On the agenda: Eureka 10 6 26 Euco BOCC Agenda And Backup — data center (Oct 6)

BOARD OF EUREKA COUNTY COMMISSIONERS
Rich McKay, Chairman
Marty Plaskett, Vice Chair

P.O. Box 540 * Eureka, Nevada 89316 * Telephone: 775-237-5263
Posted on or before October 1, 2026

Mike Schoenwald, Member
Kathy Bowling, Clerk Recorder

NOTICE IS HEREBY GIVEN that the Board of Eureka County Commissioners will meet pursuant to law on
October 6, 2026, at 9:30 a.m. in the Commission Chambers at the County Courthouse located at 10 South Main
Street, Eureka, Nevada. Note: The meeting will be available telephonically for LISTENING PURPOSES ONLY. To
listen to the meeting by phone please dial 1-415-655-0003 and enter code 2481 663 3046# and then # again when
prompted. Please make sure that your phone is muted upon connection. It is not necessary to announce that you are
participating in the meeting. No public comment will be received from phone participants unless you are on the
agenda and are presenting virtually.
AGENDA
9:30 - CALL TO ORDER
1. Approval of the agenda notice with addition of any emergency item and/or deletion of any item.
Unless otherwise stated, items may be taken out of the order presented on the agenda, in the direction
of the Chair. (For Possible Action)
2. Pledge of Allegiance.
9:35 - PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item
until the matter has been specifically included on an agenda as an item upon which action will be
taken. Public comment may be limited to three (3) minutes per person. Public comment may be
allowed on “Action” items, in addition to the two times specified on the agenda. (Discussion)
2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice: The
public is welcome to request agenda items for future meetings during the Public Comment period or
may consult with one or more of the Board of Commissioners to request agenda items for future
meetings. (Discussion)
9:40 - APPROVAL OF MINUTES
1. Approval of the Commission meeting minutes of the September 15, 2026 and reapproval of the August 4,
2026 minutes after requested edits. (For Possible Action)
9:45- COUNTY COMPTROLLER – Kim Todd, Comptroller
1. Payment of expenditures. Notice: Expenditures received after action has been taken under this
Comptroller section may be presented and acted upon throughout the day. (For Possible Action)
2. Review Fund Balance Report. (Discussion)
9:50 - COMMISSIONERS –
1. Discuss, approve or deny posting a request for proposals for a contract Eureka County Public
Defender in accordance with the Eureka County Plan for Provision of Indigent Defense Services.
(For Possible Action)
2. Discuss, approve or deny the ratification of road closures for the Eureka Restoration Enterprises Wine
Walk held on September 19th. (For Possible Action)
3. Discuss, approve or deny the ratification of road closures for the VFW Car Show on September 26th.
(For Possible Action)
Page 1 of 4 – October 6, 2026 BOCC AGENDA

COMMISSIONERS - CONTINUED
4. Discuss, approve or deny ratifying the fee waiver for the use of the Eureka Fairgrounds for the 2nd annual
poker run Saturday, October 3, 2026. (For Possible Action)
5. Discuss, approve or deny accepting the letter from Nick Collins asking to be moved from member to
alternate on the Crescent Valley Medical Services Advisory Committee. (For Possible Action)
6. Discuss, approve or deny accepting the letter from Laura Shivers asking to be moved from alternate
to member on the Crescent Valley Medical Services Advisory Committee. (For Possible Action)
7. Discuss, approve or deny cancelling the regularly scheduled Board of County Commissioners meetings on
November 3 and November 17, 2026 and scheduling an additional meeting on November 12, 2026 in order to
canvas the November 3, 2026 General Election. (For Possible Action)
8. Discuss, approve or deny revisiting the Personnel Policies under the Catastrophic Leave Program: (a)
Policy 6.3.1.2.a. that was waved for 2 Eureka County employees at the August 4, 2026 Commission
meeting. (For Possible Action)
10:15 - IT - Misty Rowley, CIO
1. Report on IT projects and activities. (Discussion)
2. Discuss, approve or deny Quest Quote No. 26-09-10 Flex - 3 - 1YR in an amount not to exceed
$15,280.20 for the renewal of the Cisco Webex Collaboration Flex Plan for a one-year prepaid term,
effective December 5, 2026, through December 4, 2027; and authorize the CIO to sign outside the
meeting. (For Possible Action)
3. Discuss, approve or deny Quote No. 022955, Version 2, from Quest, in an amount not to exceed
$23,038.66 to provide and install fiber from Tank Hill to the vault outside of the VAC, utilizing funds
budgeted for Capital Outlay (010-018-55010-000) in the Technology Support budget and authorize
the CIO to sign outside the meeting. (For Possible Action)
4. Discuss, approve or deny the purchase of up to 32 additional hours of Ironclad managed services and
support from LegalEng Consulting Group (LECG), in 8-hour blocks (see Section 7.1 of the existing
Statement of Work), at a rate of $325 per hour, for a total not to exceed amount of $10,400.00, and
authorize the CIO to authorize this purchase option in writing as needed outside of the meeting. (For
Possible Action)
10:30 - RECREATION BOARD – Elmer Porter, Chairman
1. Report on projects and activities with the Recreation Board. (Discussion)
10:40 - LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) – Jeb Rowley, Chairman
1. Report on projects and activities with the Local Emergency Planning Committee (LEPC).
(Discussion)
10:50 - CRESCENT VALLEY EMERGENCY GROUP – Michael Schoenwald
1. Discuss, approve or deny the rental fees waiver of the Crescent Valley Community Center for the
Crescent Valley Emergency Group annual fundraising dinner on October 9th - 10th. (For Possible
Action)
10:55 - CENTRAL NEVADA HEALTH DISTRICT – Shannon Ernst, Administrator
1. Report on the Central Nevada Health District. (Discussion)
11:05 – TREASURER – Pernecia Johnson, Treasurer
1. Review of Treasurer’s Report for August 2026. (Discussion)
Page 2 of 4 – October 6, 2026 BOCC AGENDA

11:10 - JUVENILE PROBATION – Steve Zimmerman, JPO
1. Discuss, approve or deny adopting a Proclamation declaring October 26th – 29th, as Red Ribbon
Week commemorating the National Drug Prevention Campaign, with local events and activities
sponsored by Eureka County Juvenile Probation. (For Possible Action)
2. Discuss, approve or deny out of state travel for Stephen Zimmerman and Marilyn Strickland-Adams
to travel to Dallas, TX on November 11-13, 2026 for the Emerging Drug Trends Conference. (For
Possible Action)
3. Discuss, approve or deny a temporary credit limit increase on the County purchasing card issued to
Steve Zimmerman, in the amount of $2,000 ($3,000 total), for the month of October of 2026 for the
purchases of registration costs and hotel costs for the Emerging Drug Trends Conference in Dallas,
TX on November 11-13, 2026. (For Possible Action)
11:20 - HUMAN RESOURCES – Stacy Collette, Human Resources Consultant
1. Report on Human Resources projects and activities. (Discussion)
11:30 – SHERIFF - Miles Umina, Sheriff
1. Report on Sheriff's Office projects and activities. (Discussion)
2. Discuss, approve or deny the FY2026/2027 Forensic Science Agreement with the Washoe County
Sheriff’s Office. (For Possible Action)
11:45 – ROAD DEPARTMENT – Scooter Mentaberry, Road Supervisor
1. Report on Road Department projects and activities. (Discussion)
11:40 - PUBLIC WORKS – Jeb Rowley, Public Works Director
1. Report on Public Works projects and activities. (Discussion)
2. Update on JD Ranch Road maintenance activities. (Discussion)
3. Discuss, approve or deny ratification of the execution of Airport Infrastructure Grant Agreement No.
3-32-0007-023-2026 for the Eureka Airport (05U) Valley Gutter replacement (design and
construction) and Reseal Runway 18/36, Taxiway, and Apron (design) project, in the amount of
$113,000.00. (For Possible Action)
4. Discuss, approve or deny a) acceptance of the proposal submitted by Sierra Nevada Construction,
Inc., in the amount of $84,150.00, for the Eureka Airport (05U) Valley Gutter Replacement project,
Owner's Contract No. EU-2026-544 (IIJA Project No. 3-32-0007-023-2026); and b) authorization for
the Chairman to execute the associated Construction Contract Agreement with Sierra Nevada
Construction, Inc., utilizing funds budgeted for Capital Outlay in the Airport Fund (010-016-55010000). (For Possible Action)
5. Discuss, approve or deny approval of proposals for Courthouse rooftop HVAC replacement and
ductless mini-split installations at the Road Shop, Hog Pen Booster Station, Well 2, and Senior
Center, utilizing funds budgeted for Capital Outlay in the Building Maintenance Fund (040-13055010-000), as follows: a) Snyder Mechanical proposal, in the amount of $22,218.00, for removal
and replacement of the Courthouse rooftop HVAC unit and installation of mini-split heat pumps at the
Road Shop, Hog Pen Booster Station, and Well 2; and b) Quantum Electric, LLC proposal, in the
amount of $16,325.40, for electrical disconnection/reconnection at the Courthouse and power
connections to the mini-split units at the Road Shop, Hog Pen Booster Station, Well 2, and Senior
Center. (For Possible Action)

Page 3 of 4 – October 6, 2026 BOCC AGENDA

12:30 – CORRESPONDENCE
1. Review correspondence. (Discussion)
2. Commissioner reports on pertinent correspondence or other matters. (Discussion)
12:35 - PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item until the
matter has been specifically included on an agenda as an item upon which action will be taken. Public
comments may be limited to three (3) minutes per person. Public comment may be allowed on “Action”
items, in addition to the two times specified on the agenda. (Discussion)
2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice: The public
is welcome to request agenda items for future meetings during the Public Comment period or may consult
with one or more of the Board of Commissioners to request agenda items for future meetings. (Discussion)
12:40 – ADJOURNMENT
1. Adjournment of meeting.
Supporting materials for this meeting may be requested by contacting the Commissioners’ office at [email protected], PO Box 540,
Eureka, NV 89316, by calling (775) 237-5263 or faxing (775) 237-5614. All times listed on the agenda are approximate. Items may be taken out of the order
presented on the agenda. Items may be removed from the agenda prior to, or during, the meeting. Related items may be combined for discussion or action. The
phrase “(For Possible Action)” means the Board may, but is not required to, act on the item. This agenda was posted in Eureka at: County Courthouse; County
Administrative Facility (Annex); US Post Office; and public bulletin board at 10 S. Main Street. This agenda was posted electronically at Eureka County’s
website (https://events.eurekacountynv.gov/meetings) and Nevada’s public notice website (www.notice.nv.gov). Notice to persons with disabilities: If you
require special assistance, please notify the Commissioners’ Office prior to the meeting at the email address, mailbox, phone number or fax number listed above.

Page 4 of 4 – October 6, 2026 BOCC AGENDA

BOARD OF EUREKA COUNTY COMMISSIONERS
AUGUST 4, 2026 MEETING MINUTES
STATE OF NEVADA
COUNTY OF EUREKA

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CALL TO ORDER
1. Approval of the agenda notice with addition of any emergency item and/or deletion of any item.
Unless otherwise stated, items may be taken out of the order presented on the agenda, in the
direction of the Chair. (For Possible Action)
2. Pledge of Allegiance.
The Board of Eureka County Commissioners met pursuant to law on August 4, 2026. Present were
Chairman Rich McKay, Vice Chair Marty Plaskett, Commissioner Mike Schoenwald, District
Attorney Ted Beutel and Clerk Recorder Kathy Bowling. The meeting was called to order at 9:29
a.m. The interactive video conferencing system was connected between Crescent Valley and
Eureka for the entire meeting.
Commissioner Plaskett motioned to approve the agenda with moving the Treasurer item up to
after public comment, Commissioner Schoenwald seconded the motion. The motion carried 3-0.
The meeting began with the pledge of allegiance.
PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item
until the matter has been specifically included on an agenda as an item upon which action will be
taken. Public comment may be limited to three (3) minutes per person. Public comment may be
allowed on “Action” items, in addition to the two times specified on the agenda. (Discussion)
Chairman McKay called for public comment, Crescent Valley resident Forest Anderson
commented they have been having issues with the US Postal Service and were recently told they
were no longer going to be issuing new addresses. Mr. Anderson is going to work on following
procedure and doing a petition to see if there is anything they can do, he wanted to inform the
Commissioners on the problems.
2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice: The
public is welcome to request agenda items for future meetings during the Public Comment period
or may consult with one or more of the Board of Commissioners to request agenda items for future
meetings. (Discussion)
Nothing was considered.

Page 1 of 8 – August 4, 2026

COUNTY COMPTROLLER – Kim Todd, Comptroller
1. Payment of expenditures. Notice: Expenditures received after action has been taken under this
Comptroller section may be presented and acted upon throughout the day. (For Possible Action)
The board along with Comptroller Kim Todd reviewed the meeting expenditures.
Commissioner Plaskett motioned to approve expenditures is the amount of $3,618,522.20,
Commissioner Schoenwald seconded the motion. The motion carried 3-0.
2. Review Fund Balance Report. (Discussion)
The board reviewed the current fund balance report.
TREASURER – Pernecia Johnson, Treasurer
1. Review of Treasurer’s Report for June 2026. (Discussion)
The board reviewed the Treasurers report for June 2026.
IT - Misty Rowley, CIO
1. Report on IT projects and activities. (Discussion)
CIO Misty Rowley reported her office installed several new workstations and printers, they
worked on the county newsletter, social media and worked with the Market Share PR firm. They
worked with the Sheriffs office on planning and installing the new fiber circuit to replace the
copper lines that connect the 911 VESTAS system. They fixed issues with the public computers
not connecting to the internet or the Assessors website.
COMMISSIONERS –
1. Discuss, approve, or deny waiver of the following Personnel Policies under the Catastrophic
Leave Program: (a) Policy 6.3.1.2.a. which limits the amount (to 20 hours) and limits the times per
year (to once) that an employee may donate to the catastrophic leave program; and (b) Policy
6.3.1.2.c. which limits the amount of time an employee may draw from the individual catastrophic
leave donations to 120 hours per event. If approved, this waiver is for an individual employee for
a specific event and is not a blanket waiver of policy. All donations are strictly voluntary and must
still meet the other guidelines set forth in the policy (For Possible Action)
Commissioner McKay informed the room there are 2 employees requesting to draw from the
individual catastrophic leave donations. The personnel policy limits the amount an employee may
donate and how many times a year they can donate to the program. The board discussed how long
the event would be and chose to revisit it in 3 months and decide if they need to extend the event.
The board decided the waiver would be for this specific event only.
Page 2 of 8 – August 4, 2026

Commissioner Plaskett motioned to approve waving the 120-hour maximum sick leave donation
per employee to the Catastrophic Leave Program and reevaluate in 3 months and to also waive the
limit on the amount of time an employee may draw from the program. Commissioner Schoenwald
seconded the motion. The motion carried 3-0.
2. Discuss, approve or deny signing the 7th Judicial Tri-County Cooperative Agreement for Fiscal
Year 2026-2027. (For Possible Action)
Commissioner Plaskett motioned to approve signing the 7th Judicial Tri-County Cooperative
Agreement for Fiscal Year 2026-2027, Commissioner Schoenwald seconded the motion. The
motion carried 3-0.
3. Discuss, approve or deny adjusting the Senior Center Directors salary to an E20 in order to better align
with other Directors in the county and utilize Commission funds for this fiscal year. (For Possible
Action)
The board discussed the previously approved temporary pause to individual compensations to
allow an accurate and timely salary study. The board discussed prioritizing the Senior Center
Directors salary during the salary study to ensure her job description reflects clearly.
Commissioner Schoenwald motioned to engage HR with the Senior Center Director and make it
the top priority during the salary study. Commissioner Plaskett seconded the motion. The motion
carried 3-0.
MYBRARY – Kassie Antonucci, Director
1. Report on projects and activities. (Discussion)
Director Kassie Antonucci reported the combined stats for the Eureka and Crescent Valley
locations for April, May, and June were 728 visits with 696 items checked out and 135 internet
sessions. There were 37 programs with 117 visits to those programs.
NEVADA RURAL HOUSING – Katie Coleman, Director of Communications
1. Report on projects and activities. (Discussion)
Nevada Rural Housing Director of Communications Katie Coleman reported that Eureka has
provided $1.2 million in total private activity bond cap transfers, she explained it is not funding
from the budget but federal allocation that can be used to help expand homeownership
opportunities. The private activity bond cap is exclusively used to support the Launchpad
Homeownership Program and provide below-market interest rates paired with down payment
assistance. In the past year they assisted a Eureka homebuyer with a $319,000 mortgage.
2. Discuss, approve or deny the Resolution of the Board of Commissioners of Eureka County,
Nevada Providing for the Transfer of the County’s 2026 PRIVATE Activity Bond Volume Cap to
the Nevada Rural Housing Authority; and other matters related thereto. (For Possible Action)
Page 3 of 8 – August 4, 2026

Commissioner Plaskett motioned to approve the Resolution of the Board of Commissioners of
Eureka County, Nevada Providing for the Transfer of the County’s 2026 PRIVATE Activity Bond
Volume Cap to the Nevada Rural Housing Authority. Commissioner Schoenwald seconded the
motion. The motion carried 3-0.
GOLDEN OLDIES – Forest Anderson, Chairman
1. Discuss, approve or deny a fee waiver for the use of the Crescent Valley Community Center
Snack Shack for the Crescent Valley Community Sale on October 3, 2026. (For Possible Action)
Forest Anderson Chairman of the Golden Oldies went before the board to ask for a fee waiver for
the use of the Crescent Valley Community Center for the Crescent Valley Community Sale on
October 3, 2026. Discussion ensued over coordinating with the health district to get a health
certificate if food will be served out of the cook shack.
Commissioner Schoenwald motioned to approve waiving the fees for the Crescent Valley
Community Center for the Crescent Vally Community Sale October 2nd through October 4th.
Commissioner Plaskett seconded the motion. The motion carried 3-0.
HUMAN RESOURCES - Cristina Lopez, Human Resources Director
1. Report on Human Resources projects and activities. (Discussion)
Human Resources Director Cristina Lopez reported she has posted the Human Resources
Generalist/Manager position announcement. Director Lopez reported 4 FMLA cases. The 4x10
midpoint survey went out to all the employees the day prior. Director Lopez met with Paypoint
HR to discuss the upcoming compensation study and discussed pricing and preparations.
2. Discuss, approve, or deny increasing the authorized work schedule for Board of County
Commissioners Casual Employee Annette Broad from 19 hours per week to 29 hours per week
pursuant to Section 3.23.2 of the Eureka County Personnel Policy. (For Possible Action)
During the transitioning in the HR department and the summer internship ending Director Lopez
requested increasing her Casual Employees hours per week from 19 to 29.
Commissioner Plaskett motioned to approve increasing the authorized work schedule for Board of
County Commissioners Casual Employee Annette Broad from 19 hours per week to 29 hours per
week. Commissioner Schoenwald seconded the motion. The motion carried 3-0.
JUSTICE COURT – Judge Dorothy Rowley
1. Discuss, approve, or deny allowing the Office of Justice of the Peace to continue to receive certain
fees collected as compensation pursuant to NRS 6.060(4) and reported monthly to the
Commission as required by NRS 4.100. (For Possible Action)

Page 4 of 8 – August 4, 2026

Judge Rowley explained to the board that the Justice Court had been audited and had recently met
with the auditors to review their findings and recommendations. One finding was that portions of
fees collected under NRS 4.060 that Judge Rowley retains as compensation under NRS 4.060(4)
hadn’t received specific approval from the Commission. The auditors recommended that Judge
Rowley obtain specific authorization from the board to continue retaining a portion of the fees as
compensation. Judge Rowley explained that the Justice of the Peace position has always been
allowed to retain 75% of the fees for compensation, with 25% distributed as outlined by the
statute, with one exception being the wedding fee. Eureka Judges have kept $70 of the $75
wedding fee because weddings can be and generally are performed on weekends and anywhere in
the county. Judge Rowley explained that all fees have been reported and will continue to be
reported to the Treasurer and submitted for approval in the court’s monthly report to the
Commissioners.
Commissioner Plaskett motioned to approve the Office of Justice of the Peace continuing to
receive certain fees collected as compensation pursuant to NRS 4.060(4) and report monthly to the
Commission as required by NRS 4.100. Commissioner Schoenwald seconded the motion. The
motion carried 3-0.
SHERIFF - Miles Umina, Sheriff
1. Report on Sheriff's Office projects and activities. (Discussion)
Sheriff Miles Umina reported he has been working with EMS and several other mental health
organization on a Crisis Response Intervention Team. The Sheriff office is prepping for National
Night Out in Eureka on the 4th and in Crescent Valley on the 6th.
2. Discuss, approve or deny quote #SA013486 v1 from Goserco, Inc for an upgrade to the Eureka
County Sheriff’s Office Recording system for an amount not to exceed $41,006.10. (For Possible
Action)
The current 911 recording system is reaching its end of life, the quote from Goserco will cover the
hardware, software and services for 6 years.
Commissioner Plaskett motioned to approve the quote #SA013486 v1 from Goserco, Inc for an
upgrade to the Eureka County Sheriff’s Office Recording system for an amount not to exceed
$41,006.10. Commissioner Schoenwald seconded the motion. The motion carried 3-0.
3. Discuss, approve or deny accepting the 2026-2027 Joining Forces Traffic Enforcement grant in the
amount of $23,000 for the Sheriff Office. (For Possible Action)
Commissioner Plaskett motioned to approve accepting the 2026-2027 Joining Forces Traffic
Enforcement grant in the amount of $23,000 for the Sheriff Office. Commissioner Schoenwald
seconded the motion. The motion carried 3-0.
Page 5 of 8 – August 4, 2026

ROAD DEPARTMENT – Scooter Mentaberry, Road Supervisor
1. Report on Road Department projects and activities. (Discussion)
Road Supervisor Scooter Mentaberry reported on the roads the crews finished grading, they
responded with a grader and water truck to a few fires. The CDL training has continued and they
have a guy scheduled to take his test. The crew has been busy getting the Fair Grounds ready for
the upcoming events.

PUBLIC WORKS – Jeb Rowley, Public Works Director
1. Report on Public Works projects and activities. (Discussion)
Public Works Director Jeb Rowley reported he will begin hiring for the vacant road shop
mechanic position, and the road crew has been covering at the landfill. They have been running
updates on credit card readers at various locations and looking into other options that could be
more convenient. The Courthouse painting project is scheduled to begin on September 1st. The jail
assessment proposals are starting to come in, so there should be an update on that soon.
2. Discuss, approve or deny the quote from Westmark Trailers. Utilizing Sourcewell Purchasing
Contract # 092922-CER to Purchase a 7000-Gallon Water Tanker, in an amount not to exceed
$155,974.26, utilizing monies from capital outlay in the Road Fund (020-106-55010-000). (For
Possible Action)
The Memorandum of Understanding with Nevada Golds Mines continues to fund the grader and
water truck running on the JD Ranch Road, the purchase of a new 7000- Gallon water tanker
would be included.
Commissioner Plaskett motioned to approve the quote from Westmark Trailers. Utilizing
Sourcewell Purchasing Contract # 092922-CER to Purchase a 7000-Gallon Water Tanker, in an
amount not to exceed $155,974.26, utilizing monies from capital outlay in the Road Fund (020106-55010-000). Commissioner Schoenwald seconded the motion. The motion carried 3-0.
3. Discuss, approve or deny the quote from Peterbilt Truck Parts & Equipment, utilizing Sourcewell
Purchasing Contract # 032824 to purchase a Peterbilt Truck Model 567, in an amount not to exceed
$198,872.00 utilizing monies from capital outlay in the Road Fund (020-106-55010-000). (For
Possible Action)
The Peterbilt Truck Model 567 is the truck for the water tanker.
Commissioner Schoewnald motioned to approve the quote from Peterbilt Truck Parts & Equipment,
utilizing Sourcewell Purchasing Contract # 032824 to purchase a Peterbilt Truck Model 567, in an
amount not to exceed $198,872.00 utilizing monies from capital outlay in the Road Fund (020-10655010-000). Commissioner Plaskett seconded the motion. The motion carried 3-0.
Page 6 of 8 – August 4, 2026

NATURAL RESOURCES – Jake Tibbitts, Natural Resources Manager
1. Report on current and emerging natural resource issues affecting Eureka County. (Discussion)
Natural Resources Manager Jake Tibbitts reported the Callahan Complex horse gather was
completed on July 26th and they gathered and removed 2,000 horses. The Board received the
Record of Decision for the Mount Hope Project. The supplemental EIS for the Greenlink North
project was issued on July 25th, the communities of Kingston and Austin will hold meetings to
discuss the projects on the 12th and 19th of August. Manager Tibbitts attended the kickoff meeting
for the Nevada Gold Rail project. The State Land Use Planning Advisory Council is meeting in
Battle Mountain on August 5th. The County Advisory Board to Manage Wildlife will meet on the
10th and the Legislative Joint Interim Standing Committee on Natural Resources has a working
session on the 12th.
CORRESPONDENCE
1. Review correspondence. (Discussion)
Nevada Division of Environmental Protection termination of IUC long term permit GU07RL,
Nevada Division of Environmental Protection public notice of public hearing. Nevada Division of
Environmental Protection notice of proposed action, Nevada Division of Environmental
Protection notice of workshop, Nevada state director review of Record of Decision for the Mount
Hope project. NACO Conference Early Bird Registration announcement, NACO virtual energy
forum, NACO July 24 Newsletter, NACO board of directors July 2026 agenda packet. Poll for
September 2026 IEC meeting date, August 3 Rodent Board agenda, Rec Board July 28 agenda.
2. Commissioner reports on pertinent correspondence or other matters. (Discussion)
Nothing was reported.
PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item
until the matter has been specifically included on an agenda as an item upon which action will be
taken. Public comments may be limited to three (3) minutes per person. Public comment may be
allowed on “Action” items, in addition to the two times specified on the agenda. (Discussion)
Chairman McKay called for public comment in Eureka and Crescent Valley, hearing none he proceeded
to the next item.
2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice: The
public is welcome to request agenda items for future meetings during the Public Comment period
or may consult with one or more of the Board of Commissioners to request agenda items for future
meetings. (Discussion)
Nothing considered.
Page 7 of 8 – August 4, 2026

ADJOURNMENT
1. Adjournment of meeting.
Commissioner Schoenwald motioned to adjourn the meeting, Commissioner Plaskett seconded the
motion. The motion carried 3-0.
The meeting adjourned at 11:56am.
Prepared and submitted by Deputy Clerk Recorder Katleyn Ziemann.
Approved this 1st day of September 2026 by the Board of Eureka County Commissioners.
_______________________________
Chairman, Rich McKay
ATTEST: __________________________
Clerk Recorder Kathy Bowling

Page 8 of 8 – August 4, 2026

BOARD OF EUREKA COUNTY COMMISSIONERS
SEPTEMBER 15, 2026 MEETING MINUTES
STATE OF NEVADA
COUNTY OF EUREKA

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CALL TO ORDER
1. Approval of the agenda notice with addition of any emergency item and/or deletion of any item.
Unless otherwise stated, items may be taken out of the order presented on the agenda, in the
direction of the Chair. (For Possible Action)
2. Pledge of Allegiance.
The Board of Eureka County Commissioners met pursuant to law on September 15, 2026. Present
were Chairman Rich McKay, Vice Chair Marty Plaskett, Commissioner Mike Schoenwald, District
Attorney Ted Beutel and Clerk Recorder Kathy Bowling. The meeting was called to order at 9:30
a.m. The interactive video conferencing system was connected between Crescent Valley and Eureka
for the entire meeting.
Commissioner Plaskett motioned to approve the agenda with moving the Commissioner item #5
and the Northern Nevada OB/GYN items up to after the Comptroller items. Commissioner
Schoenwald seconded the motion. The motion carried 3-0.
The meeting began with the Pledge of Allegiance.
PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item
until the matter has been specifically included on an agenda as an item upon which action will be
taken. Public comments may be limited to three (3) minutes per person. Public comment may be
allowed on “Action” items, in addition to the two times specified on the agenda. (Discussion)
Chairman McKay called for public comment in both Eureka and Crescent Valley, Bobbie Sullivan,
the program director for the Nevada EMS office wanted to give clarification on a public comment
made at a previous commission meeting about the revocation of a permit to operate an ambulance
service. Bobbie Sullivan reassured that there has been no discussion of revoking any permit to
operate ambulance services in Eureka County. Ms. Sullivan referenced Nevada Administrative
Code 450B-580 #7 that speaks to a “brownout” of an ambulance if a vehicle goes out of service,
they recognize smaller departments struggle with 24/7 responses therefor they are not looking to
shut anyone down.

Page 1 of 12- September 15, 2026

2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice:
The public is welcome to request agenda items for future meetings during the Public Comment
period or may consult with one or more of the Board of Commissioners to request agenda items for
future meetings. (Discussion)
Commissioner Schoenwald mentioned the Crescent Valley Emergency group will be coming before
the board to request a fee waiver for the Community Center for an event held on October 10th.
APPROVAL OF MINUTES
1. Approval of the minutes of the September 1, 2026 Commission meeting. (For Possible Action)
Commissioner Plaskett motioned to approve the minutes from the September 1, 2026 Commission
meeting. Commissioner Schoenwald seconded the motion. The motion carried 3-0.
COUNTY COMPTROLLER – Kim Todd, Comptroller
1. Payment of expenditures. Notice: Expenditures received after action has been taken under this
Comptroller section may be presented and acted upon throughout the day. (For Possible Action)
The board along with Assistant Comptroller DeeAnna Colby reviewed the meeting expenditures.
Commissioner Plaskett motioned to approve expenditures in the amount of $2,549,669.59 and
passthroughs of $1,508.22 to the Nevada Department Taxation room tax, $1,443,452.63 to the
Nevada State Controller School taxes, $11,591.88 to Nevada State Controller, $109,800.00 to
Nevada Division of Minerals and $93.00 to the Washoe County Crime Lab. Commissioner
Schoenwald seconded the motion. The motion carried 3-0.
2. Review Fund Balance Report. (Discussion)
The board reviewed the current fund balance report.
COMMISSIONERS –
5. Discuss, approve or deny entering into a contractual agreement with P&C Recruiting HR for
Human Resources support for Eureka County effective September 15, 2026, for an amount of
$125/hour for up to 40 hours per work week and $62.50/hour for travel time fees. (For Possible
Action)
Rhonda Zuraff, Global Vice President of Business Development and Marketing for P&C Recruiting
HR explained they have been providing human resources services for the last 10 years. She
explained Eureka County reached out to explore potential services in an effort to bring human
Page 2 of 12- September 15, 2026

resources support to the county and its employees including interfacing with management teams,
overseeing compliance matters, offering compensation and benefits support, handling
investigations and ongoing employee relations. Public Works Director Jeb Rowley asked how P&C
Recruiting HR will help navigate current recruitments that are in place on NeoGov and what the
selection and onboarding process will look like. Rhonda Zuraff responded that they work with a
variety of entities as a collaborative process and they will initiate services to understand how the
county wishes for onboarding processes to continue. Rhonda Zuraff also mentioned they are
already scheduling a trip to come to Eureka and meet with all the department heads to help avoid
any delays.
Commissioner Plaskett motioned to approve entering into a contractual agreement with P&C
Recruiting HR for Human Resources support for Eureka County effective September 15, 2026, for
an amount of $125/hour for up to 40 hours per work week and $62.50/hour for travel time fees.
Commissioner Schoenwald seconded the motion. The motion carried 3-0.
NORTHERN NEVADA OB/GYN – Dr. Conrad Roberson
1. Present services that would be provided at the Eureka Medical Clinic. (Discussion)
Dr. Conrad Roberson is a board-certified OB-GYN specializing in women’s health of all ages
including delivering babies, he has been practicing in Northern Nevada for 13 years and he resides
in Elko where his clinic is located. Dr. Roberson explained that many of his patients come from the
Eureka area including Round Mountain, due to the long drive and bad winter weather his intent is
to provide an outreach clinic to take care of those patients. He would provide outpatient services in
the clinic while still doing any kind of surgeries at the hospital in Elko. Dr. Roberson would
provide everything he would need to work in Eureka; he is just looking for an office space. The
board discussed possible availability in the Eureka Clinic and a timeline Dr. Roberson is looking at.
2. Discuss, approve or deny entering into contract with Northern Nevada OB/GYN for FY2026-2027.
(For Possible Action)
No action taken.
COMMISSIONERS1. Review and discuss the 4x10 midpoint employee survey results from MarketSharePR. (Discussion)
In January 2026 Eureka County started a 4x10 work week pilot program, at the 6-month midpoint
mark a survey was sent to all employees to inquire about how the pilot is going. Kayla Scott with
MarketSharePR summarized the results of the survey. 37 employees responded to the survey, 24
switched to a 4x10 schedule for the pilot and 13 already worked a 4x10 work schedule. 92% of the
employees stated they prefer to stay on a 4x10, 95% rated their satisfaction a 4 or 5 out of 5, 89%
say the schedule helps attract and keep employees, 67% of new switchers see coverage gaps never
or rarely, 71% of new switchers say their productivity improved. Kayla Scott explained the results
of survey were very typical for midway through the pilot as people are getting used to the new
Page 3 of 12- September 15, 2026

schedule. The only challenge that was mentioned in the survey had to do with the day feeling
longer.
2. Discuss, approve or deny authorizing funds designated for skilled nursing services to go towards
care of a singular patient of Genesis Home Health Services; this would include two visits per week
at $300 per visit for a total of $600.00 beginning August 24, 2026 for an amount not to exceed
$4,800.00, to be re-evaluated in two months if the services are still required. (For Possible Action)
Commissioner Schoenwald motioned to approve the ratification authorizing funds designated for
skilled nursing services to go towards care of a singular patient of Genesis Home Health Services;
this would include two visits per week at $300 per visit for a total of $600.00 beginning August 24,
2026 for an amount not to exceed $4,800.00, to be re-evaluated in two months if the services are
still required. Commissioner Plaskett seconded the motion. The motion carried 3-0.
3. Discuss and consider formal requests to Congressional Delegation and BLM for conveyance of
targeted lands previously identified as available for disposal under provisions of the Federal Land
Policy and Management Act (FLPMA) with intended uses of attainable housing, community
growth and development, and associated necessary infrastructure. (For Possible Action)
Disposable lands are defined as land that is scattered and isolated and doesn’t meet the BLM’s
general management purposes, the Federal Land Policy and Management Act (FLPMA) defines
them as difficult or uneconomic to manage. Natural Resource Manager Tibbitts presented a map of
the entire county and showed lands that the BLM has gone through and identified as suitable for
disposal. The Governor’s office has worked on targeting land that could be used for attainable
housing and community development. The disposable land at the northern end of Eureka County is
identified specifically for exchange land where the BLM could work with private landowners. The
disposable land at the southern end of Eureka County is considered isolated and needed for
community expansion, separated by short term and long-term parcels. Sending a formal request to
Congressional Delegation and BLM for conveyance of targeted lands could be a great opportunity
to expand the land on the edge of the town of Eureka for community growth.
Commissioner Schoenwald motioned to approve a formal request to Congressional Delegation and
BLM for conveyance of targeted lands previously identified as available for disposal under
provisions of the Federal Land Policy and Management Act (FLPMA). Commissioner Plaskett
seconded the motion. The motion carried 3-0.
4. Discuss, approve or deny accepting Human Resources Director Cristina Lopez resignation effective
September 17, 2026. (For Possible Action)
Commissioner Plaskett motioned to approve accepting the resignation from Human Resources
Director Cristina Lopez effective September 17, 2026. Commissioner Schoenwald seconded the
motion. The motion carried 3-0.
Page 4 of 12- September 15, 2026

5. Discuss, approve or deny entering into an initial five (5) month contract with Nevada Strategies, a
Nevada LLC, to provide drafting, advisement, organization, and facilitation for an update of the
Eureka County organizational structure, compensation structure, personnel code and policies. For
an amount not to exceed $74,000.00 for Scope of Work Appendix A, and $24,000.00 for Scope of
Work Appendix B, subject to additional time and materials the Board may approve at a later
meeting. Effective September 15, 2026. Note: if the parties wish to renew the contract for an
additional five (5) month period, this matter must come before the Board for approval. (For
Possible Action)
Jim Barbee with Nevada Strategies was recently contracted to work on the master plan and
organizational review, through that process he realized there were other needs that the county
needed to address. Mr. Barbee will meet with department heads and elected officials and determine
if job descriptions are currently accurate. Jim Barbee will perform a compensation study and ensure
that positions in the County are identified at comparable ranges. Mr. Barbee will also review the
current HR policies and check for alignment with state law, state required NRS and make
recommendations to be elevated from the personnel policy into the County Code.
Commissioner Plaskett motioned to approve entering into an initial five (5) month contract with
Nevada Strategies, a Nevada LLC, for an amount not to exceed $74,000.00 for Scope of Work
Appendix A, and $24,000.00 for Scope of Work Appendix B, subject to additional time and
materials the Board may approve at a later meeting. Effective September 15, 2026. Commissioner
Schoenwald seconded the motion. The motion carried 3-0.
6. Discuss, approve or deny renewing contract with William Bee Ririe for FY 2026-2027, for an
amount not to exceed $666,874 with Eureka Clinic totaling $457,294 and Crescent Valley Clinic
totaling $209,580. (For Possible Action)
The Board discussed working with EMS Director Nichole Cooley and the Crescent Valley Medical
Services Advisory Committee on keeping track of the month-to-month staffing and patient count
reports.
Commissioner Plaskett motioned to approve renewing with contract with William Bee Ririe for FY
2026-2027, for an amount not to exceed $666,874 with Eureka Clinic totaling $457,294 and
Crescent Valley Clinic totaling $209,580. Commissioner Schoenwald seconded the motion. The
motion carried 3-0.
REHAB SERVICES – Demarah Gray, Owner
1. Report on services provided at the Eureka Medical Clinic. (Discussion)
Demarah Gray Owner of Rehab Services reported her company has been providing services to
Eureka County for 20 years, they provide 2 days of therapy a week seeing 8 patients a day. They
also provide home health services through Genesis. In November of 2025 they started performing
pre-employment screening for Turner Mining. Ms. Gray explained that she is planning on selling
her Eureka practice to the local therapist in Eureka, she suggested continuing the current contract
until the end of the year than working a contract with the new owner.

Page 5 of 12- September 15, 2026

2. Discuss, approve or deny renewing contract with Rehab Services for FY 2026-2027. (For Possible
Action)
No action was taken.
FLIGHT AND AMBULANCE – INTERMOUNTAIN HEALTH – John Mittelman, EMS Clinical Operations
Manager
1. Report on services provided to Eureka and Crescent Valley Emergency Services operations.
(Discussion)
John Mittelman, EMS Clinical Operations Manager for Intermountain Health Flight and
Ambulance reported covering Emergency Services in Eureka and Crescent Valley has been a
smooth transition and they are looking forward to the new housing situation and getting out of the
man camp. They are currently coming to Eureka County 12 days a month to help cover services as
well as events and activities. The contract with Intermountain Health is not up until April, the board
checked in with Mr. Mittelman to make sure they are still happy with how things are progressing.
2. Discuss, approve or deny renewing contract with Med Ex for FY2026-2027. (For Possible Action)
No action was taken.
VITALITY UNLIMITED – Marianne McKown, Outreach and Partnership Development Coordinator
1. Discuss, approve or deny Memorandum of Understanding between Eureka County and Vitality
Unlimited to ensure access to quality behavioral health care and coordination of services to
individuals in need of services throughout Eureka County. (For Possible Action)
Marianne McKown the Outreach and Partnership Development Coordinator with Vitality
Unlimited presented to the board a Memorandum of Understanding that they will provide quality
behavioral health care and coordination of services at no cost to the County. In September they
increased their hours in Crescent Valley, they are now at the Town Hall Tuesday through Friday
from 8:30am to 5pm. They are in the Raines Market parking lot in Eureka from 9:30am to 5pm
twice a month.
SENIOR CENTERS - Linda Gordon, Senior Center Program Director
1. Report on activities at the Eureka Senior Center and Fannie Komp Senior Center. (Discussion)
Senior Center Program Director Linda Gordon reported they deposited $2,612 for the month of
August, Eureka served 641 meals and Crescent Valley served 647 meals. 4-H beef was donated
from Nevada Gold Mines, lamb was donated from Mount Wheeler Power and Nevada Gold Mines
and goats were donated from Rocky Mountain Ag, the meat will be distributed to the seniors. Linda
discussed the request to put security cameras in the Crescent Valley senior center due to incidents
that have happened. The board discussed the request and asked for Public Works and IT to
coordinate on quotes that can be brought to a future meeting.
Page 6 of 12- September 15, 2026

The board took a 10-minute break.
Chairman McKay called the meeting back to order at 11:24am.
TOWN OF EUREKA AND SOUTHERN EUREKA COUNTY COMMUNITY AND ECONOMIC
DEVELOPMENT STRATEGY – Fred Steinmann, Director, University Center for Economic Development, UNR
College of Business
1. Receive presentation on, discuss and consider any response to new five-year Comprehensive
Community and Economic Development Strategy for the Town of Eureka and Southern Eureka
County. (For Possible Action)
Fred Steinmann, Director of University Center for Economic Development, UNR College of
Business gave a presentation on the new five-year Comprehensive Community and Economic
Development Strategy for the Town of Eureka and Southern Eureka County. The presentation
addressed the shortage of attainable housing for new and future residents, business revitalization
efforts and sustained economic development. Mr. Steinmann discussed enhancing access to
healthcare and day care services as well as pursuing development and completion of needed
emergency cervices enhancement. The key elements the Comprehensive Community and
Economic development strategy covered were economic resiliency and contingency. Caroline
McIntosh with UNR’s Small Business Development Center commented on the services that Great
Basin College can provide to the communities in Eureka County.
JUVENILE PROBATION – Steve Zimmerman, JPO
1. Discuss, approve or deny out of state travel for Marilyn Strickland-Adams and Melissa Schweble
to attend the Fall Substance Abuse Conference in St. George, UT on October 20-24, 2026. Note:
Registration, Hotel and Per Diems to be reimbursed from the Community Corrections Partnership
Block Grant. (For Possible Action)
Marilyn Strickland-Adams, the new staff member in the Juvenile Probation department, and
Melissa Schweble, the Girls Circle Facilitator, their travel to St. George, Utah for the Fall
Substance Abuse Conference will be reimbursed from the Community Corrections Partnership
Block Grant.
Commissioner Plaskett motioned to approve out of state travel for Marilyn Strickland-Adams and
Melissa Schweble to attend the Fall Substance Abuse Conference in St. George, UT on October 2024, 2026. Commissioner Schoenwald seconded the motion. The motion carried 3-0.

Page 7 of 12- September 15, 2026

IT – Misty Rowley, CIO
1. Discuss, approve or deny entering into a three-year Digital Solutions Agreement with GHD Digital
for the Govstack Premium Compliance-First Digital Platform, including website hosting, licensing,
support, document accessibility services, and related platform features, subject to final review and
agreement on legal terms and conditions by the County District Attorney’s Office. The subscription
term will begin on the earlier of 30 days after execution of the Agreement or October 30, 2026. The
current agreement will be extended through the subscription start date. Annual recurring
subscription fees are $15,497.00 for Year 1, $19,592.85 for Year 2, and $23,118.64 for Year 3, for a
total three-year subscription cost of $58,208.49. Authorize the CIO to execute the Agreement and
related Order Form outside of the meeting, following completion of the legal review and final
agreement on terms and conditions. Funds will be paid from monies budgeted for contract services,
account 010-018-53010-058, in the Technology Support budget. (For Possible Action)
CIO Misty Rowley and Webmaster Michael Mears explained that the Digital Solutions Agreement
will renew the current website services for the County website, and that the model changed slightly.
Mr. Mears explained one of the big changes is that beginning in April 2028 all government
websites have to be ADA compliant with following Web Content Accessibility Guidelines.
Commissioner Schoenwald motioned to approve entering into a three-year Digital Solutions
Agreement with GHD Digital for the Govstack Premium Compliance-First Digital Platform,
including website hosting, licensing, support, document accessibility services, and related platform
features, subject to final review and agreement on legal terms and conditions by the County District
Attorney’s Office. The subscription term will begin on the earlier of 30 days after execution of the
Agreement or October 30, 2026. The current agreement will be extended through the subscription
start date. Annual recurring subscription fees are $15,497.00 for Year 1, $19,592.85 for Year 2, and
$23,118.64 for Year 3, for a total three-year subscription cost of $58,208.49. Authorize CIO
Rowley to execute the Agreement and related Order Form outside of the meeting, following
completion of the legal review and final agreement on terms and conditions. Funds will be paid
from monies budgeted for contract services, account 010-018-53010-058, in the Technology
Support budget. Commissioner Plaskett seconded the motion. The motion carried 3-0.
The board took a lunch break.
Chairman McKay called the meeting back to order at 12:28pm.
AMBULANCE AND EMS – Nichole Cooley, EMS Director/Coordinator
1. Report on EMS projects, activities and contract services. (Discussion)
EMS Director/Coordinator Nichole Cooley reported for the month of August they went on a total
of 60 runs, Eureka had 40, Eureka MedEx had 2, Crescent Valley had 1 and Crescent Valley MedEx
had 17 and they brought in $9,813. Dental visits were 0, Genesis Home Health had 13 patients, the
Eureka clinic saw 320 patients and the Crescent Valley clinic saw 16 patients and Rehab Services
had 87 patients. Director Cooley reported they have started their Aspire program again this year
Page 8 of 12- September 15, 2026

and have 7 high school students signed up. EMS covered the Eureka Fair, the High School rodeo
and attended National Night Out.
2. Discuss, approve or deny a three-year renewal for Medix Safe cloud subscription for an amount not
to exceed $6,048.00, utilizing funds budgeted from capital outlay (010-054-55010-000). (For
Possible Action)
Medix Safe cloud is the subscription for the PIN pad and card safes in the ambulances to store the
narcotics, the software renewal will cover 3 years.
Commissioner Schoenwald motioned to approve a three-year renewal for Medix Safe cloud
subscription for an amount not to exceed $6,048.00, utilizing funds budgeted from capital outlay
(010-054-55010-000). Commissioner Plaskett seconded the motion. The motion carried 3-0.
SHERIFF - Miles Umina, Sheriff
1. Report on Sheriff's Office projects and activities. (Discussion)
Sheriff Miles Umina reported they have a student internship starting soon, the student has started
working with dispatch. December 1st is the end date for the policy project his office has been
working with Lexipol on, they have pushed out 160 policies so far with another 40 to go. On
September 12th the Sheriff’s Office assisted with the first annual Suicide Prevention and Hope Walk.
Sheriff Umina reported his deputies will be busy covering the Wine Walk, Car Show and
Homecoming. Sheriff Umina brought up a road closure request for the Wine Walk to happen on
September 16th, the Board agreed to allow the road closure and have a ratification on the next
agenda.
2. Discuss, approve or deny quote #28758/9 from Desert Hills Fire & Security Systems for an
upgrade to the Eureka County Sheriff’s Office Camera system for an amount not to exceed
$21,835.00, utilizing funds budgeted from Capital Outlay (010-034-55010-000). (For Possible
Action)
The upgrade to the Eureka County Sheriff’s Office Camera system also includes moving the DVR’s
out of the NOC room to make more room for the AT&T equipment and move it all to the cloud/onsite storage systems.
Commissioner Plaskett motioned to approve quote #28758/9 from Desert Hills Fire & Security
Systems for an upgrade to the Eureka County Sheriff’s Office Camera system for an amount not to
exceed $21,835.00, utilizing funds budgeted from Capital Outlay (010-034-55010-000).
Commissioner Schoenwald seconded the motion. The motion carried 3-0.

Page 9 of 12- September 15, 2026

PUBLIC WORKS – Jeb Rowley, Public Works Director
1. Update on Public Works projects and activities. (Discussion)
Public Works Director Jeb Rowley reported they have been working on HVAC issues and are
looking at replacing a rooftop unit on the courthouse. Devils Gate GID 1 was chosen by NDEP for
testing from the wells and individual residents. They are continuing to update the water
conservation plan and running meter usage from well sites and metered customer connections.
Director Rowley reported there are 749 metered connections, which is 108 more active connections
than there were 3 years ago. The Crescent Valley Park renovations and exercise equipment
installation is being reassessed for best location for the equipment, they are hoping that the
equipment could be protected from weather if installed under the gazebo. The courthouse carpet
project has started and companies have come out and measured and will be giving their quotes
soon.
2. Discuss, approve or deny accepting a quote from Chuck Reinford in the amount of $2,950.00 to
purchase and install an 8x10 overhead door at the Eureka Road Shop, utilizing funds budgeted
from Capital Outlay in the Road Department fund (020-106-55010-000). (For Possible Action)
The 8x10 overhead door will enclose the new air compressor room that has been built at the Eureka
Road Shop.
Commissioner Plaskett motioned to approve the quote from Chuck Reinford in the amount of
$2,950.00 to purchase and install an 8x10 overhead door at the Eureka Road Shop, utilizing funds
budgeted from Capital Outlay in the Road Department fund (020-106-55010-000). Commissioner
Schoenwald seconded the motion. The motion carried 3-0.
3. Discuss, approve or deny out-of-state travel for two Public Works employees to attend Power
Generation Training in Phoenix, Arizona, October 19–22, 2026. (For Possible Action)
Commissioner Plaskett motioned to approve out-of-state travel for two Public Works employees to
attend Power Generation Training in Phoenix, Arizona, October 19–22, 2026. Commissioner
Schoenwald seconded the motion. The motion carried 3-0.
4. Discuss, approve or deny temporary increases to County credit card purchasing limits to cover
September and October 2026 travel and training expenses, as follows: (a) David Jones, temporary
limit increase to $2,500.00; and (b) Trent Gordon, temporary limit increase to $2,500.00. (For
Possible Action)
Commissioner Schoenwald motioned to approve temporary increases to County credit card
purchasing limits to cover September and October 2026 travel and training expenses, as follows:
(a) David Jones, temporary limit increase to $2,500.00; and (b) Trent Gordon, temporary limit
increase to $2,500.00. Commissioner Plaskett seconded the motion. The motion carried 3-0.
Page 10 of 12- September 15, 2026

5. Discuss, approve or deny quote from Empire Cat in the amount of $66,667.00 for a backup
generator at the Eureka County Medical Clinic under Source Well contract #092222-Cat, utilizing
funds budgeted in (040-130-55010-000) Building Maintenance Capital Outlay Fund. (For Possible
Action)
No action was taken.
NATURAL RESOURCES – Jake Tibbitts, Natural Resources Manager
1. Report on current and emerging natural resource issues affecting Eureka County. (Discussion)
Natural Resources Manager Jake Tibbitts reported the Conservation District and NRAC will have
meetings on September 16th the County Advisory Board to Manage Wildlife will meet on the 17th
and the following week Manager Tibbitts will travel to the NACO conference. On the 22nd the BLM
will meet to discuss the Greater Sage Grouse Resource Management Plan implementation with
counties. The Fallon Range Training Complex will meet and hold a community benefits agreement
workshop the following week. Balanced Rock Power will be holding an open house at the Opera
House on October 20th to discuss their solar project in Diamond Valley.
2. Discuss and consider commenting on US Forest Service proposed recission of the 2001 Roadless
Area Conservation Rule. (For Possible Action)
Eureka County has been involved with the US Forest Service Roadless Area Conservation for the
past 25 years and recently approved a letter for scoping on the proposed rule. NRAC will discuss
the comments for the US Forest Service proposed recission of the 2001 Roadless Area
Conservation Rule at their meeting on the 16th.
Commissioner Plaskett motioned to approve commenting on the US Forest Service proposed
recission of the 2001 Roadless Area Conservation Rule and endorsing NRAC to make any
adjustments at their meeting. Commissioner Schoenwald seconded the motion. The motion carried
3-0.
CORRESPONDENCE
1. Review correspondence. (Discussion)
Kindergarten Readiness Resource email regarding a free readiness program for 2027
Kindergarteners. Nevada Secretary of State Francisco Aguilar responds to court order blocking
federal mail ballot requirements, Nevada Secretary of State summer newsletter the new Orion
Launch. Secretary of State Francisco Aguilar announces a decrease in active registered voters in
August 2026. 2026 County Government survey from Penn State. Center for public opinion survey
from University of Illinois System Institute of Government and Public Affairs. Reminder for the
September 9 Nevada Federal Resources and partnership forum. NDEP Response Second quarter
2026 Groundwater Monitoring Report for Sams Corner Store. NACO August 28, September 4
Newsletter, NACO Board meeting Summary August 2026, September 16 Eureka Conservation

Page 11 of 12- September 15, 2026

District Agenda, September 16 NRAC Agenda, September 17 Eureka County Advisory Board to
Manage Wildlife Agenda.
2. Commissioner reports on pertinent correspondence or other matters. (Discussion)
Nothing reported.
PUBLIC COMMENT
1. Public comment and discussion. Notice: No action may be taken on a matter raised under this item
until the matter has been specifically included on an agenda as an item upon which action will be
taken. Public comments may be limited to three (3) minutes per person. Public comment may be
allowed on “Action” items, in addition to the two times specified on the agenda. (Discussion)
Chairman McKay called for public comment in both Eureka and Crescent Valley, David Meyers
with JUB Engineers introduced himself to the Board, he is the aviation project manager for JUB.
2. Consider items requiring action to be placed on the agenda for the next regular meeting. Notice:
The public is welcome to request agenda items for future meetings during the Public Comment
period or may consult with one or more of the Board of Commissioners to request agenda items for
future meetings. (Discussion)
The Eureka representatives for the Boys and Girls Club reached out for a fee waiver to use the
fairgrounds for the Poker Run on Saturday October 3rd, the item will go on the next agenda as a
ratification. Clerk Recorder Kathy Bowling commented that the August 4th Commission minutes
will be back on the next agenda for re-approval after requested edits.
ADJOURNMENT
1. Adjournment of meeting.
Commissioner Plaskett motioned to adjourn the meeting, Commissioner Schoenwald seconded the
motion. The motion carried 3-0.
Meeting adjourned at 1:46pm.
Prepared and submitted by Deputy Clerk Recorder Katelyn Ziemann.
Approved this 6th day of October 2026 by the Board of Eureka County Commissioners.
_____________________________
Chairman, Rich McKay
ATTEST: _____________________________
Clerk Recorder Kathy Bowling

Page 12 of 12- September 15, 2026

Commissioner Approval Report

By Fund

Eureka County, Nevada

Payment Dates 9/16/2026 - 10/6/2026
Vendor Name

Post Date

Description (Item)

Fund: 010 - GENERAL FUND
Department: 001 - COUNTY COMMISSIONERS
RESERVE ACCOUNT
114718
ALLISON MACKENZIE ET AL
114611
ALLISON MACKENZIE ET AL
114611
THE EUREKA COUNTY STAR
114735
NEVADA CENTRAL MEDIA, LLC 114686
LP INSURANCE SERVICES LLC 114674
LUMOS & ASSOCIATES
114675
EUREKA COUNTY SENIOR CEN… 114641
NEVADA STRATEGIES LLC
114688

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-001-53010-318
1488-00023 Eureka Co/Groun… 010-001-53010-386
1488-00076 Eureka CO/Supr… 010-001-53010-386
LEGAL ADVERTISING
010-001-53010-220
LEGAL ADVERTISING
010-001-53010-220
Broker Insurance Fee
010-001-52010-000
Eu Co Subdivision Topographic…010-001-55010-000
COMMISSIONER MEALS
010-001-53010-000
OCTOBER FEES
010-001-53010-058
Department 001 - COUNTY COMMISSIONERS Total:

1.07
860.00
146.25
1,300.00
360.00
115.60
13,197.10
41.00
19,600.00
35,621.02

Department: 002 - TREASURER
RESERVE ACCOUNT
114718
RESERVE ACCOUNT
114718
LP INSURANCE SERVICES LLC 114674
QUILL CORPORATION
114711
QUILL CORPORATION
114711

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-002-53010-318
AUG. 1-AUG. 31 2026 Postage 010-002-53010-318
Broker Insurance Fee
010-002-52010-000
credit
010-002-53010-300
QUILL
010-002-53010-300
Department 002 - TREASURER Total:

2.34
12.99
115.60
-40.79
40.79
130.93

Department: 003 - RECORDER
RESERVE ACCOUNT
114718
AT&T MOBILITY
114617
LP INSURANCE SERVICES LLC 114674
RUBY MOUNTAIN NATURAL S… 114722

10/06/2026
10/06/2026
10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-003-53010-318
Phone
010-003-53010-360
Broker Insurance Fee
010-003-52010-000
OFFICE WATER
010-003-53010-000
Department 003 - RECORDER Total:

20.10
34.74
192.66
28.50
276.00

Department: 004 - ASSESSOR
RESERVE ACCOUNT
114718
RESERVE ACCOUNT
114718
AT&T MOBILITY
114617
RECK, HAYLEY
114714
LP INSURANCE SERVICES LLC 114674
MEARS, MICHAEL A
114680
OFFICE PRODUCTS INC
114696
NV DEPT OF TAXATION
114693
CRIMM, MATTHEW
114634

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-004-53010-318
AUG. 1-AUG. 31 2026 Postage 010-004-53010-318
Phone
010-004-53010-360
Assessor Conference
010-004-53010-370
Broker Insurance Fee
010-004-52010-000
per diem for assessor confere… 010-004-53010-370
KONICA CONTRACT
010-004-53010-242
Test fees
010-004-53010-370
FALLON PER DIEM
010-004-53010-370
Department 004 - ASSESSOR Total:

0.78
38.01
51.16
291.12
154.13
28.00
27.68
25.00
28.00
643.88

Department: 006 - HUMAN RESOURCES
XEROX CORPORATION
114748
AT&T MOBILITY
114617
WILLIAM BEE RIRIE HOSPITAL… 114745
LP INSURANCE SERVICES LLC 114674
RUBY MOUNTAIN NATURAL S… 114722
PRAY & COMPANY HR & BUSI… 114707

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Machine Maintenance
010-006-53010-242
Phone
010-006-53010-360
HR Drug Tests
010-006-53010-313
Broker Insurance Fee
010-006-52010-000
HR - Water
010-006-53010-000
Invoice #1: Week 1 & 2
010-006-51010-000
Department 006 - HUMAN RESOURCES Total:

26.56
51.16
135.00
38.53
11.50
8,321.04
8,583.79

Department: 010 - ELECTION
RESERVE ACCOUNT
114718
SECRETARY OF STATE, ATTN: … 114723

10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-010-53010-318
SOFTWARE CONTRACT
010-010-53010-112
Department 010 - ELECTION Total:

37.70
1,000.00
1,037.70

Department: 011 - COMPTROLLER
AT&T MOBILITY
114617
LP INSURANCE SERVICES LLC 114674
TODD, KIMBERLY
114738

10/06/2026
10/06/2026
10/06/2026

Phone
Broker Insurance Fee
CFOA Conference

10/1/2026 3:18:46 PM

Payment Number

Account Number

010-011-53010-360
010-011-52010-000
010-011-53010-370

Amount

37.74
115.60
542.84

Page 1 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Post Date

Description (Item)

COLBY, DEEANNA
114629
OVERSON, BETTY
114700
TYLER BUSINESS FORMS - THE… 114739
TYLER BUSINESS FORMS - THE… 114739
RESERVE ACCOUNT ANNEX
114720

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

CFOA Conference
010-011-53010-370
CFOA Conference
010-011-53010-370
Tax Forms
010-011-53010-300
1099 Forms/Envelpoes
010-011-53010-000
Postage-Comptroller
010-011-53010-318
Department 011 - COMPTROLLER Total:

425.84
425.84
182.64
495.56
738.19
2,964.25

Department: 012 - ANNUAL AUDIT & BUDGET
EIDE BAILLY, LLP
114637

10/06/2026

FY26 Audit & Tech Fee
010-012-53010-165
Department 012 - ANNUAL AUDIT & BUDGET Total:

3,150.00
3,150.00

Department: 015 - BUILDINGS & GROUNDS
ULINE
114740
WELLS PROPANE
114742
WELLS PROPANE
114742
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
HUNT & SONS, INC
114655
CHARLES CHESTER PLUMBING… 114628
SUBURBAN PROPANE - ELY
114728
SUBURBAN PROPANE - ELY
114728
SUBURBAN PROPANE - ELY
114728
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
QUILL CORPORATION
114711
WESTERN NV SUPPLY CO
114744
LP INSURANCE SERVICES LLC 114674
ALLIED FIRE PROTECTION, INC 114610
SUBURBAN PROPANE - ELY
114728
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
QUILL CORPORATION
114711
QUILL CORPORATION
114711
QUILL CORPORATION
114711
QUILL CORPORATION
114711
QUILL CORPORATION
114711
SUBURBAN PROPANE - ELY
114728
SUBURBAN PROPANE - ELY
114728
HIGH DESERT RTO
114651

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

supplies
010-015-53750-195
Propane - CV Ambulance Bay 010-015-53719-160
Propane - CV Justice Facility
010-015-53723-160
COURT HOUSE CONTRACT SE… 010-015-53710-058
CLINIC CONTRACT SERVICES 010-015-53718-058
OPERA HOUSE CONTRACT SE… 010-015-53740-058
HEATING FUEL
010-015-53740-160
MAINT/REPAIRS
010-015-53729-330
propane
010-015-53729-160
Propane-Airport
010-015-53707-160
Tank Rent
010-015-53707-160
11 N Main St-Caboose
010-015-53760-105
31 S Main St
010-015-53740-105
701 S Main St
010-015-53715-105
Power
010-015-53773-105
Clinic
010-015-53718-105
Eureka Fire Station
010-015-53751-105
DV Fire Station
010-015-53766-105
Ambulance Bay
010-015-53769-105
Sheriffs Office
010-015-53730-105
Fairgrounds Lg Arena
010-015-53771-105
Fairgrounds Horseshoe Pits
010-015-53771-105
Senior Center
010-015-53729-105
Library
010-015-53762-105
Courthouse
010-015-53710-105
Museum
010-015-53745-105
Swimming Pool
010-015-53750-105
Security Lights
010-015-53774-105
Airport
010-015-53707-105
Airport Security
010-015-53707-105
COURT HOUSE CONTRACT SE… 010-015-53710-058
CLINIC CONTRACT SERVICES 010-015-53718-058
CONTRACT SERVICES-ANNEX 010-015-53715-058
OPERA HOUSE CONTRACT SE… 010-015-53740-058
SO Janitorial Supplies
010-015-53730-195
REPAIRS/MAINT
010-015-53760-330
Broker Insurance Fee
010-015-52010-000
MAINT/REPAIRS
010-015-53722-330
Propane - DV Ambulance Bay 010-015-53766-160
COURT HOUSE CONTRACT SE… 010-015-53710-058
CLINIC CONTRACT SERVICES 010-015-53718-058
OPERA HOUSE CONTRACT SE… 010-015-53740-058
CV ADMIN JANSUPP/PW OFF… 010-015-53722-195
JANSUPP - PW/SO/OH/CH
010-015-53710-195
JANSUPP - PW/SO/OH/CH
010-015-53715-195
JANSUPP - PW/SO/OH/CH
010-015-53730-195
JANSUPP - PW/SO/OH/CH
010-015-53740-195
Propane-Diamond Valley Fire 010-015-53766-160
Propane-Annex
010-015-53715-160
MAINT/REPAIRS
010-015-53750-330

125.00
79.34
407.06
24.83
60.81
15.96
309.72
1,925.00
123.52
626.55
1.00
50.05
1,234.84
613.59
41.09
506.09
593.01
110.98
217.54
1,161.91
126.46
188.36
733.28
121.03
2,433.15
157.42
1,139.81
96.18
360.21
140.86
24.83
60.81
158.49
15.96
33.03
517.81
77.06
7,775.69
198.38
24.83
60.81
15.96
416.86
14.39
14.39
14.39
14.39
313.09
395.21
125.00

10/1/2026 3:18:46 PM

Payment Number

Account Number

Amount

Page 2 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Post Date

Description (Item)

REDI SERVICES LLC
114715
ALERTLINE COMMUNICATION… 114609
ALERTLINE COMMUNICATION… 114609

10/06/2026
10/06/2026
10/06/2026

CONTRACT SERVICE
010-015-53768-058
ELEVATOR 911 MONITORING 010-015-53710-058
ELEVATOR 911 MONITORING 010-015-53740-058
Department 015 - BUILDINGS & GROUNDS Total:

240.00
177.00
177.00
24,590.03

Department: 016 - AIRPORT
LUMOS & ASSOCIATES
114675
DBT TRANSPORTATION SERVI… 114635
DBT TRANSPORTATION SERVI… 114635
LUMOS & ASSOCIATES
114675
LUMOS & ASSOCIATES
114675

10/06/2026
10/06/2026
10/06/2026
09/21/2026
10/06/2026

Airport Valley Gutter & Pave… 010-016-53010-357
Quote Match
010-016-55010-000
CONTRACT SERVICES
010-016-53010-058
Airport Valley Gutter & Pave… 010-016-53010-357
Airport SRE Building & Lighted… 010-016-55010-000
Department 016 - AIRPORT Total:

6,240.00
5,000.00
7,210.00
4,440.00
6,165.00
29,055.00

Department: 017 - NRAC COMMITTEE
CONLEY, RUSSELL
114631
BLISS, CHAD D
114621
RESERVE ACCOUNT ANNEX
114720

10/06/2026
10/06/2026
10/06/2026

Regular NRAC Meeting on 9/1… 010-017-53010-370
Regular NRAC Meeting on 9/1… 010-017-53010-370
Postage-NRAC
010-017-53010-318
Department 017 - NRAC COMMITTEE Total:

15.20
12.16
19.71
47.07

Department: 018 - TECHNOLOGY SUPPORT
RUBY MOUNTAIN NATURAL S… 114722
QUEST MEDIA & SUPPLIES INC 114709
QUEST MEDIA & SUPPLIES INC 114709
COMMNET WIRELESS
114630
COMMNET WIRELESS
114630
AT&T MOBILITY
114617
AT&T MOBILITY
114617
GBIS HOLDINGS INC
114646
SIERRA NV CONSTRUCTION INC 114726
IRONCLAD, INC
114658
LP INSURANCE SERVICES LLC 114674
CDW GOVERNMENT INC
114626
LEGALENG CONSULTING GRO… 114670
LUMOS & ASSOCIATES
114675
CDW GOVERNMENT INC
114626
SYBER NETWORKS LLC
114733
SYBER NETWORKS LLC
114733
KANSAS CITY LIFE INSURANCE… 114663

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Supplies
010-018-53010-000
MS
010-018-53010-058
VOIP TELCO
010-018-53010-058
CV Townhall Broadband Sept26 010-018-53010-224
CV Medical Clinic Broadband … 010-018-53010-224
Phone
010-018-53010-224
Phone
010-018-53010-360
yucca mountain website hosti… 010-018-53010-058
Fiber
010-018-55010-203
Contract Software Annual Ren… 010-018-53010-046
Broker Insurance Fee
010-018-52010-000
SP LT
010-018-53010-000
Contract Services
010-018-53010-058
Phase 2c - CM Services
010-018-55010-203
SP LT
010-018-53010-000
MS & Datto
010-018-53010-058
Contract Services OS
010-018-53010-058
COBRA S. Talbot Life Only
010-018-52010-000
Department 018 - TECHNOLOGY SUPPORT Total:

54.00
4,185.00
243.26
1,580.00
393.75
99.55
469.97
104.95
56,962.28
41,000.00
115.60
2,253.44
1,733.33
4,391.42
2,279.98
6,575.00
5,200.00
15.09
127,656.62

Department: 019 - PLANNING COMMISSION
NEVADA STRATEGIES LLC
114688

10/06/2026

CONTRACT SERVICES
010-019-53010-000
Department 019 - PLANNING COMMISSION Total:

10,000.00
10,000.00

Department: 020 - MISCELLANEOUS
EQUIFAX WORKFORCE SOLUT… 114640
ANTHEM BCBS
114612

10/06/2026
10/06/2026

Unemployment
010-020-52011-000
COBRA I. Davila OCT Premium 010-020-53010-172
Department 020 - MISCELLANEOUS Total:

38.20
3,809.00
3,847.20

Department: 022 - JUVENILE PROBATION
REDWOOD TOXICOLOGY LAB… 114716
M HARPER STUDIOS
114676
M HARPER STUDIOS
114676
RESERVE ACCOUNT
114718
LP INSURANCE SERVICES LLC 114674
ZIMMERMAN, STEVE
114749
OFFICE PRODUCTS INC
114696
OFFICE PRODUCTS INC
114696
OFFICE PRODUCTS INC
114696
ZIMMERMAN, STEVE
114749

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Drug Screening
010-022-53010-000
Business Cards
010-022-53010-300
Business Cards
010-022-53010-300
AUG. 1-AUG. 31 2026 Postage 010-022-53010-318
Broker Insurance Fee
010-022-52010-000
Transport to Vegas - Overnight…010-022-53010-370
Machine Maintenance
010-022-53010-098
Machine Maintenance
010-022-53010-242
Machine Maintenance
010-022-53010-359
Parents Vs Kids Game Supplies…010-022-53010-000
Department 022 - JUVENILE PROBATION Total:

37.74
120.00
120.00
31.20
77.06
63.00
24.00
13.20
24.00
243.91
754.11

Department: 024 - DISTRICT ATTORNEY
RUBY MOUNTAIN NATURAL S… 114722
XEROX CORPORATION
114748

10/06/2026
10/06/2026

OFFICE WATER
Machine Maintenance

37.00
34.87

10/1/2026 3:18:46 PM

Payment Number

Account Number

010-024-53010-300
010-024-53010-242

Amount

Page 3 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Post Date

Description (Item)

BEUTEL, THEODORE
114620
QUILL CORPORATION
114711
QUILL CORPORATION
114711
QUILL CORPORATION
114711
AT&T MOBILITY
114617
PENNSYLVANIA DEPT OF TRA… 114703
BEUTEL, THEODORE
114620
LP INSURANCE SERVICES LLC 114674
GREGORY INSURANCE AGENCY 114648
MARQUIS AURBACH CHTD.
114677
BEUTEL, THEODORE
114620
RESERVE ACCOUNT ANNEX
114720

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

American Bar Association fees 010-024-53010-370
OFFICE SUPPLIES
010-024-53010-300
OFFICE SUPPLIES
010-024-53010-300
Office Supplies
010-024-53010-300
Phone
010-024-53010-360
DMV records request
010-024-53010-176
Travel to and from C.V for cou… 010-024-53010-370
Broker Insurance Fee
010-024-52010-000
NOTARY BOND
010-024-53010-370
public records request
010-024-53010-058
Travel to and from C.V for cou… 010-024-53010-370
Postage-District Attorney
010-024-53010-318
Department 024 - DISTRICT ATTORNEY Total:

336.00
86.52
178.70
433.79
40.07
47.00
222.68
154.15
112.50
25.00
203.68
127.18
2,039.14

Department: 026 - DISTRICT COURT
RESERVE ACCOUNT
114718
NV DIV OF CHILD & FAMILY (Y… 114694

10/06/2026
10/06/2026

AUG. 1-AUG. 31 2026 Postage 010-026-53010-318
China Spring Participation fee … 010-026-53010-060
Department 026 - DISTRICT COURT Total:

26.74
7,997.00
8,023.74

Department: 028 - JUSTICE COURT
WRIGHT, GRACE
114747
PARMLEY, CHAOS
114701
OSMOTHERLY, HAYDN
114698
OSMOTHERLY, MAKAYLAH
114699
AT&T MOBILITY
114617
SERGIAN, MARC CHRISTOPHER 114724
HALE, JESSICA
114649
LP INSURANCE SERVICES LLC 114674
GAUMOND, BENJAMIN C. ESQ. 114645
PRUNTY, ALEXANDER CHASE 114708
RICE, TRINITY
114721
RADKE, KEVIN HOWARD
114712
FRELIN, STACI
114643
RESERVE ACCOUNT ANNEX
114720
ANTHEM BCBS
114612
KANSAS CITY LIFE INSURANCE… 114663

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

witness fee
010-028-53010-410
witness fee
010-028-53010-410
witness fee
010-028-53010-410
witness fee
010-028-53010-410
Phone
010-028-53010-360
OVERPAYMENT REFUND 26CT… 010-028-36003-000
witness fee
010-028-53010-410
Broker Insurance Fee
010-028-52010-000
BOND REFUND 26CT213
010-028-25007-000
BAIL REFUND 26TR84
010-028-25007-000
BAIL REFUND 26CR26 (ZATZKE) 010-028-25007-000
OVERPAYMENT REFUND 26CT… 010-028-36003-000
BAIL REFUND 26TR86
010-028-25007-000
Postage-Justice Court
010-028-53010-318
COBRA J. Flanagan OCT Premi… 010-028-52010-000
COBRA J. Flanagan Dental/Visi… 010-028-52010-000
Department 028 - JUSTICE COURT Total:

25.00
25.00
25.00
25.00
91.23
3.00
25.00
154.13
75.00
285.00
2,750.00
5.00
785.00
107.54
2,307.12
123.36
6,811.38

Department: 034 - SHERIFF
AT&T BOX 5025
114615
XEROX CORPORATION
114748
EUREKA SUPPLY
114642
AT&T LONG DISTANCE
114616
XEROX CORPORATION
114748
AT&T BOX 5025
114615
SHOAF, BRIAN
114725
SYSCO INTERMOUNTAIN FOOD 114734
RUBY MOUNTAIN NATURAL S… 114722
RESERVE ACCOUNT
114718
AT&T MOBILITY
114617
AT&T MOBILITY
114617
AT&T MOBILITY
114617
AT&T BOX 5001
114613
THOMAS, TYLER
114737
PILOT THOMAS LOGISTICS, LLC…114706
LANDER COUNTY SHERIFF'S O… 114668
NV STATE GOVERNOR'S TECH… 114695
ELKO COUNTY SHERIFFS OFFI… 114638
iTOUCH BIOMETRICS, LLC
114660
LP INSURANCE SERVICES LLC 114674
LP INSURANCE SERVICES LLC 114674
LP INSURANCE SERVICES LLC 114674

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

ATT PHONE LINE
SO Main Copier
Radar Trailer Equipment
Long Distance
Civil Printer
Long Distance
POST - PLI Training
PV BBQ
Water
AUG. 1-AUG. 31 2026 Postage
ATT Phones
Phone
Phone
911 Usag
DESERT SNOW - TRAINING
Fuel Sheriff's Office
Inmate Housing - Cedeno
RACK SPACE RENT
INMATE MEDICATION
11/20/26 - 11/19/27 Contract
Broker Insurance Fee
Broker Insurance Fee
Broker Insurance Fee

698.16
38.19
132.99
203.57
30.08
7,755.28
225.00
281.20
20.00
1.56
1,330.37
348.32
75.48
10.08
302.00
1,003.52
1,500.00
1,236.04
299.10
8,910.00
192.66
269.72
231.19

10/1/2026 3:18:46 PM

Payment Number

Account Number

010-034-53010-360
010-034-53010-242
010-034-53105-245
010-034-53010-360
010-034-53010-242
010-034-53010-360
010-034-53010-370
010-034-53010-082
010-034-53010-300
010-034-53010-318
010-034-53010-360
010-034-53010-044
010-034-53010-360
010-034-53010-361
010-034-53010-370
010-034-53105-130
010-034-53010-263
010-034-53010-044
010-034-53010-263
010-034-53010-058
010-034-52020-000
010-034-52022-000
010-034-52024-000

Amount

Page 4 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Post Date

Description (Item)

LP INSURANCE SERVICES LLC 114674
LEHR
114671
2862 COMMUNICATIONS LLC 114607
2862 COMMUNICATIONS LLC 114607
THE RIDGE PLLC
114736
SHOAF, BRIAN
114725
RUBY MOUNTAIN NATURAL S… 114722
SUNDOWN LODGE
114729
ELKO COUNTY SHERIFFS OFFI… 114638
BURROFF AND ASSOCIATES, L… 114623
BURROFF AND ASSOCIATES, L… 114623
BURROFF AND ASSOCIATES, L… 114623
RESERVE ACCOUNT ANNEX
114720
INTERNATIONAL ACADEMIES … 114657

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Broker Insurance Fee
010-034-52026-000
New Radios
010-034-53010-000
SO KMC-72W Speaker Mic Noi… 010-034-53010-044
SO Troubleshoot and Update 010-034-53010-044
Professional Services
010-034-53010-248
Per Diem - Mileage NAMI Awa… 010-034-53010-370
Office Water
010-034-53010-300
Shoaf Hotel Car Show Coverage 010-034-53010-370
Inmate Housing - Ellingson
010-034-53010-263
Deputy Annual Wellness Visit 010-034-53010-248
Deputy Annual Wellness Visit 010-034-53010-248
Deputy Annual Wellness Visit 010-034-53010-248
Postage- Sheriff's Office
010-034-53010-318
IAED ED-Q Recertification
010-034-53010-370
Department 034 - SHERIFF Total:

346.79
1,487.50
330.42
624.80
880.00
512.24
20.00
67.28
450.00
800.00
715.00
715.00
47.67
110.00
32,201.21

Department: 040 - EMERGENCY MNGMNT
L N CURTIS AND SONS
114665
L N CURTIS AND SONS
114665
AT&T MOBILITY
114617
AT&T MOBILITY
114617
WILLIAM BEE RIRIE HOSPITAL… 114746
NV STATE GOVERNOR'S TECH… 114695
WILLIAM BEE RIRIE HOSPITAL… 114745
L N CURTIS AND SONS
114665
SYBER NETWORKS LLC
114733

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

DV Fire - FIRE/EMS EQUIP - E… 010-040-53010-120
DV Fire - FIRE/EMS EQUIP - E… 010-040-53010-120
Phone
010-040-53010-000
Phone
010-040-53010-043
FIRE & CDL PHYSICAL
010-040-53010-000
RACK SPACE RENT
010-040-53010-058
FIRE PHYSICAL
010-040-53010-000
DV Fire PPE - WILDLAND
010-040-53010-320
CONTRACT SERVICES
010-040-53010-058
Department 040 - EMERGENCY MNGMNT Total:

922.32
519.80
250.48
1,394.31
1,565.00
1,236.06
295.00
194.21
300.00
6,677.18

Department: 042 - PUBLIC WORKS
XEROX CORPORATION
114748
XEROX CORPORATION
114748
QUILL CORPORATION
114711
RUBY MOUNTAIN NATURAL S… 114722
AT&T MOBILITY
114617
AT&T MOBILITY
114617
QUILL CORPORATION
114711
QUILL CORPORATION
114711
NV STATE GOVERNOR'S TECH… 114695
LP INSURANCE SERVICES LLC 114674
QUILL CORPORATION
114711
REDI SERVICES LLC
114715
RESERVE ACCOUNT ANNEX
114720
ANTHEM BCBS
114612
KANSAS CITY LIFE INSURANCE… 114663

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

C8170H PW Machine Maint
010-042-53010-242
C600ND PW Machine Maint
010-042-53010-242
PW Office Supplies
010-042-53010-300
OFFICE SUPPLIES
010-042-53010-300
Phone
010-042-53010-044
Phone
010-042-53010-360
PW Office Supplies
010-042-53010-300
PW Office Supplies
010-042-53010-300
RACK SPACE RENT
010-042-53010-058
Broker Insurance Fee
010-042-52010-000
CV ADMIN JANSUPP/PW OFF… 010-042-53010-300
contract services
010-042-53010-058
Postage-Public Works
010-042-53010-318
COBRA L. Cantrell OCT Premi… 010-042-52010-000
COBRA L. Cantrell Dental/Visi… 010-042-52010-000
Department 042 - PUBLIC WORKS Total:

118.78
124.37
311.90
45.50
314.57
330.53
103.57
79.62
1,236.06
308.26
14.82
240.00
57.60
945.90
66.36
4,297.84

Department: 052 - D & T CENTER
REHAB SERVICES OF NEVADA 114717
REHAB SERVICES OF NEVADA 114717

10/06/2026
10/06/2026

Rehab Services July 2026
010-052-53010-058
Rehab Services Aug 2026
010-052-53010-058
Department 052 - D & T CENTER Total:

4,049.55
3,149.65
7,199.20

Department: 054 - AMBULANCE
MEDIXSAFE LLC
114681
BUSSIAN, GRIFFIN
114624
BUSSIAN, GRIFFIN
114624
BUSSIAN, GRIFFIN
114624
RUBY MOUNTAIN NATURAL S… 114722
INTERMOUNTAIN MEDICAL T… 114656
NORCO
114689
MCFLY MEDICAL LLC
114679
AT&T MOBILITY
114617
AT&T MOBILITY
114617
LIFE ASSIST, INC
114672

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

MedixSafe Bioconnect
Training Material
911 Call
911 Call
Water
Ambulance Service
Oxygen Cylinders
DEA license fee
Phone
Phone
Ambulance Supplies

10/1/2026 3:18:46 PM

Payment Number

Account Number

010-054-55010-000
010-054-53010-370
010-054-53010-370
010-054-53010-370
010-054-53010-300
010-054-53010-356
010-054-53010-007
010-054-53010-356
010-054-53010-044
010-054-53010-360
010-054-53010-007

Amount

6,048.00
119.67
56.00
56.00
13.00
150,000.00
178.76
210.00
298.00
334.79
724.37

Page 5 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Post Date

Description (Item)

PILOT THOMAS LOGISTICS, LLC…114706
WILLIAM BEE RIRIE HOSPITAL… 114745
LP INSURANCE SERVICES LLC 114674
LARRY H MILLER CHEVROLET 114669
JONES, BRENT
114662
COOLEY, NICHOLE
114632
NORCO
114689
LIFE ASSIST, INC
114672
QUILL CORPORATION
114711
QUILL CORPORATION
114711
LIFE ASSIST, INC
114672
COPEN, NILA
114633
MCFLY MEDICAL LLC
114679

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Fuel EMS
EMS Drug Tests
Broker Insurance Fee
MAINT/REPAIRS
EMS Conference
EMS Conference
Oxygen Cylinders
Ambulance Supplies
Office supplies
Office Supplies
Ambulance Supplies
CV Rental
Medical Director

010-054-53105-130
010-054-53010-248
010-054-52010-000
010-054-53105-245
010-054-53010-370
010-054-53010-370
010-054-53010-007
010-054-53010-007
010-054-53010-300
010-054-53010-300
010-054-53010-007
010-054-53010-356
010-054-53010-356
Department 054 - AMBULANCE Total:

66.30
120.00
192.66
83.60
72.00
1,232.00
215.38
355.04
46.27
78.79
1,337.00
800.00
500.00
163,137.63

Department: 070 - SWIM POOL
ULINE
114740
LP INSURANCE SERVICES LLC 114674

10/06/2026
10/06/2026

supplies
Broker Insurance Fee

010-070-53010-000
010-070-52010-000
Department 070 - SWIM POOL Total:

1,067.39
38.53
1,105.92

Department: 072 - SENIOR CENTER
NV ASSN OF COUNTY HUMAN… 114691
QUILL CORPORATION
114711
QUILL CORPORATION
114711
QUILL CORPORATION
114711
RESERVE ACCOUNT
114718
AT&T MOBILITY
114617
SYSCO INTERMOUNTAIN FOOD 114734
SYSCO INTERMOUNTAIN FOOD 114734
SYSCO INTERMOUNTAIN FOOD 114734
LP INSURANCE SERVICES LLC 114674
LP INSURANCE SERVICES LLC 114674
SYSCO INTERMOUNTAIN FOOD 114734
OFFICE PRODUCTS INC
114696
RESERVE ACCOUNT CV
114719
SYSCO INTERMOUNTAIN FOOD 114734
SYSCO INTERMOUNTAIN FOOD 114734
SYSCO INTERMOUNTAIN FOOD 114734
SYSCO INTERMOUNTAIN FOOD 114734
XEROX CORPORATION
114748

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

membership
010-072-53357-058
supplies
010-072-53672-000
supplies
010-072-53360-000
supplies
010-072-53672-000
AUG. 1-AUG. 31 2026 Postage 010-072-53876-275
Phone
010-072-53360-360
supplies
010-072-53672-326
supplies
010-072-53672-000
supplies
010-072-53360-326
Broker Insurance Fee
010-072-52032-000
Broker Insurance Fee
010-072-52033-000
credit
010-072-53360-326
machine
010-072-53672-242
Postage CV Senior Center
010-072-53360-242
supplies
010-072-53672-326
supplies
010-072-53672-000
supplies
010-072-53360-000
supplies
010-072-53360-326
machine
010-072-53360-242
Department 072 - SENIOR CENTER Total:

100.00
54.88
26.26
65.20
159.18
51.16
1,772.67
310.75
1,466.08
115.60
115.60
-37.95
30.54
230.10
1,431.77
330.57
501.76
1,880.22
14.53
8,618.92

Department: 073 - MUSEUM
A5 RANCH
114608

10/06/2026

supplies

Department: 074 - PUBLIC PARKS
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
LP INSURANCE SERVICES LLC 114674
CENTRAL NEVADA HEALTH DI… 114627

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

41 N Buel St Park #2
Parks
Ball Field
31 Tannehill Rd
Broler Insurance Fee
HEALTH PERMIT

Department: 086 - COUNTY OPERA HOUSE
VOGUE LINEN-UNIFORM RENT 114741
VOGUE LINEN-UNIFORM RENT 114741
SWANK MOTION PICTURES, I… 114731
LP INSURANCE SERVICES LLC 114674
VOGUE LINEN-UNIFORM RENT 114741
SURE STAY HOTEL BY BEST WE…114730

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

10/1/2026 3:18:46 PM

Payment Number

Account Number

Amount

010-073-53010-259
Department 073 - MUSEUM Total:

290.00
290.00

010-074-53010-105
010-074-53010-105
010-074-53010-105
010-074-53010-105
010-074-52010-000
010-074-53010-000
Department 074 - PUBLIC PARKS Total:

82.94
86.93
43.20
58.41
38.53
242.00
552.01

OPERA HOUSE CONVENTION … 010-086-53010-062
OPERA HOUSE CONVENTION … 010-086-53010-062
OPERA HOUSE
010-086-53010-080
Broker Insurance Fee
010-086-52010-000
OPERA HOUSE CONVENTION … 010-086-53010-062
OPERA HOUSE
010-086-53010-080
Department 086 - COUNTY OPERA HOUSE Total:

109.97
109.97
925.00
38.53
109.97
838.55
2,131.99

Page 6 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Payment Number

Department: 088 - NATURAL RESOURCES
QUICKSILVER CONTRACTING … 114710
QUICKSILVER CONTRACTING … 114710
LP INSURANCE SERVICES LLC 114674
RESERVE ACCOUNT ANNEX
114720

Fund: 014 - RETIREE HLTH INS PREM FD
Department: 101 - RETIREE HLTH INS PREM
HOPPER, HEIDI
114653
ANTHEM BCBS
114612
GARNER, MAUREEN
114644
ITHURRALDE, JAMES
114659
MORRISON, CHERYL
114683
AUCH, SHARON
114618
CASTANEDA, MARYJO
114625
LABARRY, KAREN
114666
HARLAND, BRUCE
114650
KINKADE, KATHLEEN
114664
HUBBARD, JANINE
114654
KANSAS CITY LIFE INSURANCE… 114663
KANSAS CITY LIFE INSURANCE… 114663
KANSAS CITY LIFE INSURANCE… 114663
REBALEATI, MICHAEL
114713
HODSON, RAYMOND
114652
JEPPESEN, JERRY
114661
LINK, MAXIMINA M
114673
ANTHEM BCBS
114612

Post Date

Description (Item)

10/06/2026
10/06/2026
10/06/2026
10/06/2026

PJ Treatments Roberts/Vinini … 010-088-53010-058
PJ Treatments Roberts/Vinini … 010-088-53010-875
Broker Insurance Fee
010-088-52010-000
Postage-Soil Conservation
010-088-53010-318
Department 088 - NATURAL RESOURCES Total:

15,000.00
20,000.00
77.06
1.48
35,078.54

Fund 010 - GENERAL FUND Total:

526,522.30

HRA Payment
014-101-53010-169
Retiree Insurance
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
HRA Retiree Premium
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree Dental
014-101-53010-169
Retiree Life
014-101-53010-169
Retiree Vision
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree HRA Payment
014-101-53010-169
Retiree Insurance
014-101-53010-172
Department 101 - RETIREE HLTH INS PREM Total:

225.80
11,327.72
107.71
586.85
367.05
375.54
481.20
445.98
305.10
202.90
129.01
1,837.89
392.41
327.21
284.10
473.66
435.97
523.87
12,984.75
31,814.72

Fund 014 - RETIREE HLTH INS PREM FD Total:

31,814.72

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Account Number

Fund: 020 - ROAD FUND
Department: 104 - ROAD DEPT
LP INSURANCE SERVICES LLC 114674

10/06/2026

Broker Insurance Fee

Department: 106 - ROAD DEPT
PETERBILT TRUCK PARTS & E… 114704
EUREKA SUPPLY
114642
EUREKA SUPPLY
114642
MCCANDLESS TRUCK CENTER … 114678
EUREKA SUPPLY
114642
PILOT THOMAS LOGISTICS, LLC 114705
GOLDEN WEST INDUSTRIES, I… 114647
LARRY H MILLER CHEVROLET 114669
PETERBILT TRUCK PARTS & E… 114704
AT&T MOBILITY
114617
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
PILOT THOMAS LOGISTICS, LLC…114706
WILLIAM BEE RIRIE HOSPITAL… 114746
WESTERN NV SUPPLY CO
114744
EMPIRE SOUTHWEST, LLC
114639
GOLDEN WEST INDUSTRIES, I… 114647
EMPIRE SOUTHWEST, LLC
114639
MCCANDLESS TRUCK CENTER … 114678
NORTHERN TOOL & EQUIPME… 114690
BATH LUMBER
114619
BATH LUMBER
114619
MENTABERRY, MICHAEL
114682

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

MAINT/REPAIRS
020-106-53105-330
ROAD DEPT REP/MAINT
020-106-53105-330
ROAD DEPT REP/MAINT
020-106-53105-330
MAINT/REPAIRS
020-106-53105-330
ROAD DEPT REP/MAINT
020-106-53105-330
FUEL
020-106-53105-130
ROAD MAINT
020-106-53010-058
MAINT/REPAIRS
020-106-53105-330
MAINT/REPAIRS
020-106-53105-330
Phone
020-106-53010-360
Road Shop
020-106-53748-105
Road Shop Plug In
020-106-53748-105
900 Holly Rd
020-106-53748-105
Fuel Road Dept.
020-106-53105-130
FIRE & CDL PHYSICAL
020-106-53010-000
maint/repairs
020-106-53748-330
ADVANCED POWER SYSTEM T… 020-106-53010-370
ROAD MAINT
020-106-53010-058
MAINT/REPAIRS
020-106-53105-330
MAINT/REPAIRS
020-106-53105-330
MAINT/REPAIRS
020-106-53105-330
MAINT/REPAIRS
020-106-53748-330
SUPPLIES
020-106-53010-000
TRAVEL/TRAINING
020-106-53010-370

10/1/2026 3:18:46 PM

020-104-52010-000
Department 104 - ROAD DEPT Total:

Amount

616.51
616.51
239.16
41.99
-36.00
136.60
49.99
44,165.99
10,496.10
192.82
232.19
94.22
580.80
55.00
40.00
286.56
300.00
250.80
2,495.00
11,165.16
387.00
132.92
413.99
177.75
992.21
183.00

Page 7 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Vendor Name

Payment Number

Post Date

Description (Item)

HUNT & SONS, INC
HUNT & SONS, INC
PETERBILT TRUCK PARTS & E…
BATH LUMBER

114655
114655
114704
114619

10/06/2026
10/06/2026
10/06/2026
10/06/2026

MAINT/REPAIRS
MAINT/REPAIRS
MAINT/REPAIRS
MAINT/REPAIRS

Fund: 025 - REG TRANSPORTATION COMM
Department: 110 - R T C DEPT
LUMOS & ASSOCIATES
114675
SIERRA NV CONSTRUCTION INC 114726
LUMOS & ASSOCIATES
114675

Fund: 035 - AGRICULTURAL DIST #15
Department: 125 - FAIR BOARD DEPT.
XEROX CORPORATION
114748

Fund: 040 - BLDG OPER&MAINT RES FUND
Department: 130 - BUILDING RESERVE DEPT
SNYDER MECHANICAL
114727
SNYDER MECHANICAL
114727

10/06/2026
10/06/2026
10/06/2026

10/06/2026

10/06/2026
10/06/2026

Account Number

Amount

020-106-53105-330
020-106-53105-330
020-106-53105-330
020-106-53748-330
Department 106 - ROAD DEPT Total:

1,315.05
-1,099.45
-189.16
2,187.43
75,287.12

Fund 020 - ROAD FUND Total:

75,903.63

Phase 2B Asbuilt
025-110-55010-000
Eureka Road & Utility Phase 2… 025-110-55010-000
Phase 2c - CM Services
025-110-55010-357
Department 110 - R T C DEPT Total:

1,065.00
904,387.89
48,305.57
953,758.46

Fund 025 - REG TRANSPORTATION COMM Total:

953,758.46

035-125-53010-823
Department 125 - FAIR BOARD DEPT. Total:

331.58
331.58

Fund 035 - AGRICULTURAL DIST #15 Total:

331.58

MAINT/REPAIRS
040-130-55010-000
MAINT/REPAIRS
040-130-55010-000
Department 130 - BUILDING RESERVE DEPT Total:

8,236.50
2,872.50
11,109.00

Fund 040 - BLDG OPER&MAINT RES FUND Total:

11,109.00

026219333

Fund: 044 - TOWN OF EUREKA FUND
Department: 151 - EUREKA TOWN FIRE
L N CURTIS AND SONS
114665
L N CURTIS AND SONS
114665

10/06/2026
10/06/2026

DV Fire PPE
044-151-53010-320
CV Fire - Fire/EMS Equip
044-151-53010-320
Department 151 - EUREKA TOWN FIRE Total:

176.04
225.67
401.71

Department: 162 - STREET LIGHTING
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Buel & Clark St Light
044-162-53010-105
Main & Mineral St Light
044-162-53010-105
Monroe & Mineral St Light
044-162-53010-105
Security Lights
044-162-53010-105
Street Lights
044-162-53010-105
Street Lights
044-162-53010-105
Clark & Monroe St Light
044-162-53010-105
Hwy 50 Roadside Rest St Light 044-162-53010-105
Department 162 - STREET LIGHTING Total:

30.22
33.29
31.29
625.00
60.00
4.00
33.82
8.00
825.62

Fund 044 - TOWN OF EUREKA FUND Total:

1,227.33

Fund: 045 - EUREKA WTR/SWR UTLTY FD
Department: 177 - EUREKA WATER DEPT
SIERRA NV CONSTRUCTION INC 114726
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
LP INSURANCE SERVICES LLC 114674
EMPIRE SOUTHWEST, LLC
114639
LUMOS & ASSOCIATES
114675
BUNDY, LYNN
114622
RESERVE ACCOUNT ANNEX
114720

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Phase 2C Road & Utility - Wat… 045-177-55010-000
DV Well 2 Hogpen
045-177-53010-105
DV Well 1
045-177-53010-105
Water Tower
045-177-53010-105
11th St Well
045-177-53010-105
Broker Insurance Fee
045-177-52010-000
ADVANCED POWER SYSTEM T… 045-177-53010-370
Phase 2c - CM Services
045-177-55010-357
TRAVEL/TRAINING
045-177-53010-370
Postage-Eureka Water
045-177-53010-318
Department 177 - EUREKA WATER DEPT Total:

52,003.43
903.07
3,795.63
58.23
117.03
38.53
2,495.00
17,565.67
183.00
572.09
77,731.68

Department: 178 - EUREKA SEWER DEPT
SIERRA NV CONSTRUCTION INC 114726
LP INSURANCE SERVICES LLC 114674

10/06/2026
10/06/2026

Phase 2C Road & Utility - Sew… 045-178-55010-000
Broker Insurance Fee
045-178-52010-000

52,003.43
38.53

10/1/2026 3:18:46 PM

Page 8 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Vendor Name

Payment Number

Post Date

Description (Item)

Account Number

Amount

LUMOS & ASSOCIATES

114675

10/06/2026

Phase 2c - CM Services
045-178-55010-357
Department 178 - EUREKA SEWER DEPT Total:

17,565.67
69,607.63

Fund 045 - EUREKA WTR/SWR UTLTY FD Total:

147,339.31

Fund: 046 - CRESCENT VALLEY TOWN
Department: 190 - CV TOWN BOARD
RESERVE ACCOUNT CV
114719

10/06/2026

Postage Advisory Board
046-190-53010-318
Department 190 - CV TOWN BOARD Total:

40.56
40.56

Department: 194 - FIRE DEPT
L N CURTIS AND SONS
114665

10/06/2026

CV FIRE - PPE

046-194-53010-320
Department 194 - FIRE DEPT Total:

332.77
332.77

Fund 046 - CRESCENT VALLEY TOWN Total:

373.33

WATER TESTING
048-209-53010-405
WATER TESTING
048-209-53010-405
SUPPLIES
048-209-53010-000
Broker Insurance Fee
048-209-52010-000
WATER TESTING
048-209-53010-405
Postage-Crescent Valley Water 048-209-53010-318
WATER DISTRIBUTION
048-209-53010-405
Department 209 - CV WATER DEPT Total:

1,034.56
87.12
156.99
77.06
138.08
314.34
50.00
1,858.15

Fund 048 - CV WATER UTILITY FUND Total:

1,858.15

050-214-53010-105
Department 214 - TANK HILL Total:

336.96
336.96

Fund: 048 - CV WATER UTILITY FUND
Department: 209 - CV WATER DEPT
WESTERN ENVIRONMENTAL T… 114743
WESTERN ENVIRONMENTAL T… 114743
WESTERN NV SUPPLY CO
114744
LP INSURANCE SERVICES LLC 114674
WESTERN ENVIRONMENTAL T… 114743
RESERVE ACCOUNT ANNEX
114720
NV BUREAU OF SAFE DRINKIN… 114692

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Fund: 050 - EUREKA CO TV DISTRICT
Department: 214 - TANK HILL
MT WHEELER POWER INC
114684

10/06/2026

Tank Hill

Department: 216 - PROSPECT PEAK
MT WHEELER POWER INC
114684
SWITCH, LTD
114732

10/06/2026
10/06/2026

Prospect Peak
Fiber Connection

050-216-53010-105
050-216-53010-058
Department 216 - PROSPECT PEAK Total:

563.01
1,456.00
2,019.01

Department: 217 - ARGENTA RIDGE
AT&T BOX 5019
114614
LANDER CO TREASURER
114667

10/06/2026
10/06/2026

Fiber Connection
050-217-53010-058
Communication Equipment S… 050-217-53010-058
Department 217 - ARGENTA RIDGE Total:

1,094.46
250.00
1,344.46

Fund 050 - EUREKA CO TV DISTRICT Total:

3,700.43

Phone
060-218-53010-360
Broker Insurance Fee
060-218-52010-000
Department 218 - WEED DIST DEPT Total:

46.11
38.53
84.64

Fund 060 - DIAMOND VALLEY WEED DIST Total:

84.64

Assist with Handicap Hunting 100-236-53010-085
Department 236 - RECREATION DEPT Total:

3,500.00
3,500.00

Fund 100 - RECREATION FUND Total:

3,500.00

US 50 & 278 Water Tank
120-245-53010-105
DV Pump 1
120-245-53010-105
Broker Insurance Fee
120-245-52010-000
Postage-Devil's Gate Water
120-245-53010-318
Department 245 - DEVIL'S GATE WATER DEPT Total:

874.53
40.35
38.53
234.00
1,187.41

Fund 120 - DEVIL'S GATE WATER DIST Total:

1,187.41

Fund: 060 - DIAMOND VALLEY WEED DIST
Department: 218 - WEED DIST DEPT
AT&T MOBILITY
114617
LP INSURANCE SERVICES LLC 114674

Fund: 100 - RECREATION FUND
Department: 236 - RECREATION DEPT
NEVADA OUTDOORSMEN IN … 114687

Fund: 120 - DEVIL'S GATE WATER DIST
Department: 245 - DEVIL'S GATE WATER DEPT
MT WHEELER POWER INC
114684
MT WHEELER POWER INC
114684
LP INSURANCE SERVICES LLC 114674
RESERVE ACCOUNT ANNEX
114720

10/1/2026 3:18:46 PM

10/06/2026
10/06/2026

10/06/2026

10/06/2026
10/06/2026
10/06/2026
10/06/2026

Page 9 of 15

Commissioner Approval Report
Vendor Name

Payment Dates: 9/16/2026 - 10/6/2026
Payment Number

Fund: 125 - WATER MITIGATION FUND
Department: 247 - WATER MITIGATION DEPT
LUMOS & ASSOCIATES
114675
LUMOS & ASSOCIATES
114675
LUMOS & ASSOCIATES
114675
PARSONS DRILLING INC
114702

Fund: 155 - RANGE IMPROVEMENT DIST 6
Department: 252 - R I D #6
ECHEVARRIA, MARTY ANN
114636

Fund: 190 - LANDFILL FUND
Department: 273 - LANDFILL PROJECT
WILLIAM BEE RIRIE HOSPITAL… 114745
LP INSURANCE SERVICES LLC 114674
LUMOS & ASSOCIATES
114675
OLCESE WASTE SERVICES
114697
REDI SERVICES LLC
114715
ANTHEM BCBS
114612
KANSAS CITY LIFE INSURANCE… 114663

10/1/2026 3:18:46 PM

Post Date

Description (Item)

10/06/2026
10/06/2026
10/06/2026
10/06/2026

Parcel Map Waiver
125-247-55010-745
Parcel Map Waiver
125-247-55010-745
Kobeh Valley Well Project Ad… 125-247-55010-745
CAPITOL OUTLAY
125-247-55010-745
Department 247 - WATER MITIGATION DEPT Total:

700.00
9,300.00
30,483.63
305,000.00
345,483.63

Fund 125 - WATER MITIGATION FUND Total:

345,483.63

N-6 Grazing Secretary JUL26-S… 155-252-53010-000
Department 252 - R I D #6 Total:

1,500.00
1,500.00

Fund 155 - RANGE IMPROVEMENT DIST 6 Total:

1,500.00

CDL
190-273-53010-000
Broker Insurance Fee
190-273-52010-000
2027 Solid Waste Managment… 190-273-55010-000
TRASH HAULING
190-273-53010-058
CONTRACT SERVICES
190-273-53010-058
COBRA V. Delbuono OCT Prem…190-273-52010-000
COBRA V. Delbuono Dental/Vi… 190-273-52010-000
Department 273 - LANDFILL PROJECT Total:

100.00
77.06
5,250.00
2,893.66
240.00
1,260.72
66.36
9,887.80

Fund 190 - LANDFILL FUND Total:

9,887.80

Grand Total:

2,115,581.72

10/06/2026

10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026
10/06/2026

Account Number

Amount

Page 10 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Report Summary
Fund Summary
Fund
010 - GENERAL FUND
014 - RETIREE HLTH INS PREM FD
020 - ROAD FUND
025 - REG TRANSPORTATION COMM
035 - AGRICULTURAL DIST #15
040 - BLDG OPER&MAINT RES FUND
044 - TOWN OF EUREKA FUND
045 - EUREKA WTR/SWR UTLTY FD
046 - CRESCENT VALLEY TOWN
048 - CV WATER UTILITY FUND
050 - EUREKA CO TV DISTRICT
060 - DIAMOND VALLEY WEED DIST
100 - RECREATION FUND
120 - DEVIL'S GATE WATER DIST
125 - WATER MITIGATION FUND
155 - RANGE IMPROVEMENT DIST 6
190 - LANDFILL FUND
Grand Total:

Payment Amount
526,522.30
31,814.72
75,903.63
953,758.46
331.58
11,109.00
1,227.33
147,339.31
373.33
1,858.15
3,700.43
84.64
3,500.00
1,187.41
345,483.63
1,500.00
9,887.80
2,115,581.72

Account Summary
Account Number
010-001-52010-000
010-001-53010-000
010-001-53010-058
010-001-53010-220
010-001-53010-318
010-001-53010-386
010-001-55010-000
010-002-52010-000
010-002-53010-300
010-002-53010-318
010-003-52010-000
010-003-53010-000
010-003-53010-318
010-003-53010-360
010-004-52010-000
010-004-53010-242
010-004-53010-318
010-004-53010-360
010-004-53010-370
010-006-51010-000
010-006-52010-000
010-006-53010-000
010-006-53010-242
010-006-53010-313
010-006-53010-360
010-010-53010-112
010-010-53010-318
010-011-52010-000
010-011-53010-000
010-011-53010-300
010-011-53010-318
010-011-53010-360
010-011-53010-370
010-012-53010-165
010-015-52010-000
010-015-53707-105

10/1/2026 3:18:46 PM

Account Name
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
CONTRACT SERVICES
LEGAL ADVERTISING
POSTAGE
WATER LEGAL FEES
CAPITAL OUTLAY
EMPLOYEES BENEFITS
OFFICE SUPPLIES
POSTAGE
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
POSTAGE
TELEPHONE/FAX
EMPLOYEES BENEFITS
MACHINE MAINTENANCE
POSTAGE
TELEPHONE/FAX
TRAVEL/TRAINING
SALARIES AND WAGES
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
MACHINE MAINTENANCE
PERSONNEL SUPPORT
TELEPHONE/FAX
DATA SOFTWARE CONT…
POSTAGE
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
OFFICE SUPPLIES
POSTAGE
TELEPHONE/FAX
TRAVEL/TRAINING
INDEPENDENT AUDITORS
EMPLOYEES BENEFITS
ELECTRICITY

Payment Amount
115.60
41.00
19,600.00
1,660.00
1.07
1,006.25
13,197.10
115.60
0.00
15.33
192.66
28.50
20.10
34.74
154.13
27.68
38.79
51.16
372.12
8,321.04
38.53
11.50
26.56
135.00
51.16
1,000.00
37.70
115.60
495.56
182.64
738.19
37.74
1,394.52
3,150.00
77.06
501.07

Page 11 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Account Summary
Account Number
010-015-53707-160
010-015-53710-058
010-015-53710-105
010-015-53710-195
010-015-53715-058
010-015-53715-105
010-015-53715-160
010-015-53715-195
010-015-53718-058
010-015-53718-105
010-015-53719-160
010-015-53722-195
010-015-53722-330
010-015-53723-160
010-015-53729-105
010-015-53729-160
010-015-53729-330
010-015-53730-105
010-015-53730-195
010-015-53740-058
010-015-53740-105
010-015-53740-160
010-015-53740-195
010-015-53745-105
010-015-53750-105
010-015-53750-195
010-015-53750-330
010-015-53751-105
010-015-53760-105
010-015-53760-330
010-015-53762-105
010-015-53766-105
010-015-53766-160
010-015-53768-058
010-015-53769-105
010-015-53771-105
010-015-53773-105
010-015-53774-105
010-016-53010-058
010-016-53010-357
010-016-55010-000
010-017-53010-318
010-017-53010-370
010-018-52010-000
010-018-53010-000
010-018-53010-046
010-018-53010-058
010-018-53010-224
010-018-53010-360
010-018-55010-203
010-019-53010-000
010-020-52011-000
010-020-53010-172
010-022-52010-000
010-022-53010-000
010-022-53010-098
010-022-53010-242
010-022-53010-300

10/1/2026 3:18:46 PM

Account Name
HEATING FUEL/PROPANE
CONTRACT SERVICES
ELECTRICITY
JANITORIAL SUPPLIES
CONTRACT SERVICES
ELECTRICITY
HEATING FUEL/PROPANE
JANITORIAL SUPPLIES
CONTRACT SERVICES
ELECTRICITY
HEATING FUEL/PROPANE
JANITORIAL SUPPLIES
REPAIRS/MAINT
HEATING FUEL/PROPANE
ELECTRICITY
HEATING FUEL/PROPANE
REPAIRS/MAINT
ELECTRICITY
JANITORIAL SUPPLIES
CONTRACT SERVICES
ELECTRICITY
HEATING FUEL/PROPANE
JANITORIAL SUPPLIES
ELECTRICITY
ELECTRICITY
JANITORIAL SUPPLIES
REPAIRS/MAINT
ELECTRICITY
ELECTRICITY
REPAIRS/MAINT
ELECTRICITY
ELECTRICITY
HEATING FUEL/PROPANE
CONTRACT SERVICES
ELECTRICITY
ELECTRICITY
ELECTRICITY
ELECTRICITY
CONTRACT SERVICES
SURVEYING/ENGINEERI…
CAPITAL OUTLAY
POSTAGE
TRAVEL/TRAINING
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
COMPUTER SOFTWARE
CONTRACT SERVICES
CIRCUIT/BROADBAND
TELEPHONE/FAX
CAPITAL OUTLAY FIBER …
SERVICES AND SUPPLIES
UNEMPLOYMENT PAYM…
INSURANCE LOSS DEDU…
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
PACE COALITION
MACHINE MAINTENANCE
OFFICE SUPPLIES

Payment Amount
627.55
251.49
2,433.15
14.39
158.49
613.59
395.21
14.39
182.43
506.09
79.34
416.86
7,775.69
407.06
733.28
123.52
1,925.00
1,161.91
47.42
224.88
1,234.84
309.72
14.39
157.42
1,139.81
125.00
125.00
593.01
50.05
517.81
121.03
110.98
511.47
240.00
217.54
314.82
41.09
96.18
7,210.00
10,680.00
11,165.00
19.71
27.36
130.69
4,587.42
41,000.00
18,041.54
2,073.30
469.97
61,353.70
10,000.00
38.20
3,809.00
77.06
281.65
24.00
13.20
240.00

Page 12 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Account Summary
Account Number
010-022-53010-318
010-022-53010-359
010-022-53010-370
010-024-52010-000
010-024-53010-058
010-024-53010-176
010-024-53010-242
010-024-53010-300
010-024-53010-318
010-024-53010-360
010-024-53010-370
010-026-53010-060
010-026-53010-318
010-028-25007-000
010-028-36003-000
010-028-52010-000
010-028-53010-318
010-028-53010-360
010-028-53010-410
010-034-52020-000
010-034-52022-000
010-034-52024-000
010-034-52026-000
010-034-53010-000
010-034-53010-044
010-034-53010-058
010-034-53010-082
010-034-53010-242
010-034-53010-248
010-034-53010-263
010-034-53010-300
010-034-53010-318
010-034-53010-360
010-034-53010-361
010-034-53010-370
010-034-53105-130
010-034-53105-245
010-040-53010-000
010-040-53010-043
010-040-53010-058
010-040-53010-120
010-040-53010-320
010-042-52010-000
010-042-53010-044
010-042-53010-058
010-042-53010-242
010-042-53010-300
010-042-53010-318
010-042-53010-360
010-052-53010-058
010-054-52010-000
010-054-53010-007
010-054-53010-044
010-054-53010-248
010-054-53010-300
010-054-53010-356
010-054-53010-360
010-054-53010-370

10/1/2026 3:18:46 PM

Account Name
POSTAGE
MEDICAID ROOM/BRD …
TRAVEL/TRAINING
EMPLOYEES BENEFITS
CONTRACT SERVICES
INVESTIGATIONS
MACHINE MAINTENANCE
OFFICE SUPPLIES
POSTAGE
TELEPHONE/FAX
TRAVEL/TRAINING
CHILD PROT SERV ASSE…
POSTAGE
EUREKA JC BAIL HOLDING
REFUNDS
EMPLOYEES BENEFITS
POSTAGE
TELEPHONE/FAX
WITNESS FEES
EMP BENEFITS/SHERIFF …
EMP BENEFITS/SHERIFF …
EMP BENEFITS/SHERIFF …
EMP BENEFITS/SHERIFF …
SERVICES AND SUPPLIES
COMMUNICATION SUP/…
CONTRACT SERVICES
PUBLIC RELATIONS
MACHINE MAINTENANCE
MEDICAL
JAIL SERVICES
OFFICE SUPPLIES
POSTAGE
TELEPHONE/FAX
911 LINE CHARGES
TRAVEL/TRAINING
FUEL
VEHICLE MAINTENANCE
SERVICES AND SUPPLIES
PUSH-TO-TALK SUBSCRI…
CONTRACT SERVICES
FIRE/EMS EQUIPMENT
PROTECTIVE CLOTHING
EMPLOYEES BENEFITS
COMMUNICATION SUP/…
CONTRACT SERVICES
MACHINE MAINTENANCE
OFFICE SUPPLIES
POSTAGE
TELEPHONE/FAX
CONTRACT SERVICES
EMPLOYEES BENEFITS
AMBULANCE SUPPLIES
COMMUNICATION SUP/…
MEDICAL
OFFICE SUPPLIES
SERVICE CONTRACTS
TELEPHONE/FAX
TRAVEL/TRAINING

Payment Amount
31.20
24.00
63.00
154.15
25.00
47.00
34.87
736.01
127.18
40.07
874.86
7,997.00
26.74
3,895.00
8.00
2,584.61
107.54
91.23
125.00
192.66
269.72
231.19
346.79
1,487.50
2,539.58
8,910.00
281.20
68.27
3,110.00
2,249.10
40.00
49.23
10,062.86
10.08
1,216.52
1,003.52
132.99
2,110.48
1,394.31
1,536.06
1,442.12
194.21
1,320.52
314.57
1,476.06
243.15
555.41
57.60
330.53
7,199.20
192.66
2,810.55
298.00
120.00
138.06
151,510.00
334.79
1,535.67

Page 13 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Account Summary
Account Number
010-054-53105-130
010-054-53105-245
010-054-55010-000
010-070-52010-000
010-070-53010-000
010-072-52032-000
010-072-52033-000
010-072-53357-058
010-072-53360-000
010-072-53360-242
010-072-53360-326
010-072-53360-360
010-072-53672-000
010-072-53672-242
010-072-53672-326
010-072-53876-275
010-073-53010-259
010-074-52010-000
010-074-53010-000
010-074-53010-105
010-086-52010-000
010-086-53010-062
010-086-53010-080
010-088-52010-000
010-088-53010-058
010-088-53010-318
010-088-53010-875
014-101-53010-169
014-101-53010-172
020-104-52010-000
020-106-53010-000
020-106-53010-058
020-106-53010-360
020-106-53010-370
020-106-53105-130
020-106-53105-330
020-106-53748-105
020-106-53748-330
025-110-55010-000
025-110-55010-357
035-125-53010-823
040-130-55010-000
044-151-53010-320
044-162-53010-105
045-177-52010-000
045-177-53010-105
045-177-53010-318
045-177-53010-370
045-177-55010-000
045-177-55010-357
045-178-52010-000
045-178-55010-000
045-178-55010-357
046-190-53010-318
046-194-53010-320
048-209-52010-000
048-209-53010-000
048-209-53010-318

10/1/2026 3:18:46 PM

Account Name
FUEL
VEHICLE MAINTENANCE
CAPITAL OUTLAY
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
EMP BENEFITS/EUREKA
EMP BENEFITS/CV CENT…
CONTRACT SERVICES
C V SENIOR CENTER SERV…
MACHINE MAINTENANCE
RAW FOOD
TELEPHONE/FAX
EUREKA CENTER SERVICE…
MACHINE MAINTENANCE
RAW FOOD
PUBLIC INFORMATION
MUSEUM MERCHANDISE
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
ELECTRICITY
EMPLOYEES BENEFITS
CONVENTION SUPPLIES
CULTURAL PROGRAMS
EMPLOYEES BENEFITS
CONTRACT SERVICES
POSTAGE
WILDLIFE ENHANCEMEN…
RETIREE HEALTH INS CO…
INSURANCE LOSS DEDU…
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
CONTRACT SERVICES
TELEPHONE/FAX
TRAVEL/TRAINING
FUEL
VEHICLE REPAIRS/MAINT
ELECTRICITY
REPAIRS/MAINT
CAPITAL OUTLAY
CAPITAL OUTLAY SURVEY…
FAIR PREMIUM BOOK
CAPITAL OUTLAY
PROTECTIVE CLOTHING
ELECTRICITY
EMPLOYEES BENEFITS
ELECTRICITY
POSTAGE
TRAVEL/TRAINING
CAPITAL OUTLAY
CAPITAL OUTLAY SURVEY…
EMPLOYEES BENEFITS
CAPITAL OUTLAY
CAPITAL OUTLAY SURVEY…
POSTAGE
PROTECTIVE CLOTHING
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
POSTAGE

Payment Amount
66.30
83.60
6,048.00
38.53
1,067.39
115.60
115.60
100.00
528.02
244.63
3,308.35
51.16
761.40
30.54
3,204.44
159.18
290.00
38.53
242.00
271.48
38.53
329.91
1,763.55
77.06
15,000.00
1.48
20,000.00
18,829.97
12,984.75
616.51
1,292.21
21,661.26
94.22
2,678.00
44,452.55
1,817.10
675.80
2,615.98
905,452.89
48,305.57
331.58
11,109.00
401.71
825.62
38.53
4,873.96
572.09
2,678.00
52,003.43
17,565.67
38.53
52,003.43
17,565.67
40.56
332.77
77.06
156.99
314.34

Page 14 of 15

Commissioner Approval Report

Payment Dates: 9/16/2026 - 10/6/2026

Account Summary
Account Number
048-209-53010-405
050-214-53010-105
050-216-53010-058
050-216-53010-105
050-217-53010-058
060-218-52010-000
060-218-53010-360
100-236-53010-085
120-245-52010-000
120-245-53010-105
120-245-53010-318
125-247-55010-745
155-252-53010-000
190-273-52010-000
190-273-53010-000
190-273-53010-058
190-273-55010-000

Account Name
WATER TESTING/PERMI…
ELECTRICITY
CONTRACT SERVICES
ELECTRICITY
CONTRACT SERVICES
EMPLOYEES BENEFITS
TELEPHONE/FAX
MISC GRANTS
EMPLOYEES BENEFITS
ELECTRICITY
POSTAGE
CAPITAL OUTLAY KOBEH…
SERVICES AND SUPPLIES
EMPLOYEES BENEFITS
SERVICES AND SUPPLIES
CONTRACT SERVICES
CAPITAL OUTLAY
Grand Total:

Payment Amount
1,309.76
336.96
1,456.00
563.01
1,344.46
38.53
46.11
3,500.00
38.53
914.88
234.00
345,483.63
1,500.00
1,404.14
100.00
3,133.66
5,250.00
2,115,581.72

Project Account Summary
Project Account Key
**None**
Grand Total:

10/1/2026 3:18:46 PM

Payment Amount
2,115,581.72
2,115,581.72

Page 15 of 15

Fund Balance Report
Eureka County, Nevada

As Of 10/06/2026

Fund
010 - GENERAL FUND
012 - PROPERTY SALE TRUST FUND
014 - RETIREE HLTH INS PREM FD
015 - FUTURE RESERVE FUND
020 - ROAD FUND
025 - REG TRANSPORTATION COMM
030 - AGRICULTURAL EXTENSION
035 - AGRICULTURAL DIST #15
040 - BLDG OPER&MAINT RES FUND
042 - CAPITAL PROJECTS FUND
044 - TOWN OF EUREKA FUND
045 - EUREKA WTR/SWR UTLTY FD
046 - CRESCENT VALLEY TOWN
048 - CV WATER UTILITY FUND
050 - EUREKA CO TV DISTRICT
060 - DIAMOND VALLEY WEED DIST
070 - DIAMOND VALLEY RODENT
077 - FFY05YUCCAMT DIRECT PYMT
100 - RECREATION FUND
110 - TOURISM FUND
120 - DEVIL'S GATE WATER DIST
125 - WATER MITIGATION FUND
127 - NAT RES MULT USE FUND
150 - RANGE IMPROVEMENT DIST 1
155 - RANGE IMPROVEMENT DIST 6
160 - DEPT OF MINERAL RESOURCE
165 - EUREKA CO. GAME BOARD
170 - ACCIDENT INDIGENT FUND
175 - EUREKA CO INDIGENT FUND
180 - HOSP CO INDG HOSP FUND
190 - LANDFILL FUND
220 - ASSR TECH FND NRS361.530
225 - RECORDER TECHNOLOGY FUND
226 - TREASURER TECH FUND
227 - DISTRICT COURT IMP FUND
230 - JUSTICE COURT A A FUND
233 - JUV COURT A A FUND
235 - JUST CRT FACILITY FUND
240 - FORENSIC FEE
250 - STATE OF NEVADA
320 - SCHOOL GENERAL FUND
996 - UB UNAPPLIED CREDIT

Report Total:

10/1/2026 3:19:51 PM

Beginning Balance

Total Revenues

Total Expenses

Ending Balance

52,945,864.29
47,824.86
2,595,144.59
13,007,319.35
4,881,568.74
13,567,909.41
791,182.02
452,513.15
4,868,231.44
8,221,855.02
1,480,469.92
21,079,916.91
297,783.49
3,245,169.62
1,126,126.68
244,282.68
400,974.58
0.00
697,216.79
49,912.69
2,499,275.87
4,172,566.50
1,954,780.99
28,526.19
111,813.55
0.00
2,676.20
515.80
579,706.76
900,423.17
5,948,799.48
2,963,277.40
116,851.09
2,579.80
17,499.23
81,699.56
52,169.84
215,492.01
1,203.01
3,429.15
48,016.53
0.00

1,997,875.44
0.00
518,147.24
77,083.85
1,286,701.91
5,540,480.76
25,587.42
35,960.27
140,035.89
152,778.35
31,290.83
1,587,203.42
7,853.58
52,840.17
43,218.44
29,984.70
12,495.40
0.00
18,853.83
1,593.80
36,388.65
-814,852.44
21,996.87
151.20
631.19
130,290.00
15.20
31,086.56
11,533.30
26,145.81
687,029.57
38,590.42
1,922.36
15.35
501.74
1,018.59
461.85
2,020.40
7.12
677,487.61
1,552,523.97
0.00

13,297,727.80
0.00
105,018.12
0.00
893,451.67
1,557,802.45
0.00
94,028.55
19,114.00
-13,656.35
18,077.06
895,967.36
20,111.70
58,396.26
41,972.02
26,212.07
2,270.05
0.00
36,144.28
6,493.00
30,558.13
457,894.38
0.00
0.00
1,500.00
130,290.00
227.17
0.00
557.98
0.00
131,527.58
11,932.27
0.00
0.00
0.00
0.00
0.00
0.00
0.00
72.34
1,556,365.63
0.00

41,646,011.93
47,824.86
3,008,273.71
13,084,403.20
5,274,818.98
17,550,587.72
816,769.44
394,444.87
4,989,153.33
8,388,289.72
1,493,683.69
21,771,152.97
285,525.37
3,239,613.53
1,127,373.10
248,055.31
411,199.93
0.00
679,926.34
45,013.49
2,505,106.39
2,899,819.68
1,976,777.86
28,677.39
110,944.74
0.00
2,464.23
31,602.36
590,682.08
926,568.98
6,504,301.47
2,989,935.55
118,773.45
2,595.15
18,000.97
82,718.15
52,631.69
217,512.41
1,210.13
680,844.42
44,174.87
0.00

149,702,568.36

13,964,950.62

19,380,055.52

144,287,463.46

Page 1 of 1

Pooled Cash Report
Eureka County, Nevada
For the Period Ending 10/31/2026

ACCOUNT #

BEGINNING
BALANCE

ACCOUNT NAME

CURRENT
ACTIVITY

CURRENT
BALANCE

CLAIM ON CASH
010-000-10101-000
012-000-10101-000
014-000-10101-000
015-000-10101-000
020-000-10101-000
025-000-10101-000
030-000-10101-000
035-000-10101-000
040-000-10101-000
042-000-10101-000
044-000-10101-000
045-000-10101-000
046-000-10101-000
048-000-10101-000
050-000-10101-000
060-000-10101-000
070-000-10101-000
100-000-10101-000
110-000-10101-000
120-000-10101-000
125-000-10101-000
127-000-10101-000
150-000-10101-000
155-000-10101-000
160-000-10101-000
165-000-10101-000
170-000-10101-000
175-000-10101-000
180-000-10101-000
190-000-10101-000
220-000-10101-000
225-000-10101-000
226-000-10101-000
227-000-10101-000
230-000-10101-000
233-000-10101-000
235-000-10101-000
240-000-10101-000
250-000-10101-000
320-000-10101-000
996-000-10101-000

TOTAL CLAIM ON CASH

CLAIM ON CASH - GENERAL FUND
CLAIM ON CASH - PROPERTY SALE TRUST FUND
CLAIM ON CASH - RETIREE HLTH INS PREM FD
CLAIM ON CASH - FUTURE RESERVE FUND
CLAIM ON CASH - ROAD FUND
CLAIM ON CASH - REG TRANSPORTATION COMM
CLAIM ON CASH - AGRICULTURAL EXTENSION
CLAIM ON CASH - AGRICULTURAL DIST #15
CLAIM ON CASH - BLDG OPER&MAINT RES FUND
CLAIM ON CASH - CAPITAL PROJECTS FUND
CLAIM ON CASH - TOWN OF EUREKA FUND
CLAIM ON CASH - EUREKA WTR/SWR UTLTY FD
CLAIM ON CASH - CRESCENT VALLEY TOWN
CLAIM ON CASH - CV WATER UTILITY FUND
CLAIM ON CASH - EUREKA CO TV DISTRICT
CLAIM ON CASH - DIAMOND VALLEY WEED DIST
CLAIM ON CASH - DIAMOND VALLEY RODENT
CLAIM ON CASH - RECREATION FUND
CLAIM ON CASH - TOURISM FUND
CLAIM ON CASH - DEVIL'S GATE WATER DIST
CLAIM ON CASH - WATER MITIGATION FUND
CLAIM ON CASH - NAT RES MULT USE FUND
CLAIM ON CASH - RANGE IMPROVEMENT DIST 1
CLAIM ON CASH - RANGE IMPROVEMENT DIST 6
CLAIM ON CASH - DEPT OF MINERAL RESOURCE
CLAIM ON CASH - EUREKA CO. GAME BOARD
CLAIM ON CASH - ACCIDENT INDIGENT FUND
CLAIM ON CASH - EUREKA CO INDIGENT FUND
CLAIM ON CASH - HOSP CO INDG HOSP FUND
CLAIM ON CASH - LANDFILL FUND
CLAIM ON CASH - ASSR TECH FND NRS361.530
CLAIM ON CASH - RECORDER TECHNOLOGY FUND
CLAIM ON CASH-TREASURER TECH FUND
CLAIM ON CASH - DISTRICT COURT AA FUND
CLAIM ON CASH - JUSTICE COURT A A FUND
CLAIM ON CASH - JUV COURT A A FUND
CLAIM ON CASH - JUST CRT FACILITY FUND
CLAIM ON CASH - FORENSIC FEE
CLAIM ON CASH - STATE OF NEVADA
CLAIM ON CASH - SCHOOL GENERAL FUND
CLAIM ON CASH - UB UNAPPLIED CASH

42,148,143.01
47,824.86
3,020,849.77
12,987,975.64
5,374,514.30
18,392,390.79
804,930.24
391,390.21
4,963,717.36
8,325,906.86
1,484,504.16
1,961,056.66
284,468.96
711,965.87
1,122,791.52
249,030.95
408,231.93
678,348.65
44,653.10
1,024,849.55
3,214,114.90
1,962,256.29
28,558.19
111,906.68
0.00
2,446.43
31,162.21
586,374.58
919,853.61
6,479,030.68
2,969,243.44
117,907.20
2,576.03
17,871.24
82,112.48
52,243.65
215,914.89
1,201.21
675,842.31
22,101.86
29,480.94

(778,722.90)
0.00
(31,814.72)
0.00
(117,255.13)
(953,758.46)
0.00
(331.58)
(11,109.00)
0.00
(2,321.58)
(151,149.89)
(1,120.20)
(1,877.38)
(3,700.43)
(1,962.47)
0.00
(3,500.00)
0.00
(245.72)
(345,483.63)
0.00
0.00
(1,500.00)
0.00
0.00
0.00
0.00
0.00
(16,442.77)
(903.72)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(7,493.29)

41,369,420.11
47,824.86
2,989,035.05
12,987,975.64
5,257,259.17
17,438,632.33
804,930.24
391,058.63
4,952,608.36
8,325,906.86
1,482,182.58
1,809,906.77
283,348.76
710,088.49
1,119,091.09
247,068.48
408,231.93
674,848.65
44,653.10
1,024,603.83
2,868,631.27
1,962,256.29
28,558.19
110,406.68
0.00
2,446.43
31,162.21
586,374.58
919,853.61
6,462,587.91
2,968,339.72
117,907.20
2,576.03
17,871.24
82,112.48
52,243.65
215,914.89
1,201.21
675,842.31
22,101.86
21,987.65

121,949,743.21

(2,430,692.87)

119,519,050.34

CASH IN BANK - COUNTY CHECKING
(1,142.78)
CASH IN BANK - DEPOSIT ACCOUNTS
184,056.56
CASH IN BANK - CONCENTRATION
4,234,139.77
CASH IN BANK - SILVER MONEY MARKET
3,791,465.71
CASH IN BANK - LOCAL GOVERNMENT INVESTMENT POOL19,276,793.99
CASH IN BANK - MEEDER INVESTMENT
99,592,353.32

0.00
0.00
0.00
0.00
0.00
0.00

(1,142.78)
184,056.56
4,234,139.77
3,791,465.71
19,276,793.99
99,592,353.32

CASH IN BANK
Cash in Bank
999-000-10102-000
999-000-10103-000
999-000-10104-000
999-000-10105-000
999-000-10106-000
999-000-10107-000

TYLERHOST\SYSTEM

10.01.2026

Page 1 of 4

BEGINNING
BALANCE

CURRENT
ACTIVITY

CURRENT
BALANCE

(5,127,923.36)
0.00
121,949,743.21

(2,430,692.87)
0.00
(2,430,692.87)

(7,558,616.23)
0.00
119,519,050.34

TOTAL: Wages Payable

0.00
0.00

0.00
0.00

0.00
0.00

TOTAL CASH IN BANK

121,949,743.21

(2,430,692.87)

119,519,050.34

121,949,743.21

(2,430,692.87)

119,519,050.34

121,949,743.21

(2,430,692.87)

119,519,050.34

ACCOUNT #

ACCOUNT NAME

999-000-10109-000
999-000-11501-000

CASH IN BANK - NEW COUNTY CHECKING
UB UNAPPLIED CREDIT

TOTAL: Cash in Bank
Wages Payable
999-000-20200-000

WAGES PAYABLE

DUE TO OTHER FUNDS
999-000-24910-000

DUE TO OTHER FUNDS

TOTAL DUE TO OTHER FUNDS
Claim on Cash

119,519,050.34

Claim on Cash

119,519,050.34

Cash in Bank

119,519,050.34

Cash in Bank

119,519,050.34

Due To Other Funds

119,519,050.34

Due To Other Funds

119,519,050.34

Difference

TYLERHOST\SYSTEM

0.00

Difference

0.00

10.01.2026

Difference

0.00

Page 2 of 4

ACCOUNT #

ACCOUNT NAME

BEGINNING
BALANCE

CURRENT
ACTIVITY

CURRENT
BALANCE

ACCOUNTS PAYABLE PENDING
010-000-29300-000
012-000-29300-000
014-000-29300-000
015-000-29300-000
020-000-29300-000
025-000-29300-000
030-000-29300-000
035-000-29300-000
040-000-29300-000
042-000-29300-000
044-000-29300-000
045-000-29300-000
046-000-29300-000
048-000-29300-000
050-000-29300-000
060-000-29300-000
070-000-29300-000
100-000-29300-000
110-000-29300-000
120-000-29300-000
125-000-29300-000
127-000-29300-000
150-000-29300-000
155-000-29300-000
160-000-29300-000
165-000-29300-000
170-000-29300-000
175-000-29300-000
180-000-29300-000
190-000-29300-000
220-000-29300-000
225-000-29300-000
226-000-29300-000
227-000-29300-000
230-000-29300-000
233-000-29300-000
235-000-29300-000
240-000-29300-000
250-000-29300-000
320-000-29300-000

ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE
ACCOUNTS PAYABLE

TOTAL ACCOUNTS PAYABLE PENDING

(65,906.53)
0.00
0.00
0.00
(8,945.72)
0.00
0.00
0.00
0.00
0.00
0.00
(980.06)
(57.89)
(1,518.69)
0.00
(595.66)
0.00
0.00
0.00
(211.21)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(608.24)
(501.82)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(79,325.82)

158,324.50
0.00
0.00
0.00
25,266.71
0.00
0.00
0.00
0.00
0.00
0.00
3,417.07
105.59
2,853.99
0.00
1,311.40
0.00
0.00
0.00
392.41
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,085.18
842.11
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
195,598.96

92,417.97
0.00
0.00
0.00
16,320.99
0.00
0.00
0.00
0.00
0.00
0.00
2,437.01
47.70
1,335.30
0.00
715.74
0.00
0.00
0.00
181.20
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,476.94
340.29
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
116,273.14

65,906.53
0.00
0.00
0.00
8,945.72
0.00
0.00
0.00
0.00
0.00
0.00
980.06
57.89
1,518.69
0.00
595.66
0.00

(158,324.50)
0.00
0.00
0.00
(25,266.71)
0.00
0.00
0.00
0.00
0.00
0.00
(3,417.07)
(105.59)
(2,853.99)
0.00
(1,311.40)
0.00

(92,417.97)
0.00
0.00
0.00
(16,320.99)
0.00
0.00
0.00
0.00
0.00
0.00
(2,437.01)
(47.70)
(1,335.30)
0.00
(715.74)
0.00

DUE FROM OTHER FUNDS
999-000-16010-000
999-000-16012-000
999-000-16014-000
999-000-16015-000
999-000-16020-000
999-000-16025-000
999-000-16030-000
999-000-16035-000
999-000-16040-000
999-000-16042-000
999-000-16044-000
999-000-16045-000
999-000-16046-000
999-000-16048-000
999-000-16050-000
999-000-16060-000
999-000-16070-000

TYLERHOST\SYSTEM

DUE FROM GENERAL FUND
DUE FROM PROPERTY SALE TRUST FUND
DUE FROM RETIREE HLTH INS PREM FD
DUE FROM FUTURE RESERVE FUND
DUE FROM ROAD FUND
DUE FROM REG TRANSPORTATION COMM
DUE FROM AGRICULTURAL EXTENSION
DUE FROM AGRICULTURAL DIST #15
DUE FROM BLDG OPER&MAINT RES FUND
DUE FROM CAPITAL PROJECTS FUND
DUE FROM TOWN OF EUREKA FUND
DUE FROM EUREKA WTR/SWR UTLTY FD
DUE FROM CRESCENT VALLEY TOWN
DUE FROM CV WATER UTILITY FUND
DUE FROM EUREKA CO TV DISTRICT
DUE FROM DIAMOND VALLEY WEED DIST
DUE FROM DIAMOND VALLEY RODENT

10.01.2026

Page 3 of 4

BEGINNING
BALANCE

ACCOUNT #

ACCOUNT NAME

999-000-16110-000
999-000-16111-000
999-000-16120-000
999-000-16125-000
999-000-16127-000
999-000-16150-000
999-000-16155-000
999-000-16160-000
999-000-16165-000
999-000-16170-000
999-000-16175-000
999-000-16180-000
999-000-16190-000
999-000-16220-000
999-000-16225-000
999-000-16230-000
999-000-16233-000
999-000-16235-000
999-000-16240-000
999-000-16250-000
999-000-16320-000

DUE FROM TOURISM FUND
DUE FROM RECREATION FUND
DUE FROM DEVIL'S GATE WATER DIST
DUE FROM WATER MITIGATION FUND
DUE FROM NAT RES MULT USE FUND
DUE FROM RANGE IMPROVEMENT DIST 1
DUE FROM RANGE IMPROVEMENT DIST 6
DUE FROM DEPT OF MINERAL RESOURCE
DUE FROM EUREKA CO. GAME BOARD
DUE FROM ACCIDENT INDIGENT FUND
DUE FROM EUREKA CO INDIGENT FUND
DUE FROM HOSP CO INDG HOSP FUND
DUE FROM LANDFILL FUND
DUE FROM ASSR TECH FND NRS361.530
DUE FROM RECORDER TECHNOLOGY FUND
DUE FROM JUSTICE COURT A A FUND
DUE FROM JUV COURT A A FUND
DUE FROM JUST CRT FACILITY FUND
DUE FROM FORENSIC FEE
DUE FROM STATE OF NEVADA
DUE FROM SCHOOL GENERAL FUND

TOTAL DUE FROM OTHER FUNDS

CURRENT
ACTIVITY

CURRENT
BALANCE

0.00
0.00
211.21
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
608.24
501.82
0.00
0.00
0.00
0.00
0.00
0.00
0.00
79,325.82

0.00
0.00
(392.41)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(3,085.18)
(842.11)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(195,598.96)

0.00
0.00
(181.20)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(2,476.94)
(340.29)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
(116,273.14)

(79,325.82)
(79,325.82)

195,598.96
195,598.96

116,273.14
116,273.14

ACCOUNTS PAYABLE
999-000-29300-000

ACCOUNTS PAYABLE

TOTAL ACCOUNTS PAYABLE
AP Pending

116,273.14

AP Pending

116,273.14

Due From Other Funds

116,273.14

Due From Other Funds

116,273.14

Accounts Payable

116,273.14

Accounts Payable

116,273.14

Difference

TYLERHOST\SYSTEM

0.00

Difference

0.00

10.01.2026

Difference

0.00

Page 4 of 4

From:
To:
Subject:
Date:

Nicholas Collins
Katelyn Ziemann
[EXTERNAL] CVHAB
Tuesday, September 29, 2026 11:43:27 AM

CAUTION: This Message originated outside your organization.

To whom it may concern,
My name is Nicholas Collins. I am a member of the Crescent Valley Health Advisory Board. I
would like to remove myself from my position and return as an alternate. I request that Laura
shivers takes my place.
Thank you

From:
To:
Subject:
Date:

Laura Shivers
Katelyn Ziemann
[EXTERNAL] CVMAB
Tuesday, September 29, 2026 11:49:33 AM

CAUTION: This Message originated outside your organization.

Katelyn,
I would like to be moved from alternate to board member on the Crescent Valley Medical
Advisory Board. Can you please refer this email to the Eureka County Commissioners.
Sincerely,
Laura Shivers
Yahoo Mail: Search, Organize, Conquer

PO Box 430, Roseville, CA 95678 916-338-7070 FAX 916-344-5957

Eureka
Misty

QUOTATION

Customer:
Attention:
Phone:
Quote #:
TERM:

09/10/26
Date:
From: David Lincoln,

1 YEAR - Pre-Paid

DATES:

Start Date: 12/5/2026 - END DATE: 12/4/2027

Office: 916-338-7070

26-09-10 Flex - 3 - 1YR

Fax:
916-344-5957
[email protected]

Comments:
Replace Sub269459 with NEW sub for 1 Year term

Tax

Part #

NO
NO
NO
NO

A-FLEX-3
SVS-FLEX-SUPT-BAS
A-FLEX-NUCL-P
A-FLEX-NUCL-E

COLLABORATION FLEX PLAN 3.0
Basic Support for Flex Plan
NU Webex Calling Professional
NU WEBEX CALLING WORKSPACE FOR COMMON AREA

1
131
83
40

112.50
67.50

9,337.50
2,700.00

NO

A-FLEX-CVI-ROOMS

WEBEX VIDEO INT FOR MS TEAMS CVI PER ACTIVE DEVICE

3

504.90

1,514.70

NO

Included VoIP (1)

1

Webex Edge Audio (1)

8

NO
NO
NO
NO
NO
NO
NO

A-AUD-VOIP
A-AUD-EDGEAUDUSER
A-AUD-TOLLDIALIN
A-AUD-NU-BCCB
A-FLEX-C-PRO
A-FLEX-CL-CA
A-FLEX-P-CALL
A-FLEX-NBR-STG
A-FLEX-FILESTG-ENT

36.00

288.00

NO

A-FLEX-PROPACK-ENT PRO PACK FOR CISCO CONTROL HUB ENTITLEMENT

91

NO
NO
NO
NO
NO

A-FLEX-MSG-NU-ENT
A-FLEX-CVI-RMS-ENT
A-FLEX-ERC
A-FLEX-NUM-MC
A-FLEX-MTGC-ENT

91
4
1
8
8

180.00

1,440.00

NO

Description

Price

Qty

Meetings Toll Dial-In Audio (1)
NU MEETINGS BRIDGE COUNTRY CALL BACK AUDIO (1)
Webex Calling Entitlement
Webex Calling Common Area Entitlement
Prem to Webex Calling / UCM Cloud
WEBEX CLOUD RECORDING STORAGE ENTITLEMEN
File Storage Entitlement

8
8
83
40
123
8
1820

Messaging Named User Entitlement (1)
Webex Video Int for MS Teams CVI Active Device Ent
Emergency Response Center Call fee per location se
NU Meetings - Meetings Center
Meetings Entitlement

Ext Price

Price per
device
per month
1.1 LICENSING INFORMATION: Customer is renting licensing through Quest. Customer is responsible for deployment, monitoring, troubleshooting,
and management.
1.2 Where applicable, Customer subject to licensing platform terms.
1.3 Services, terms, and conditions are subject to change by Cisco. Please refer to Cisco’s website for current terms and conditions regarding
licensing, features, and EULA conditions. https://www.cisco.com/c/dam/en_us/about/doing_business/legal/Cisco_General_Terms.pdf
1.3 Where applicable,. Customer agrees to payment for any usage or overage fees during Licensing Term.
1.4 Customer is to notify Quest sixty (60) days prior to the Licensing Term expiration date. If Customer has not notified Quest in writing of its election to
extend or terminate this Agreement, this Agreement will automatically renew for an additional twelve (12) month term at the then published fees plus
applicable fees at time of renewal, if necessary.
1.5 Customer hereby orders the services set forth above and agrees to the terms and conditions herein as part of the Service Terms (Exhibit A) and
which are incorporated by reference with this order form. Link to exhibit A: https://www.questsys.com/pdf/Managed_Services_TandC.pdf

Signature:
Name:
Title:
PO # (if necessary):

SUBTOTAL:

$15,280.20

Calling

$12,037.50

$8.16

Webex Meetings

$1,728.00

$18.00

Webex Rooms

$1,514.70

$42.08

TOTAL:

$15,280.20

Date:

We have prepared a quote for you
VAC To Tank Hill Fiber Installation
Quote # 022955 Version 2

Prepared for:

Prepared by:

Eureka County

Pete Grellus

Quest | (916) 338-7070 | www.questsys.com

Products
Description

Price

Qty

Ext. Price

FX Outdoor Loose Tube OS2 144 Fibers OSP Sub-Units(12F) Dry
Black

$2.22

2500

$5,550.00

CORNING Closet Connector Housing (CCH), 1U, Rack Mount, Empty,
Accepts 2 Panels/Cassettes/Modules, Black with Clear Cover

$316.24

1

$316.24

CORNING CCH Panel, 6-F, LC Duplex, Multimode, Loaded, for CCH
Enclosure

$73.16

2

$146.32

COMMSCOPE Fiber Connector, OS2, LC/UPC, Blue Housing, 900µm,
No Polish/No Epoxy

$18.05

14

$252.70

HEAT SHRINK SPLICE PROTECTOR 25PK

$24.78

6

$148.68

COMMSCOPE Round Fiber Closure FOSC-450, 6 Port, 7.08 in Dia x
19.29 in L, Black

$295.00

2

$590.00

Mule Tape

$299.72

1

$299.72

Misc, Consumables

$590.00

1

$590.00

Subtotal:

$7,893.66

Quest

9000 Foothills Blvd Suite 100 Roseville, CA 95747

Page: 2 of 4

Project
Scope of Work

Price

Provide, install, terminate, test and label (2500) feet of single mode 144 count outdoor rated fiber from the
VAC to Tank Hill building.
Fiber will be installed in a customer provided underground conduit.
At the VAC, the 144 count fiber will be straight spliced in an existing vault.
At Tank Hill, 138 strands will be straight spliced in a FOSC and 6 strands will be terminated in a new fiber
enclosure in an existing rack.
General:
Permit fees are not included in this quote and will be billed at cost plus a fee for processing.
Due to recent fluctuations in the global marketplace, pricing may be subject to change without
notice.
The material items will be subject to change based on availability.
Any work outside the scope of work will be at an additional charge.
All work will be completed during regular business hours.

Subtotal:

$15,145.00

Shipping
Description

Price

Qty

Ext. Price

Freight Charges Shipping will be added at the time of the bill.

$0.00

1

$0.00

Subtotal:

$0.00

Sales Tax
Sales tax to be added and calculated per current state and local municipalities rates at time of
invoice.

Quest

9000 Foothills Blvd Suite 100 Roseville, CA 95747

Page: 3 of 4

VAC To Tank Hill Fiber Installation
Prepared by:

Prepared for:

Quote Information:

Quest
Pete Grellus
(916) 338-7070
[email protected]

Eureka County
10 S Main Street
Eureka, NV 89316
Misty Rowley

Quote #: 022955
Version: 2
Delivery Date: 09/15/2026
Expiration Date: 10/06/2026

[email protected]

Quote Summary
Description

Amount

Products

$7,893.66

Project

$15,145.00
Total:

$23,038.66

Quest is hereby authorized to furnish all materials and labor to complete the work specified in this proposal, for which I/we agree
to pay the contract price mentioned in this proposal, and according to the terms thereof.
In the event that an action at law or in equity is brought in any public court or private dispute resolution forum to enforce or
interpret the terms of this agreement, the prevailing party shall be awarded reasonable attorneys' fees, photocopying expenses,
etc.
I/we have read and agree to the provisions contained herein, and in any attachments that are made a part hereof and are
described in the proposal.

Quest

Eureka County

Signature:

Signature:

Name:

Pete Grellus

Name:

Title:
Date:

Misty Rowley

Date:
09/15/2026

Shipping and Sales tax to be added and calculated per current state and local municipalities rates at time of invoice.

Signature:
Name:

Misty Rowley

Date:

Quest

9000 Foothills Blvd Suite 100 Roseville, CA 95747

Page: 4 of 4

A

F

Eureka County Room Tax Entities

amourn paid per year

5 SureSray
6 Sundown todge
7 Sitrrer Sky Lodge
8 Ruby Hilt Motel
9 D&D Rentats (C & R HltLS. LLC)
'10 Cotonnade Hotel
'I

1 $one Church

'12 CoryCabin

FY22-23

FY23-24

FY24-25

FY25-26

107.410.65

112.524.29

110.601.72

r22.038.15

30.032.34

20.824.60

20.414.69

25.047.55

14,54!r.S
5.143.24

816.80

924.80

1.065.60

1.12).60

137.60

531.20

608.m

371.04

750.80

160.00

2288.00
2.731.20
il80.96

2.433.20

r.873.60

r.046.82

45.60

D.73

310.97

2.,,l38.l()

FY 26-25

mL.52

595.4!)

t5
14
'15

AS OF SEPT

16

17 Tota[ Revenue
18 8 06 Received
'19 TtforRec Board
20 5lSSTourism

21 3/896$ateofM/
22
1)

2n
25
26
27
LO

29
30
fr

20.317.89

1r7J35.82

150.0u.92
131261.3t

10,494.25

r1.719.76

1,587.34

6296.58

7.031.85

952.40

1,14.313.88

140.659.75

134.326.65

12627?t.71t

1Z3,OT.2A

17275.10

10s89.04
6.590.il3

6.765.06

i,7,8..t6

MAIN CONFERENCE

THURSDAY, NOVEMBER 12, 2026 - 8:00
AM TO 4:30 PM
Reunion Ballrooms E-H

8:00 AM to 8:20 AM - Opening Ceremonies, Opening Session: Janel Rodriguez & Mark
Andrews (Forever 15 Project)
8:20 AM - Opening Keynote Partner Demonstration and Introduction by CEIA USA
8:30 AM to 11:20 AM (break from 9:45-10:00)- Plenary Session #1: Jermaine
Galloway, the Tall Cop, New and Emerging Opioid Trends and Other Drug Trends
11:30 AM to 1:00 PM - Lunch and Plenary Session #2: Dr. Matthew Curran, From

Controlled Substances to Convenience Store Shelves
Reunion Ballroom A

1:15 PM to 2:45 PM - Breakout Session #1: Jake Boyd, Protecting Children Through

Interdiction: A Law Enforcement Overview
Reunion Ballroom B

1:15 PM to 2:45 PM - Breakout Session #1: Dr. Matthew Curran, How To Use Food

Safety and Other Laws to Regulate New and Emerging Drugs / Substances
Reunion Ballroom C

1:15 PM to 2:45 PM - Breakout Session #1: Erin Wick, Comprehensive Student Support:

Modern Approaches That Deliver
Reunion Ballrooms E-H

1:15 PM to 2:45 PM - Breakout Session #1: Dr. Kelly Olson, Lay of the Land:
Encouraging Signs and Persistent Challenges Dot the Terrain of America’s Evolving Drug Use
Epidemic
2:45 PM to 3:00 PM BREAK
Reunion Ballroom A

3:00 PM to 4:15 PM - Breakout Session #2: David Gomez, Screens, Substances, AI /

Synthetic Reality

Reunion Ballroom B
3:00 PM to 4:15 PM - Breakout Session #2: Jody Heavilin & Kenneth
Williams, Addressing the Rapidly Evolving Alcohol Landscape Through Policy and Strategic

Partnerships

Reunion Ballrooms C
3:00 PM to 4:15 PM - Breakout Session #2: Kym Laube, Building Protection and

Reducing Risk

Reunion Ballroom E-H
3:00 PM to 4:15 PM - Breakout Session #2: Joseph O. Jones, Ph.D., Cychlorphine: Real-

Time Surveillance of an Emerging Synthetic Opioid Class
Reunion Ballrooms E-H

4:15 PM - Closing / Raffle (must be present to win)

FRIDAY, NOVEMBER 13, 2026 - 8:00 AM
TO 4:30 PM
Reunion Ballrooms E-H

8:00 AM to 8:15 AM - Opening, Sponsor, Agenda

8:15 AM to 9:30 AM - Plenary Session #4: Robert Hayes & Rich Grosfelt, From Weed

to Shrooms: What We Need To Know About Psilocybin Legalization and Dosing
Reunion Ballrooms E-H

9:45 AM to 11:00 AM - Breakout Session #3: Israel Morrow, How Society Drug Trends

Reflect an Alcohol Trend Shift
Reunion Ballroom A

9:45 AM to 11:00 AM - Breakout Session #3: Rebecca Chiasson, "Tox Dirty to Me"

Understanding and Deciphering Toxicology Results
Results
Reunion Ballroom B

9:45 AM to 11:00 AM - Breakout Session #3: Ben Gillenwater, What Professionals Need

To Know About Threats, Dangers, and Warning Signs of Kids on the Internet
Reunion Ballrooms C

9:45 AM to 11:00 AM - Breakout Session #3: Julie Dreifaldt, Cutting Through the Hype:

THC, Psychedelics, and the Misleading Messages Today’s Youth are Hearing
Reunion Ballrooms E-H

11:30 AM to 1:00 PM - Lunch and Plenary Session #5: Kym Laube, Prevention,

Enforcement, Recovery, and Education: How the Connection Can Save Lives
1:00 PM to 1:15 PM - BREAK
Reunion Ballrooms E-H

1:15 PM to 2:45 PM - Breakout Session #4: Rich Grosfelt, Fake Prescription Pills and
Fentanyl: What’s Next? An Update on the Current Opioid Situation
Reunion Ballroom A
1:15 PM to 2:45 PM - Breakout Session #4: Mark Baxter, Fake IDs, Real Lives: The

Latest Tools & Tactics for Preventing Bad Decisions
Reunion Ballroom B

1:15 PM to 2:45 PM - Breakout Session #4: Jennifer Beasley, From Posts to School

Safety: How Schools/ Campus Professionals Can Keep Students Safe Through Social Media
and Conversation
Reunion Ballroom C
1:15 PM to 2:45 PM - Breakout Session #4: Kyle McCall, From Enforcement to
Assessment: Clinical Thinking in Drug-Related Field Encounters
2:45 PM to 3:00 PM BREAK

Reunion Ballrooms E-H
3:00 PM to 4:15 PM - Plenary Session #6: Steven H. Fischer & 2nd Special
Agent, From the Lab to the Streets: A Law Enforcement Perspective on Methamphetamine
4:15 PM to 4:30 PM - Closing / Evaluation / Certificates of Attendance / Raffle

EUREKA COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM REQUEST FORM

The Eureka County Board of Commissioners meets the first and third Tuesday of each month beginning
at 9:30 a.m. Requests for an agenda item must be submitted seven calendar days prior to the meeting.
•
•
•

NOTE: Content of the Board’s agenda is subject to approval by the Chairman.
Topics may be limited to those that are relevant to, or within the authority of, the County Commission.
Completing this form does not guarantee that the requested item will appear on the published agenda.

1. Person or Organization requesting agenda item: (Printed name and signature)
Stephen Zimmerman
2. Contact Information (email address, telephone, mailing address):
[email protected] - 775-237-5450 - P.O. Box 11, Eureka, NV 89316
3. Date of Commission meeting for which you are making this request:
10/6/2026
4. Agenda Item:

Discuss, approve or deny out of state travel for Stephen Zimmerman and Marilyn Strickland-Adams to travel
to Dallas, TX on November 11-13, 2026 for the Emerging Drug Trends Conference.

X FOR POSSIBLE ACTION  FOR DISCUSSION ONLY
5. Select one: 
For ACTION items, please describe the specific action you are requesting from the Board:
Approve out of state travel for Stephen Zimmerman and Marilyn Strickland-Adams to go to the Emerging
Drug Trends Conference in Dallas, TX on November 11-13, 2026

6. List any supporting materials and attach copies to this request form:
Emerging Drug Trends Conference Schedule.

7. Provide any additional information that may be helpful in relation to your agenda request:
Return completed form to:
Eureka County Clerk Recorder
Katherine J. Bowling
10 S. Main St./PO Box 540
Eureka, NV 89316
(775) 237-5263
[email protected]

EUREKA COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM REQUEST FORM

The Eureka County Board of Commissioners meets the first and third Tuesday of each month beginning
at 9:30 a.m. Requests for an agenda item must be submitted seven calendar days prior to the meeting.
•
•
•

NOTE: Content of the Board’s agenda is subject to approval by the Chairman.
Topics may be limited to those that are relevant to, or within the authority of, the County Commission.
Completing this form does not guarantee that the requested item will appear on the published agenda.

1. Person or Organization requesting agenda item: (Printed name and signature)
Stephen Zimmerman
2. Contact Information (email address, telephone, mailing address):
[email protected] - 775-237-5450 - P.O. Box 11, Eureka, NV 89316
3. Date of Commission meeting for which you are making this request:
10/6/2026
4. Agenda Item:

Discuss, approve, or deny adopting a Proclamation declaring October 26th – 29th, as Red Ribbon Week
commemorating the National Drug Prevention Campaign, with local events and activities sponsored by
Eureka County Juvenile Probation. (For Possible Action)

X FOR POSSIBLE ACTION  FOR DISCUSSION ONLY
5. Select one: 
For ACTION items, please describe the specific action you are requesting from the Board:

Proclaim Eureka County's participation in Red Ribbon Week to join along with the Eureka County School
Board of Trustees.

6. List any supporting materials and attach copies to this request form:
Red Ribbon Week Proclamation

7. Provide any additional information that may be helpful in relation to your agenda request:
Return completed form to:
Eureka County Clerk Recorder
Katherine J. Bowling
10 S. Main St./PO Box 540
Eureka, NV 89316
(775) 237-5263
[email protected]

EUREKA COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM REQUEST FORM

The Eureka County Board of Commissioners meets the first and third Tuesday of each month beginning
at 9:30 a.m. Requests for an agenda item must be submitted seven calendar days prior to the meeting.
•
•
•

NOTE: Content of the Board’s agenda is subject to approval by the Chairman.
Topics may be limited to those that are relevant to, or within the authority of, the County Commission.
Completing this form does not guarantee that the requested item will appear on the published agenda.

1. Person or Organization requesting agenda item: (Printed name and signature)
Stephen Zimmerman
2. Contact Information (email address, telephone, mailing address):
[email protected] - 775-237-5450 - P.O. Box 11, Eureka, NV 89316
3. Date of Commission meeting for which you are making this request:
10/6/2026
4. Agenda Item:

Discuss, approve or deny a temporary credit limit increase on the County purchasing cared issued to Steve
Zimmerman, in the amount of $2,000 ($3,000 total), for the months of October of 2026 for the purchases of
registration costs and hotel costs for the Emerging Drug Trends Conference in Dallas, TX on November
11-13/ 2026..

X FOR POSSIBLE ACTION  FOR DISCUSSION ONLY
5. Select one: 
For ACTION items, please describe the specific action you are requesting from the Board:
Approve temporary credit card increase for Stephen Zimmerman to pay for conference registration and
hotel costs for the conference.

6. List any supporting materials and attach copies to this request form:
Emerging Drug Trends Conference Schedule.

7. Provide any additional information that may be helpful in relation to your agenda request:
Return completed form to:
Eureka County Clerk Recorder
Katherine J. Bowling
10 S. Main St./PO Box 540
Eureka, NV 89316
(775) 237-5263
[email protected]

PROCLAMATION
2026 RED RIBBON WEEK
WHEREAS, The NATIONAL RED RIBBON WEEK CAMPAIGN, will be observed October
23-31, 2026 in Eureka County, and shall be known as “Red Ribbon Week”; and
WHEREAS, The Eureka County Juvenile Probation Department will be the chairperson of the
county wide focus on a “Drug Free America”; and
WHEREAS, The Red Ribbon Campaign is a comprehensive drug-abuse prevention education
program designed to create awareness, build coalitions, and support healthy,
drug-free lifestyles; and
WHEREAS, The Red Ribbon Campaign is a catalyst to mobilize communities into action and
create a drug-free environment in every neighborhood in Nevada by wearing and
displaying red ribbons during the week-long campaign; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners and the
School Board of Trustees of Eureka, Nevada do hereby support and set October
23-31, 2026, as “RED RIBBON WEEK”, and encourage all citizens to participate
in drug awareness and education activities, making a visible statement that we are
strongly committed to a drug-free healthy lifestyle.
BE IT FURTHER RESOLVED, that the Board of County Commissioners and the School Board
Trustees of Eureka, Nevada encourages all students, faculty, employees,
administration, and elected officials, to pledge to remain drug free with this year’s
theme –

“MAKE A DIFFERENCE, BE A HERO, STAY DRUG FREE”

__________________________________________
President, Eureka County School Board of Trustees

Dated: ________________________

ATTEST: _________________________________
Clerk
__________________________________________
Chairman, Eureka County Commissioners
ATTEST: __________________________________
Clerk

Dated: ________________________

Exhibit C - Description of Services
Crime Sce!')e Fees
Crime Scene - 1 Staff

Crime Scene - 2 Staff

Crime Scene - 3 Staff

The fee for a request for Crime Scene service for X number of analysts. A
request for service may include one or multiple scenes or multiple requests for
service. The rate charged will be for the number of analysts needed to complete
each request for service per case.
For example, one request for service may have four small scenes (primary,
secondary, victim, and suspect) and would only require one analyst to manage
that request. In this example, the agency would be charged the Crime Scene -1
Staff rate. Conversely, a request for service may include one large scene which
require.s 3 analysts (i.e. large shooting scene with multiple weapons, multiple
shooting locations within the scene, and a large volume of evidence to collect
and process on scene). In this example, the agency would be charged with the
Crime Scene - 3 Staff rate. Most of the requests for Crime Scene services only
require one or two analysts.
A case could have multiple requests for service. Using the first example, after
the first request was processed with one analyst, the agency added a separate
request for vehicle processing. This request only requires one analyst, and the
agency would be charged a second, Crime Scene - 1 Staff rate.

Crime Scene - 4 Staff

Crime Scene - Per Hour

Suspect and victim processing may be considered a separate scene when
additional staff is requested by the agency for processing. Using the first
example again, if one analyst is working on the primary scene and the agency
requests a second analyst to process a suspect, the agency will be charged at the
Crime Scene -1 Staff rate for the initial request and the Crime Scene - 1 Staff
rate for the secondary request (suspect processing).
The number of analysts needed to work a scene will be determined by the
laboratory and will be based on the complexity of the scene. Each scene will
typically be worked start to finish before moving to another scene.
The hourly rate used to travel to a scene outside of Washoe County. The agency
will be charged from Portal to Portal.

Controlled Substances Fees
Controlled Substances - Per
Assignment

To�i�Ql.Qgy Fees

Toxicology (Alcohol, Blood Test)

Toxicology (Drug Screen, Blood Test)
Toxicology (Drug Confirmation,
Blood Test)

Fee for a completed assignment, up to five exhibits tested. Exhibits are tested
as needed to support the highest criminal charge(s). When more than five
exhibits are tested, additional assignments will be created. Exhibits are
substances with the same general makeup (white powder, crystalline substance,
black tar material, etc.) and multiple similar items from the same evidence
package can be one exhibit or a single item of evidence may contain multiple
exhibits if different.

Fee for each completed blood alcohol test. Cases with three-part blood draws
will be charged for each alcohol blood draw tested.
Fee to screen a blood sample for the presence of controlled substances.
Fee to confirm the presence of controlled substances in a blood sample. A Drug
Screen will occur prior to a Drug Confirmation. When a request is submitted to
analyze a blood sample for alcohol and drugs and the alcohol result is greater
than 0.100, only a Drug Screen will be performed. The agency can make an
additional Drug Confirmation request to confirm the drugs identified in the Drug
Screen.

McCuen Construction, Inc.

3269 Swetzer Road, Loomis CA 95650

Ph: 916-652-7824

Fax: 916-652-7602

CHANGE ORDER REQUEST No.
PROJECT NAME: Eureka SRE Building and Windsocks
PROJECT NO: 25-105
Owner: Eureka County Public Works
PUBLIC WORKS DIRECTOR:
PRIME CONTRACTOR:
Description:

DATE:

05/07/26

Jeb Rowley
McCuen Construction Inc.

Sawcut, demo/remove existing concrete valley gutter. Excavate 6" depth and install 6"
new base. Form and pour 1,700 SF of 6" concrete drainage swale.

A
B
C

General Contractor Direct Costs
Additive Costs
Equipment
Material
Labor

$
$
$

D

Subtotal of Additive Cost

$

E
F
G

Deductive Cost (use minus sign to denote negative figures)
Labor
Material
Equipment

$
$
$

H

Subtotal of Deductive Cost

$

-

I

General Contractor's Total Direct Cost (Line D + H)

$

-

J

General Contractor's Mark-up (15%)

$

-

K

Total General Contractor Direct Costs + Mark-up (Line I + J)

$

-

L

Subcontractor's

-

-

Costs

Element

Total:
L.1

Total of all Subcontractor Direct Costs

M

Subcontractor Mark-up

$

87,991.00

$

87,991.00

$

87,991.00
Included Above

1

Changes in the Work 25-105

N

General Contractor's Mark-up on Subcontractor Work
(7% of Line "L.1" Total)

$

6,159.37

O

Subtotal General Contractor Change Request (Line K + L + M + N)

$

94,150.37

P

Total General Contractor Change Request (Line K + L + M + N + O)

$

94,150.37

Additional Days Requested:

0

Comments:

END OF DOCUMENT

2
Changes in the Work 25-105

Proposal Eureka Airport-Concrete Valley
Gutter Addition
Date: 05/07/2026
Thank you for the opportunity to provide pricing for this project. Element Construction hereby submits this
proposal, which includes the following items of work, with exceptions as noted:

Description of work
•

Mobilization

$2,800.00

Option #1
•

Sawcut, demo/remove existing concrete valley gutter.

$9,436.00

•

Form, install owner supplied rebar and pour 1,700SF of 8” thick concrete
drainage swale.

$64,920.00

Total for option #1

$77,156.00

Option #2
•

Sawcut, demo/remove existing concrete valley gutter and excavate down 8” for
new base.

$11,475.00

•

Supply, install and compact 8” of type II base.

$8,796.00

•

Form, install owner supplied rebar and pour 1,700SF of 8” thick concrete
drainage swale.

$64,920.00

Total for option #2

$87,991.00

197 Elko Summit Dr. • Elko, NV 89801 • 775-299-4085 • NV Lic#0081096
Unlimited Bid Limit

0

Notes
-Element Construction herby proposes to furnish all mobilization labor and supervision necessary to
complete the above listed terms of work.
-Element Construction is not responsible for cracking, shrinkage, discoloration or crazing.
-This proposal is only good for 15 days.
-Existing valley gutter assumed at 6” with rebar. Any deviation from this must be negotiated prior to work
being completed.
-Quoted with saw cutting along each side of the existing valley gutter and removing concrete only. No
asphalt patching included.

Not Included in this Proposal
1.
2.
3.
4.
5.

The cost of any changes in the scope of work not defined before this proposal was offered.
Does not include site fencing or traffic control.
Does not include any survey or quality control.
Does not include ground heater or winter conditions.
Does not include any asphalt patching.

Please feel free to contact me if you have any questions. Thank you for giving us the opportunity to be of service
to you.
Sincerely,
Jesse Lednisky

197 Elko Summit Dr. • Elko, NV 89801 • 775-299-4085 • NV Lic#0081096
Unlimited Bid Limit

1

Acceptance
The undersigned hereby authorizes Element Construction to furnish all materials and labor required to complete
the work mentioned in the hereinabove proposal and understands what all is included. The undersigned agrees
to pay the amount stated in the said proposal upon presentation of billing.

Name____________________________________ Signature____________________________________

Company_________________________________ Date_____________________________________

197 Elko Summit Dr. • Elko, NV 89801 • 775-299-4085 • NV Lic#0081096
Unlimited Bid Limit

2

May 6, 2026
Project: Eureka County – Snow Removal Equipment Storage Building
Subject: Valley Gutter Replacement
Mr. Mori,
Sierra Nevada Construction (SNC) is pleased to provide pricing for the replacement of 1,700
square feet of concrete valley gutter at the Eureka Airport. The pricing is based on a continuous
slope from the flowline to the edge of asphalt. It also assumes that No. 6 rebar will be supplied
by Eureka County; however, the pricing does include No. 4 bars bent for use as horizontal crossmember reinforcement. Concrete is 4000 PSI
8” Reinforced Valley Gutter

1700 SF

$49.50/SF

$84,150.00

If you have any questions, please feel free to contact me at (775) 432-8219.
Sincerely,

Emma Crossman
Project Manager
Sierra Nevada Construction, Inc.

NOTICE OF AWARD
Date of Issuance: 9/24/2026
Owner:

Eureka County

Owner's Contract No.: EU-2026-544

Engineer:

Lumos & Associates, Inc.

Engineer's Project No.: 12577.000

Project:

Eureka Airport (05U) – Valley Gutter
Replacement

IIJA Project No:

Bidder:

3-32-0007-023-2026

Contract Name:

Sierra Nevada Construction, Inc.

Bidder’s Address: 2055 East Greg Street
Sparks, NV 89435

6TO BIDDER:
You are notified that Owner has accepted your Bid dated [__September 24, 2026______________________]
for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:
The Work generally includes but is not limited to: remove and replace approximately 1,700 square feet of concrete
valley gutter.
The Contract Price of the awarded Contract is: $ 84,150 [note if subject to unit prices, or cost-plus]
[2] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the
Contract Documents accompanies this Notice of Award, or has been transmitted or made available to
Bidder electronically.

[1] set of the Drawings will be delivered electronically, separately from the other Contract Documents upon
request.
You must comply with the following conditions precedent within 10 days of the date of receipt of this Notice
of Award:
1. Deliver to Owner [2] counterpart of the Agreement, fully executed by Bidder.
2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds]
and insurance documentation as specified in the Instructions to Bidders and General Conditions,
Articles 2 and 6.
3. Other conditions precedent (if any):
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in
Paragraph 2.02 of the General Conditions.

EJCDC C-510, Notice of Award.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 00510-1

Owner:
(Authorized Signature)

By:
(Printed Name)

Title:
Copy: Engineer

++ END OF NOTICE OF AWARD++

EJCDC C-510, Notice of Award.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 00510-2

PERFORMANCE BOND
SURETY (name and address of principal place of business):

CONTRACTOR (name and address):
Sierra Nevada Construction, Inc.
2055 East Greg Street
Sparks, NV 89435
OWNER (name and address):
Eureka County
701 S. Main Street
Eureka, NV 89316

CONSTRUCTION CONTRACT
Effective Date of the Agreement: 10/1/2026
Amount: $84,150
Description (name and location): Eureka Airport (05U) – Valley Gutter Replacement
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form:
None
See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL

SURETY
(seal)

(seal)

Contractor’s Name and Corporate Seal

Surety’s Name and Corporate Seal

By:

By:
Signature

Signature (attach power of attorney)

Print Name

Print Name

Title

Title

Attest:

Attest:
Signature

Title

Signature

Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party shall be considered plural where applicable.
Booth Bailey Field, Eureka County 05U
Performance Bond. Modified from EJCDC® C-610
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1. The Contractor and Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors, and assigns to the
Owner for the performance of the Construction Contract, which is
incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the
Surety’s obligation under this Bond shall arise after:
3.1
The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is
requesting a conference among the Owner, Contractor, and
Surety to discuss the Contractor’s performance. If the Owner
does not request a conference, the Surety may, within five (5)
business days after receipt of the Owner’s notice, request such a
conference. If the Surety timely requests a conference, the
Owner shall attend. Unless the Owner agrees otherwise, any
conference requested under this Paragraph 3.1 shall be held
within ten (10) business days of the Surety’s receipt of the
Owner’s notice. If the Owner, the Contractor, and the Surety
agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall
not waive the Owner’s right, if any, subsequently to declare a
Contractor Default;
3.2
The Owner declares a Contractor Default, terminates
the Construction Contract and notifies the Surety; and
3.3
The Owner has agreed to pay the Balance of the
Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the
Construction Contract.
4. Failure on the part of the Owner to comply with the notice
requirement in Paragraph 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety’s obligations, or release the
Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety’s expense take one of the
following actions:
5.1
Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction Contract;
5.2
Undertake to perform and complete the Construction
Contract itself, through its agents or independent contractors;
5.3
Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner

and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
Contractor Default; or
5.4
Waive its right to perform and complete, arrange for
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
5.4.1
After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment
to the Owner; or
5.4.2
Deny liability in whole or in part and notify the
Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with
reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from
the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce
any remedy available to the Owner. If the Surety proceeds as provided
in Paragraph 5.4, and the Owner refuses the payment or the Surety has
denied liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then
the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,
the Surety is obligated, without duplication for:
7.1
the responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
7.2
additional legal, design professional, and delay costs
resulting from the Contractor’s Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5; and
7.3
liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the
Surety’s liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or
set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators, successors, and assigns.

Booth Bailey Field, Eureka County 05U
Performance Bond. Modified from EJCDC® C-610
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10. The Surety hereby waives notice of any change, including changes
of time, to the Construction Contract or to related subcontracts,
purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted
within two years after a declaration of Contractor Default or within two
years after the Contractor ceased working or within two years after the
Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of this paragraph are void or
prohibited by law, the minimum periods of limitations available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be mailed
or delivered to the address shown on the page on which their signature
appears.

the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contract.
14.2
Construction Contract: The agreement between the
Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the
Contract Documents.
14.3
Contractor Default: Failure of the Contractor, which has
not been remedied or waived, to perform or otherwise to comply
with a material term of the Construction Contract.
14.4
Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or
comply with the other material terms of the Construction
Contract.

13. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said statutory
or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this
Bond shall be construed as a statutory bond and not as a common law
bond.

15. If this Bond is issued for an agreement between a contractor and
subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.

14. Definitions

16. Modifications to this Bond are as follows:

14.5
Contract Documents: All the documents that comprise
the agreement between the Owner and Contractor.

14.1
Balance of the Contract Price: The total amount payable
by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made including allowance
for the Contractor for any amounts received or to be received by

Booth Bailey Field, Eureka County 05U
Performance Bond. Modified from EJCDC® C-610
3 of 3

PAYMENT BOND
CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

Sierra Nevada Construction, Inc.
2055 East Greg Street
Sparks, NV 89435
OWNER (name and address):
Eureka County
701 S. Main Street
Eureka, NV 89316
CONSTRUCTION CONTRACT
Effective Date of the Agreement: 10/1/2026
Amount: $84,150
Description (name and location): Eureka Airport (05U) – Valley Gutter Replacement
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form:
None
See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL

SURETY
(seal)

(seal)

Contractor’s Name and Corporate Seal

Surety’s Name and Corporate Seal

By:

By:
Signature

Signature (attach power of attorney)

Print Name

Print Name

Title

Title

Attest:

Attest:
Signature

Title

Signature

Title

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party shall be considered plural where applicable.
Booth Bailey Field, Eureka County 05U
Payment Bond. Modified from EJCDC® C-615
1 of 3

1.

2.

The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors,
and assigns to the Owner to pay for labor, materials, and
equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by
reference, subject to the following terms.
If the Contractor promptly makes payment of all sums due to
Claimants, and defends, indemnifies, and holds harmless the
Owner from claims, demands, liens, or suits by any person or
entity seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction
Contract, then the Surety and the Contractor shall have no
obligation under this Bond.

3.

If there is no Owner Default under the Construction Contract,
the Surety’s obligation to the Owner under this Bond shall
arise after the Owner has promptly notified the Contractor
and the Surety (at the address described in Paragraph 13) of
claims, demands, liens, or suits against the Owner or the
Owner’s property by any person or entity seeking payment for
labor, materials, or equipment furnished for use in the
performance of the Construction Contract, and tendered
defense of such claims, demands, liens, or suits to the
Contractor and the Surety.

4.

When the Owner has satisfied the conditions in Paragraph 3,
the Surety shall promptly and at the Surety’s expense defend,
indemnify, and hold harmless the Owner against a duly
tendered claim, demand, lien, or suit.

5.

Claimants who do not have a direct contract with the
Contractor,
5.1.1

5.1.2

5.2

have furnished a written notice of nonpayment to the Contractor, stating with
substantial accuracy the amount claimed and
the name of the party to whom the materials
were, or equipment was, furnished or
supplied or for whom the labor was done or
performed, within ninety (90) days after
having last performed labor or last furnished
materials or equipment included in the Claim;
and
have sent a Claim to the Surety (at the address
described in Paragraph 13).

Claimants who are employed by or have a direct
contract with the Contractor have sent a Claim to the
Surety (at the address described in Paragraph 13).

If a notice of non-payment required by Paragraph 5.1.1 is
given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant’s obligation to furnish a written notice of
non-payment under Paragraph 5.1.1.

When a Claimant has satisfied the conditions of Paragraph 5.1
or 5.2, whichever is applicable, the Surety shall promptly and
at the Surety’s expense take the following actions:

7.1

Send an answer to the Claimant, with a copy to the
Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed; and

7.2

Pay or arrange for payment of any undisputed
amounts.

7.3

The Surety’s failure to discharge its obligations under
Paragraph 7.1 or 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may
have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have
reached agreement. If, however, the Surety fails to
discharge its obligations under Paragraph 7.1 or 7.2,
the Surety shall indemnify the Claimant for the
reasonable attorney’s fees the Claimant incurs
thereafter to recover any sums found to be due and
owing to the Claimant.

8.

The Surety’s total obligation shall not exceed the amount of
this Bond, plus the amount of reasonable attorney’s fees
provided under Paragraph 7.3, and the amount of this Bond
shall be credited for any payments made in good faith by the
Surety.

9.

Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of
the Contractor and Surety under this Bond, subject to the
Owner’s priority to use the funds for the completion of the
work.

The Surety’s obligations to a Claimant under this Bond shall
arise after the following:
5.1

6.

7.

10. The Surety shall not be liable to the Owner, Claimants, or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
the payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligation to
make payments to or give notice on behalf of Claimants, or
otherwise have any obligations to Claimants under this Bond.
11. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
12. No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the

Booth Bailey Field, Eureka County 05U
Payment Bond. Modified from EJCDC® C-615
2 of 3

state in which the project that is the subject of the
Construction Contract is located or after the expiration of one
year from the date (1) on which the Claimant sent a Claim to
the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which
the last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.

7.
8.

16.2

Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to furnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that has rightfully
asserted a claim under an applicable mechanic’s lien
or similar statute against the real property upon which
the Project is located. The intent of this Bond shall be
to include without limitation in the terms of “labor,
materials, or equipment” that part of the water, gas,
power, light, heat, oil, gasoline, telephone service, or
rental equipment used in the Construction Contract,
architectural and engineering services required for
performance of the work of the Contractor and the
Contractor’s subcontractors, and all other items for
which a mechanic’s lien may be asserted in the
jurisdiction where the labor, materials, or equipment
were furnished.

16.3

Construction Contract: The agreement between the
Owner and Contractor identified on the cover page,
including all Contract Documents and all changes
made to the agreement and the Contract Documents.

16.4

Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as
required under the Construction Contract or to
perform and complete or comply with the other
material terms of the Construction Contract.

16.5

Contract Documents: All the documents that comprise
the agreement between the Owner and Contractor.

13. Notice and Claims to the Surety, the Owner, or the Contractor
shall be mailed or delivered to the address shown on the page
on which their signature appears. Actual receipt of notice or
Claims, however accomplished, shall be sufficient compliance
as of the date received.
14. When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and Owner
shall promptly furnish a copy of this Bond or shall permit a
copy to be made.
16. Definitions
16.1

Claim: A written statement by the Claimant including
at a minimum:
1.
2.
3.

4.
5.

6.

The name of the Claimant;
The name of the person for whom the labor was
done, or materials or equipment furnished;
A copy of the agreement or purchase order
pursuant to which labor, materials, or equipment
was furnished for use in the performance of the
Construction Contract;
A brief description of the labor, materials, or
equipment furnished;
The date on which the Claimant last performed
labor or last furnished materials or equipment for
use in the performance of the Construction
Contract;
The total amount earned by the Claimant for
labor, materials, or equipment furnished as of the
date of the Claim;

The total amount of previous payments received
by the Claimant; and
The total amount due and unpaid to the Claimant
for labor, materials, or equipment furnished as of
the date of the Claim.

17. If this Bond is issued for an agreement between a contractor
and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be
deemed to be Contractor.
18. Modifications to this Bond are as follows:

Booth Bailey Field, Eureka County 05U
Payment Bond. Modified from EJCDC® C-615
3 of 3

AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between

Eureka County

Sierra Nevada Construction, Inc.

(“Owner”) and
(“Contractor”).

Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows: Construction of a 1,700 square foot concrete valley gutter

ARTICLE 2 – THE PROJECT
2.01

The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Eureka Airport (05U) – Valley Gutter Reconstruction Project.

ARTICLE 3 – ENGINEER
3.01

The part of the Project that pertains to the Work has been designed by Lumos & Associates, Inc.

3.02

The Owner has retained Lumos & Associates, Inc. (“Engineer”) to act as Owner’s representative,
assume all duties and responsibilities, and have the rights and authority assigned to Engineer in
the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.

ARTICLE 4 – CONTRACT TIMES
4.01

Time of the Essence
A.

4.02

Contract Times: Dates
A.

4.03

All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
The Work will be substantially completed on or before October 31st, 2026, and completed
and ready for final payment in accordance with Paragraph 15.06 of the General Conditions
on or before November 10, 2026.

Liquidated Damages
A.

Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
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Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
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1.

Substantial Completion: Contractor shall pay Owner $_2,000___ for each day that
expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph
4.02.A above for Substantial Completion until the Work is substantially complete.

2.

Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract Times (as
duly adjusted pursuant to the Contract) for completion and readiness for final payment,
Contractor shall pay Owner $__500___ for each day that expires after such time until
the Work is completed and ready for final payment.

3.

Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.

ARTICLE 5 – CONTRACT PRICE
5.01

Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A.

For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES
6.01

Submittal and Processing of Payments
A.

6.02

Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
General Conditions.

Progress Payments; Retainage
A.

Owner shall make progress payments on account of the Contract Price on the basis of
Contractor’s Applications for Payment on or about the __30th ___ day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of Values
established as provided in the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as
provided elsewhere in the Contract.
1.

B.

Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a.

__95___ percent of Work completed (with the balance being retainage). If the
Work has been 50 percent completed as determined by Engineer, and if the
character and progress of the Work have been satisfactory to Owner and Engineer,
then as long as the character and progress of the Work remain satisfactory to
Owner and Engineer, there will be no additional retainage; and

b.

___95__ percent of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).

Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
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Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
Page 2 of 6

Engineer’s estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.
6.03

Final Payment
A.

Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7 – INTEREST
7.01

All amounts not paid when due shall bear interest at the rate established in NRS 338.515 of _____
percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01

In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A.

Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.

B.

Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.

C.

Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.

D.

Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings.

E.

Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site-related
reports and drawings identified in the Contract Documents, with respect to the effect of such
information, observations, and documents on (1) the cost, progress, and performance of the
Work; (2) the means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor; and (3) Contractor’s safety precautions and programs.

F.

Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.

G.

Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.

H.

Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
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Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
Page 3 of 6

I.

The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.

J.

Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS
9.01

Contents
A.

The Contract Documents consist of the following:
1.

This Agreement (pages 1 to 6, inclusive).

2.

Performance bond (pages 1 to 3, inclusive).

3.

Payment bond (pages 1 to 3, inclusive).

4.

General Conditions (pages i to 64, inclusive).

5.

Supplementary Conditions (pages 1 to 31, inclusive).

6.

Specifications as listed in the table of contents of the Project Manual.

7.

Drawings (not attached but incorporated by reference) consisting of 14 sheets with each
sheet bearing the following general title: Eureka Airport Valley Gutter

8.

Addenda (numbers ___ to ___, inclusive). Bidder to Fill In

9.

Exhibits to this Agreement (enumerated as follows): Bidder to Fill In
a.

Contractor’s Bid (pages ___ to ___, inclusive).

10. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a.

Notice to Proceed.

b.

Work Change Directives.

c.

Change Orders.

d.

Field Orders.

B.

The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).

C.

There are no Contract Documents other than those listed above in this Article 9.

D.

The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.

ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A.

Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.

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Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
Page 4 of 6

10.02 Assignment of Contract
A.

Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto without
the written consent of the party sought to be bound; and, specifically but without limitation,
money that may become due and money that is due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.

10.03 Successors and Assigns
A.

Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability
A.

Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications
A.

Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1.

“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;

2.

“fraudulent practice” means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;

3.

“collusive practice” means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and

4.

“coercive practice” means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or affect
the execution of the Contract.

10.06 Other Provisions
A.

Owner stipulates that if the General Conditions that are made a part of this Contract are
based on EJCDC® C-700, Standard General Conditions for the Construction Contract,
published by the Engineers Joint Contract Documents Committee®, and if Owner is the party
that has furnished said General Conditions, then Owner has plainly shown all modifications
to the standard wording of such published document to the Contractor, through a process
such as highlighting or “track changes” (redline/strikeout), or in the Supplementary
Conditions.
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Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
Page 5 of 6

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on __________ (which is the Effective Date of the Contract).

OWNER:

CONTRACTOR:

Eureka County
By:

By:

Title:

Title:
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)

Attest:

Attest:

Title:

Title:

Address for giving notices:

Address for giving notices:

License No.:
(where applicable)
(If Owner is a corporation, attach evidence of authority
to sign. If Owner is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of this Agreement.)

NOTE TO USER: Use in those states or other
jurisdictions where applicable or required.

Booth Bailey Field, Eureka County 05U
Agreement Between Owner and Contractor for Construction Contracts. Modified from EJCDC® C-520
Page 6 of 6

NOTICE TO PROCEED
Owner:

Eureka County

Owner's Contract No.:

EU-2026-544

Contractor:

Sierra Nevada Construction, Inc.

IIJA Project No:

3-32-0007-023-2026

Engineer:

Lumos & Associates

Engineer's Project No.:

12577.00

Project:

Eureka Airport (05U) – Valley Gutter
Replacement

Contract Name:
Effective Date of Contract: 10/1/2026

TO CONTRACTOR:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence
to run on [__October 1, _______________, 2026_]. [see Paragraph 4.01 of the General Conditions]
On that date, Contractor shall start performing its obligations under the Contract Documents. In
accordance with the Agreement, the contractor may begin submitting materials, material procurement,
and permits.
Before starting any Work at the Site, Contractor must comply with the following:
[Note any access limitations, security procedures, or other restrictions]

Owner:
Authorized Signature
By:
Title:
Date Issued:
Copy: Engineer

Booth Bailey Field, Eureka County 05U
Notice to Proceed. Modified from EJCDC® C-550

Page 1 of 1

STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology ......................................................................................... 1
1.01

Defined Terms ........................................................................................................................ 1

1.02

Terminology ........................................................................................................................... 5

Article 2 – Preliminary Matters ....................................................................................................... 6
2.01

Delivery of Bonds and Evidence of Insurance ........................................................................ 6

2.02

Copies of Documents ............................................................................................................. 6

2.03

Before Starting Construction ................................................................................................. 6

2.04

Preconstruction Conference; Designation of Authorized Representatives ........................... 7

2.05

Initial Acceptance of Schedules ............................................................................................. 7

2.06

Electronic Transmittals........................................................................................................... 7

Article 3 – Documents: Intent, Requirements, Reuse .................................................................... 8
3.01

Intent ...................................................................................................................................... 8

3.02

Reference Standards .............................................................................................................. 8

3.03

Reporting and Resolving Discrepancies ................................................................................. 8

3.04

Requirements of the Contract Documents ............................................................................ 9

3.05

Reuse of Documents ............................................................................................................ 10

Article 4 – Commencement and Progress of the Work ................................................................ 10
4.01

Commencement of Contract Times; Notice to Proceed ...................................................... 10

4.02

Starting the Work ................................................................................................................. 10

4.03

Reference Points .................................................................................................................. 10

4.04

Progress Schedule ................................................................................................................ 10

4.05

Delays in Contractor’s Progress ........................................................................................... 11

Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions ..................................................................................................................................... 12
5.01

Availability of Lands ............................................................................................................. 12

5.02

Use of Site and Other Areas ................................................................................................. 12

5.03

Subsurface and Physical Conditions ..................................................................................... 13

5.04

Differing Subsurface or Physical Conditions ........................................................................ 13

5.05

Underground Facilities ......................................................................................................... 15

5.06

Hazardous Environmental Conditions at Site ...................................................................... 16
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Standard General Conditions of the Construction Contract. Modified from EJCDC® C-700
Page i

Article 6 – Bonds and Insurance ................................................................................................... 18
6.01

Performance, Payment, and Other Bonds ........................................................................... 18

6.02

Insurance—General Provisions ............................................................................................ 19

6.03

Contractor’s Insurance ......................................................................................................... 20

6.04

Owner’s Liability Insurance .................................................................................................. 22

6.05

Property Insurance ............................................................................................................... 22

6.06

Waiver of Rights ................................................................................................................... 24

6.07

Receipt and Application of Property Insurance Proceeds ................................................... 25

Article 7 – Contractor’s Responsibilities ....................................................................................... 25
7.01

Supervision and Superintendence ....................................................................................... 25

7.02

Labor; Working Hours .......................................................................................................... 26

7.03

Services, Materials, and Equipment..................................................................................... 26

7.04

“Or Equals” ........................................................................................................................... 26

7.05

Substitutes ........................................................................................................................... 27

7.06

Concerning Subcontractors, Suppliers, and Others ............................................................. 29

7.07

Patent Fees and Royalties .................................................................................................... 30

7.08

Permits ................................................................................................................................. 31

7.09

Taxes .................................................................................................................................... 31

7.10

Laws and Regulations ........................................................................................................... 31

7.11

Record Documents ............................................................................................................... 32

7.12

Safety and Protection........................................................................................................... 32

7.13

Safety Representative .......................................................................................................... 33

7.14

Hazard Communication Programs ....................................................................................... 33

7.15

Emergencies ......................................................................................................................... 33

7.16

Shop Drawings, Samples, and Other Submittals .................................................................. 33

7.17

Contractor’s General Warranty and Guarantee................................................................... 35

7.18

Indemnification .................................................................................................................... 36

7.19

Delegation of Professional Design Services ......................................................................... 37

Article 8 – Other Work at the Site ................................................................................................ 37
8.01

Other Work .......................................................................................................................... 37

8.02

Coordination ........................................................................................................................ 38

8.03

Legal Relationships ............................................................................................................... 38

Article 9 – Owner’s Responsibilities.............................................................................................. 39
9.01

Communications to Contractor............................................................................................ 39
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Standard General Conditions of the Construction Contract. Modified from EJCDC® C-700
Page ii

9.02

Replacement of Engineer ..................................................................................................... 39

9.03

Furnish Data ......................................................................................................................... 39

9.04

Pay When Due ...................................................................................................................... 39

9.05

Lands and Easements; Reports, Tests, and Drawings .......................................................... 39

9.06

Insurance .............................................................................................................................. 40

9.07

Change Orders...................................................................................................................... 40

9.08

Inspections, Tests, and Approvals ........................................................................................ 40

9.09

Limitations on Owner’s Responsibilities .............................................................................. 40

9.10

Undisclosed Hazardous Environmental Condition ............................................................... 40

9.11

Evidence of Financial Arrangements .................................................................................... 40

9.12

Safety Programs ................................................................................................................... 40

Article 10 – Engineer’s Status During Construction ...................................................................... 40
10.01 Owner’s Representative....................................................................................................... 40
10.02 Visits to Site .......................................................................................................................... 40
10.03 Project Representative ......................................................................................................... 41
10.04 Rejecting Defective Work..................................................................................................... 41
10.05 Shop Drawings, Change Orders and Payments .................................................................... 41
10.06 Determinations for Unit Price Work .................................................................................... 41
10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 41
10.08 Limitations on Engineer’s Authority and Responsibilities.................................................... 41
10.09 Compliance with Safety Program ......................................................................................... 42

Article 11 – Amending the Contract Documents; Changes in the Work ...................................... 42
11.01 Amending and Supplementing Contract Documents .......................................................... 42
11.02 Owner-Authorized Changes in the Work ............................................................................. 43
11.03 Unauthorized Changes in the Work ..................................................................................... 43
11.04 Change of Contract Price ..................................................................................................... 43
11.05 Change of Contract Times .................................................................................................... 44
11.06 Change Proposals ................................................................................................................. 44
11.07 Execution of Change Orders................................................................................................. 45
11.08 Notification to Surety ........................................................................................................... 46

Article 12 – Claims......................................................................................................................... 46
12.01 Claims ................................................................................................................................... 46

Article 13 – Cost of the Work; Allowances; Unit Price Work ........................................................ 47
13.01 Cost of the Work .................................................................................................................. 47
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Page iii

13.02 Allowances ........................................................................................................................... 49
13.03 Unit Price Work .................................................................................................................... 50

Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....... 51
14.01 Access to Work ..................................................................................................................... 51
14.02 Tests, Inspections, and Approvals ........................................................................................ 51
14.03 Defective Work..................................................................................................................... 52
14.04 Acceptance of Defective Work............................................................................................. 52
14.05 Uncovering Work ................................................................................................................. 52
14.06 Owner May Stop the Work .................................................................................................. 53
14.07 Owner May Correct Defective Work .................................................................................... 53

Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period .......................... 54
15.01 Progress Payments ............................................................................................................... 54
15.02 Contractor’s Warranty of Title ............................................................................................. 57
15.03 Substantial Completion ........................................................................................................ 57
15.04 Partial Use or Occupancy ..................................................................................................... 58
15.05 Final Inspection .................................................................................................................... 58
15.06 Final Payment ....................................................................................................................... 58
15.07 Waiver of Claims .................................................................................................................. 60
15.08 Correction Period ................................................................................................................. 60

Article 16 – Suspension of Work and Termination ....................................................................... 61
16.01 Owner May Suspend Work .................................................................................................. 61
16.02 Owner May Terminate for Cause ......................................................................................... 61
16.03 Owner May Terminate For Convenience ............................................................................. 62
16.04 Contractor May Stop Work or Terminate ............................................................................ 62

Article 17 – Final Resolution of Disputes ...................................................................................... 63
17.01 Methods and Procedures ..................................................................................................... 63

Article 18 – Miscellaneous ............................................................................................................ 63
18.01 Giving Notice ........................................................................................................................ 63
18.02 Computation of Times.......................................................................................................... 63
18.03 Cumulative Remedies .......................................................................................................... 63
18.04 Limitation of Damages ......................................................................................................... 64
18.05 No Waiver ............................................................................................................................ 64
18.06 Survival of Obligations ......................................................................................................... 64
18.07 Controlling Law .................................................................................................................... 64
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Page iv

18.08 Headings ............................................................................................................................... 64

Notice to Bidders:

These Standard General Conditions are based substantially on EJCDC C-700 and have been modified to
accommodate the Federal Aviation Administration’s federal funding requirements for the project.
Please refer to the Supplementary Conditions, C-800, for further clarification on modifications to the
general conditions.

Booth Bailey Field, Eureka County 05U
Standard General Conditions of the Construction Contract. Modified from EJCDC® C-700
Page v

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01

Defined Terms
A.

Wherever used in the Bidding Requirements or Contract Documents, a term printed with
initial capital letters, including the term’s singular and plural forms, will have the meaning
indicated in the definitions below. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
1.

Addenda—Written or graphic instruments issued prior to the opening of Bids which
clarify, correct, or change the Bidding Requirements or the proposed Contract
Documents.

2.

Agreement—The written instrument, executed by Owner and Contractor, that sets forth
the Contract Price and Contract Times, identifies the parties and the Engineer, and
designates the specific items that are Contract Documents.

3.

Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Contract Documents.

4.

Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for
the Work to be performed.

5.

Bidder—An individual or entity that submits a Bid to Owner.

6.

Bidding Documents—The Bidding Requirements, the proposed Contract Documents,
and all Addenda.

7.

Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders,
Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8.

Change Order—A document which is signed by Contractor and Owner and authorizes
an addition, deletion, or revision in the Work or an adjustment in the Contract Price or
the Contract Times, or other revision to the Contract, issued on or after the Effective
Date of the Contract.

9.

Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth herein, seeking an adjustment in Contract Price
or Contract Times, or both; contesting an initial decision by Engineer concerning the
requirements of the Contract Documents or the acceptability of Work under the
Contract Documents; challenging a set-off against payments due; or seeking other relief
with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in
compliance with the procedural requirements set forth herein: seeking an adjustment
of Contract Price or Contract Times, or both; contesting an initial decision by Engineer
concerning the requirements of the Contract Documents or the acceptability of Work
under the Contract Documents; contesting Engineer’s decision regarding a Change
Proposal; seeking resolution of a contractual issue that Engineer has declined to
address; or seeking other relief with respect to the terms of the Contract; or (b) a
demand or assertion by Contractor directly to Owner, duly submitted in compliance
with the procedural requirements set forth herein, contesting Engineer’s decision
Booth Bailey Field, Eureka County 05U
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Page 1 of 64

regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer
has declined to address. A demand for money or services by a third party is not a Claim.
11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other
material of any nature whatsoever that is or becomes listed, regulated, or addressed
pursuant to (a) the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials
Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act,
15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean
Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law,
rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or
imposing liability or standards of conduct concerning, any hazardous, toxic, or
dangerous waste, substance, or material.
12. Contract—The entire and integrated written contract between the Owner and
Contractor concerning the Work.
13. Contract Documents—Those items so designated in the Agreement, and which together
comprise the Contract.
14. Contract Price—The money that Owner has agreed to pay Contractor for completion of
the Work in accordance with the Contract Documents. .
15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve
Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
16. Contractor—The individual or entity with which Owner has contracted for performance
of the Work.
17. Cost of the Work—See Paragraph 13.01 for definition.
18. Drawings—The part of the Contract that graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
19. Effective Date of the Contract—The date, indicated in the Agreement, on which the
Contract becomes effective.
20. Engineer—The individual or entity named as such in the Agreement.
21. Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Contract Price or the Contract Times.
22. Hazardous Environmental Condition—The presence at the Site of Constituents of
Concern in such quantities or circumstances that may present a danger to persons or
property exposed thereto. The presence at the Site of materials that are necessary for
the execution of the Work, or that are to be incorporated in the Work, and that are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract, does not establish a Hazardous Environmental Condition.
23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real
property, or personal property.
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25. Milestone—A principal event in the performance of the Work that the Contract requires
Contractor to achieve by an intermediate completion date or by a time prior to
Substantial Completion of all the Work.
26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of
the Bid.
27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform
the Work.
28. Owner—The individual or entity with which Contractor has contracted regarding the
Work, and which has agreed to pay Contractor for the performance of the Work,
pursuant to the terms of the Contract.
29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor’s plan to accomplish
the Work within the Contract Times.
30. Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the Work to be performed under the Contract Documents is a
part.
31. Project Manual—The written documents prepared for, or made available for, procuring
and constructing the Work, including but not limited to the Bidding Documents or other
construction procurement documents, geotechnical and existing conditions
information, the Agreement, bond forms, General Conditions, Supplementary
Conditions, and Specifications. The contents of the Project Manual may be bound in one
or more volumes.
32. Resident Project Representative—The authorized representative of Engineer assigned
to assist Engineer at the Site. As used herein, the term Resident Project Representative
or “RPR” includes any assistants or field staff of Resident Project Representative.
33. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements for Engineer’s review of the submittals
and the performance of related construction activities.
35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
reviewing Contractor’s Applications for Payment.
36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings,
whether approved or not, are not Drawings and are not Contract Documents.
37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed, including rights-of-way and easements, and
such other lands furnished by Owner which are designated for the use of Contractor.

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38. Specifications—The part of the Contract that consists of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work,
and certain administrative requirements and procedural matters applicable to the
Work.
39. Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
40. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that
the Work (or a specified part thereof) can be utilized for the purposes for which it is
intended. The terms “substantially complete” and “substantially completed” as applied
to all or part of the Work refer to Substantial Completion thereof.
41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner
makes an award of contract, subject to stated conditions.
42. Supplementary Conditions—The part of the Contract that amends or supplements these
General Conditions.
43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials
or equipment to be incorporated in the Work by Contractor or a Subcontractor.
44. Technical Data—Those items expressly identified as Technical Data in the
Supplementary Conditions, with respect to either (a) subsurface conditions at the Site,
or physical conditions relating to existing surface or subsurface structures at the Site
(except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site.
If no such express identifications of Technical Data have been made with respect to
conditions at the Site, then the data contained in boring logs, recorded measurements
of subsurface water levels, laboratory test results, and other factual, objective
information regarding conditions at the Site that are set forth in any geotechnical or
environmental report prepared for the Project and made available to Contractor are
hereby defined as Technical Data with respect to conditions at the Site under
Paragraphs 5.03, 5.04, and 5.06.
45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to those that convey
electricity, gases, steam, liquid petroleum products, telephone or other
communications, fiber optic transmissions, cable television, water, wastewater, storm
water, other liquids or chemicals, or traffic or other control systems.
46. Unit Price Work—Work to be paid for on the basis of unit prices.
47. Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the result
of performing or providing all labor, services, and documentation necessary to produce
such construction; furnishing, installing, and incorporating all materials and equipment
into such construction; and may include related services such as testing, start-up, and
commissioning, all as required by the Contract Documents.
48. Work Change Directive—A written directive to Contractor issued on or after the
Effective Date of the Contract, signed by Owner and recommended by Engineer,
ordering an addition, deletion, or revision in the Work.
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1.02

Terminology
A.

The words and terms discussed in the following paragraphs are not defined but, when used
in the Bidding Requirements or Contract Documents, have the indicated meaning.

B.

Intent of Certain Terms or Adjectives:
1.

C.

Day:
1.

D.

The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.

Defective:
1.

E.

The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,”
“as directed” or terms of like effect or import to authorize an exercise of professional
judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,”
“acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to
describe an action or determination of Engineer as to the Work. It is intended that such
exercise of professional judgment, action, or determination will be solely to evaluate, in
general, the Work for compliance with the information in the Contract Documents and
with the design concept of the Project as a functioning whole as shown or indicated in
the Contract Documents (unless there is a specific statement indicating otherwise). The
use of any such term or adjective is not intended to and shall not be effective to assign
to Engineer any duty or authority to supervise or direct the performance of the Work,
or any duty or authority to undertake responsibility contrary to the provisions of Article
10 or any other provision of the Contract Documents.

The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a.

does not conform to the Contract Documents; or

b.

does not meet the requirements of any applicable inspection, reference standard,
test, or approval referred to in the Contract Documents; or

c.

has been damaged prior to Engineer’s recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 15.03 or 15.04).

Furnish, Install, Perform, Provide:
1.

The word “furnish,” when used in connection with services, materials, or equipment,
shall mean to supply and deliver said services, materials, or equipment to the Site (or
some other specified location) ready for use or installation and in usable or operable
condition.

2.

The word “install,” when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or equipment
complete and ready for intended use.

3.

The words “perform” or “provide,” when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment
complete and ready for intended use.

4.

If the Contract Documents establish an obligation of Contractor with respect to specific
services, materials, or equipment, but do not expressly use any of the four words

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“furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install
said services, materials, or equipment complete and ready for intended use.
F.

Unless stated otherwise in the Contract Documents, words or phrases that have a wellknown technical or construction industry or trade meaning are used in the Contract
Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS
2.01

2.02

2.03

Delivery of Bonds and Evidence of Insurance
A.

Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner,
Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B.

Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of
the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named
insured and additional insured (as identified in the Supplementary Conditions or elsewhere
in the Contract), the certificates and other evidence of insurance required to be provided by
Contractor in accordance with Article 6.

C.

Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement
and all required bonds and insurance documentation, Owner shall promptly deliver to
Contractor, with copies to each named insured and additional insured (as identified in the
Supplementary Conditions or otherwise), the certificates and other evidence of insurance
required to be provided by Owner under Article 6.

Copies of Documents
A.

Owner shall furnish to Contractor four printed copies of the Contract (including one fully
executed counterpart of the Agreement), and one copy in electronic portable document
format (PDF). Additional printed copies will be furnished upon request at the cost of
reproduction.

B.

Owner shall maintain and safeguard at least one original printed record version of the
Contract, including Drawings and Specifications signed and sealed by Engineer and other
design professionals. Owner shall make such original printed record version of the Contract
available to Contractor for review. Owner may delegate the responsibilities under this
provision to Engineer.

Before Starting Construction
A.

Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as
otherwise specifically required by the Contract Documents), Contractor shall submit to
Engineer for timely review:
1.

a preliminary Progress Schedule indicating the times (numbers of days or dates) for
starting and completing the various stages of the Work, including any Milestones
specified in the Contract;

2.

a preliminary Schedule of Submittals; and

3.

a preliminary Schedule of Values for all of the Work which includes quantities and prices
of items which when added together equal the Contract Price and subdivides the Work
into component parts in sufficient detail to serve as the basis for progress payments
during performance of the Work. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work.
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2.04

2.05

Preconstruction Conference; Designation of Authorized Representatives
A.

Before any Work at the Site is started, a conference attended by Owner, Contractor,
Engineer, and others as appropriate will be held to establish a working understanding among
the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A,
procedures for handling Shop Drawings, Samples, and other submittals, processing
Applications for Payment, electronic or digital transmittals, and maintaining required
records.

B.

At this conference Owner and Contractor each shall designate, in writing, a specific individual
to act as its authorized representative with respect to the services and responsibilities under
the Contract. Such individuals shall have the authority to transmit and receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective
party.

Initial Acceptance of Schedules
A.

2.06

At least 10 days before submission of the first Application for Payment a conference,
attended by Contractor, Engineer, and others as appropriate, will be held to review for
acceptability to Engineer as provided below the schedules submitted in accordance with
Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and
adjustments and to complete and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are submitted to Engineer.
1.

The Progress Schedule will be acceptable to Engineer if it provides an orderly
progression of the Work to completion within the Contract Times. Such acceptance will
not impose on Engineer responsibility for the Progress Schedule, for sequencing,
scheduling, or progress of the Work, nor interfere with or relieve Contractor from
Contractor’s full responsibility therefor.

2.

Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a
workable arrangement for reviewing and processing the required submittals.

3.

Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance
if it provides a reasonable allocation of the Contract Price to the component parts of the
Work.

Electronic Transmittals
A.

Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor
may transmit, and shall accept, Project-related correspondence, text, data, documents,
drawings, information, and graphics, including but not limited to Shop Drawings and other
submittals, in electronic media or digital format, either directly, or through access to a secure
Project website.

B.

If the Contract does not establish protocols for electronic or digital transmittals, then Owner,
Engineer, and Contractor shall jointly develop such protocols.

C.

When transmitting items in electronic media or digital format, the transmitting party makes
no representations as to long term compatibility, usability, or readability of the items
resulting from the recipient’s use of software application packages, operating systems, or
computer hardware differing from those used in the drafting or transmittal of the items, or
from those established in applicable transmittal protocols.

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ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01

3.02

Intent
A.

The Contract Documents are complementary; what is required by one is as binding as if
required by all.

B.

It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents.

C.

Unless otherwise stated in the Contract Documents, if there is a discrepancy between the
electronic or digital versions of the Contract Documents (including any printed copies derived
from such electronic or digital versions) and the printed record version, the printed record
version shall govern.

D.

The Contract supersedes prior negotiations, representations, and agreements, whether
written or oral.

E.

Engineer will issue clarifications and interpretations of the Contract Documents as provided
herein.

Reference Standards
A.

3.03

Standards Specifications, Codes, Laws and Regulations
1.

Reference in the Contract Documents to standard specifications, manuals, reference
standards, or codes of any technical society, organization, or association, or to Laws or
Regulations, whether such reference be specific or by implication, shall mean the
standard specification, manual, reference standard, code, or Laws or Regulations in
effect at the time of opening of Bids (or on the Effective Date of the Contract if there
were no Bids), except as may be otherwise specifically stated in the Contract
Documents.

2.

No provision of any such standard specification, manual, reference standard, or code,
or any instruction of a Supplier, shall be effective to change the duties or responsibilities
of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents,
or employees, from those set forth in the part of the Contract Documents prepared by
or for Engineer. No such provision or instruction shall be effective to assign to Owner,
Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the
performance of the Work or any duty or authority to undertake responsibility
inconsistent with the provisions of the part of the Contract Documents prepared by or
for Engineer.

Reporting and Resolving Discrepancies
A.

Reporting Discrepancies:
1.

Contractor’s Verification of Figures and Field Measurements: Before undertaking each
part of the Work, Contractor shall carefully study the Contract Documents, and check
and verify pertinent figures and dimensions therein, particularly with respect to
applicable field measurements. Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual
knowledge of, and shall not proceed with any Work affected thereby until the conflict,
error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by
Engineer, or by an amendment or supplement to the Contract Documents issued
pursuant to Paragraph 11.01.
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B.

2.

Contractor’s Review of Contract Documents: If, before or during the performance of the
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the
Contract Documents, or between the Contract Documents and (a) any applicable Law
or Regulation, (b) actual field conditions, (c) any standard specification, manual,
reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall
promptly report it to Engineer in writing. Contractor shall not proceed with the Work
affected thereby (except in an emergency as required by Paragraph 7.15) until the
conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation
by Engineer, or by an amendment or supplement to the Contract Documents issued
pursuant to Paragraph 11.01.

3.

Contractor shall not be liable to Owner or Engineer for failure to report any conflict,
error, ambiguity, or discrepancy in the Contract Documents unless Contractor had
actual knowledge thereof.

Resolving Discrepancies:
1.

3.04

Except as may be otherwise specifically stated in the Contract Documents, the
provisions of the part of the Contract Documents prepared by or for Engineer shall take
precedence in resolving any conflict, error, ambiguity, or discrepancy between such
provisions of the Contract Documents and:
a.

the provisions of any standard specification, manual, reference standard, or code,
or the instruction of any Supplier (whether or not specifically incorporated by
reference as a Contract Document); or

b.

the provisions of any Laws or Regulations applicable to the performance of the
Work (unless such an interpretation of the provisions of the Contract Documents
would result in violation of such Law or Regulation).

Requirements of the Contract Documents
A.

During the performance of the Work and until final payment, Contractor and Owner shall
submit to the Engineer all matters in question concerning the requirements of the Contract
Documents (sometimes referred to as requests for information or interpretation—RFIs), or
relating to the acceptability of the Work under the Contract Documents, as soon as possible
after such matters arise. Engineer will be the initial interpreter of the requirements of the
Contract Documents, and judge of the acceptability of the Work thereunder.

B.

Engineer will, with reasonable promptness, render a written clarification, interpretation, or
decision on the issue submitted, or initiate an amendment or supplement to the Contract
Documents. Engineer’s written clarification, interpretation, or decision will be final and
binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner,
unless it appeals by filing a Claim.

C.

If a submitted matter in question concerns terms and conditions of the Contract Documents
that do not involve (1) the performance or acceptability of the Work under the Contract
Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3)
other engineering or technical matters, then Engineer will promptly give written notice to
Owner and Contractor that Engineer is unable to provide a decision or interpretation. If
Owner and Contractor are unable to agree on resolution of such a matter in question, either
party may pursue resolution as provided in Article 12.

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3.05

Reuse of Documents
A.

B.

Contractor and its Subcontractors and Suppliers shall not:
1.

have or acquire any title to or ownership rights in any of the Drawings, Specifications,
or other documents (or copies of any thereof) prepared by or bearing the seal of
Engineer or its consultants, including electronic media editions, or reuse any such
Drawings, Specifications, other documents, or copies thereof on extensions of the
Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer; or

2.

have or acquire any title or ownership rights in any other Contract Documents, reuse
any such Contract Documents for any purpose without Owner’s express written
consent, or violate any copyrights pertaining to such Contract Documents.

The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK
4.01

Commencement of Contract Times; Notice to Proceed
A.

4.02

Starting the Work
A.

4.03

Contractor shall start to perform the Work on the date when the Contract Times commence
to run. No Work shall be done at the Site prior to such date.

Reference Points
A.

4.04

The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Contract. In no event will the Contract Times commence to run later than the sixtieth day
after the day of Bid opening or the thirtieth day after the Effective Date of the Contract,
whichever date is earlier.

Owner shall provide engineering surveys to establish reference points for construction which
in Engineer’s judgment are necessary to enable Contractor to proceed with the Work.
Contractor shall be responsible for laying out the Work, shall protect and preserve the
established reference points and property monuments, and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to Engineer
whenever any reference point or property monument is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for
the accurate replacement or relocation of such reference points or property monuments by
professionally qualified personnel.

Progress Schedule
A.

Contractor shall adhere to the Progress Schedule established in accordance with Paragraph
2.05 as it may be adjusted from time to time as provided below.
1.

Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph
2.05) proposed adjustments in the Progress Schedule that will not result in changing the
Contract Times.

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2.
B.

4.05

Proposed adjustments in the Progress Schedule that will change the Contract Times
shall be submitted in accordance with the requirements of Article 11.

Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes
or disagreements with Owner. No Work shall be delayed or postponed pending resolution of
any disputes or disagreements, or during any appeal process, except as permitted by
Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

Delays in Contractor’s Progress
A.

If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to
an adjustment of the Contract Times is conditioned on such adjustment being essential to
Contractor’s ability to complete the Work within the Contract Times.

B.

Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for
delay, disruption, or interference caused by or within the control of Contractor. Delay,
disruption, and interference attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be within the control of Contractor.

C.

If Contractor’s performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those
for which they are responsible, then Contractor shall be entitled to an equitable adjustment
in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to Contractor’s ability to complete the Work
within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive
remedy for the delays, disruption, and interference described in this paragraph. Causes of
delay, disruption, or interference that may give rise to an adjustment in Contract Times under
this paragraph include but are not limited to the following:
1.

severe and unavoidable natural catastrophes such as fires, floods, epidemics, and
earthquakes;

2.

abnormal weather conditions;

3.

acts or failures to act of utility owners (other than those performing other work at or
adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4.

acts of war or terrorism.

D.

Delays, disruption, and interference to the performance or progress of the Work resulting
from the existence of a differing subsurface or physical condition, an Underground Facility
that was not shown or indicated by the Contract Documents, or not shown or indicated with
reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are
governed by Article 5.

E.

Paragraph 8.03 governs delays, disruption, and interference to the performance or progress
of the Work resulting from the performance of certain other work at or adjacent to the Site.

F.

Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any
delay, disruption, or interference if such delay is concurrent with a delay, disruption, or
interference caused by or within the control of Contractor.

G.

Contractor must submit any Change Proposal seeking an adjustment in Contract Price or
Contract Times under this paragraph within 30 days of the commencement of the delaying,
disrupting, or interfering event.
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ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01

5.02

Availability of Lands
A.

Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
Contractor must comply in performing the Work.

B.

Upon reasonable written request, Owner shall furnish Contractor with a current statement
of record legal title and legal description of the lands upon which permanent improvements
are to be made and Owner’s interest therein as necessary for giving notice of or filing a
mechanic’s or construction lien against such lands in accordance with applicable Laws and
Regulations.

C.

Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.

Use of Site and Other Areas
A.

B.

Limitation on Use of Site and Other Areas:
1.

Contractor shall confine construction equipment, temporary construction facilities, the
storage of materials and equipment, and the operations of workers to the Site, adjacent
areas that Contractor has arranged to use through construction easements or
otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and such other adjacent areas with construction
equipment or other materials or equipment. Contractor shall assume full responsibility
for (a) damage to the Site; (b) damage to any such other adjacent areas used for
Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for
injuries and losses sustained by the owners or occupants of any such land or areas;
provided that such damage or injuries result from the performance of the Work or from
other actions or conduct of the Contractor or those for which Contractor is responsible.

2.

If a damage or injury claim is made by the owner or occupant of any such land or area
because of the performance of the Work, or because of other actions or conduct of the
Contractor or those for which Contractor is responsible, Contractor shall (a) take
immediate corrective or remedial action as required by Paragraph 7.12, or otherwise;
(b) promptly attempt to settle the claim as to all parties through negotiations with such
owner or occupant, or otherwise resolve the claim by arbitration or other dispute
resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless Owner and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of
each and any of them from and against any such claim, and against all costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner, Engineer, or any other party
indemnified hereunder to the extent caused directly or indirectly, in whole or in part by,
or based upon, Contractor’s performance of the Work, or because of other actions or
conduct of the Contractor or those for which Contractor is responsible.

Removal of Debris During Performance of the Work: During the progress of the Work the
Contractor shall keep the Site and other adjacent areas free from accumulations of waste
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materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish,
and other debris shall conform to applicable Laws and Regulations.

5.03

C.

Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor
shall remove from the Site and adjacent areas all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.

D.

Loading of Structures: Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any part
of the Work or adjacent structures or land to stresses or pressures that will endanger them.

Subsurface and Physical Conditions
A.

B.

5.04

Reports and Drawings: The Supplementary Conditions identify:
1.

those reports known to Owner of explorations and tests of subsurface conditions at or
adjacent to the Site;

2.

those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities); and

3.

Technical Data contained in such reports and drawings.

Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy
of the Technical Data expressly identified in the Supplementary Conditions with respect to
such reports and drawings, but such reports and drawings are not Contract Documents. If no
such express identification has been made, then Contractor may rely upon the accuracy of
the Technical Data (as defined in Article 1) contained in any geotechnical or environmental
report prepared for the Project and made available to Contractor. Except for such reliance
on Technical Data, Contractor may not rely upon or make any claim against Owner or
Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, with respect to:
1.

the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto; or

2.

other data, interpretations, opinions, and information contained in such reports or
shown or indicated in such drawings; or

3.

any Contractor interpretation of or conclusion drawn from any Technical Data or any
such other data, interpretations, opinions, or information.

Differing Subsurface or Physical Conditions
A.

Notice by Contractor: If Contractor believes that any subsurface or physical condition that is
uncovered or revealed at the Site either:
1.

is of such a nature as to establish that any Technical Data on which Contractor is entitled
to rely as provided in Paragraph 5.03 is materially inaccurate; or

2.

is of such a nature as to require a change in the Drawings or Specifications; or

3.

differs materially from that shown or indicated in the Contract Documents; or

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4.

is of an unusual nature, and differs materially from conditions ordinarily encountered
and generally recognized as inherent in work of the character provided for in the
Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing
the subsurface or physical conditions or performing any Work in connection therewith
(except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in
writing about such condition. Contractor shall not further disturb such condition or perform
any Work in connection therewith (except with respect to an emergency) until receipt of a
written statement permitting Contractor to do so.
B.

Engineer’s Review: After receipt of written notice as required by the preceding paragraph,
Engineer will promptly review the subsurface or physical condition in question; determine
the necessity of Owner’s obtaining additional exploration or tests with respect to the
condition; conclude whether the condition falls within any one or more of the differing site
condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule
information from Contractor; prepare recommendations to Owner regarding the
Contractor’s resumption of Work in connection with the subsurface or physical condition in
question and the need for any change in the Drawings or Specifications; and advise Owner
in writing of Engineer’s findings, conclusions, and recommendations.

C.

Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s
written findings, conclusions, and recommendations, Owner shall issue a written statement
to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in
question, addressing the resumption of Work in connection with such condition, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D.

Possible Price and Times Adjustments:
1.

2.

Contractor shall be entitled to an equitable adjustment in Contract Price or Contract
Times, or both, to the extent that the existence of a differing subsurface or physical
condition, or any related delay, disruption, or interference, causes an increase or
decrease in Contractor’s cost of, or time required for, performance of the Work; subject,
however, to the following:
a.

such condition must fall within any one or more of the categories described in
Paragraph 5.04.A;

b.

with respect to Work that is paid for on a unit price basis, any adjustment in
Contract Price will be subject to the provisions of Paragraph 13.03; and,

c.

Contractor’s entitlement to an adjustment of the Contract Times is conditioned on
such adjustment being essential to Contractor’s ability to complete the Work
within the Contract Times.

Contractor shall not be entitled to any adjustment in the Contract Price or Contract
Times with respect to a subsurface or physical condition if:
a.

Contractor knew of the existence of such condition at the time Contractor made a
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract, or otherwise;
or

b.

the existence of such condition reasonably could have been discovered or revealed
as a result of any examination, investigation, exploration, test, or study of the Site
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and contiguous areas expressly required by the Bidding Requirements or Contract
Documents to be conducted by or for Contractor prior to Contractor’s making such
commitment; or
c.

5.05

Contractor failed to give the written notice as required by Paragraph 5.04.A.

3.

If Owner and Contractor agree regarding Contractor’s entitlement to and the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, then any
such adjustment shall be set forth in a Change Order.

4.

Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, or both, no later than
30 days after Owner’s issuance of the Owner’s written statement to Contractor
regarding the subsurface or physical condition in question.

Underground Facilities
A.

Contractor’s Responsibilities: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or adjacent to the Site is based
on information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1.

Owner and Engineer do not warrant or guarantee the accuracy or completeness of any
such information or data provided by others; and

2.

the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a.

reviewing and checking all information and data regarding existing Underground
Facilities at the Site;

b.

locating all Underground Facilities shown or indicated in the Contract Documents
as being at the Site;

c.

coordination of the Work with the owners (including Owner) of such Underground
Facilities, during construction; and

d.

the safety and protection of all existing Underground Facilities at the Site, and
repairing any damage thereto resulting from the Work.

B.

Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered
or revealed at the Site was not shown or indicated in the Contract Documents, or was not
shown or indicated with reasonable accuracy, then Contractor shall, promptly after
becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by
Paragraph 7.15), identify the owner of such Underground Facility and give written notice to
that owner and to Owner and Engineer.

C.

Engineer’s Review: Engineer will promptly review the Underground Facility and conclude
whether such Underground Facility was not shown or indicated in the Contract Documents,
or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or
schedule information from Contractor; prepare recommendations to Owner regarding the
Contractor’s resumption of Work in connection with the Underground Facility in question;
determine the extent, if any, to which a change is required in the Drawings or Specifications
to reflect and document the consequences of the existence or location of the Underground
Facility; and advise Owner in writing
of Engineer’s findings, conclusions, and
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recommendations. During such time, Contractor shall be responsible for the safety and
protection of such Underground Facility.
D.

Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s
written findings, conclusions, and recommendations, Owner shall issue a written statement
to Contractor (with a copy to Engineer) regarding the Underground Facility in question,
addressing the resumption of Work in connection with such Underground Facility, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations in whole or in part.

E.

Possible Price and Times Adjustments:
1.

5.06

Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract
Times, or both, to the extent that any existing Underground Facility at the Site that was
not shown or indicated in the Contract Documents, or was not shown or indicated with
reasonable accuracy, or any related delay, disruption, or interference, causes an
increase or decrease in Contractor’s cost of, or time required for, performance of the
Work; subject, however, to the following:
a.

Contractor did not know of and could not reasonably have been expected to be
aware of or to have anticipated the existence or actual location of the Underground
Facility in question;

b.

With respect to Work that is paid for on a unit price basis, any adjustment in
Contract Price will be subject to the provisions of Paragraph 13.03;

c.

Contractor’s entitlement to an adjustment of the Contract Times is conditioned on
such adjustment being essential to Contractor’s ability to complete the Work
within the Contract Times; and

d.

Contractor gave the notice required in Paragraph 5.05.B.

2.

If Owner and Contractor agree regarding Contractor’s entitlement to and the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, then any
such adjustment shall be set forth in a Change Order.

3.

Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, or both, no later than
30 days after Owner’s issuance of the Owner’s written statement to Contractor
regarding the Underground Facility in question.

Hazardous Environmental Conditions at Site
A.

B.

Reports and Drawings: The Supplementary Conditions identify:
1.

those reports and drawings known to Owner relating to Hazardous Environmental
Conditions that have been identified at or adjacent to the Site; and

2.

Technical Data contained in such reports and drawings.

Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy
of the Technical Data expressly identified in the Supplementary Conditions with respect to
such reports and drawings, but such reports and drawings are not Contract Documents. If no
such express identification has been made, then Contractor may rely on the accuracy of the
Technical Data (as defined in Article 1) contained in any geotechnical or environmental report
prepared for the Project and made available to Contractor. Except for such reliance on
Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer,
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or any of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors with respect to:
1.

the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences and
procedures of construction to be employed by Contractor and safety precautions and
programs incident thereto; or

2.

other data, interpretations, opinions and information contained in such reports or
shown or indicated in such drawings; or

3.

any Contractor interpretation of or conclusion drawn from any Technical Data or any
such other data, interpretations, opinions or information.

C.

Contractor shall not be responsible for removing or remediating any Hazardous
Environmental Condition encountered, uncovered, or revealed at the Site unless such
removal or remediation is expressly identified in the Contract Documents to be within the
scope of the Work.

D.

Contractor shall be responsible for controlling, containing, and duly removing all
Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or
anyone else for whom Contractor is responsible, and for any associated costs; and for the
costs of removing and remediating any Hazardous Environmental Condition created by the
presence of any such Constituents of Concern.

E.

If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose
removal or remediation is not expressly identified in the Contract Documents as being within
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates
a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or
otherwise isolate such condition; (2) stop all Work in connection with such condition and in
any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3)
notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner
shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified
expert to evaluate such condition or take corrective action, if any. Promptly after consulting
with Engineer, Owner shall take such actions as are necessary to permit Owner to timely
obtain required permits and provide Contractor the written notice required by Paragraph
5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous
Environmental Condition in question, then Owner may remove and remediate the Hazardous
Environmental Condition, and impose a set-off against payments to account for the
associated costs.

F.

Contractor shall not resume Work in connection with such Hazardous Environmental
Condition or in any affected area until after Owner has obtained any required permits related
thereto, and delivered written notice to Contractor either (1) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (2)
specifying any special conditions under which such Work may be resumed safely.

G.

If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if
any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work
stoppage or such special conditions under which Work is agreed to be resumed by
Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work,
Contractor may submit a Change Proposal, or Owner may impose a set-off.

H.

If after receipt of such written notice Contractor does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
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conditions, then Owner may order the portion of the Work that is in the area affected by
such condition to be deleted from the Work, following the contractual change procedures in
Article 11. Owner may have such deleted portion of the Work performed by Owner’s own
forces or others in accordance with Article 8.
I.

To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous Environmental Condition (1) was
not shown or indicated in the Drawings, Specifications, or other Contract Documents,
identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or
identified in the Contract Documents to be included within the scope of the Work, and (2)
was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in
this Paragraph 5.06.I shall obligate Owner to indemnify any individual or entity from and
against the consequences of that individual’s or entity’s own negligence.

J.

To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the failure to control, contain, or remove a
Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor
is responsible, or to a Hazardous Environmental Condition created by Contractor or by
anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate
Contractor to indemnify any individual or entity from and against the consequences of that
individual’s or entity’s own negligence.

K.

The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of
Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed
at the Site.

ARTICLE 6 – BONDS AND INSURANCE
6.01

Performance, Payment, and Other Bonds
A.

Contractor shall furnish a performance bond and a payment bond, each in an amount at least
equal to the Contract Price, as security for the faithful performance and payment of all of
Contractor’s obligations under the Contract. These bonds shall remain in effect until one year
after the date when final payment becomes due or until completion of the correction period
specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or
Regulations, the Supplementary Conditions, or other specific provisions of the Contract.
Contractor shall also furnish such other bonds as are required by the Supplementary
Conditions or other specific provisions of the Contract.

B.

All bonds shall be in the form prescribed by the Contract except as provided otherwise by
Laws or Regulations, and shall be executed by such sureties as are named in “Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the
Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond
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signed by an agent or attorney-in-fact must be accompanied by a certified copy of that
individual’s authority to bind the surety. The evidence of authority shall show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.

6.02

C.

Contractor shall obtain the required bonds from surety companies that are duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds in the required
amounts.

D.

If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent,
or its right to do business is terminated in any state or jurisdiction where any part of the
Project is located, or the surety ceases to meet the requirements above, then Contractor
shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise
to such notification, provide another bond and surety, both of which shall comply with the
bond and surety requirements above.

E.

If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from
the Site and exercise Owner’s termination rights under Article 16.

F.

Upon request, Owner shall provide a copy of the payment bond to any Subcontractor,
Supplier, or other person or entity claiming to have furnished labor or materials used in the
performance of the Work.

Insurance—General Provisions
A.

Owner and Contractor shall obtain and maintain insurance as required in this Article and in
the Supplementary Conditions.

B.

All insurance required by the Contract to be purchased and maintained by Owner or
Contractor shall be obtained from insurance companies that are duly licensed or authorized,
in the state or jurisdiction in which the Project is located, to issue insurance policies for the
required limits and coverages. Unless a different standard is indicated in the Supplementary
Conditions, all companies that provide insurance policies required under this Contract shall
have an A.M. Best rating of A-VII or better.

C.

Contractor shall deliver to Owner, with copies to each named insured and additional insured
(as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract),
certificates of insurance establishing that Contractor has obtained and is maintaining the
policies, coverages, and endorsements required by the Contract. Upon request by Owner or
any other insured, Contractor shall also furnish other evidence of such required insurance,
including but not limited to copies of policies and endorsements, and documentation of
applicable self-insured retentions and deductibles. Contractor may block out (redact) any
confidential premium or pricing information contained in any policy or endorsement
furnished under this provision.

D.

Owner shall deliver to Contractor, with copies to each named insured and additional insured
(as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract),
certificates of insurance establishing that Owner has obtained and is maintaining the policies,
coverages, and endorsements required of Owner by the Contract (if any). Upon request by
Contractor or any other insured, Owner shall also provide other evidence of such required
insurance (if any), including but not limited to copies of policies and endorsements, and
documentation of applicable self-insured retentions and deductibles. Owner may block out
(redact) any confidential premium or pricing information contained in any policy or
endorsement furnished under this provision.

E.

Failure of Owner or Contractor to demand such certificates or other evidence of the other
party’s full compliance with these insurance requirements, or failure of Owner or Contractor
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to identify a deficiency in compliance from the evidence provided, shall not be construed as
a waiver of the other party’s obligation to obtain and maintain such insurance.

6.03

F.

If either party does not purchase or maintain all of the insurance required of such party by
the Contract, such party shall notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain prior to any change in the
required coverage.

G.

If Contractor has failed to obtain and maintain required insurance, Owner may exclude the
Contractor from the Site, impose an appropriate set-off against payment, and exercise
Owner’s termination rights under Article 16.

H.

Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect to obtain equivalent insurance to protect such other
party’s interests at the expense of the party who was required to provide such coverage, and
the Contract Price shall be adjusted accordingly.

I.

Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor or Contractor’s interests.

J.

The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor’s liability under the indemnities granted to Owner and other individuals and
entities in the Contract.

Contractor’s Insurance
A.

B.

C.

Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and
employer’s liability insurance for:
1.

claims under workers’ compensation, disability benefits, and other similar employee
benefit acts.

2.

United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act
coverage (if applicable).

3.

claims for damages because of bodily injury, occupational sickness or disease, or death
of Contractor’s employees (by stop-gap endorsement in monopolist worker’s
compensation states).

4.

Foreign voluntary worker compensation (if applicable).

Commercial General Liability—Claims Covered: Contractor shall purchase and maintain
commercial general liability insurance, covering all operations by or on behalf of Contractor,
on an occurrence basis, against:
1.

claims for damages because of bodily injury, sickness or disease, or death of any person
other than Contractor’s employees.

2.

claims for damages insured by reasonably available personal injury liability coverage.

3.

claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom.

Commercial General Liability—Form and Content: Contractor’s commercial liability policy
shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form)
and include the following coverages and endorsements:
1.

Products and completed operations coverage:
a.

Such insurance shall be maintained for three years after final payment.
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b.

Contractor shall furnish Owner and each other additional insured (as identified in
the Supplementary Conditions or elsewhere in the Contract) evidence of
continuation of such insurance at final payment and three years thereafter.

2.

Blanket contractual liability coverage, to the extent permitted by law, including but not
limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3.

Broad form property damage coverage.

4.

Severability of interest.

5.

Underground, explosion, and collapse coverage.

6.

Personal injury coverage.

7.

Additional insured endorsements that include both ongoing operations and products
and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG
20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their
equivalent.

8.

For design professional additional insureds, ISO Endorsement CG 20 32 07 04,
“Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named
Insured” or its equivalent.

D.

Automobile liability: Contractor shall purchase and maintain automobile liability insurance
against claims for damages because of bodily injury or death of any person or property
damage arising out of the ownership, maintenance, or use of any motor vehicle. The
automobile liability policy shall be written on an occurrence basis.

E.

Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess
liability insurance written over the underlying employer’s liability, commercial general
liability, and automobile liability insurance described in the paragraphs above. Subject to
industry-standard exclusions, the coverage afforded shall follow form as to each and every
one of the underlying policies.

F.

Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy
covering third-party injury and property damage claims, including clean-up costs, as a result
of pollution conditions arising from Contractor’s operations and completed operations. This
insurance shall be maintained for no less than three years after final completion.

G.

Additional insureds: The Contractor’s commercial general liability, automobile liability,
umbrella or excess, and pollution liability policies shall include and list as additional insureds
Owner and Engineer, and any individuals or entities identified in the Supplementary
Conditions; include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds; and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby (including as applicable those arising from both
ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all
necessary endorsements to support these requirements.

H.

Contractor’s professional liability insurance: If Contractor will provide or furnish professional
services under this Contract, through a delegation of professional design services or
otherwise, then Contractor shall be responsible for purchasing and maintaining applicable
professional liability insurance. This insurance shall provide protection against claims arising
out of performance of professional design or related services, and caused by a negligent
error, omission, or act for which the insured party is legally liable. It shall be maintained
throughout the duration of the Contract and for a minimum of two years after Substantial
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Completion. If such professional design services are performed by a Subcontractor, and not
by Contractor itself, then the requirements of this paragraph may be satisfied through the
purchasing and maintenance of such insurance by such Subcontractor.
I.

J.
6.04

6.05

General provisions: The policies of insurance required by this Paragraph 6.03 shall:
1.

include at least the specific coverages provided in this Article.

2.

be written for not less than the limits of liability provided in this Article and in the
Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3.

contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed, or renewal refused until at least 10 days prior written notice has
been given to Contractor. Within three days of receipt of any such written notice,
Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured
under the policy.

4.

remain in effect at least until final payment (and longer if expressly required in this
Article) and at all times thereafter when Contractor may be correcting, removing, or
replacing defective Work as a warranty or correction obligation, or otherwise, or
returning to the Site to conduct other tasks arising from the Contract Documents.

5.

be appropriate for the Work being performed and provide protection from claims that
may arise out of or result from Contractor’s performance of the Work and Contractor’s
other obligations under the Contract Documents, whether it is to be performed by
Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed
by any of them to perform any of the Work, or by anyone for whose acts any of them
may be liable.

The coverage requirements for specific policies of insurance must be met by such policies,
and not by reference to excess or umbrella insurance provided in other policies.

Owner’s Liability Insurance
A.

In addition to the insurance required to be provided by Contractor under Paragraph 6.03,
Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own
liability insurance as will protect Owner against claims which may arise from operations
under the Contract Documents.

B.

Owner’s liability policies, if any, operate separately and independently from policies required
to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for
any of Contractor’s obligations to the Owner, Engineer, or third parties.

Property Insurance
A.

Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall
purchase and maintain builder’s risk insurance upon the Work on a completed value basis,
in the amount of the full insurable replacement cost thereof (subject to such deductible
amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
1.

include the Owner and Contractor as named insureds, and all Subcontractors, and any
individuals or entities required by the Supplementary Conditions to be insured under
such builder’s risk policy, as insureds or named insureds. For purposes of the remainder
of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary
Conditions, the parties required to be insured shall collectively be referred to as
“insureds.”
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2.

be written on a builder’s risk “all risk” policy form that shall at least include insurance
for physical loss or damage to the Work, temporary buildings, falsework, and materials
and equipment in transit, and shall insure against at least the following perils or causes
of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact;
aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler
explosion, and artificially generated electric current; earthquake; volcanic activity, and
other earth movement; flood; collapse; explosion; debris removal; demolition
occasioned by enforcement of Laws and Regulations; water damage (other than that
caused by flood); and such other perils or causes of loss as may be specifically required
by the Supplementary Conditions. If insurance against mechanical breakdown, boiler
explosion, and artificially generated electric current; earthquake; volcanic activity, and
other earth movement; or flood, are not commercially available under builder’s risk
policies, by endorsement or otherwise, such insurance may be provided through other
insurance policies acceptable to Owner and Contractor.

3.

cover, as insured property, at least the following: (a) the Work and all materials,
supplies, machinery, apparatus, equipment, fixtures, and other property of a similar
nature that are to be incorporated into or used in the preparation, fabrication,
construction, erection, or completion of the Work, including Owner-furnished or
assigned property; (b) spare parts inventory required within the scope of the Contract;
and (c) temporary works which are not intended to form part of the permanent
constructed Work but which are intended to provide working access to the Site, or to
the Work under construction, or which are intended to provide temporary support for
the Work under construction, including scaffolding, form work, fences, shoring,
falsework, and temporary structures.

4.

cover expenses incurred in the repair or replacement of any insured property (including
but not limited to fees and charges of engineers and architects).

5.

extend to cover damage or loss to insured property while in temporary storage at the
Site or in a storage location outside the Site (but not including property stored at the
premises of a manufacturer or Supplier).

6.

extend to cover damage or loss to insured property while in transit.

7.

allow for partial occupation or use of the Work by Owner, such that those portions of
the Work that are not yet occupied or used by Owner shall remain covered by the
builder’s risk insurance.

8.

allow for the waiver of the insurer’s subrogation rights, as set forth below.

9.

provide primary coverage for all losses and damages caused by the perils or causes of
loss covered.

10. not include a co-insurance clause.
11. include an exception for ensuing losses from physical damage or loss with respect to
any defective workmanship, design, or materials exclusions.
12. include performance/hot testing and start-up.
13. be maintained in effect, subject to the provisions herein regarding Substantial
Completion and partial occupancy or use of the Work by Owner, until the Work is
complete.
B.

Notice of Cancellation or Change: All the policies of insurance (and the certificates or other
evidence thereof) required to be purchased and maintained in accordance with this
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Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at least 10 days prior written
notice has been given to the purchasing policyholder. Within three days of receipt of any
such written notice, the purchasing policyholder shall provide a copy of the notice to each
other insured.

6.06

C.

Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for
costs not covered because of the application of a policy deductible.

D.

Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then
Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will
provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk
insurance shall not be canceled or permitted to lapse on account of any such partial use or
occupancy; rather, those portions of the Work that are occupied or used by Owner may come
off the builder’s risk policy, while those portions of the Work not yet occupied or used by
Owner shall remain covered by the builder’s risk insurance.

E.

Additional Insurance: If Contractor elects to obtain other special insurance to be included in
or supplement the builder’s risk or property insurance policies provided under this Paragraph
6.05, it may do so at Contractor’s expense.

F.

Insurance of Other Property: If the express insurance provisions of the Contract do not
require or address the insurance of a property item or interest, such as tools, construction
equipment, or other personal property owned by Contractor, a Subcontractor, or an
employee of Contractor or a Subcontractor, then the entity or individual owning such
property item will be responsible for deciding whether to insure it, and if so in what amount.

Waiver of Rights
A.

All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s
risk policy, shall contain provisions to the effect that in the event of payment of any loss or
damage the insurers will have no rights of recovery against any insureds thereunder, or
against Engineer or its consultants, or their officers, directors, members, partners,
employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights
against each other and the respective officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them, for all losses and damages
caused by, arising out of, or resulting from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the Work; and, in addition, waive all
such rights against Engineer, its consultants, all Subcontractors, all individuals or entities
identified in the Supplementary Conditions as insureds, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them,
under such policies for losses and damages so caused. None of the above waivers shall
extend to the rights that any party making such waiver may have to the proceeds of insurance
held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy
so issued.

B.

Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each
and any of them, for:
1.

loss due to business interruption, loss of use, or other consequential loss extending
beyond direct physical loss or damage to Owner’s property or the Work caused by,

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arising out of, or resulting from fire or other perils whether or not insured by Owner;
and
2.

6.07

loss or damage to the completed Project or part thereof caused by, arising out of, or
resulting from fire or other insured peril or cause of loss covered by any property
insurance maintained on the completed Project or part thereof by Owner during partial
occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant
to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.

C.

Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of
payment of any such loss, damage, or consequential loss, the insurers will have no rights of
recovery against Contractor, Subcontractors, or Engineer, or the officers, directors,
members, partners, employees, agents, consultants, or subcontractors of each and any of
them.

D.

Contractor shall be responsible for assuring that the agreement under which a Subcontractor
performs a portion of the Work contains provisions whereby the Subcontractor waives all
rights against Owner, Contractor, all individuals or entities identified in the Supplementary
Conditions as insureds, the Engineer and its consultants, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, for all losses and damages caused by, arising out of, relating to, or resulting from any
of the perils or causes of loss covered by builder’s risk insurance and any other property
insurance applicable to the Work.

Receipt and Application of Property Insurance Proceeds
A.

Any insured loss under the builder’s risk and other policies of insurance required by
Paragraph 6.05 will be adjusted and settled with the named insured that purchased the
policy. Such named insured shall act as fiduciary for the other insureds, and give notice to
such other insureds that adjustment and settlement of a claim is in progress. Any other
insured may state its position regarding a claim for insured loss in writing within 15 days after
notice of such claim.

B.

Proceeds for such insured losses may be made payable by the insurer either jointly to
multiple insureds, or to the named insured that purchased the policy in its own right and as
fiduciary for other insureds, subject to the requirements of any applicable mortgage clause.
A named insured receiving insurance proceeds under the builder’s risk and other policies of
insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such
agreement as the parties in interest may reach, or as otherwise required under the dispute
resolution provisions of this Contract or applicable Laws and Regulations.

C.

If no other special agreement is reached, the damaged Work shall be repaired or replaced,
the money so received applied on account thereof, and the Work and the cost thereof
covered by Change Order, if needed.

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
7.01

Supervision and Superintendence
A.

Contractor shall supervise, inspect, and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques, sequences, and procedures of construction.
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B.

7.02

7.03

7.04

At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer
except under extraordinary circumstances.

Labor; Working Hours
A.

Contractor shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. Contractor shall at
all times maintain good discipline and order at the Site.

B.

Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents,
all Work at the Site shall be performed during regular working hours, Monday through Friday.
Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor
may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays
only with Owner’s written consent, which will not be unreasonably withheld.

Services, Materials, and Equipment
A.

Unless otherwise specified in the Contract Documents, Contractor shall provide and assume
full responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for
the performance, testing, start up, and completion of the Work, whether or not such items
are specifically called for in the Contract Documents.

B.

All materials and equipment incorporated into the Work shall be of good quality and new,
except as otherwise provided in the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly run to the benefit of Owner. If
required by Engineer, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.

C.

All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise may be provided in the Contract Documents.

“Or Equals”
A.

Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the
Contract Price has been based upon Contractor furnishing such item as specified. The
specification or description of such an item is intended to establish the type, function,
appearance, and quality required. Unless the specification or description contains or is
followed by words reading that no like, equivalent, or “or equal” item is permitted,
Contractor may request that Engineer authorize the use of other items of material or
equipment, or items from other proposed suppliers under the circumstances described
below.
1.

If Engineer in its sole discretion determines that an item of material or equipment
proposed by Contractor is functionally equal to that named and sufficiently similar so
that no change in related Work will be required, Engineer shall deem it an “or equal”
item. For the purposes of this paragraph, a proposed item of material or equipment will
be considered functionally equal to an item so named if:

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a.

b.

7.05

in the exercise of reasonable judgment Engineer determines that:
1)

it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;

2)

it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning
whole;

3)

it has a proven record of performance and availability of responsive service;
and

4)

it is not objectionable to Owner.

Contractor certifies that, if approved and incorporated into the Work:
1)

there will be no increase in cost to the Owner or increase in Contract Times;
and

2)

it will conform substantially to the detailed requirements of the item named
in the Contract Documents.

B.

Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal”
item at Contractor’s expense.

C.

Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each “or-equal” request. Engineer may require Contractor to furnish additional
data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No
“or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is
complete and Engineer determines that the proposed item is an “or-equal”, which will be
evidenced by an approved Shop Drawing or other written communication. Engineer will
advise Contractor in writing of any negative determination.

D.

Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall
result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be
final and binding, and may not be reversed through an appeal under any provision of the
Contract Documents.

E.

Treatment as a Substitution Request: If Engineer determines that an item of material or
equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may
request that Engineer considered the proposed item as a substitute pursuant to Paragraph
7.05.

Substitutes
A.

Unless the specification or description of an item of material or equipment required to be
furnished under the Contract Documents contains or is followed by words reading that no
substitution is permitted, Contractor may request that Engineer authorize the use of other
items of material or equipment under the circumstances described below. To the extent
possible such requests shall be made before commencement of related construction at the
Site.
1.

Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is functionally equivalent to
that named and an acceptable substitute therefor. Engineer will not accept requests for
review of proposed substitute items of material or equipment from anyone other than
Contractor.
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2.

The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as
supplemented by the Specifications, and as Engineer may decide is appropriate under
the circumstances.

3.

Contractor shall make written application to Engineer for review of a proposed
substitute item of material or equipment that Contractor seeks to furnish or use. The
application:
a.

b.

c.

d.

shall certify that the proposed substitute item will:
1)

perform adequately the functions and achieve the results called for by the
general design,

2)

be similar in substance to that specified, and

3)

be suited to the same use as that specified.

will state:
1)

the extent, if any, to which the use of the proposed substitute item will
necessitate a change in Contract Times,

2)

whether use of the proposed substitute item in the Work will require a change
in any of the Contract Documents (or in the provisions of any other direct
contract with Owner for other work on the Project) to adapt the design to the
proposed substitute item, and

3)

whether incorporation or use of the proposed substitute item in connection
with the Work is subject to payment of any license fee or royalty.

will identify:
1)

all variations of the proposed substitute item from that specified, and

2)

available engineering, sales, maintenance, repair, and replacement services.

shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and claims of other contractors
affected by any resulting change.

B.

Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each substitute request, and to obtain comments and direction from Owner.
Engineer may require Contractor to furnish additional data about the proposed substitute
item. Engineer will be the sole judge of acceptability. No substitute will be ordered,
furnished, installed, or utilized until Engineer’s review is complete and Engineer determines
that the proposed item is an acceptable substitute. Engineer’s determination will be
evidenced by a Field Order or a proposed Change Order accounting for the substitution itself
and all related impacts, including changes in Contract Price or Contract Times. Engineer will
advise Contractor in writing of any negative determination.

C.

Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a
special performance guarantee or other surety with respect to any substitute.

D.

Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a
substitute proposed or submitted by Contractor. Whether or not Engineer approves a
substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for
the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor
shall also reimburse Owner for the reasonable charges of Engineer for making changes in the
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Contract Documents (or in the provisions of any other direct contract with Owner) resulting
from the acceptance of each proposed substitute.

7.06

E.

Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute
at Contractor’s expense.

F.

Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor
shall execute the proposed Change Order and proceed with the substitution. The Engineer’s
denial of a substitution request shall be final and binding, and may not be reversed through
an appeal under any provision of the Contract Documents. Contractor may challenge the
scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a
Change Proposal.

Concerning Subcontractors, Suppliers, and Others
A.

Contractor may retain Subcontractors and Suppliers for the performance of parts of the
Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B.

Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for
the performance of designated parts of the Work if required by the Contract to do so.

C.

Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the
Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against which Contractor has
reasonable objection.

D.

Prior to entry into any binding subcontract or purchase order, Contractor shall submit to
Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already
deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or
otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner
unless Owner raises a substantive, reasonable objection within five days.

E.

Owner may require the replacement of any Subcontractor, Supplier, or other individual or
entity retained by Contractor to perform any part of the Work. Owner also may require
Contractor to retain specific replacements; provided, however, that Owner may not require
a replacement to which Contractor has a reasonable objection. If Contractor has submitted
the identity of certain Subcontractors, Suppliers, or other individuals or entities for
acceptance by Owner, and Owner has accepted it (either in writing or by failing to make
written objection thereto), then Owner may subsequently revoke the acceptance of any such
Subcontractor, Supplier, or other individual or entity so identified solely on the basis of
substantive, reasonable objection after due investigation. Contractor shall submit an
acceptable replacement for the rejected Subcontractor, Supplier, or other individual or
entity.

F.

If Owner requires the replacement of any Subcontractor, Supplier, or other individual or
entity retained by Contractor to perform any part of the Work, then Contractor shall be
entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the
replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30
days of Owner’s requirement of replacement.

G.

No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a waiver of the right of Owner to the
completion of the Work in accordance with the Contract Documents.

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H.

On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors
and Suppliers having a direct contract with Contractor, and of all other Subcontractors and
Suppliers known to Contractor at the time of submittal.

I.

Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of
the Work just as Contractor is responsible for Contractor’s own acts and omissions.

J.

Contractor shall be solely responsible for scheduling and coordinating the work of
Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any
of the Work.

K.

Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work from communicating with Engineer or Owner,
except through Contractor or in case of an emergency, or as otherwise expressly allowed
herein.

L.

The divisions and sections of the Specifications and the identifications of any Drawings shall
not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating
the Work to be performed by any specific trade.

M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract Documents for the benefit of Owner and
Engineer.

7.07

N.

Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information
about amounts paid to Contractor on account of Work performed for Contractor by the
particular Subcontractor or Supplier.

O.

Nothing in the Contract Documents:
1.

shall create for the benefit of any such Subcontractor, Supplier, or other individual or
entity any contractual relationship between Owner or Engineer and any such
Subcontractor, Supplier, or other individual or entity; nor

2.

shall create any obligation on the part of Owner or Engineer to pay or to see to the
payment of any money due any such Subcontractor, Supplier, or other individual or
entity except as may otherwise be required by Laws and Regulations.

Patent Fees and Royalties
A.

Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any 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.

B.

To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals, and all court or arbitration or other dispute resolution costs) arising out
of or relating to any infringement of patent rights or copyrights incident to the use in the
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performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device specified in the Contract Documents, but not identified
as being subject to payment of any license fee or royalty to others required by patent rights
or copyrights.
C.

7.08

Permits
A.

7.09

Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in
obtaining such permits and licenses. Contractor shall pay all governmental charges and
inspection fees necessary for the prosecution of the Work which are applicable at the time
of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated
contract). Owner shall pay all charges of utility owners for connections for providing
permanent service to the Work

Taxes
A.

7.10

To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to 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.

Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.

Laws and Regulations
A.

Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor’s compliance with any Laws or Regulations.

B.

If Contractor performs any Work or takes any other action knowing or having reason to know
that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses,
and shall indemnify and hold harmless Owner and Engineer, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them from and against all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such Work or other
action. It shall not be Contractor’s responsibility to make certain that the Work described in
the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve
Contractor of Contractor’s obligations under Paragraph 3.03.

C.

Owner or Contractor may give notice to the other party of any changes after the submission
of Contractor’s Bid (or after the date when Contractor became bound under a negotiated
contract) in Laws or Regulations having an effect on the cost or time of performance of the
Work, including but not limited to changes in Laws or Regulations having an effect on
procuring permits and on sales, use, value-added, consumption, and other similar taxes. If
Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
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any, of any adjustment in Contract Price or Contract Times resulting from such changes, then
within 30 days of such notice Contractor may submit a Change Proposal, or Owner may
initiate a Claim.
7.11

Record Documents
A.

7.12

Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written
interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such
record documents in good order and annotate them to show changes made during
construction. These record documents, together with all approved Samples, will be available
to Engineer for reference. Upon completion of the Work, Contractor shall deliver these
record documents to Engineer.

Safety and Protection
A.

Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the
performance of their work, nor for compliance with applicable safety Laws and Regulations.
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
1.

all persons on the Site or who may be affected by the Work;

2.

all the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and

3.

other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, other work in progress, utilities, and Underground
Facilities not designated for removal, relocation, or replacement in the course of
construction.

B.

Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss;
and shall erect and maintain all necessary safeguards for such safety and protection.
Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and
other utilities; and other contractors and utility owners performing work at or adjacent to
the Site, when prosecution of the Work may affect them, and shall cooperate with them in
the protection, removal, relocation, and replacement of their property or work in progress.

C.

Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.
The Supplementary Conditions identify any Owner’s safety programs that are applicable to
the Work.

D.

Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s
safety program with which Owner’s and Engineer’s employees and representatives must
comply while at the Site.

E.

All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier,
or any other individual or entity directly or indirectly employed by any of them to perform
any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
Contractor at its expense (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 any
of them, or anyone for whose acts any of them may be liable, and not attributable, directly
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or indirectly, in whole or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any
of them).

7.13

F.

Contractor’s duties and responsibilities for safety and protection 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 15.06.B that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).

G.

Contractor’s duties and responsibilities for safety and protection shall resume whenever
Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or
correction obligations, or to conduct other tasks arising from the Contract Documents.

Safety Representative
A.

7.14

Hazard Communication Programs
A.

7.15

Contractor shall be responsible for coordinating any exchange of material safety data sheets
or other hazard communication information required to be made available to or exchanged
between or among employers at the Site in accordance with Laws or Regulations.

Emergencies
A.

7.16

Contractor shall designate a qualified and experienced safety representative at the Site
whose duties and responsibilities shall be the prevention of accidents and the maintaining
and supervising of safety precautions and programs.

In emergencies affecting the safety or protection of persons or the Work or property at the
Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury,
or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any
significant changes in the Work or variations from the Contract Documents have been caused
thereby or are required as a result thereof. If Engineer determines that a change in the
Contract Documents is required because of the action taken by Contractor in response to
such an emergency, a Work Change Directive or Change Order will be issued.

Shop Drawings, Samples, and Other Submittals
A.

Shop Drawing and Sample Submittal Requirements:
1.

2.

Before submitting a Shop Drawing or Sample, Contractor shall have:
a.

reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the Contract Documents;

b.

determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;

c.

determined and verified the suitability of all materials and equipment offered with
respect to the indicated application, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the performance of the Work; and

d.

determined and verified all information relative to Contractor’s responsibilities for
means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.

Each submittal shall bear a stamp or specific written certification that Contractor has
satisfied Contractor’s obligations under the Contract Documents with respect to
Contractor’s review of that submittal, and that Contractor approves the submittal.
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3.

B.

With each submittal, Contractor shall give Engineer specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be set forth in a written communication separate
from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop
Drawings by a specific notation made on each Shop Drawing submitted to Engineer for
review and approval of each such variation.

Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings
and Samples to Engineer for review and approval in accordance with the accepted Schedule
of Submittals. Each submittal will be identified as Engineer may require.
1.

2.

3.

Shop Drawings:
a.

Contractor shall submit the number of copies required in the Specifications.

b.

Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show Engineer the services, materials, and equipment Contractor proposes to
provide and to enable Engineer to review the information for the limited purposes
required by Paragraph 7.16.D.

Samples:
a.

Contractor shall submit the number of Samples required in the Specifications.

b.

Contractor shall clearly identify each Sample as to material, Supplier, pertinent
data such as catalog numbers, the use for which intended and other data as
Engineer may require to enable Engineer to review the submittal for the limited
purposes required by Paragraph 7.16.D.

Where a Shop Drawing or Sample is required by the Contract Documents or the
Schedule of Submittals, any related Work performed prior to Engineer’s review and
approval of the pertinent submittal will be at the sole expense and responsibility of
Contractor.

C.

Other Submittals: Contractor shall submit other submittals to Engineer in accordance with
the accepted Schedule of Submittals, and pursuant to the applicable terms of the
Specifications.

D.

Engineer’s Review:
1.

Engineer will provide timely review of Shop Drawings and Samples in accordance with
the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will
be only to determine if the items covered by the submittals will, after installation or
incorporation in the Work, conform to the information given in the Contract Documents
and be compatible with the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents.

2.

Engineer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.

3.

Engineer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.

4.

Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor
from responsibility for any variation from the requirements of the Contract Documents
unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and
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Engineer has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will
document any such approved variation from the requirements of the Contract
Documents in a Field Order.

E.

7.17

5.

Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor
from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6.

Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the
requirements of the Contract Documents, shall not, under any circumstances, change
the Contract Times or Contract Price, unless such changes are included in a Change
Order.

7.

Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample,
or other submittal shall result in such item becoming a Contract Document.

8.

Contractor shall perform the Work in compliance with the requirements and
commitments set forth in approved Shop Drawings and Samples, subject to the
provisions of Paragraph 7.16.D.4.

Resubmittal Procedures:
1.

Contractor shall make corrections required by Engineer and shall return the required
number of corrected copies of Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions
other than the corrections called for by Engineer on previous submittals.

2.

Contractor shall furnish required submittals with sufficient information and accuracy to
obtain required approval of an item with no more than three submittals. Engineer will
record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop
Drawings, sample, or other item requiring approval, and Contractor shall be responsible
for Engineer’s charges to Owner for such time. Owner may impose a set-off against
payments due to Contractor to secure reimbursement for such charges.

3.

If Contractor requests a change of a previously approved submittal item, Contractor
shall be responsible for Engineer’s charges to Owner for its review time, and Owner may
impose a set-off against payments due to Contractor to secure reimbursement for such
charges, unless the need for such change is beyond the control of Contractor.

Contractor’s General Warranty and Guarantee
A.

Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors, members,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
Contractor’s warranty and guarantee.

B.

Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

C.

1.

abuse, modification, or improper maintenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or

2.

normal wear and tear under normal usage.

Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work
that is not in accordance with the Contract Documents or a release of Contractor’s obligation
to perform the Work in accordance with the Contract Documents:
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D.

7.18

1.

observations by Engineer;

2.

recommendation by Engineer or payment by Owner of any progress or final payment;

3.

the issuance of a certificate of Substantial Completion by Engineer or any payment
related thereto by Owner;

4.

use or occupancy of the Work or any part thereof by Owner;

5.

any review and approval of a Shop Drawing or Sample submittal;

6.

the issuance of a notice of acceptability by Engineer;

7.

any inspection, test, or approval by others; or

8.

any correction of defective Work by Owner.

If the Contract requires the Contractor to accept the assignment of a contract entered into
by Owner, then the specific warranties, guarantees, and correction obligations contained in
the assigned contract shall govern with respect to Contractor’s performance obligations to
Owner for the Work described in the assigned contract.

Indemnification
A.

To the fullest extent permitted by Laws and Regulations, and in addition to any other
obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to the performance of the Work, provided
that any such claim, cost, loss, or damage 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 but only to the extent caused by any negligent
act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity
directly or indirectly employed by any of them to perform any of the Work or anyone for
whose acts any of them may be liable.

B.

In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the
survivor or personal representative of such employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly employed by any of them to perform
any of the Work, or anyone for whose acts any of them may be liable, the indemnification
obligation under Paragraph 7.18.A 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
such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.

C.

The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the
liability of Engineer and Engineer’s officers, directors, members, partners, employees,
agents, consultants and subcontractors arising out of:
1.

the preparation or approval of, or the failure to prepare or approve maps, Drawings,
opinions, reports, surveys, Change Orders, designs, or Specifications; or

2.

giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage.
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7.19

Delegation of Professional Design Services
A.

Contractor will not be required to provide professional design services unless such services
are specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor’s responsibilities for construction means,
methods, techniques, sequences and procedures. Contractor shall not be required to provide
professional services in violation of applicable Laws and Regulations.

B.

If professional design services or certifications by a design professional related to systems,
materials, or equipment are specifically required of Contractor by the Contract Documents,
Owner and Engineer will specify all performance and design criteria that such services must
satisfy. Contractor shall cause such services or certifications to be provided by a properly
licensed professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such
professional, if prepared by others, shall bear such professional’s written approval when
submitted to Engineer.

C.

Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness
of the services, certifications, or approvals performed by such design professionals, provided
Owner and Engineer have specified to Contractor all performance and design criteria that
such services must satisfy.

D.

Pursuant to this paragraph, Engineer’s review and approval of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance
and design criteria given and the design concept expressed in the Contract Documents.
Engineer’s review and approval of Shop Drawings and other submittals (except design
calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1.

E.

Contractor shall not be responsible for the adequacy of the performance or design criteria
specified by Owner or Engineer.

ARTICLE 8 – OTHER WORK AT THE SITE
8.01

Other Work
A.

In addition to and apart from the Work under the Contract Documents, the Owner may
perform other work at or adjacent to the Site. Such other work may be performed by Owner’s
employees, or through contracts between the Owner and third parties. Owner may also
arrange to have third-party utility owners perform work on their utilities and facilities at or
adjacent to the Site.

B.

If Owner performs other work at or adjacent to the Site with Owner’s employees, or through
contracts for such other work, then Owner shall give Contractor written notice thereof prior
to starting any such other work. If Owner has advance information regarding the start of any
utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C.

Contractor shall afford each other contractor that performs such other work, each utility
owner performing other work, and Owner, if Owner is performing other work with Owner’s
employees, proper and safe access to the Site, and provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work.
Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate
with such other work. Contractor shall not endanger any work of others by cutting,
excavating, or otherwise altering such work; provided, however, that Contractor may cut or
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alter others' work with the written consent of Engineer and the others whose work will be
affected.
D.

8.02

Coordination
A.

B.
8.03

If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others under this Article 8, Contractor shall inspect such other work and
promptly report to Engineer in writing any delays, defects, or deficiencies in such other work
that render it unavailable or unsuitable for the proper execution and results of Contractor’s
Work. Contractor’s failure to so report will constitute an acceptance of such other work as
fit and proper for integration with Contractor’s Work except for latent defects and
deficiencies in such other work.

If Owner intends to contract with others for the performance of other work at or adjacent to
the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to
arrange to have utility owners perform work at or adjacent to the Site, the following will be
set forth in the Supplementary Conditions or provided to Contractor prior to the start of any
such other work:
1.

the identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;

2.

an itemization of the specific matters to be covered by such authority and responsibility;
and

3.

the extent of such authority and responsibilities.

Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority
and responsibility for such coordination.

Legal Relationships
A.

If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s
employees, any other contractor working for Owner, or any utility owner for whom the
Owner is responsible causes damage to the Work or to the property of Contractor or its
Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the
performance of the Work, through actions or inaction, then Contractor shall be entitled to
an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor
must submit any Change Proposal seeking an equitable adjustment in the Contract Price or
the Contract Times under this paragraph within 30 days of the damaging, delaying,
disrupting, or interfering event. The entitlement to, and extent of, any such equitable
adjustment shall take into account information (if any) regarding such other work that was
provided to Contractor in the Contract Documents prior to the submittal of the Bid or the
final negotiation of the terms of the Contract. When applicable, any such equitable
adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all
Contractor’s rights against such other contractor or utility owner with respect to the damage,
delay, disruption, or interference that is the subject of the adjustment. Contractor’s
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor’s ability to complete the Work within the Contract Times.

B.

Contractor shall take reasonable and customary measures to avoid damaging, delaying,
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner
performing other work at or adjacent to the Site. If Contractor fails to take such measures
and as a result damages, delays, disrupts, or interferes with the work of any such other
contractor or utility owner, then Owner may impose a set-off against payments due to
Contractor, and assign to such other contractor or utility owner the Owner’s contractual
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rights against Contractor with respect to the breach of the obligations set forth in this
paragraph.
C.

When Owner is performing other work at or adjacent to the Site with Owner’s employees,
Contractor shall be liable to Owner for damage to such other work, and for the reasonable
direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s
failure to take reasonable and customary measures with respect to Owner’s other work. In
response to such damage, delay, disruption, or interference, Owner may impose a set-off
against payments due to Contractor.

D.

If Contractor damages, delays, disrupts, or interferes with the work of any other contractor,
or any utility owner performing other work at or adjacent to the Site, through Contractor’s
failure to take reasonable and customary measures to avoid such impacts, or if any claim
arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or
adjacent to the Site is made by any such other contractor or utility owner against Contractor,
Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all
parties through negotiations with such other contractor or utility owner, or otherwise resolve
the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify
and hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and against
any such claims, and against all costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such damage, delay,
disruption, or interference.

ARTICLE 9 – OWNER’S RESPONSIBILITIES
9.01

Communications to Contractor
A.

9.02

Replacement of Engineer
A.

9.03

Owner shall promptly furnish the data required of Owner under the Contract Documents.

Pay When Due
A.

9.05

Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor
makes no reasonable objection to the replacement engineer. The replacement engineer’s
status under the Contract Documents shall be that of the former Engineer.

Furnish Data
A.

9.04

Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through Engineer.

Owner shall make payments to Contractor when they are due as provided in the Agreement.

Lands and Easements; Reports, Tests, and Drawings
A.

Owner’s duties with respect to providing lands and easements are set forth in Paragraph
5.01.

B.

Owner’s duties with respect to providing engineering surveys to establish reference points
are set forth in Paragraph 4.03.

C.

Article 5 refers to Owner’s identifying and making available to Contractor copies of reports
of explorations and tests of conditions at the Site, and drawings of physical conditions
relating to existing surface or subsurface structures at the Site.
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9.06

Insurance
A.

9.07

Change Orders
A.

9.08

Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 5.06.

Evidence of Financial Arrangements
A.

9.12

The Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the performance of the Work. Owner will
not be responsible for Contractor’s failure to perform the Work in accordance with the
Contract Documents.

Undisclosed Hazardous Environmental Condition
A.

9.11

Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 14.02.B.

Limitations on Owner’s Responsibilities
A.

9.10

Owner’s responsibilities with respect to Change Orders are set forth in Article 11.

Inspections, Tests, and Approvals
A.

9.09

Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and
property insurance are set forth in Article 6.

Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that
financial arrangements have been made to satisfy Owner’s obligations under the Contract
Documents (including obligations under proposed changes in the Work).

Safety Programs
A.

While at the Site, Owner’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which Owner has been informed.

B.

Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION
10.01 Owner’s Representative
A.

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 the Contract.

10.02 Visits to Site
A.

Engineer will make visits to the Site at intervals appropriate to the various stages of
construction as Engineer deems necessary in order to observe as an experienced and
qualified design professional the progress that has been made and the quality of the various
aspects of Contractor’s executed Work. Based on information obtained during such visits and
observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is
proceeding in accordance with the Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of
confidence that the completed Work will conform generally to the Contract Documents. On
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the basis of such visits and observations, Engineer will keep Owner informed of the progress
of the Work and will endeavor to guard Owner against defective Work.
B.

Engineer’s visits and observations are subject to all the limitations on Engineer’s authority
and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during
or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not
supervise, direct, control, or have authority over or be responsible for Contractor’s means,
methods, techniques, sequences, or procedures of construction, or the safety precautions
and programs incident thereto, or for any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.

10.03 Project Representative
A.

If Owner and Engineer have agreed that Engineer will furnish a Resident Project
Representative to represent Engineer at the Site and assist Engineer in observing the
progress and quality of the Work, then the authority and responsibilities of any such Resident
Project Representative will be as provided in the Supplementary Conditions, and limitations
on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates
another representative or agent to represent Owner at the Site who is not Engineer’s
consultant, agent, or employee, the responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the Supplementary Conditions.

10.04 Rejecting Defective Work
A.

Engineer has the authority to reject Work in accordance with Article 14.

10.05 Shop Drawings, Change Orders and Payments
A.

Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth
in Paragraph 7.16.

B.

Engineer’s authority, and limitations thereof, as to design calculations and design drawings
submitted in response to a delegation of professional design services, if any, are set forth in
Paragraph 7.19.

C.

Engineer’s authority as to Change Orders is set forth in Article 11.

D.

Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.06 Determinations for Unit Price Work
A.

Engineer will determine the actual quantities and classifications of Unit Price Work
performed by Contractor as set forth in Paragraph 13.03.

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work
A.

Engineer will render decisions regarding the requirements of the Contract Documents, and
judge the acceptability of the Work, pursuant to the specific procedures set forth herein for
initial interpretations, Change Proposals, and acceptance of the Work. In rendering such
decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will
not be liable to Owner, Contractor, or others in connection with any proceedings,
interpretations, decisions, or judgments conducted or rendered in good faith.

10.08 Limitations on Engineer’s Authority and Responsibilities
A.

Neither Engineer’s authority or responsibility under this Article 10 or under any other
provision of the Contract, nor any decision made by Engineer in good faith either to exercise
or not exercise such authority or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in
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contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier,
any other individual or entity, or to any surety for or employee or agent of any of them.
B.

Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the performance of the Work. Engineer will not be
responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.

C.

Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D.

Engineer’s review of the final Application for Payment and accompanying documentation
and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documentation required to be delivered by
Paragraph 15.06.A will only be to determine generally that their content complies with the
requirements of, and in the case of certificates of inspections, tests, and approvals, that the
results certified indicate compliance with the Contract Documents.

E.

The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also
apply to the Resident Project Representative, if any.

10.09 Compliance with Safety Program
A.

While at the Site, Engineer’s employees and representatives will comply with the specific
applicable requirements of Owner’s and Contractor’s safety programs (if any) of which
Engineer has been informed.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
11.01 Amending and Supplementing Contract Documents
A.

The Contract Documents may be amended or supplemented by a Change Order, a Work
Change Directive, or a Field Order.
1.

2.

Change Orders:
a.

If an amendment or supplement to the Contract Documents includes a change in
the Contract Price or the Contract Times, such amendment or supplement must be
set forth in a Change Order. A Change Order also may be used to establish
amendments and supplements of the Contract Documents that do not affect the
Contract Price or Contract Times.

b.

Owner and Contractor may amend those terms and conditions of the Contract
Documents that do not involve (1) the performance or acceptability of the Work,
(2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3)
other engineering or technical matters, without the recommendation of the
Engineer. Such an amendment shall be set forth in a Change Order.

Work Change Directives: A Work Change Directive will not change the Contract Price or
the Contract Times but is evidence that the parties expect that the modification ordered
or documented by a Work Change Directive will be incorporated in a subsequently
issued Change Order, following negotiations by the parties as to the Work Change
Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations
are unsuccessful, by a determination under the terms of the Contract Documents
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governing adjustments, expressly including Paragraph 11.04 regarding change of
Contract Price. Contractor must submit any Change Proposal seeking an adjustment of
the Contract Price or the Contract Times, or both, no later than 30 days after the
completion of the Work set out in the Work Change Directive. Owner must submit any
Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no
later than 60 days after issuance of the Work Change Directive.
3.

Field Orders: Engineer may authorize minor changes in the Work if the changes do not
involve an adjustment in the Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. Such changes will be accomplished by a Field Order and will
be binding on Owner and also on Contractor, which shall perform the Work involved
promptly. If Contractor believes that a Field Order justifies an adjustment in the
Contract Price or Contract Times, or both, then before proceeding with the Work at
issue, Contractor shall submit a Change Proposal as provided herein.

11.02 Owner-Authorized Changes in the Work
A.

11.03

Without invalidating the Contract and without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or revisions in the Work. Such changes shall
be supported by Engineer’s recommendation, to the extent the change involves the design
(as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical
matters. Such changes may be accomplished by a Change Order, if Owner and Contractor
have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or
by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly
proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease
construction activities with respect to such deleted Work. Added or revised Work shall be
performed under the applicable conditions of the Contract Documents. Nothing in this
paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes
cannot be performed in a manner consistent with Contractor’s safety obligations under the
Contract Documents or Laws and Regulations.

Unauthorized Changes in the Work
A.

Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents, as amended, modified, or supplemented, except in the case of an emergency as
provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

11.04 Change of Contract Price
A.

The Contract Price may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any
Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

B.

An adjustment in the Contract Price will be determined as follows:
1.

where the Work involved is covered by unit prices contained in the Contract Documents,
then by application of such unit prices to the quantities of the items involved (subject
to the provisions of Paragraph 13.03); or

2.

where the Work involved is not covered by unit prices contained in the Contract
Documents, then by a mutually agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or

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3.

C.

where the Work involved is not covered by unit prices contained in the Contract
Documents and the parties do not reach mutual agreement to a lump sum, then on the
basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C).

Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be
determined as follows:
1.

a mutually acceptable fixed fee; or

2.

if a fixed fee is not agreed upon, then a fee based on the following percentages of the
various portions of the Cost of the Work:
a.

for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee
shall be 15 percent;

b.

for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five
percent;

c.

where one or more tiers of subcontracts are on the basis of Cost of the Work plus
a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and
11.04.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of
the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor
that actually performs the Work, at whatever tier, and (2) with respect to
Contractor itself and to any Subcontractors of a tier higher than that of the
Subcontractor that actually performs the Work, a fee of five percent of the amount
(fee plus underlying costs incurred) attributable to the next lower tier
Subcontractor; provided, however, that for any such subcontracted work the
maximum total fee to be paid by Owner shall be no greater than 27 percent of the
costs incurred by the Subcontractor that actually performs the work;

d.

no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4,
13.01.B.5, and 13.01.C;

e.

the amount of credit to be allowed by Contractor to Owner for any change which
results in a net decrease in cost will be the amount of the actual net decrease in
cost plus a deduction in Contractor’s fee by an amount equal to five percent of such
net decrease; and

f.

when both additions and credits are involved in any one change, the adjustment in
Contractor’s fee shall be computed on the basis of the net change in accordance
with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05 Change of Contract Times
A.

The Contract Times may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any
Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B.

An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph
4.05, concerning delays in Contractor’s progress.

11.06 Change Proposals
A.

Contractor shall submit a Change Proposal to Engineer to request an adjustment in the
Contract Times or Contract Price; appeal an initial decision by Engineer concerning the
requirements of the Contract Documents or relating to the acceptability of the Work under
the Contract Documents; contest a set-off against payment due; or seek other relief under
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the Contract. The Change Proposal shall specify any proposed change in Contract Times or
Contract Price, or both, or other proposed relief, and explain the reason for the proposed
change, with citations to any governing or applicable provisions of the Contract Documents.

B.

1.

Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in
no event later than 30 days) after the start of the event giving rise thereto, or after such
initial decision. The Contractor shall submit supporting data, including the proposed
change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15
days after the submittal of the Change Proposal. The supporting data shall be
accompanied by a written statement that the supporting data are accurate and
complete, and that any requested time or price adjustment is the entire adjustment to
which Contractor believes it is entitled as a result of said event. Engineer will advise
Owner regarding the Change Proposal, and consider any comments or response from
Owner regarding the Change Proposal.

2.

Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after
receipt of the Contractor’s supporting data, either deny the Change Proposal in whole,
approve it in whole, or deny it in part and approve it in part. Such actions shall be in
writing, with a copy provided to Owner and Contractor. If Engineer does not take action
on the Change Proposal within 30 days, then either Owner or Contractor may at any
time thereafter submit a letter to the other party indicating that as a result of Engineer’s
inaction the Change Proposal is deemed denied, thereby commencing the time for
appeal of the denial under Article 12.

3.

Binding Decision: Engineer’s decision will be final and binding upon Owner and
Contractor, unless Owner or Contractor appeals the decision by filing a Claim under
Article 12.

Resolution of Certain Change Proposals: If the Change Proposal does not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or
other engineering or technical matters, then Engineer will notify the parties that the Engineer
is unable to resolve the Change Proposal. For purposes of further resolution of such a Change
Proposal, such notice shall be deemed a denial, and Contractor may choose to seek
resolution under the terms of Article 12.

11.07 Execution of Change Orders
A.

Owner and Contractor shall execute appropriate Change Orders covering:
1.

changes in the Contract Price or Contract Times which are agreed to by the parties,
including any undisputed sum or amount of time for Work actually performed in
accordance with a Work Change Directive;

2.

changes in Contract Price resulting from an Owner set-off, unless Contractor has duly
contested such set-off;

3.

changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b)
required because of Owner’s acceptance of defective Work under Paragraph 14.04 or
Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the
parties, subject to the need for Engineer’s recommendation if the change in the Work
involves the design (as set forth in the Drawings, Specifications, or otherwise), or other
engineering or technical matters; and

4.

changes in the Contract Price or Contract Times, or other changes, which embody the
substance of any final and binding results under Paragraph 11.06, or Article 12.
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B.

If Owner or Contractor refuses to execute a Change Order that is required to be executed
under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as
if fully executed.

11.08 Notification to Surety
A.

If the provisions of any bond require notice to be given to a surety of any change affecting
the general scope of the Work or the provisions of the Contract Documents (including, but
not limited to, Contract Price or Contract Times), the giving of any such notice will be
Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect
the effect of any such change.

ARTICLE 12 – CLAIMS
12.01 Claims
A.

Claims Process: The following disputes between Owner and Contractor shall be submitted to
the Claims process set forth in this Article:
1.

Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2.

Owner demands for adjustments in the Contract Price or Contract Times, or other relief
under the Contract Documents; and

3.

Disputes that Engineer has been unable to address because they do not involve the
design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of
the Work, or other engineering or technical matters.

B.

Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to
the Contract promptly (but in no event later than 30 days) after the start of the event giving
rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision
under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its
information only. The responsibility to substantiate a Claim shall rest with the party making
the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or
Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the
supporting data are accurate and complete, and that to the best of Contractor’s knowledge
and belief the amount of time or money requested accurately reflects the full amount to
which Contractor is entitled.

C.

Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full
consideration to its merits. The two parties shall seek to resolve the Claim through the
exchange of information and direct negotiations. The parties may extend the time for
resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in
writing and submitted to the other party, with a copy to Engineer.

D.

Mediation:
1.

At any time after initiation of a Claim, Owner and Contractor may mutually agree to
mediation of the underlying dispute. The agreement to mediate shall stay the Claim
submittal and response process.

2.

If Owner and Contractor agree to mediation, then after 60 days from such agreement,
either Owner or Contractor may unilaterally terminate the mediation process, and the
Claim submittal and decision process shall resume as of the date of the termination. If
the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal

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and decision process shall resume as of the date of the conclusion of the mediation, as
determined by the mediator.
3.

Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E.

Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in
part, such action shall be final and binding unless within 30 days of such action the other
party invokes the procedure set forth in Article 17 for final resolution of disputes.

F.

Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim
may deny it by giving written notice of denial to the other party. If the receiving party does
not take action on the Claim within 90 days, then either Owner or Contractor may at any
time thereafter submit a letter to the other party indicating that as a result of the inaction,
the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial
of the Claim shall be final and binding unless within 30 days of the denial the other party
invokes the procedure set forth in Article 17 for the final resolution of disputes.

G.

Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether
through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is
approved in part and denied in part, or denied in full, and such actions become final and
binding; then the results of the agreement or action on the Claim shall be incorporated in a
Change Order to the extent they affect the Contract, including the Work, the Contract Times,
or the Contract Price.

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
13.01 Cost of the Work
A.

B.

Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum
of all costs necessary for the proper performance of the Work at issue, as further defined
below. The provisions of this Paragraph 13.01 are used for two distinct purposes:
1.

To determine Cost of the Work when Cost of the Work is a component of the Contract
Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2.

To determine the value of a Change Order, Change Proposal, Claim, set-off, or other
adjustment in Contract Price. When the value of any such adjustment is determined on
the basis of Cost of the Work, Contractor is entitled only to those additional or
incremental costs required because of the change in the Work or because of the event
giving rise to the adjustment.

Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in
the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the
Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include
only the following items:
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.
Such employees shall include, without limitation, superintendents, foremen, and other
personnel employed full time on the Work. 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, workers’ compensation, health and retirement benefits, bonuses, sick
leave, and vacation and holiday pay applicable thereto. The expenses of performing
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Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be
included in the above to the extent authorized by Owner.
2.

Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and Suppliers’ 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 returns
from sale of surplus materials and equipment shall accrue to Owner, and Contractor
shall make provisions so that they may be obtained.

3.

Payments made by Contractor to Subcontractors for Work performed by
Subcontractors. If required by Owner, Contractor shall obtain competitive bids from
subcontractors acceptable to Owner and Contractor and shall deliver such bids to
Owner, who will then determine, with the advice of Engineer, which bids, if any, will be
acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis
of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be
determined in the same manner as Contractor’s Cost of the Work and fee as provided
in this Paragraph 13.01.

4.

Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically
related to the Work.

5.

Supplemental costs including the following:
a.

The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.

b.

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 workers, 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.

c.

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, assembly, dismantling, and removal thereof. All such costs shall
be in accordance with the 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.

d.

Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.

e.

Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses.

f.

Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection
with the performance of the Work (except losses and damages within the
deductible amounts of property insurance established in accordance with
Paragraph 6.05), provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
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indirectly employed by any of them or 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.

C.

g.

The cost of utilities, fuel, and sanitary facilities at the Site.

h.

Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.

i.

The costs of premiums for all bonds and insurance that Contractor is required by
the Contract Documents to purchase and maintain.

Costs Excluded: The term Cost of the Work shall not include any of the following items:
1.

Payroll costs and other compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other personnel employed by Contractor,
whether at the Site or in Contractor’s principal or branch office for general
administration of the Work and not specifically included in the agreed upon schedule of
job classifications referred to in Paragraph 13.01.B.1 or specifically covered by
Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be
considered administrative costs covered by the Contractor’s fee.

2.

Expenses of Contractor’s principal and branch offices other than Contractor’s office at
the Site.

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.

4.

Costs due to the 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.

5.

Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 13.01.B.

D.

Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus,
Contractor’s fee shall be determined as set forth in the Agreement. When the value of any
Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in
Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be
determined as set forth in Paragraph 11.04.C.

E.

Documentation: Whenever the Cost of the Work for any purpose is to be determined
pursuant to this Article 13, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.

13.02 Allowances
A.

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 performed for such
sums and by such persons or entities as may be acceptable to Owner and Engineer.

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B.

Cash Allowances: Contractor agrees that:
1.

the cash allowances include the cost to Contractor (less any applicable trade discounts)
of materials and equipment required by the allowances to be delivered at the Site, and
all applicable taxes; and

2.

Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
the Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.

C.

Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of Owner to cover unanticipated costs.

D.

Prior to final payment, an appropriate Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor on account of Work covered by
allowances, and the Contract Price shall be correspondingly adjusted.

13.03 Unit Price Work
A.

Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal
to the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.

B.

The estimated quantities of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial Contract Price. Payments to
Contractor for Unit Price Work will be based on actual quantities.

C.

Each unit price will be deemed to include an amount considered by Contractor to be
adequate to cover Contractor’s overhead and profit for each separately identified item.

D.

Engineer will determine the actual quantities and classifications of Unit Price Work
performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary
determinations on such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or otherwise). Engineer’s written decision
thereon will be final and binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor, subject to the provisions of
the following paragraph.

E.

Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor
may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the
Contract Price if:
1.

the quantity of any item of Unit Price Work performed by Contractor differs materially
and significantly from the estimated quantity of such item indicated in the Agreement;

2.

there is no corresponding adjustment with respect to any other item of Work; and

3.

Contractor believes that it is entitled to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price, and the parties are unable to agree as to the amount of any such increase
or decrease.

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ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
14.01 Access to Work
A.

Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and authorities having jurisdiction will have access to the
Site and the Work at reasonable times for their observation, inspection, and testing.
Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor’s safety procedures and programs so that they may comply therewith as
applicable.

14.02 Tests, Inspections, and Approvals
A.

Contractor shall give Engineer timely notice of readiness of the Work (or specific parts
thereof) for all required inspections and tests, and shall cooperate with inspection and
testing personnel to facilitate required inspections and tests.

B.

Owner shall retain and pay for the services of an independent inspector, testing laboratory,
or other qualified individual or entity to perform all inspections and tests expressly required
by the Contract Documents to be furnished and paid for by Owner, except that costs incurred
in connection with tests or inspections of covered Work shall be governed by the provisions
of Paragraph 14.05.

C.

If Laws or Regulations of any public body having jurisdiction require any Work (or part
thereof) specifically to be inspected, tested, or approved by an employee or other
representative of such public body, Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and
furnish Engineer the required certificates of inspection or approval.

D.

Contractor shall be responsible for arranging, obtaining, and paying for all inspections and
tests required:
1.

by the Contract Documents, unless the Contract Documents expressly allocate
responsibility for a specific inspection or test to Owner;

2.

to attain Owner’s and Engineer’s acceptance of materials or equipment to be
incorporated in the Work;

3.

by manufacturers of equipment furnished under the Contract Documents;

4.

for testing, adjusting, and balancing of mechanical, electrical, and other equipment to
be incorporated into the Work; and

5.

for acceptance of materials, mix designs, or equipment submitted for approval prior to
Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests shall be performed by independent inspectors, testing
laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.
E.

If the Contract Documents require the Work (or part thereof) to be approved by Owner,
Engineer, or another designated individual or entity, then Contractor shall assume full
responsibility for arranging and obtaining such approvals.

F.

If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by
Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s
expense unless Contractor had given Engineer timely notice of Contractor’s intention to
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cover the same and Engineer had not acted with reasonable promptness in response to such
notice.
14.03 Defective Work
A.

Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B.

Engineer’s Authority: Engineer has the authority to determine whether Work is defective,
and to reject defective Work.

C.

Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual
knowledge will be given to Contractor.

D.

Correction, or Removal and Replacement: Promptly after receipt of written notice of
defective Work, Contractor shall correct all such defective Work, whether or not fabricated,
installed, or completed, or, if Engineer has rejected the defective Work, remove it from the
Project and replace it with Work that is not defective.

E.

Preservation of Warranties: When correcting defective Work, Contractor shall take no action
that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said
Work.

F.

Costs and Damages: In addition to its correction, removal, and replacement obligations with
respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising
out of or relating to defective Work, including but not limited to the cost of the inspection,
testing, correction, removal, replacement, or reconstruction of such defective Work, fines
levied against Owner by governmental authorities because the Work is defective, and the
costs of repair or replacement of work of others resulting from defective Work. Prior to final
payment, if Owner and Contractor are unable to agree as to the measure of such claims,
costs, losses, and damages resulting from defective Work, then Owner may impose a
reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work
A.

If, instead of requiring correction or removal and replacement of defective Work, Owner
prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final
payment, to Engineer’s confirmation that such acceptance is in general accord with the
design intent and applicable engineering principles, and will not endanger public safety).
Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation
of and determination to accept such defective Work (such costs to be approved by Engineer
as to reasonableness), and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to final payment, the necessary
revisions in the Contract Documents with respect to the Work shall be incorporated in a
Change Order. If the parties are unable to agree as to the decrease in the Contract Price,
reflecting the diminished value of Work so accepted, then Owner may impose a reasonable
set-off against payments due under Article 15. If the acceptance of defective Work occurs
after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work
A.

Engineer has the authority to require additional inspection or testing of the Work, whether
or not the Work is fabricated, installed, or completed.

B.

If any Work is covered contrary to the written request of Engineer, then Contractor shall, if
requested by Engineer, uncover such Work for Engineer’s observation, and then replace the
covering, all at Contractor’s expense.
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C.

If Engineer considers it necessary or advisable that covered Work be observed by Engineer
or inspected or tested by others, then 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, and provide all necessary labor, material, and
equipment.
1.

If it is found that the uncovered Work is defective, Contractor shall be responsible for
all claims, costs, losses, and damages arising out of or relating to such uncovering,
exposure, observation, inspection, and testing, and of satisfactory replacement or
reconstruction (including but not limited to all costs of repair or replacement of work of
others); and pending Contractor’s full discharge of this responsibility the Owner shall be
entitled to impose a reasonable set-off against payments due under Article 15.

2.

If the uncovered Work is not found to be defective, Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Times, or both, directly
attributable to such uncovering, exposure, observation, inspection, testing,
replacement, and reconstruction. If the parties are unable to agree as to the amount or
extent thereof, then Contractor may submit a Change Proposal within 30 days of the
determination that the Work is not defective.

14.06 Owner May Stop the Work
A.

If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work
will conform to the Contract Documents, then 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, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work
A.

If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work, or to remove and replace rejected Work as required by Engineer, or if
Contractor fails to perform the Work in accordance with the Contract Documents, or if
Contractor fails to comply with any other provision of the Contract Documents, then Owner
may, after seven days written notice to Contractor, correct or remedy any such deficiency.

B.

In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,
Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to
enable Owner to exercise the rights and remedies under this paragraph.

C.

All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights
and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs
against payments due under Article 15. Such claims, costs, losses and damages will include
but not be limited to all costs of repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of Contractor’s defective Work.

Booth Bailey Field, Eureka County 05U
Standard General Conditions of the Construction Contract. Modified from EJCDC® C-700
Page 53 of 64

D.

Contractor shall not be allowed an extension of the Contract Times because of any delay in
the performance of the Work attributable to the exercise by Owner of Owner’s rights and
remedies under this Paragraph 14.07.

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
15.01 Progress Payments
A.

Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will
serve as the basis for progress payments and will be incorporated into a form of Application
for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will
be based on the number of units completed during the pay period, as determined under the
provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost
of the Work completed by Contractor during the pay period.

B.

Applications for Payments:

C.

1.

At least 20 days before the date established in the Agreement for each progress
payment (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 supporting
documentation as is required by the Contract Documents. 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 a bill of sale, invoice, or other documentation
warranting that Owner has received the materials and equipment free and clear of all
Liens, and evidence that the materials and equipment are covered by appropriate
property insurance, a warehouse bond, or other arrangements to protect Owner’s
interest therein, all of which must be satisfactory to Owner.

2.

Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account
of the Work have been applied on account to discharge Contractor’s legitimate
obligations assoc