Sound System – Nevada City Miners Foundry

City of Nevada City Bryan McAlister, City Engineer

317 Broad Street, Nevada City, California 95959

(530) 265-2496

Bryan.mcalister@nevadacityca.gov

REQUEST FOR PROPOSALS

PURCHASE & INSTALL SOUND

SYSTEM FOR THE NEVADA CITY

MINERS FOUNDRY

RFP Issue Date: July 14, 2026

RFP Submission

Deadline: July 30, 2026, by 3:00 p.m.

City of Nevada City is Requesting Proposals to

PURCHASE & INSTALL SOUND SYSTEM FOR

THE NEVADA CITY MINERS FOUNDRY

The City of Nevada City is seeking proposals from a qualified contractor to furnish and install a sound system for the Nevada City Miners Foundry. All proposals are due by Thursday, July 30, 2026 at 3:00 p.m.

WORK DESCRIPTION

The Contractor shall furnish all necessary labor, material, software, equipment, transportation and services to supply and install the new sound system and labor outlined in the Scope of Project. The Contractor will be expected to evaluate and provide all parts, components needed for the sound system, and the placement of other appurtenant equipment based on the existing conditions for a turnkey installation. The successful Contractor will be required to enter an agreement with the City for the purchase and installation of the sound system.

SCOPE OF PROJECT

The City of Nevada City is requesting proposals for the Purchase & Installation of a New Sound System for the Nevada City Miners Foundry. Contractor shall provide a multi-purpose sound system that is designed to provide a rich, bold sound that fills the concert/dance hall without the sound blasting into the direction of neighboring properties. The scope and deliverables for this project should provide a quality of service and sound delivery comparable to the equipment, and quality of sound, currently installed in the facility, which includes:

Qty Item Description Mains & Monitors

8 Rat Sound Rat Trap 5 4-Way Quad amplified Active Tops 8 Rat Sound Subwoofer Dual 18" Subwoofer 4 JBL SRX815p 2-Way 15" Powered Monitor/Top Box 6 JBL SRX812p 2-Way 12" Powered Monitor/Top Box 2 JBL IRX108BT 2-Way 8" Powered Speaker, BlueTooth 6 Mackie SRM450-RCF 12" 2-way Powered Monitor/Top Box 4 Mackie SR1530-RCF 15" 3-way Powered Monitors/Top Box 2 ElectroVoice ZX1a 8" 2-way Powerd Monitor/Fill 4 EAW JF80 2-Way Fill Speakers 2 Turbosound TXD-118 18" Small Subwoofer, fills/small system 4 Crest Audio 8001 2800W Power Amp (15" LF Drivers) 6 Crest Audio 7001 1700W Power Amp (subs/10" Mids)

3 Crest Audo 4801 1200W Power amp (2" & 1" Horns) 1 XTA DP448 4x8 Speaker Processor 1 Xilica DLP-4080A 4x8 Speaker Processor 2 12RU Amp Rack 12 space amp rack for Mains 4 Motion Labs Rac-Pac Single ø 30A Amp Rack Distro

FOH/Mix Position & Monitors 1 Allen & Heath Avantis 64 ch. Digital Mixer+dPack with Case 1 Allen & Heath GX4816 48 in/16 Digital Stage box w/ case 1 Avid Venuse SC48 48 Ch. Digial Mixing Console 1 RatCat Ethercon Snake 70m 1 Triplite 1RU UPS 500kVA 1 Midas MR18 18 ch. Digital Mixer 1 Behringer XR18 18 ch. Digital Mixer 4 Rane ME60 EQ 1/3rd octave EQ for Monitors 1 BSS DPR-404 Compressor - 4 Channel Premium 1 Aphex Expressor Compressor - Single Channel Premium 1 dbx 1046 Comp Quad Compressor 1 TC D-Two Delay Digital Delay Effect 1 BSS FCS310 Stereo 2-way Crossover for Subs on Aux 1 Ashly PQX571 5 Band Parametric EQ for Subs on Aux 3 Symetrix 501 Limiter for Subs on Aux 3 Furman PL Plus Rack Power Conditioner w/ Lights 1 Tascam CD-RW700 CD Recorder/Player, rackmount 1 22 RU Rack Case 16 space case for FOH Drive 1 SKB Case 8 RU Case for Comps and FX 1 SKB Case 4 RU Case for EQ 1 TMB Easy-Tilt Mixer Stand for large format consoles

Wiring & Interconnect 1 Whirlwind 24x8 Split 24 mic x 8 Return 100' w/ Mon. Split 1 ProCo 24x8 24 mic x 8 Return 100' 1 22x6 Snake 22 mic x 6 Return 100'

Whirlwind 12 ch. 12 channel 150' Return Snake 1 Whirlwind 12x4 Snake 12x4 Sub Snake 25' 1 Whirlwind 12x4 Snake 12x4 Sub Snake 50'

30 Whirlwind Mic cable 15' MK series 30 Whirlwind Mic cable 25' MK Series 4 Whirlwind Mic cable 50' MK series 2 Whirlwind Mini 6 30' 6 ch. Sub Snake 1 Whirlwind Mini 8 50' 8 ch. Sub snake 2 Whirlwind Mini 12 15' 12 ch. Sub Snake 1 Whirlwind Insrt Snake 8 Channel TRS to TS Insert Snake

1 Whirlwind Insrt Snake 4 Channel TRS to TS Insert Snake 12 Whirlwind Ins. Adapt. TRS to TS 1/4" Insert Adaptor, locking 8 Hosa 1/4" Inst. Cable Guitar & Patch Cord 15'

10 TRS to XLR patch XLR to TRS cables for interconnect 2 Quad XLR/TRS patch 4 Pair XLR F to TRS 15' 2 Ethercon XLR Breakout 4 Channel Ethercon to XLR boxes 1 ProCo Ethercon Snake 100' Shielded Eithercon Snake 4 1/4" Patch - Short DI to instrument Patch cables

Stands 12 K&M Tall Boom Tripod Telescoping Mic Boom Stand 12 K&M Short Boom Tripod Telescoping Mic Boom Stand 4 Atlas Mic Stand Straight Stand, Solid Base

Microphone & DI 9 Shure SM58 Vocal Mic 1 Shure Beta 87a Vocal Mic - Premium 2 Shure Beta 58 Vocal Mic 3 Shure SM57 Instrument Mic 1 Shure Beta 91 Condenser Kick Boundary Mic 1 Audix OM7 Vocal Mic - Premium 7 Audix OM6 Vocal Mic - Premium 3 Sennheiser EW100 Wireless Vocal Mic System 4 Audix i5 Dynamic Instrument/Drum Mic 2 Audix D6 Kick Drum, Bass Mic 6 Audix D4 Kick/Bass/Tom Mic 2 Audix D3 Dynamic Instrument Mic 8 Audix D2 Dynamic Instrument/Drum Mic 4 Audix D1 Dynamic Instrument/Drum Mic 3 Audix ADX-51 Condenser Instrument Mic, Small 3 Audix ADX-50 Condenser Instrument Mic, Small 2 Audix F15 Condenser Instrument Mic, Small 1 Audix ADX-90 Miniature Condenser Snare Mic w/mount 1 Audix ADX-20i Miniature Condenser Mic w/mount 2 Sennheiser e609 Dynamic Instrument Mic 1 Sennheiser e906 Dynamic Instrument Mic 2 Radial JDI Passive DI with pad 1 Radial ProDI Passive DI with pad 1 Radial Pro AV1 Passive Stereo DI 5 Whirlwind IMP2 Passive DI 2 Whirlwind Director Passive DI with pad 4 Whirlwind Hot Box Active DI

4 Whirlwind pcDI Stereo DI for Keys/Laptops/DJ Mixer 2 Countryman E6 Headset Microcondesor Mic 2 MXL 2010 Condeser Mic, Large Diaphragm 1 Audio Technica Pro 7a Condenser Mic, Small

11 Audix D-Vice Clip on Drum Mic Clip 8 Audix D-Clamp Percussion/Drum Mic Clip

14 Audix D-Flex Drum Mic Clip 2 SKB Mic Case Mic Storage Case, Muiti Compartment

Speaker, AC Cabling, & Storage 80 Mic Cables Various brands & lengths 2 EP4 Speaker Cable 30' 12AWG 4 conductor For Subs 6 EP8 Speaker Cable 25' 13AWG 8 conductor for RT5 tops 2 EP4 Speaker Cable 4' EP Jumper 6 EP8 Speaker Cable 4' EP Jumper 2 AC Stringers 25' AC Stringers for Front & Backline 4 Quad Stringer 25' Quad box w/ cord 4 Quad Stringer 50' Quad box w/ cord 1 Motion Labs 50A Single ø 3RU Distro w/ case 4 Motions Labs Rac Pac Spare 30A Single ø Distro 3 Motion Labs 30A SO 40' 30A SO Cord L21-30 Hubble Plugs 3 4/6AWG SO Feeder 60' Feeder w/Hubble 50A 'CA Connector' 3 EWI Cable Trunk 4'x2'x2' Utility Trunk for cables 2 Rat Sound Trunks 4'x2'x1' Custom Stackable trunks

Odds & Ends 1 Mackie ProFX16 16 Channel Compact Mixer w/ FX 4 Ultimate TS-110BL Speaker Tripod Stands - Tall/Heavy Duty 4 On Stage Stands Speaker Tripod Stands 1 Tascam CDA500 CD & Cassette Player, rackmount 1 Aphex 720 Brickwall Limiter 2 dbx 223XL Stereo 2-way Crossover 4 On Stage Speaker Mount Speaker wall mount (Pair) 4 30lb. Sand Bag Theatrical Saddle Sand Bag 4 Sound Fly Bars 1 Ton 5 Fly Bar for 8 Speakers

16 Sound Fly Straps Strap for 5 to Fly Bar/Speaker

• Existing equipment list is provided only as a reference to the level of capability expected.

• Equivalent or superior systems are encouraged.

• All items are to be purchased and installed by Contractor.

TRAINING

The Contractor shall provide a lump sum cost to train the City on the use of the sound system.

The training shall include at least one 2-hour session with 5 City employees. In addition, on call support of up to 25 hours.

QUALIFICATIONS

The Contractor must have worked in the industry for a minimum of five (5) years doing substantially similar work. The Contractor shall warrant and guarantee that only experienced and skilled staff or subcontractors will be employed for this project and that all items provided by the Contractor are according to the specifications. The Contractor certifies that it is able to furnish sufficient forces to ensure prosecution of the work in accordance with approved progress schedules and that Contractor can furnish a work force that can work in harmony with all elements of labor employed in the work and at the site of the work.

Contractor is required to have an active Nevada City Business License for the duration of the project (this can be obtained after Notice of Award)

PROJECT DURATION

The Agreement duration shall begin upon the execution of the Professional Services Agreement from the City to the Supplier/Contractor until the Sound System is delivered, installed, and inspected by the City. It is anticipated that all purchasing, installation. and training will be completed within 45 days from the award of the A g r e e m e n t . The City may extend the timeline based on availability of components, need, and the quality of services rendered.

PROPOSAL FORMAT

Proposals are to be submitted in sealed envelopes, clearly marked with the title of this RFP, Supplier/Contractor’s name, address and phone number. Only one proposal per Supplier/Contractor will be considered.

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.

Proposal packages are to be submitted to the City on July 30, 2026 by 2:00 P.M. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to:

Bryan McAlister, City Engineer Re: Sound System for Nevada City Miners Foundry Proposal

City of Nevada City 317 Broad Street, Nevada City, CA 95959

The City reserves the right to waive informalities and to reject all proposals at its sole discretion. Contractors are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items:

1. Proposal - submit two (2) copies:

A. Cover Letter

(1) The name, address and phone number of the Supplier/Contractor’s contact person for the remainder of the selection process.

(2) Any qualifying statements or comments regarding the Supplier/Contractor proposal, the information provided in the RFP or the proposed contract.

(3) Identification of sub-Suppliers/Contractors and their responsibilities.

B. Statement of Qualifications

(1) A listing of proposed Sound System installation key personnel.

(2) Suppliers/Contractors and sub-Suppliers/Contractors experience with similar work, including a description of background, skills and projects of similar size and scope.

(3) Supply two references for similar work; include contact information and venue.

C. Schedule

(1) Include a timeline of the entire Project, including dates for City submittals, purchasing, field installation and training showing the proposer’s ability to meet the Project Duration.

D. Bid Schedule

(1) The Contractor shall provide a cost proposal that includes the following:

• Equipment Cost: Provide a list with per unit and total cost per item

• Installation Cost

• Training: Include total cost for two hour session as well as an hourly on call rate for 25 hours.

E. Acoustical Design Description that addresses the following:

• Speaker placement

• Acoustical modeling

• Predicated frequency response

• Equipment rack layout

• Cable routing

• Amplifier schedule

• Other relevant information

Evaluation Method and Criteria

Proposals will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the proposal may be deemed non-responsive and returned to proposer and any further review is subject to the City’s discretion.

Based on the evaluation rankings, the City intends to select a consultant directly from the final rankings.

Upon approval of the selected Consultant by the City, a mutually acceptable price will be negotiated; a written Agreement will be prepared and recommended for award subject to approval by the City Council.

The City reserves the right to accept or reject any or all proposals received, to negotiate with any qualified firm, or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interest of the City to do so.

The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.

Scoring Criteria

Criteria Points Technical Approach 20 Experience with performing arts/multi room venues 20 System Performance 20 Price 30 Schedule 10

QUESTIONS

All questions regarding this RFP shall be submitted in writing to: Bryan McAlister via email at:

bryan.mcalister@nevadacityca.gov. All questions and requests for clarity must be submitted by July 21, 2026 at 5:00PM. Questions with their answers will be posted on the City’s website by July 23, 2026.

To schedule an optional facility tour, please contact Bryan McAlister by July 17, 2026 by 3:00 PM

GENERAL ADMINISTRATIVE INFORMATION

Each respondent understands and agrees that the City, its departments, their officers, employees or agents is not responsible for:

a. Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal.

b. Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City.

c. Any errors, inaccuracies or misstatements related to the information or data supplied to any consultant by the City. The use of such information or data provided by the City, its officers, employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this Request for Proposal only.

All proposals submitted in response to this RFP shall become the property of the City of Nevada City and will not be returned and such proposals, after the contract is awarded, are subject to the California Public Records Act.

ACCEPTANCE/REJECTION MODIFICATION

The City reserves the right to accept, reject, modify or cancel in whole or in part, this Request for Proposals. The City reserves the right to accept or reject any and all Qualification Statements, to request and consider additional information from any proposer and to waive minor irregularities and technical defects in this process. The City reserves the right to seek new qualifications when it determines that it is in the best interest of the City to do so.

AUTHORITY TO WITHDRAW

The City reserves the right to withdraw this Request for Proposals without prior notice. The City makes no representation that any agreement will be awarded to any firm as a result of having responded to this request.

AWARD OF CONTRACT

Within forty-five (45) days after the time of opening of the bids, the City will act either to accept a proposal, to reject all proposals or with the consent of the submitters and their sureties to extend the time in which the City may act. The acceptance of a proposal will be evidenced by a notice of award of Contract in writing, delivered in person or by mail to the submitter whose proposal is accepted. No other act of City will constitute acceptance of a proposal. The award of Contract shall obligate the bidder whose proposal is accepted to furnish evidence of insurance, and to execute the Agreement in the form set forth in the Contract documents.

PREVAILING WAGE

The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations to any workman employed for the work to be performed under this contract;

and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).

ADDENDA

Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids shall be covered in the bids and shall be made a part of the Contract.

Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions.

ATTACHMENTS

No. 1: Facility Map

No. 2: Proposal Document

No. 3: Standard Professional Services Agreement with Attachments

Attachment 1 Facility Map

Attachment 2

PROPOSAL DOCUMENT

TO: City of Nevada City, City Hall, Nevada City, California.

The undersigned, as a bidder, submits the following proposal for the project, PURCHASE & INSTALL SOUND SYSTEM FOR THE NEVADA CITY MINERS FOUNDRY in the City of Nevada City, California, and offers to perform all work and furnish all labor, materials, tools, equipment as required for the completion of said project, in accordance with the plans, specifications and all other contract documents.

If this proposal is accepted, the proponent agrees to execute the Agreement, and furnish to the City all documents and evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within forty five (45) calendar days after receiving written notice to proceed.

If subcontractors are used to complete work in excess of one-half of 1% of the total bid, the contractor shall submit, with their bid, a list of proposed subcontractors as required by Section 4104 of the Government Code.

The undersigned is (state whether individual, partnership or corporation) .

DATED:

FIRM NAME: BY:

Signature of Authorized Person

ADDRESS:

Contact Person:

PHONE:

CELL PHONE: _______________________

CONTRACTOR'S #:

EXPIRATION:

**COMPLETE & RETURN THIS PAGE**

TOTAL PROPOSAL PRICE (WORDS):

TOTAL PROPOSAL PRICE (FIGURE): $

Instructions to Proposers:

1. Payment for each unit price shall include full compensation for purchasing the materials including taxes and other fees.

2. The unit prices provided shall be structured so that the Total Proposal Price includes full compensation for furnishing all labor, materials, tools, equipment, reports, and incidentals for doing all work involved in the Purchase and Installation of the Sound System.

3. The proposal submitted must not contain any erasure, interlineations, or other corrections unless such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the bid.

4. Changes in or additions to the prop form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for will result in rejection of the bid by the City, as not being responsive to the RFP. No oral or telephonic modification of any bid submitted will be considered.

5. Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications will be made in writing, executed, and submitted in the same form and manner as the original bid.

6. Bid prices shall include everything necessary for the completion of the work including but not limited to providing materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices will include an allowance for all federal, state and local taxes.

7. In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern, and the correct total shall be deemed to be the amount bid.

8. Unit prices in each and every case shall represent a true unit price used in preparing the Total Bid Price. Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction.

Attachment 3

AGREEMENT

THIS CONTRACT, by and between the CITY OF NEVADA CITY, a municipal corporation, herein referred to as "City,” and , herein referred to as, "Contractor."

W I T N E S S E T H:

In consideration of their mutual covenants, the parties hereto agree as follows:

1. The Contractor shall furnish all necessary labor, material, software, equipment, transportation and services to supply and install the new sound system outlined in the Scope of Project. The Contractor will be expected to evaluate and provide all parts and components needed for the sound system and the placement of other appurtenant equipment based on the existing conditions for a turnkey installation. The successful Contractor will be required to enter an agreement with the City for the purchase and installation of the sound system.

2. Contractor shall comply with all Federal, State, County, and Nevada City Municipal Code, which are, as amended from time to time, incorporated herein by reference.

3. All work shall be done in a manner satisfactory to the City Engineer.

4. It is anticipated the Contractor shall commence work after the execution of this agreement and purchase order and agrees to have all work completed within 45 days of execution of this agreement.

5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's proposal, attached hereto, in the amount not to exceed ( ). All payments shall be subject to approval by the City Engineer.

6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California).

7. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council, and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract.

This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public).

8. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts on Attachment B.

This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days’ unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. Contractor shall furnish evidence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.

9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.

10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.)

Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract.

11. This Contract shall not be assignable by Contractor without the written consent of City.

12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.

13. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.

14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work.

15. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

16. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract.

17. The Contractor shall maintain all such records in the City of Nevada City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

18. The further terms, conditions, and covenants of the Contract are set forth in Attachments 1 thru 3, each of which is by this reference made a part hereof.

IN WITNESS, WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF NEVADA CITY,

a California municipal corporation

By: ______________________ Dated:

Carrie Wright, City Manager

ATTEST:

Amber Wright, Administrative Assistant

APPROVED AS TO FORM:

Dated:

Dean J. Pucci, City Attorney

“CONTRACTOR”

Dated:

Dated: By:

Name:

Title:

Dated: By:

Name:

Title:

(If corporation, affix seal)

ATTACHMENT A

WORKERS' COMPENSATION INSURANCE CERTIFICATE

In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

Signature

Title

Date

ATTACHMENT B

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

The Contractor shall indemnify, hold harmless and assume the defense of the City of Nevada City (City), its elected officials, officers, agents, employees, commission members and representatives, from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract.

The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General

The Contractor shall provide evidence of all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.

2.2 Commercial General Liability Policy

The Contractor shall maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar ($4,000,000) annual project aggregate, for all of the following:

a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage.

b. Completed Operations/Products, including X, C, and U Coverage.

c. Independent Contractors.

d. Blanket Contractual.

e. Deductible shall not exceed One Thousand Dollars ($1,000).

2.3 Commercial Business Auto Policy

The Contractor shall maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:

a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract.

b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.

c. Deductible shall not exceed One Thousand Dollars ($1,000).

2.4 Workers' Compensation Insurance

The Contractor shall maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:

a. The required policy shall provide coverage for Workers' Compensation (Coverage A).

b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability

(Coverage B).

2.5 Endorsements

All of the following endorsements are required to be made a part of the policies described in this Section hereof:

a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents are hereby added as additional insured insofar as Work done under this Contract is concerned."

b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."

c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.

d. “Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:

Bryan McAlister, City Engineer City of Nevada City

317 Broad Street Nevada City, CA 95959

2.6 Change in Terms

The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the above stated location, identified in Section 2.5, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified here.