driveways, parking lots or other hard surfaced areas.

G. Make a reasonable effort to repair water leaks in toilets, plumbing fixtures and water lines within 24 hours.

H. Take advantage of the City’s water conservation incentives, including free low-flow showerheads, free toilet leak detection tablets, and rebates for low-flow toilets (see nevadacityca.gov/water).

I. Implement additional voluntary conservation measures for both short-term and longerterm water savings (see Section 6: Outreach: Public Information and Education).

Stage 2: Water Shortage Alert (5-15% shortage) Customer Actions VOLUNTARY:

A. Reduce water use by 5-15% from prior year for similar billing period according to bill insert instructions provided by the City.

B. Intensify implementation of Stage 1 measures.

Nevada City Water Shortage Contingency: Drought Action Plan 11 Stage 3: Water Shortage Warning (15-25% shortage) Customer Actions MANDATORY:

A. Reduce water use by 15-25% from prior year for similar billing period.

B. Water is to be confined to the customer’s property and not allowed to run off to adjoining properties, sidewalks, ditches, gutters or storm drains.

C. Residential, garden, and landscape water use:
i. Residential, garden, and landscape watering shall be limited to two days per week.
ii. Limit watering to the evening and early morning hours only (9 pm to 9 am); avoid use of sprinklers.
iii. Do not water past the point of saturation.
iv. Irrigation systems: inspect systems and repair leaks; adjust spray heads to provide optimum coverage and eliminate avoidable over-spray; change run-time for valves consistent with weather fluctuations; reduce minutes of run-time for each irrigation valve if water run-off is occurring.

D. Use automatic shut-off nozzles on all hoses (no free-flowing hoses).

E. Do not wash cars, boats, trailers or other vehicles except by hose with an automatic shut-off nozzle and bucket.

F. Do not hose or wash sidewalks, walkways, driveways, parking lots or other hard surfaced areas.

G. Make a reasonable effort to repair water leaks in toilets, plumbing fixtures and water lines within 24 hours.

H. Require all commercial customers to prominently display “save water” signage and develop conservation plans.

I. Restaurant owners shall serve water only when requested by the customer, and shall provide on each table a notice of water shortage.

J. Hotel and motel operators shall post a notice of water shortage and tips for water conservation in each room.

K. Use re-circulating water only in ornamental fountains, ponds or lakes, and post signage nearby that states that re-circulated water is being used.

Stage 4: Water Shortage Emergency (25-35% shortage) Customer Actions MANDATORY:

A. Reduce water use by 25-35% from prior year for similar billing period.

B. Continue and intensify implementation of measures from Stages 1 through 3, as appropriate.

C. Do not refill a swimming pool, spa or hot tub unless it is equipped with a cover.

D. Do not use potable water for cleaning, irrigation and construction purposes (including but not limited to dust control, settling of backfill, flushing of plumbing lines, and washing of equipment, buildings and vehicles).

Nevada City Water Shortage Contingency: Drought Action Plan 12 Stage 5: Water Shortage Crisis (35-50% shortage) Customer Actions MANDATORY:

A. Reduce water use by 35-50% from prior year for similar billing period.

B. Mandatory water rationing, including per capita water use allocations for residential customers if necessary. Water Crisis/Emergency tiered pricing will be in place.

C. Prohibit outdoor irrigation.

D. No water for recreational purposes; close pools.

E. Otherwise, intensify implementation of demand reduction measures in Stages 1 through 4, as appropriate.

F. The primary objective during critical drought conditions is protection of water supply for public health and safety purposes. Water shall be allocated in the following priority per California Water Code:

1. Human Consumption

2. Livestock and animals

3. Perennial crops

4. Annual crops
Nevada City Water Shortage Contingency: Drought Action Plan 13

6. Outreach: Public Information and Education
The success of any water conservation effort is dependent upon successfully influencing customers to change their water use behaviors. There is no shortage of water conservation information available; rather surveys show that some customers feel overwhelmed by the amount of information and choices and, as a result, do nothing.

The most effective efforts to change customer behavior draw on the social sciences to develop more sophisticated and effective strategies and materials. In the Spring/Summer 2015 timeframe, City staff will work to develop such an approach for the City to use for various drought stages and for longer-term conservation. (In the same time frame the following drought-related topics will be under consideration and brought forward to the City Council by staff: conservation pricing; conservation incentives; enforcement structures.) The Drought Plan may be amended to include these topics and materials.

Public Notification of Water Shortage and Required or Requested Customer Actions At a minimum, when a Drought Stage is announced, a press release should be prepared, approved by the City Manager, and distributed to local media (see below for media contact list), and water shortage notice and conservation instructions should be provided in water customer bills (see below for sample bill insert announcing state-mandated conservation actions), making clear which actions are voluntary (if any), and which are mandatory.

It is important to provide clear and targeted messages with specific guidance on what actions are requested or mandated. “Government language” can be perceived by the public as stilted and confusing; the most effective messages will use simple messages, short sentences, and provide no more than one to three recommendations (unless mandated actions call for more). As much as possible information and education materials should be targeted to specific audiences, e.g., residential water customers, businesses.

The State Department of Water Resources has partnered with the Association of California Water Agencies to create SaveOurWater.org, a non-profit entity set up to provide effective information and educational materials and opportunities developed by communications professionals, and will be a valuable resource for City staff tasked with communicating with customers. That and select other websites appear below.

For including in public information:

SaveOurH2O.org (State DWR and ACWA; toolkit for customers) For use by City staff:

SaveOurWater.org (State DWR and ACWA; public info samples; business toolkit) CA.com/drought (State drought site)
ACWA.com (Association of California Water Agencies)
RCAC.org (Rural Community Assistance Corp.)
EPA.gov/watersense (Federal site; checklists for customers, how to fix leaks, etc) Nevada City Water Shortage Contingency: Drought Action Plan 14 SAMPLE: DROUGHT EMERGENCY NOTICE for NEVADA CITY

STATE-MANDATED CUT BACK OF OUTDOOR WATER USE
Beginning immediately, the following are
PROHIBITED:

1. Irrigating outdoors more than two days per week is prohibited.

2. Run-off in outdoor landscapes: Using potable water to water outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures is prohibited.

3. Washing vehicles without a shut-off nozzle: Using a hose that dispenses potable water to wash a motor vehicle, unless the hose is fitted with a shut-off nozzle, is prohibited.

4. Hosing down sidewalks and driveways: The application of potable water to any driveway or sidewalk is prohibited.

5. Running fountains that do not re-circulate water: Using potable water in a fountain or decorative water feature, unless the water is re-circulated, is prohibited.

Prohibitions apply except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a state or federal agency.

Dear Nevada City Water Customer: June xx, 2015
California is in extreme drought. Many are already taking bold steps to conserve water, and if you’re among them, we thank you. In April the state announced mandatory 25% water conservation targets. To ensure that water demands can be met statewide, the State Water Resources Control Board on May XX took emergency action requiring that water suppliers and all citizens step up conservation efforts.

The fastest way to achieve significant savings without undue burden on customers is by reducing outdoor water use, and that is the focus of these mandatory prohibitions.

The State authorized a variety of measures to get customers to meet goals, including fines (as much as $500 per day), raised rates, shut-offs and other similar measures, as well as establishing the possibility of non-compliance fines for the City of up to $10,000 per day. In response, the City of Nevada City on April XX passed a resolution officially putting the City under drought conditions and prohibiting the above uses of potable water.

The City prefers not to use harsh measures to get customers to conserve more. If we all pull together to achieve this 20 percent reduction, stricter, more burdensome and costly measures may not be required. Please be a waterwise neighbor and, if you’re not already, at minimum, reduce your outside water use by honoring these mandatory prohibitions. ~ Thank you!
The drought is on!
REDUCING OUTSIDE WATER USE is our BEST OPTION to SAVE WATER. Start Today! City of Nevada City * 503-265-2496 * nevadacityca.gov
Nevada City Water Shortage Contingency: Drought Action Plan 15 Media Contacts for Nevada City
Newspapers
The Union (daily + online)
464 Sutton Way, Grass Valley, CA 95945
phone: (530) 273-9561
theunion.com
[email protected]
Classified Advertising: (530) 273-9567; [email protected] Editorial: (530) 477-4249; [email protected]
Hot News Tip line: (530) 477-4272
The Nevada City Advocate (monthly + online)
nevadacityadvocate.com
Yubanet (daily + online only)
530-478-9600
[email protected].
yubanet.com
Radio Stations
KNCO (830 AM)
News-talk, ABC affiliate, Grass Valley
Business Line (530) 272-342
Listener Line (530) 477-5626
KNCO.com
KUMR (89.5 FM)
Independent Community Radio, Nevada City
https://www.kvmr.org/
Press releases: [email protected]
PSA and Community Calendar: https://www.kvmr.org/submit-psa (Events calendar may be able to use photo)
revised: February 2015
Nevada City Water Shortage Contingency: Drought Action Plan 16

7. Crisis Communication Plan (Drought Stage 5)
This Crisis Communication Plan is to be implemented during a Stage 5 drought or other water shortage crisis, such as an infrastructure failure. The Plan consists of scripted messages to be developed based on the circumstances and needs of the situation, and an emergency notification list.

For water shortage disasters, the Nevada City Disaster Plan, revised January 1, 2011 or later, shall be used to guide relief operations. This Crisis Communication Plan is intended to augment, not replace the Disaster Plan, and provides guidance only for the public and internal communication component of emergency operations.

Scripted Messages
When an emergency occurs, the need to communicate is immediate. If business operations are disrupted or water delivery is diminished or threatened, customers will want to know how they will be impacted. Regulators may need to be notified, and other local governments will want to know what is going on in the community. Employees and their families may be concerned and want information.

Each audience will seek—and should be provided with-- information that is specific to them (e.g., residential customers, businesses, regulators, media). Table F-1 below can be used by staff to help develop that targeted information, and must be approved by the City Manager (or his or her designee) prior to use.

Staff should recognize that in a crisis situation there may be limited information about the incident or its potential impacts, and that the “story” may change many times as new information becomes available. It will be important to release information in an organized and coordinated fashion, with one person or department (generally the City Manager or his or her designee) serving as the contact with media.

One of the aims of the crisis communication plan is to ensure consistency of message. If one audience is presented with a particular message and another audience is presented with a different message, it will increase confusion and shake confidence by raising questions of competency and credibility. Internal protocols need to be established to ensure that the core of each message is consistent while addressing the specific questions from each audience.

It will be important to move as quickly as possible from simply reacting to the incident, to proactively developing and managing a strategy to overcome the incident. Management needs to develop the strategy, with both management and staff implementing the strategy. Allaying the concerns of each target audience will help ensure that customers receive the highest possible level of service within the emergency context, and will help position the City to emerge from the incident with its reputation intact.

Table F-1 below provides examples of questions that may arise from various target audiences to help staff develop scripted messages appropriate for the circumstances and conditions of a Stage 5 Nevada City Water Shortage Contingency: Drought Action Plan 17 drought or other water shortage crisis. These messages should be stored on a remotely accessible server for quick editing and release when needed, and hard copies should also be available.

Table F-1 is to be completed and distributed to all employees during Drought Stage 5 conditions. It should include instructions for directing all media inquiries to the City Manager (or his or her designee), and updated regularly as the situation changes.

Emergency Notification List
The entities that must be contacted will likely depend on the circumstances of the crisis. The Emergency Notification List includes an array of agencies and other contacts that are likely to be needed and it should be completed with names, phone numbers and email addresses by April 1 of each year (or before the irrigation season begins, whichever comes first) – do not wait for a crisis to occur and then try to locate the information. When considering additional entities to contact, consider all regulatory agencies that may be pertinent, as well as all interests and entities that may be affected by the crisis.

Nevada City Water Shortage Contingency: Drought Action Plan 18 Table F-1. Scripted Messages Template
NOTE: Direct all media inquiries to the City Manager (or his or her designee): Phone _____ Email _____ Revised: (date and time, by whom)
Contact /
Target
Audience
Sample Questions City Response
Customer/
Community
“When will water flow return to
normal?”
“Is my water use restricted now? If so,
when will the restrictions be lifted?”
“What will you give me to compensate
for any damages to my property
(landscape die-off, etc.)?”
“What are you going to do to prevent
this from happening again?”
Employee “Will this water shortage affect my
job?”
“Will I get paid during any times of
reduced operation?”
Government
Regulator
“When did it happen?” “What
happened (details about the
incident)?” “What are the impacts
(injuries, deaths, environmental
contamination, safety of consumers,
etc.)?”
Elected
Official
“What is the impact on the
community in terms of public safety?
The, environment? The economy?”
“How many employees will be
affected?”
“When will the situation return to
normal?”
Supplier (NID)
Nevada City Water Shortage Contingency: Drought Action Plan 19 News Media
See also
Elected Official
and all other
target
audiences for
questions
reporters
might ask.
“What are the current water supply
conditions?”
“What is the status of the community
demand reduction response”
“What is the status of conservation
measures?”
“What is the estimated loss?”
“What caused the incident?”
“What are you going to do to prevent
it from happening again?”
“Who is responsible?”
Nevada City Water Shortage Contingency: Drought Action Plan 20 Table F-2. Emergency Notification List
Entities to Contact* Means of Contact Person/s Responsible for Communication with Entities
Community
 Customers
 Residents
 Businesses
Radio/website/newspaper
announcements, social media
(Facebook, Twitter, etc.), flyers, mailers,
handouts, banners, Chamber of
Commerce
Water Shortage Response Team Leader
(currently City Manager) and other City
staff
City Council Council meeting or individual contact Water Shortage Response Team Leader (currently City Manager)
Agencies
 Nevada Irrigation District
 Nevada County
 City of Grass Valley
 Department of Water Resources
 Central Valley Regional Water
Quality Control Board
 California Department of Fish
and Wildlife
 US Army Corps of Engineers
 US EPA
Telephone and email Public Works Director or representative Media
 KNCO
 KVMR
 YubaNet
 The Union newspaper
 Social media sites, e.g., Nevada
City Chamber of Commerce
Telephone and email Water Shortage Response Team Leader (currently City Manager)
Staff and Families (as needed) Email or one-on-one conversations City Manager or Department Managers *The entities contacted will vary depending on the nature of the emergency or crisis.

RESOLUTION NO. 2024-10

OF THE BOARD OF DIRECTORS OF THE NEVADA IRRIGATION DISTRICT

DECLARING A WATER SHORTAGE EMERGENCY, AUTHORIZING

EXTRAORDINARY WATER CONSERVATION RULES AND REGULATIONS, AND

AUTHORIZING EMERGENCY RESPONSE ACTIVITIES AND PROJECTS
WHEREAS, the Nevada Irrigation District (District) is a California Irrigation District formed and existing pursuant to Division 11 of the California Water Code and is empowered to provide water for residential, commercial, industrial, agricultural, environmental, fire protection and prevention and other beneficial uses of water; and WHEREAS, the South Yuba Canal, and Drum Canal are owned and operated by Pacific Gas and Electric Company (PG&E), but are operated in coordination with District’s water storage and distribution facilities and are integral components of the District’s water system, including being the primary conduits for conveying water to District water users located in Nevada and Placer Counties; and
WHEREAS, on or about February 9, 2024 a portion of the South Yuba Canal suffered a complete collapse rendering the South Yuba Canal inoperable; and WHEREAS, on March 6, 2024, PG&E’s Spaulding 1 powerhouse suffered an unscheduled outage/failure rendering the Drum Canal inoperable; and WHEREAS, the Drum and South Yuba Canals serve as the water conveyance facilities that provide water to thousands of customers of the District serving numerous necessary and beneficial uses of water; and
WHEREAS, demand for water from District facilities occurs year round; however, those demands will begin to increase significantly with warming temperatures in spring and summer and with the onset of the District’s irrigation season on April 15, 2024; and WHEREAS, the Drum and South Yuba Canal failures will force the District to rely on limited water storage to supply customer demands in the spring and summer months; and
WHEREAS, PG&E currently forecasts repair of the Canals by June 8, 2024; and WHEREAS, if the Drum and South Yuba Canal are not repaired by the June 8, 2024 target date, the District’s limited water storage supplies may be exhausted and may not be able to fully serve the water needs and demands of irrigation water users; and WHEREAS, in light of emergency conditions, and in accordance with California Water Code Sections 350 et seq. and 375 et seq., the Board of Directors of Nevada Irrigation District finds that the public interest demands that it declare a water shortage 3 Resolution No. 2024-10 - Declaring a Water Shortage Emergency, Authorizing Extraordinary Water Conservation Rules and Regulations, and Authorizing Emergency Response Activities and Projects

Page 2 ends

emergency condition prevailing within the area served by the District with supplies derived from the Drum and South Yuba Canals because the Board finds and determines that the ordinary demands and requirements of water consumers served cannot be satisfied without depleting the water supply to a level where there is insufficient water for all necessary and beneficial uses, including human consumption, sanitation, fire protection, municipal and agricultural; and
WHEREAS, pursuant to Water Code section 351, the failure or breakage of the Drum and South Yuba Canals have caused an immediate emergency; therefore, the declaration of water supply emergency may be made by the Board of Directors of the District without holding a public hearing and without advance publication of notice of hearing; and
WHEREAS, when the Board of Directors of the District has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such reasonable regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of the Board of Directors to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection; and
WHEREAS, the regulations and restrictions may include the right to deny applications for new or additional service connections, enforcement of rotations and rationing of water for irrigation use, implementation of water conservation measures, and provision for their enforcement by reducing or discontinuing service to customers willfully or repeatedly violating the regulations and restrictions; and WHEREAS, projects, including the actions to be undertaken pursuant to this Resolution, to mitigate or to address an emergency are exempt from the California Environmental Quality Act (CEQA); and

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NEVADA IRRIGATION DISTRICT AS FOLLOWS:

1. The above recitals are true and correct and hereby declared to be findings of the Nevada Irrigation District.

2. The Board finds and determines that the failure of Drum and South Yuba Canals have created an emergency where the ordinary demands and use of water by District customers cannot be satisfied without depleting the District’s water supply.

Given the emergency, and in the absence of emergency response, there would be insufficient water for all beneficial uses of water delivered and used by the District, including human consumption, sanitation, residential, fire protection and prevention, and agricultural uses within the area served by the supplies from the Drum and South Yuba Canals.
4 Resolution No. 2024-10 - Declaring a Water Shortage Emergency, Authorizing Extraordinary Water Conservation Rules and Regulations, and Authorizing Emergency Response Activities and Projects

Page 3 ends

3. The Board finds and determines that the failure of the Drum and South Yuba Canals have caused a sudden, unexpected, and immediate emergency, and that a public hearing need not and cannot be conducted prior to adoption of this Resolution declaring emergency. However, the Board of Directors directs District staff to publicly notice via the District’s website and other communication outlets to actively communicate with District customers regarding this emergency and the actions, including water conservation measures, authorized herein.

4. The Board finds and determines that the failure of the Drum and South Yuba Canals require immediate action to undertake emergency maintenance, repair and construction activities to preserve essential public services needed to protect persons and property and that such projects are exempt from CEQA and other applicable or potentially applicable laws or regulations.

5. The Board hereby appoints and authorizes its General Manager to take appropriate emergency actions that are necessary to mitigate the emergency water shortage and as needed for the protection of persons and property, including construction projects such as emergency interties, and further to adopt and publish such reasonable regulations and restrictions on the delivery of water and consumption of water within the impacted service area of the District in order to conserve the water supply for the greatest public benefit.

6. Such regulations may include the following:
a. The District may deny applications for new additional service connections and for increased delivery to existing connections.
b. The District may curtail or limit the volume of water delivered to any existing water user or customer consistent with the limitations on water supply, including allocating water for irrigation of the basis of crops grown in order to equitably distribute water and minimize loss of permanent plantings and established crops.
c. The District may employ a system of rotating water service to various users.

Such schedule of rotation and amount of water delivered during each rotation shall be established based on an evaluation of available water supply and capacity of any alternative supplies to meet customer demands. d. The District may otherwise allocate supply as needed and based on water supply available consistent with applicable law, including prioritizing sanitation, human, consumption and fire protection.
e. The District may enforce the rules and regulations by any lawful means available to the District, including financial penalties and reducing or discontinuing service to consumers that willfully or negligently violate the District’s regulations and restrictions.
5 Resolution No. 2024-10 - Declaring a Water Shortage Emergency, Authorizing Extraordinary Water Conservation Rules and Regulations, and Authorizing Emergency Response Activities and Projects

Page 4 ends

f. The District may implement its Drought Contingency Plan as set forth in its Urban Water Management Plan and/or Agricultural Water Management Plan.

7. Actions taken by the General Manager pursuant to this Resolution will be reported to the Board of Directors at the next available board meeting. Reporting to the Board of Directors will continue for the duration of the emergency.

8. The General Manager shall coordinate with PG&E and any other agency with regulatory authority over the repair to the Drum and South Yuba Canals to ensure PG&E’s repair efforts proceed with utmost diligence.

9. This Resolution and any actions taken hereunder, including adoption of reasonable regulations and restrictions shall remain in full force and effect until emergency conditions no longer exist.

PASSED AND ADOPTED by the Board of Directors of the Nevada Irrigation District at a regular meeting held on the 27th day of March 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:

President
ATTEST:

Board Secretary
6 CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 11, 2024 Agenda Item No. 15
Subject: Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $1,475,589 for Broad Street Y Improvements; Authorize a Project
Contingency of 10%, Not-To-Exceed $147,559; and Authorize the City Manager to Execute any Contracts or Related
Documents.

From: Bryan McAlister, City Engineer
Date: April 4, 2024
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:

In 2018, the City Council prioritized upper Broad Street for rehabilitation as part of the City’s Capital Improvement Plan. City Council also approved the request for State funding for the project by Resolution 2022-21 for Senate Bill 1 Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program and by Resolution 2022-27 for SB1 Road Maintenance and Rehabilitation Account funding. Broad Street Y Improvements Project consists of roadway rehabilitation of Broad Street within the project limits from the intersection of Commercial Street and Broad Street to the merging intersection of East Broad Street and West Broad Street. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. Pavement improvements include replacement of deteriorated pavement and improvements to cross-slope for drainage.

Plans and Bid Documents were issued for bid advertisement on March 8th, 2023 and bids were opened publicly on April 4, 2024.

Bids were received, as follows:

Bid Amount
Hardcore Constr, Rough and Ready $ 1,831,765
C&D Contractors, Nevada City $ 1,538,740
JPB Designs Inc, Orangevale $ 2,140,625
Hansen Bros. Enterprises, Grass Valley $ 1,475,589
All American Constr, Sutter $ 1,751,754
Central Valley Engr & Asphalt, Roseville $ 1,672,269
Hansen Bros. Enterprises was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded by a combination of State and Local funds including City Measure “M” funds ($727,000), State SB1 Local Partnership funds for street rehabilitation ($400,000), Local Transportation Pedestrian/Bicycle Funds (LTF) and Regional Surface Transportation Program (RSTP) Claim appropriations ($190,000) and by SB1 Local Streets and Roads Road Maintenance and Rehabilitation funds ($290,000) and by Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funds ($16,000) and by Measure M for contingencies.

Note that this is a two-year project and FY24/25 funds are budgetary, to be determined at time of annual budget adoption. The City plans on managing cash flow for the project within the adopted budget and CIP processes for Fiscal Years 2023/2024 and 2024/2025. With the largest expenses in 2024/2025 the City’s budget for that year will include a primary funding plan and a contingency funding plan should a shortterm loan or other financial instrument be required in the event of an unanticipated occurrence.

STRATEGIC PLAN ALIGNMENT:

The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-ofWay, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Contract for Broad Street Y Improvements
1 Broad Street Y
Improvements
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
City Engineer
PE C58570
PLS 9199

2 NOTICE TO CONTRACTOR'S
Broad Street Y Improvements
Sealed proposals for Broad Street Y Improvements will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday April 4th, 2024, 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 "Broad Street Y Improvements” No Bid Bonds are required.

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

There is a non-mandatory pre-bid meeting on Tuesday, March 19th at 11am at City Hall at 317 Broad Street.

We will meet briefly at City Hall then will walk to the 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: March 8, 2024 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.

10 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 Broad Street Y Improvements in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within the Schedule of Work outlined in the Proposal/Contract (page 3), 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. 11 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)
12 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.

6. Contractor’s Responsibility for Work
13 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 and as described in Exhibit A:

General Liability: $2,000,000 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.

Worker’s Compensation Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease
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 14 that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.

11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 15 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
16 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
Costs, Supplemental 11.4.5
17 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
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
Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
18 OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
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
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
19 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
20 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) a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order 21 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.

ARTICLE 2 - PRELIMINARY MATTERS

22 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.

Before Starting Construction:
23 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 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 24 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 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.
25 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 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.
26 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.

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.

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. 27 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 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 28 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:

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 29 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

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 30 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.

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 31 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.

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 32 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 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.
33 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.

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 34 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.

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. 35 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.

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 36 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.

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:
37 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 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. 38 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 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 39 payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed.

ARTICLE 12 - CHANGE OF THE CONTRACT TIME

12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.

12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

40 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF

ACCEPTANCE OF DEFECTIVE WORK

Warranty and Guarantee:

13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.

Tests and Inspections:

13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.

13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.

13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

Access to Work:

13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

Uncovering Work:

13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.

13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of 41 such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.

OWNER May Stop the Work:

13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.

Correction or Removal of Defective Work:

13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.

One Year Correction Period:

13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.

Acceptance of Defective Work:

13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 42 Neglected Work by Contractor:

13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.

ARTICLE 14 - PAYMENTS AND COMPLETION

Schedules:

14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.

Application for Progress Payment:

14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Contractor's Warranty of Title:

14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").

Approval of Payments:

14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 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 43 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 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 44 shall fix the date of Substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Project substantially complete, he will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.

14.9 OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Partial Utilization:

14.10 Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project.

OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Final Inspection:

14.11 Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.

Final Application for Payment:

14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the 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 45 (satisfactory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify him against any Lien.

Approval of Final Payment:

14.13 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approval final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved final Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.14 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Contractor's Continuing Obligation:

14.15 CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval or any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents.

Waiver of Claim:

14.16 The making and acceptance of final payment shall constitute:

14.16.1 a waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and
46 14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:

15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.

OWNER May Terminate:

15.2 If CONTRACTOR is adjusted a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order.

15.3 Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability.

15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit.

Contractor May Stop Work or Terminate:

15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application 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 47 terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due.

ARTICLE 16 - ARBITRATION

16.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

16.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within the thirty-day period specified in paragraph 9.10 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

16.3 CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing.

ARTICLE 17 - MISCELLANEOUS
Giving Notice:

17.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice.

Computation of Time:

17.2 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.

General:

17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the 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. 48 17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.

17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

17.7 The Contract Documents shall be governed by the law of the place of the Project.

49 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the 50 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 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with 51 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 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 52 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.
(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 53 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 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. 54 (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

55 EXHIBIT A

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self‐Insured Retentions
Self‐insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer to reduce or eliminate such self‐insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self‐insured retention may be satisfied by either the named insured or City.

Additional Insured
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. If access to the work is through private property, the private property owner shall also be named as additional insured. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. 56 Primary Insurance
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self‐insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self‐insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

57 General Notes:

A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.

B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.

C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.

D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.

E. All work shall conform to the best practice prevailing in the various trades comprising the work.

F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.

G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.

H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.

I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.

J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.

K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).

L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.

M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities where such facilities may conflict with placement of improvements shown on this plan. Call ‘Underground Service Alert’ at 800-642-2444 prior to any excavation. 58 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. 59 Project Specifications

PROJECT LIMITS
Refer to plans for limits of work.

PROJECT DESCRIPTION
The project consists of rehabilitation of upper Broad Street from the intersection of Broad Street and Commercial Street to the top of Broad Street including portions of East Broad Street, West Broad Street, Bennett Street and Cottage Street.

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) 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.
60 TRAFFIC CONTOL
At all times when work is not being performed, streets and driveways shall be safe for through traffic and pedestrians.

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

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

The Contractor shall provide and install traffic control signage and barricades as required for pedestrian and vehicular safety. Construction activity requiring lane closures shall conform to the following restrictions: The travel way may be reduced to one 11 foot lane of traffic with two way stop control (flaggers) provided. Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented on minor streets (not arterial or collector) provided that there is provision for vehicles to access private parking areas and businesses. At the end of each work shift, all traffic lanes shall be open for safe pubic use of the roadway. The Contractor shall provide access to parking, driveways, residences at all times for ingress/egress, trash collection and mail delivery unless otherwise approved by the City Engineer. Contractor shall coordinate with residents for their access needs during all road closures and shall refer any complaints or special concerns to the City.

MATERIAL NOTES

AGGREGATE BASE
Aggregate Base shall be Class 2, 3/4" maximum grading, conforming to standard specs, Section 26, placed at 95% Relative Compaction. Asphalt grindings that are smaller than 2” and existing base can be used for the base section shown on the plans provided that the top 3” is new Class 2 material.

All aggregate base for pavement or sidewalk section shall be included in this item. Any aggregate base used for trench backfill is considered incidental to pipe installation and will not be paid by unit price under this pay item. The contract unit price paid for aggregate shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in the placement, compaction and finish grading of roadway base, and no additional compensation will be allowed.

Aggregate Base tickets shall be provided to the City at end of each work day.

ASPHALT
Asphalt material shall be Type A or B 1/2‐inch maximum medium gradation and shall conform to the provisions in Sections39. “Asphalt Concrete,” of the Standard Specifications and these Special Provisions. Asphalt cement shall be grade PG 64‐16 conforming to the requirements of Section 92 of the Standard Specifications. Asphalt paving to include “T‐Section” edge grind/overlay of 8”‐12” width and 1” depth (beyond sawcut line) where adjoining existing asphalt.

Paving shall be accomplished using a paving machine capable of paving widths and crown configurations required for this project. The paving machine shall comply with Section 39‐5.01 of the Standard Specifications. At a minimum, the paving machine shall be capable of paving widths of 8’ to 16’ including a 12’ lane and a 4’ shoulder in a single pass. 61 Screed extensions shall be capable of varying the width of paving as well as adjusting to the slope of the shoulder or to provide an edge taper.

All asphalt concrete used on the project, including on overlays, leveling courses and digouts shall be included in this item. The contract unit price paid for asphalt concrete shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in the paving operations including grinding and conforming to existing grades.

The Contractor shall coordinate with the City Engineer or City Inspector to verify suitability of subgrade prior to paving.

Asphalt tickets shall be provided to the City at end of each work day.

CONCRETE CURB AND SIDEWALK
Concrete work shall conform to the requirements of section 73 of the Standard Specifications and the Standard Plans.

Sidewalks, curbs, and curb ramps will be constructed as shown on the plans. Refer to plans for integral color and score patterns for all projects in the Historic District. Provide 2lbs/cy Lamp Black Color Additive for all Concrete.

Concrete work will also include all work necessary to prepare the subgrade material. Subgrade shall be watered and compacted prior to placing concrete. Voids and soft areas in the subgrade shall be backfilled with suitable material, as necessary, to provide a stable base. All sidewalk and driveway work will be paid by the UNIT PRICE for curb, sidewalk and curb ramps for all work and material necessary to construct concrete surfaces as shown on the plans.

The contract unit price paid for concrete shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in including removal and disposal of concrete, preparation of subgrade, and concrete placement to lines and grades as determined by the City Engineer.

CROSSWALKS
Refer to plans for Crosswalk Detail and Section. The Granite Border shall be 3” minimum thickness with 6” concrete under the granite. Crosswalk materials, color, score pattern and texture shall match the existing crosswalks at the intersection of Commercial and South Pine Street.

WATER LINE PIPE AND FITTINGS
Contractor shall provide and install all materials necessary for the project including tubing, and pipe, horizontal and vertical elbows (as required for pipe crossings or bends), short pipe pieces, corporation stops, piping connections, couplings, jointing materials, warning tape, valve box and lid, restrained joints, thrust blocks, locating wire, warning tape, excavation, bedding and backfill. Water pipe 4” and largershall be CL150 C900. Water pipe smaller than 4” shall be PE polyethylene watersupply line. Flushing, disinfection testing and pressure testing shall be provided.

Trench backfillshall consist ofsand bedding around pipe per Standard Specifications and trench zone backfill from top ofsand bedding to bottom of roadway pavementsection with compacted aggregate base. 62 WATER SERVICES
New saddles and taps will be Corporation Stops with a double brasssaddle for DIP water main or double stainless‐steelsaddle for PVC water main. Water service shutoffs shall be arranged with City personnel.

Water Meter boxes (24” min length) shall be provided by the contractor and placed and centered on water meters. Meter will be provided by the City and shall be installed by the contractor. Contractorshall be responsible for removal and disposal of debris, traffic control, testing, and flushing and tie‐in pipe connections.

STORM DRAIN
Storm drain piping shall be HDPE, double wall,smooth interior. Storm drain inletsshall have a one‐foot deep sump (1’ below pipe invert) to allow sediment and debris to be captured for maintenance. The inlet shall have two 1” diameter holes drilled in the bottom to allow the sump to naturally drain between storms. The inlet shall be placed on top of 3” thickness sand or gravel bedding.

RAISING IRON, FRAMES AND LIDS – VALVES, MANHOLE, UTILTY BOXES Any valves, utility boxes lids or manholes within the asphalt or concrete areas shall be raised to grade upon completion of work. All broken utility box frames or utility box covers within the work area shall be replaced. All utility boxes shall be adjusted to grade as required to conform to new work.

CALIFORNIA
OF ã CITY OF NEVADA CITY 317 BROAD STREET NEVADA CITY, CALIFORNIA 95959 (530) 265-2496 SITEPLAN
C1.1 NEVADA CITY 1 12 c
DATE SIGNED: O
C 058570
December 31, 2020 S Y ATE ST REG I BR ER T ED PR NA F CA ST I O L CI V I LIFORNIA ERNEER NE L G FESS I K. M AA L ON I

BROAD STREET Y
Street Improvements
C1.1 COVER SHEET
C1.2 SITEPLAN
C1.3 EXISTING UTILITIES / DEMO PLAN
C2.1 IMPROVEMENTS PLAN
C2.2 UTILITY PLAN
C2.3 SECTIONS
C2.4 SECTIONS
C3.1 UTILITY DETAILS
C3.2 UTILITY DETAILS
C3.3 CALTRANS DETAILS
C3.4 GENERAL DETAILS
C3.5 GENERAL DETAILS ” ”
”
1"=50'

CALIFORNIA
OF ã CITY OF NEVADA CITY 317 BROAD STREET NEVADA CITY, CALIFORNIA 95959 (530) 265-2496 SITEPLAN
C1.2 NEVADA CITY 2 12 c
DATE SIGNED: O
C 058570
December 31, 2020 S Y ATE ST REG I BR ER T ED PR NA F CA ST I O L CI V I LIFORNIA ERNEER NE L G FESS I K. M AA L ON I

TYPICAL SECTION

CALIFORNIA
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C1.3 NEVADA CITY
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DATE SIGNED:

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C 058570
December 31, 2020
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