Willits City Council
August 10, 2022

111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org

WILLITS CITY COUNCIL
AGENDA
AUGUST 10, 2022 | 6:30 PM | VIA TELECONFERENCE
Due to the provisions of the Governor’s new Executive Orders N-15-21 (Assembly Bill 361) which continues to suspend certain requirements of the Brown Act, and the Order of the Health Officer of the County of Mendocino to impose/recommend measures to promote social distancing to minimize the spread of COVID-19, the City Council will be participating by tele/video conference.

TELECONFERENCING ATTENDANCE INSTRUCTIONS
How to attend this Council meeting remotely – See end of the agenda.

1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.

2. PUBLIC COMMUNICATIONS
The City Council welcomes participation in its meetings. Comments shall be limited to three (3) minutes per person so that everyone has an opportunity to address the Council. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request the group appoints a spokesperson. This item is limited to matters under the jurisdiction of the City Council, which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. The City Council will take no action.

3. PUBLIC MATTERS

4. ENACTMENT OF ORDINANCES
a. None.

5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.

The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. July 27, 2022

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest.

7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.

8. CITY MANAGER REPORTS AND RECOMMENDATIONS
Willits City Council Agenda – August 10, 2022.

a. Verbal Reports – No Action.
i.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution Approving Final Plans and Specifications for the Groundwater Resiliency Improvement Project, Phase I, (Project No. 2022-03), and Awarding a Construction Contract to Wahlund Construction, Inc., in an Amount not to Exceed $466,880, Contingent on the Issuance of 401 & 404 Permits for the Project, and Authorize the City Manager to Execute the Contract and Approve Construction Change Orders up to a Cumulative Total of 10-percent of the Total Contract Amount
Presenting staff member: Rod Wilburn, City Engineer.
b. Presentation and Possible Action on Adopting an Investment Policy and the Implementation of a Proposed Investment Strategy for Idle City Funds.

Presenting staff member: Manuel Orozco, Finance Director/City Treasurer.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) a. Airport. b. Community Dev. c. Engineering. d. Police Dept. e. Public Works. f. Utilities.

11. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS

12. GOOD & WELFARE

13. CLOSED SESSION NOTICE
a. None.

14. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90- days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.

I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.

Dated this 5th day of August, 2022.

Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7121 or Fax (707) 459-1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.

Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM.

Willits City Council Agenda – August 10, 2022.

CITY COUNCIL MEETING – ELECTRONIC ATTENDANCE
To attend the City Council meeting of Wednesday, August 10, 2022, electronically, please do the following:

Navigate to the GoToMeeting site.

Join my meeting from your computer, tablet or smartphone. https://meet.goto.com/146374285
Phone:
• Dial in: 1 (571) 317-3122
• Punch in the following Access Code when prompted: 146-374-285 • Please keep your phone on Mute, unless you are addressing the Council. • When calling in on a landline phone press *6 to mute and unmute your phone.

Public Comments:
• Members of the public wishing to address the City Council, either during public comment or for a specific agenda item, or both, will be limited to three (3) minutes per person at the time the Mayor opens item for public comments.
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, JULY 27, 2022
Mayor Rodriguez called a regular meeting of the City Council to order at 6:33 p.m., via teleconference/video conference. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Gerardo Gonzalez, Larry Stranske, Greta Kanne, and Mayor Saprina Rodriguez were present.

Also present were staff members: Brian Bender City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Taylor Perry, City Planner; Manuel Orozco, Finance Director; Scott Herman, Public Works Director; Kenan O’Shea, Public Works Superintend; Fabian Lizarraga, Police Chief; Davey Bowles, Building Inspector; Karen Stevenson, Human Resources Manager; and Delores Pedersen, City Clerk.

Due to the provisions of the Governor’s new Executive Order N-15-21 (Assembly Bill 361) which continues to suspend certain requirements of the Brown Act, and the Order of the Health Officer of the County of Mendocino to continue to impose/recommend measures to promote social distancing to minimize the spread of COVID19, the City Council will be participating by tele/video conferencing.

2. Public Communications
JoAnn Saccato of Norcal for Health Project, Lucy Bartholomew of Blue Zones Initiative and Larry Olson all spoke in support of the Tobacco Retail Ordinance. Mr. Olson also requested to have the Tobacco Retail Ordinance placed on a future City Council Agenda.

3. Public Matters
Third District Supervisor Haschak was in attendance and gave updates on the following:
• The Measure O Tax Proposal that will be on the ballot in November. This tax will benefit the library, for capital improvements and ongoing costs. Also looking to reallocate one quarter of a cent, this would generate about four million dollars a year, 90% would be distributed to the fire districts, the other 10% will be for county wide fire safe council or the resource conservation districts, to make our communities safer from climate change and fire danger.
• The Ordinance that was proposed by the County to regulate the selling of water from private wells.
• Restrictions on water hauling, no hauling between the hours of 10:00 pm and 5:00 am.
• Supervisor Haschak has been working on a tree mortality task force. There will be a zoom meeting on this topic on July 29, 2022 at 9:00 am. • There will be a virtual Town Hall meeting on August 4th at 7:00 pm. The link will be published in the Newspaper.

Public Comment: Councilmember Kanne asked Supervisor Haschak to give an update, at the next council meeting he attends, on what the county is doing about the Willits City Council Minutes of July 27, 2022 Page 2 of 5 illegal dumpsite issues that are happening in Brooktrails, specifically on Dogwood Terrace. Supervisor Haschak agreed to give an update.

4. Enactment of Ordinances
None presented.

5. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
i. June 22, 2022
ii. June 27, 2022
b. Resolution Ratifying and Extending for an Additional 30-Days, Approval of Continuing Virtual City Council, Commission, and Committee Meetings Pursuant to AB 361.

Council had discussion on going back to in person meetings. Council member Kanne commented that if everyone else is ready to go back to in person meetings she is willing too, but she has concerns if we were all to get sick at the same time. Councilmembers Strong, Gonzalez and Stranske repeated Councilmember Kanne’s concerns. Mayor Rodriguez was in support of returning too in person meetings and believes that adjustments could be made.

Public Comment: None presented.

Moved by Strong/Seconded by Stranske and carried (4-1 vote with Gonzalez unable to respond due to Technical Difficulties) to approve Consent Calendar item(s) (a & b).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Business License Activity for June 2022.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Consideration and Possible Entrance into a Mutual Aid Agreement Facilitating Emergency Assistance among the Cities of Fort Bragg, Point Arena, Ukiah, Clearlake and Lakeport.

Presented by City Manager Bender.

Public Comment: None Presented
Moved by Councilmember Gonzalez/Seconded by Kanne and carried unanimously to approve Resolution No. 2022-47 of the City Council of the City of Willits approving the entrance into a Mutual Aid Agreement Facilitating Emergency Assistance among the City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and the City of Lakeport. b. Brown Water and hard Water Technical Memorandums
Presented by City Manager Bender.

City Manager Bender and Contract City Engineer Wilburn gave reports on the City’s Water Distribution System and the projects designed to improve its functionality.

Willits City Council Minutes of July 27, 2022 Page 3 of 5 Public Comment: None presented

c. Adopt a Resolution Authorizing the Installation of Two-Hour Limit and No Semi-Truck Parking Signage on the South Side of East Commercial Street Between Humboldt and Madden Streets.

Presenting staff: City Manager Bender
Public Comment: Tamara Alaniz spoke in favor of the parking signage.

Moved by Councilmember Gonzalez/Seconded by Strong and carried (4-1 vote, Mayor Rodriguez abstains) to approve Resolution No. 2022-48 of the City Council of the City of Willits approving the insallation of Two-Hour Limit and No SemiTruck Parking Signage on the South Side of East Commercial Street between Humboldt and Madden Streets.
d. Verbal Reports – City Manager Bender gave an update on the City Hall Renovations.

Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Discussion and Proposed Action Awarding Professional Services Contract to Planwest Partners, Inc. to Update the General Plan Land Use Element and Prepare a Sphere of Influence Amendment.

Presenting staff member: Community Development Director Duley Public Comment: None presented.

Moved by Stranske/Seconded by Gonzalez and carried unanimously to approve Resolution No. 2022-49 of the City Council of the City of Willits authorizing the City Manager to negotiate a contract with Planwest Partners, Inc for a not to exceed amount of $260,364 and authorize the City Manager to Execute the Contract Documents.
b. Interpretation of Willits Municipal Code Chapter 5.28 – Peddlers Memorandum Presenting staff member: Community Development Director Duley Community Development Director Duley gave an update and answered Councils questions on his updated interpretation of Willits Municipal Code §5.28.010, which regulates the location of peddlers including mobile vendors and food Trucks.

No action taken.

Public Comment: None presented.
c. Vacant Commercial Building Update.

Presenting staff member: Community Development Director Duley.

Community Development Director Duley provided an update and answered Councils questions on the City Vacant Commercial Building Registration program.

No action taken.

Public Comment: None presented.

Willits City Council Minutes of July 27, 2022 Page 4 of 5

10. Department Monthly Reports
a. Airport – Airport Manager Moorhead reported that the Quarterly Tenant Meeting will be on July 28, 2022.
b. Community Development Department – Community Development Director Duly reported, Regional Planning team is hosting a meeting in Ukiah regarding regional housing goals on August 25, 2022. Requesting that a couple Councilmembers attend the meeting. City Building Inspector Davey Bowles reported that the vegetation abatement has been having good compliance with 90% of those that we have contacted complying. We were slow to start, next year we will start earlier. Mr. Bowles also reported that we now have the ability to have code enforcement requests submitted on the City Website.
c. Engineering – Public Works Director Herman reported that the PG&E project on East Side Road is complete, there will be no more traffic control until the California Conservation Corps (CCC) starts their project. The Blosser Lane project is ahead of schedule. Will have limited traffic control if not closures next week for drilling holes for trees.
d. Police Department – Chief Lizarraga reported that there are a few Dispatch, Community Service Officer (CSO) and Sargent candidates in background. We received a report back from the Department of Justice (DOJ) regarding our Racial Identity Profiling Act (RIPA) entries. Our total year to date number of stops reported equals 1,117, Chief Lizarraga is proud that out of the 1,117 there was only 3 errors noted by the DOJ. e. Public Works – No further questions.
f. Utilities – Public Works Director Herman reported that Centennial Reservoir is at 93% full capacity and is slightly spilling over.

No action taken.

11. City Council Announcements, Communications and Reports  Councilmember Gonzalez - League of California Cities (LCC) will meet at the end of August and he will be attending the LLC Conference in September.

Water-Wastewater Committee met on July 19th and received a briefing on the Ground Water program from Contract City Engineer Rod Wilburn and Public Works Director Scott Herman. The committee heard that the program is operating in compliance with the Operational Use Plan approved by the Council on April 13, 2022. Staff emphasized that the facility is working within design parameters. During the months of May and June it produced approximately six million gallons each month without any glitches.

Staff explained that production ceased at the end of June and the ground water at the Elias Well recovered nearly four feet. The facility is functioning without any problems within the scope of the Operational Use Plan. Staff will study this more and bring the findings back too Council with a full report in May 2023. Public Works Director Herman explained this will give us historical data, every year it may change given the need.

Councilmember Gonzalez added that from the Committee aspect everything seems to be working as planned, we didn’t see the sense to bringing it back at the moment. There were members of the public there that asked questions and for information that Public Works Director Herman or Contract City Engineer Wilburn was going to provide.  Councilmember Strong – Economic Development and Financing Corporation (EDFC) is wrapping up the investment made in Mendocino Wool Company, there were also a couple of fairly large loans that were approved. EDFC’s Loan Portfolio is going like gangbusters and EDFC is really proud of how many jobs they are retaining and creating Willits City Council Minutes of July 27, 2022 Page 5 of 5 by giving out these loans. The General Manager who is also the Loan Officer is very successful at vetting these loans and getting good compliance. Councilmember Strong believes they are at .6% at risk, the businesses are paying back their loans and they are all thriving.

Public Comment:

No action taken.

12. Good & Welfare
Councilmember Strong reminded the community of the Town Hall Meeting with Supervisor Haschak on August 4, 2022.

ADJOURNED TO CLOSED SESSION AT 9:02 PM

13. Closed Session Notice

a. Conference with Legal Counsel Pursuant to Government Code §54956.9 – Existing Litigation: Alexis Blaylock vs the City of Willits; Mendocino County Superior Court, Case No. 21CV00310.

Council reconvened to open session at 9:46 p.m. with no action to report from Closed Session.

14. Adjournment
Mayor Rodriguez declared the meeting adjourned at 9:46 p.m. _____________________________
SAPRINA RODRIGUEZ, Mayor
City Council for the City of Willits
ATTEST:
__________________________

CATHY MOORHEAD
Deputy City Manager/City Clerk
Item No. 9a
Meeting Date: August 10, 2022

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Rod Wilburn, City Engineer
Agenda Title: ADOPT A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR THE GROUNDWATER RESILIENCY IMPROVEMENT PROJECT, PHASE I, (PROJECT NO. 2022-03), AND AWARDING A CONSTRUCTION CONTRACT TO WAHLUND CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $466,880, CONTINGENT ON THE APPROVAL OF 401 & 404 PERMITS FOR THE

PROJECT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AND APPROVE CONSTRUCTION CHANGE ORDERS UP TO A CUMULATIVE TOTAL OF 10% OF THE TOTAL

CONTRACT AMOUNT
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time:

Summary of Request: Phase I of the Groundwater Resiliency Improvement Project includes the installation of 3600’ of 10” HDPE water main that will extend from the Elias Replacement Well to just north of the enhancement wetlands. The new pipeline will replace an existing 6” schedule 40 pipeline section that was originally installed for irrigation purposes. The rest of the raw groundwater pipeline was installed in 2014 during the Emergency Water Line Project. Replacing this portion of pipeline will bring the entire system up to current distribution standards.

The pipe will be installed by utilizing horizontal drilling technology to avoid impacts to sensitive wetland vegetation. Construction is scheduled to avoid impacts to nesting birds, which also coincides with the period in which the wetland area is the driest for ease of construction. LACO Associates and staff have been working with the U.S. Army Corps and the Regional Water Quality Control Board on obtaining 401 & 404 environmental permits for construction. The permitting agencies have indicated that it is highly probable that the city will receive the permits in time for construction this year.

LACO Associates prepared plans and specifications for the project in May, just following approval of the Initial Study/Mitigated Negative Declaration. At the City Council meeting on June 8, 2022, Council approved advertisement of the Groundwater Resiliency Improvement Project (Project No. 2022-03) and authorized Staff to enter the public bidding process.

The project was advertised for four weeks and on July 28, 2022, bids were publicly opened. The bids results were as follows:

01. Wahlund Construction, Inc. $ 466,880.00

02. Mercer-Fraser $ 495,800.00

03. Empire HDD $ 569,996.85
Staff performed a complete evaluation of the bids and concluded that Wahlund Construction, Inc. is the lowest responsive, responsible bidder. Wahlund Construction has extensive experience installing water main via open trench and trenchless methods. The recently completed California-Penn Water Main Replacement serves as an example. The City had a positive working relationship with Wahlund Construction on that project.

Since it is probable, but not guaranteed, that permits will be received in time for construction, staff recommends that the City Council award a construction contract to Wahlund Construction, Inc., for a not to exceed amount of $466,880, contingent on the approval of the 401 & 404 permits.

Sufficient funding is included in the FY22/23 budget to cover the cost of construction. The City received a Proposition 1 grant for $551,156 for the project. The grant covers preliminary engineering expenses, such as the preparation of bid documents, CEQA, and permitting, as well as construction and construction inspection costs. Some funds have been reimbursed to date; what remains will reimburse the cost of construction.

The final plans and specifications are attached for Council review and approval, along with the bid summary and resolution.

Recommended Action: By resolution, approve plans and specifications for the Groundwater Resiliency Improvement Project, Phase I (Project No. 2022-03), and approve an award of contract to Wahlund Construction, Inc., in an amount not to exceed $466,880 for the construction of said project, contingent on the approval of the 401 & 404 permits, and authorize the City Manager to execute the contract and approve construction change orders up to a cumulative total of 10% of the total contract amount.

Alternative(s): No alternatives are recommended at this time.

Fiscal Impact: The estimated cost of construction is $466,880, plus a 10% contingency. Construction engineering and inspection costs are estimated at $25,000, which brings the total estimated cost of the construction phase of this project to $538,568. Sufficient funds are budgeted in the FY22/23 budget for this project in Fund No. 503-5032. The Proposition 1 grant will reimburse the City for eligible costs related to preliminary engineering and construction phases of this project up to $551,156.

Personnel Impact: Staff time will be required to administer contracting and oversee construction and the consultants work managing the project.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ Bid Total

01. $ 466,880.00 APPARENT LOW BIDDER

02. $ 495,800.00

03. $ 569,996.85
Dated: 8/1/2022
Brandy Sanderson
Public Works Administrative Assistant
City or Willits
111 E. Commercial St.

Willits, CA 95490

CITY OF WILLITS
380 E. Commercial St., Willits, CA 95490
Voice: (707) 459-4605 Fax: (707) 459-2481
Public Works and Engineering Department
Engineer's Estimate:

Project Name: Groundwater Resiliency Improvement Project, Phase I

BID SUMMARY
2022-03
$ 482,000.00
Project Number:

Bid Opening Date: Thursday , July 28, 2022 at 10 a.m.

Mercer-Fraser
Bids for the aforementioned project were opened on Thursday, July 28, 2022 at 10:00 A.M. by Jeremy Ronco, Project Manager for the City of Willits.

Company
The bids contained bid security in accordance with the Notice Inviting Bids for this project. The bids will be reviewed by the City and a recommendation will be made to the City of Willits City Council during the Regular City Council Meeting on August 10, 2022 at 6:30 pm.

Other City of Willits representatives in attendance included Andrea Trincado, Project Manager and Brandy Sanderson, Public Works Administrative Assistant.

Three (3) bids were received. Said bids were from:

Empire HDD
Wahlund Construction, Inc.

The City of Willits will begin the bid review this week. We will make its best effort to release the name of the actual low bidder on or before August 5, 2022.
*corrected calculation error

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490 C0.1
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg

ABBREVIATIONS & LEGEND

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490 C0.2
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg

CIVIL GENERAL NOTES GENERAL NOTES AGGREGATE BASE CONCRETE FOUNDATION SPECIFICATIONS GRADING AND FILL SPECIFICATIONS MATERIAL COMPACTION SPECIFICATIONS WATER PIPING SPECIFICATIONS PIPE PRESSURE TESTING AND PIPE DISINFECTION SPECIFICATIONS UTILITY GENERAL NOTES BIOLOGICAL MITIGATION NOTES ······

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPELINE EXISTING CONDITIONS & DEMOLITION C1.0 PLAN VIEW N
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPE PLAN C2.0 PLAN VIEW
N
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPE PLAN AND PROFILE STA 01+00.00 TO 09+79.54 C2.1 PLAN VIEW N
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPE PLAN AND PROFILE STA 09+79.54 TO 19+68.48 C2.2 PLAN VIEW N
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPE PLAN AND PROFILE STA 19+68.48 TO 29+90.38 C2.3 PLAN VIEW N Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
PIPE PLAN AND PROFILE STA 29+90.38 TO 36+88.70 C2.4 PLAN VIEW N
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg BIOLOGICAL MITIGATION NOTES PLAN VIEW GENERAL NOTE:

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
EROSION AND SEDIMENT CONTROL PLAN C3.0 PLAN VIEW PLAN VIEW N
N N
CONCRETE WASTE MANAGEMENT 5 CONCRETE WASHOUT NOTES:

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490
EROSION AND SEDIMENT CONTROL DETAILS C3.1 SE-1 SILT FENCE DETAIL 1 SE-5 TYPICAL FIBER ROLL INSTALLATION DETAIL 2 GRAVEL BAG BARRIER 3 CONSTRUCTION ENTRANCE 4 ······ ····

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490 C4.1
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg INTERCONNECTION DETAILS WELL CONNECTION DETAIL 1" = 10' 8" PIPE CONNECTION DETAIL 1" = 10'

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490 C4.2
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg CIVIL DETAILS 1 TYPICAL GATE VALVE WITH VALVE BOX AND RISER TYPICAL TRENCH DETAIL N.T.S. THRUST BLOCK DETAIL PER CITY OF WILLITS DESIGN AND CONSTRUCTION STANDARDS N.T.S. CONNECTION TO ELIAS WELL STA: 1+00 N.T.S. DIRECTIONAL DRILL PIT BACKFILL N.T.S. STA: 1+00

HISTORY / REVISION
EUREKA ● UKIAH ● SANTA ROSA ● CHICO
CHK. RLW HCCNO. BY DATE
L
1-800-515-5054 www.lacoassociates.com
ACO CSC June 21, 2022 8509.08 DRAWN CHECK APPROVED DATE JOB NUMBER DRAWING

GROUNDWATER RESILIENCY IMPROVEMENTS PROJECT

CITY OF WILLITS
WILLITS, CA 95490 C4.3
Jun 27,2022-3:33pm
T:\Cadfiles\8500\8509.08 WILLITS GROUNDWATER PROJECT\DWG\ 8509.08_CIVIL_BASE.dwg CIVIL DETAILS 2 ABANDONED PIPE PLUG DETAIL N.T.S. 10" DIAMETER PIPE AND SMALLER PIPE TRANSITION: DR 11 HDPE TO C900 PVC N.T.S. CHAIN LINK FENCE N.T.S.

Bid Opening Date:

Bid Opening Time:

Location:

July 28, 2022
10:00 a.m.

City of Willits - Council Chambers
111 E. Commercial St.

Willits, CA 95490

CITY OF WILLITS

BID BOOK & TECHNICAL SPECIFICATIONS
This Bid Book and Others Books that and Made part of the Contract are:

Bid Book & Technical Specifications, Proposal Packet, and Award Packet (including Contract) for the:

GROUNDWATER RESILIENCY IMPROVEMENT
PROJECT – PHASE 1
City of Willits Project No. 2022-03
Also made part of the Contract are the project plans titled:

Groundwater Resiliency Improvement Project
The contractor shall possess a Class A license at the time this contract is awarded. Questions regarding this project should be directed to:

Andrea Trincado
City of Willits – Public Works Department
111 E. Commercial St.

Willits, CA 95490
Phone: (707) 459-7126
[email protected]
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
Groundwater Resiliency Improvement Project
Project No. 2022-03
NOTICE TO BIDDERS ........................................................................................................................................... 01 LIST OF SCHEDULED BID ITEMS ........................................................................................................................ 05 CITY OF WILLITS GENERAL PROVISIONS SECTION 01: INSTRUCTIONS TO BIDDERS

1.1 Definitions....................................................................................................................................07

1.2 Bidder’s Representations.............................................................................................................09

1.3 Pre-Bid Communication/Interpretation of the Bid Package..........................................................10

1.4 Pre-Bid Access to the Project Site...............................................................................................11

1.5 Bidding Procedure .......................................................................................................................11

1.6 Bid Protests .................................................................................................................................13

1.7 Award...........................................................................................................................................13

1.8 Pricing..........................................................................................................................................14

1.9 Quantities.....................................................................................................................................14

1.10 Substitution Of “Or Equal” Items..................................................................................................15

1.11 Subcontracting.............................................................................................................................15

1.12 Assignment..................................................................................................................................16

1.13 Bonds...........................................................................................................................................16

1.14 Labor Laws ..................................................................................................................................16 CITY OF WILLITS GENERAL PROVISIONS SECTION 02: SCOPE OF WORK

2.1 Project Description .....................................................................................................................17

2.2 Documents Furnished by City.....................................................................................................17

2.3 Ownership of Documents Furnished by City ..............................................................................17

2.4 Technical Specifications and Project Plans ................................................................................17

2.5 Pre-Construction Conference .....................................................................................................18 CITY OF WILLITS GENERAL PROVISIONS SECTION 03: CONTROL OF WORK AND MATERIAL

3.1 City Engineer’s Status ................................................................................................................18

3.2 Engineer’s Status .......................................................................................................................18

3.3 Inspection and Testing of Work and Material .............................................................................19

3.4 Samples Furnished by the Contractor ........................................................................................20

3.5 Materials and Substitutions ........................................................................................................20

3.6 Audit and Examination of Records .............................................................................................21

3.7 Advertising..................................................................................................................................21

3.8 Project Schedule ........................................................................................................................21

3.9 Construction Staking ..................................................................................................................22 CITY OF WILLITS GENERAL PROVISIONS SECTION 04: CHANGES IN WORK

4.1 City Directed Change Orders..................................................................................................... 22

4.2 Writing Requirement...................................................................................................................23

4.3 Contractor Proposed Change Orders.........................................................................................23

4.4 All Change Orders ......................................................................................................................23

4.5 Change Order Pricing.................................................................................................................23

4.6 Liability Under Unapproved Change Orders...............................................................................23

4.7 Changes Subject to Contract Documents...................................................................................23 PART I: City of Willits General Provisions
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
Groundwater Resiliency Improvement Project
Project No. 2022-03

4.8 Change Order Disputes..............................................................................................................24 CITY OF WILLITS GENERAL PROVISIONS SECTION 05: PROJECT FACILITIES

5.1 Work Site Offices........................................................................................................................23

5.2 City Rights of Access and Ownership.........................................................................................23 CITY OF WILLITS GENERAL PROVISIONS SECTION 06: PROSECUTION AND PROGRESS OF WORK

6.1 Liquidated Damages...................................................................................................................24

6.2 No Damage for Delay Beyond City and Contractor Control........................................................25

6.3 No Damage for Contractor Caused Delay ..................................................................................25

6.4 No Damage for Other Delay .......................................................................................................25

6.5 Delays Caused by the City and/or Its Privities............................................................................26

6.6 Weather Delays ..........................................................................................................................26

6.7 Delay Claims ..............................................................................................................................26

6.8 Contractor Coordination of the Work ..........................................................................................26 CITY OF WILLITS GENERAL PROVISIONS SECTION 07: CONTRACTOR’S RESPONSIBILITIES

7.1 Eligibility......................................................................................................................................27

7.2 Legal Address of Contractor.......................................................................................................27

7.3 Supervision of the Work .............................................................................................................27

7.4 Contractor's Superintendent.......................................................................................................27

7.5 Competent Employees ..............................................................................................................28

7.6 Items Necessary for Proper Completion of the Work..................................................................28

7.7 Construction Reports..................................................................................................................28

7.8 Subcontracting ........................................................................................................................28

7.9 Insurance .................................................................................................................................29

7.10 Indemnities .................................................................................................................................30

7.11 Licenses/Permits………………………………………………………………………………………...31

7.12 Preservation of Stakes and Marks..............................................................................................31

7.13 Assistance to Engineer...............................................................................................................31

7.14 Proof of Compliance with Contract .............................................................................................31

7.15 California Labor Code Requirements .........................................................................................32

7.16 Laws and Ordinances.................................................................................................................33

7.17 Cleaning Up................................................................................................................................34

7.18 Guaranty.....................................................................................................................................34

7.19 Safety ........................................................................................................................................34

7.20 Assignment of Unfair Business Practice Claims.........................................................................35 CITY OF WILLITS GENERAL PROVISIONS SECTION 08: MEASUREMENT AND PAYMENT

8.1 Description..................................................................................................................................35

8.2 Payment .....................................................................................................................................35

8.3 Non-Allowable Direct Charges....................................................................................................36

8.4 Retention ....................................................................................................................................37

8.5 Securities in Lieu of Retention....................................................................................................37

8.6 F.O.B. ........................................................................................................................................38 CITY OF WILLITS GENERAL PROVISIONS SECTION 09: PROJECT ACCEPTANCE AND CLOSEOUT

9.1 Occupancy...................................................................................................................................38 PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
Groundwater Resiliency Improvement Project
Project No. 2022-03

9.2 Work Completion and Final Inspection ........................................................................................38

9.3 Work Acceptance.........................................................................................................................38 CITY OF WILLITS GENERAL PROVISIONS SECTION 10: REMEDIES AND DISPUTES

10.1 Failure to Correct Work ..............................................................................................................39

10.2 Termination.................................................................................................................................39

10.3 Disputes......................................................................................................................................41

10.4 Litigation and Forum Selection ...................................................................................................43 TECHNICAL SPECS. SECTION 01: DEFINITIONS

1.1 Definitions................................................................................................................................. 43 TECHNICAL SPECS. SECTION 02: GENERAL

2.1 Description of Work .............................................................................................................................. 46

2.2 Order of Work....................................................................................................................................... 46

2.3 Submittals............................................................................................................................................. 46

2.4 Hours of Work....................................................................................................................................... 47

2.5 Safety …………………………………………………………………………………………………………...47

2.6 Water for Construction and Dust Control.............................................................................................. 48

2.7 Dust Control ......................................................................................................................................... 48

2.8 Protection of Existing Facilities and Property ....................................................................................... 49

2.9 Owner Notification ................................................................................................................................ 50

2.10 Emergency Service Providers Notifications........................................................................................ 50

2.11 Removal of Miscellaneous Items ........................................................................................................ 50

2.12 Utility Clearances................................................................................................................................ 51

2.13 Existing Utilities................................................................................................................................... 51

2.14 Relations with the California Regional Water Quality Control Board .................................................. 51

2.15 Temporary Erosion Control................................................................................................................. 52

2.16 Progress Schedule ............................................................................................................................. 53

2.17 Cooperation........................................................................................................................................ 53

2.18 Obstructions ....................................................................................................................................... 53

2.19 Clearing, Grubbing, and Disposal....................................................................................................... 54

2.20 Excavation.......................................................................................................................................... 56

2.21 Trench Excavation.............................................................................................................................. 57

2.22 Dewatering ......................................................................................................................................... 57

2.23 Drainage............................................................................................................................................. 58

2.24 Shoring, Sheeting, and Bracing .......................................................................................................... 58

2.25 Backfilling ........................................................................................................................................... 58

2.26 Stabilization and Bedding ................................................................................................................... 60

2.27 Trench Maintenance........................................................................................................................... 61

2.28 Disposal of Excess Material................................................................................................................ 61

2.29 Cleanup .............................................................................................................................................. 61

2.30 Compaction Testing............................................................................................................................ 61

2.31 Hydrostatic Testing............................................................................................................................. 62

2.32 Flushing and Disinfecting.................................................................................................................... 62 PART II: City of Willits Technical Specifications
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
Groundwater Resiliency Improvement Project
Project No. 2022-03

2.33 Concrete Thrust Blocks ...................................................................................................................... 63

2.34 Horizontal Directional Drilling…………………………………………………………………………………65

2.35 Special Provisions……………………………………………………………………………………………...67 PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
Groundwater Resiliency Improvement Project
Project No. 2022-03
TECHNICAL SPECS. SECTION 03: DETAILED DESCRIPTION OF BID ITEMS ITEM #1 - Mobilization, Insurance, and Permits................................................................................................ 70 ITEM #2 - Storm Water Pollution Prevention Plan ............................................................................................ 70 ITEM #3 - 10” DR-11 HDPE Water Main........................................................................................................... 71 ITEM #4 - Elias Well Connection Assembly ...................................................................................................... 76 ITEM #5 - 8” Gate Valve ................................................................................................................................... 79 ITEM #6 - Abandon Existing Water Pipe & Valve ............................................................................................. 80 ITEM #7 - Connect to Existing 8” Water Main ................................................................................................... 81 PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
1 Groundwater Resiliency Improvement Project
Project No. 2022-03

CITY OF WILLITS

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
PROJECT NO. 2022-03
NOTICE IS HEREBY GIVEN that Sealed bids for:

The work shown on the project plans entitled:

CITY OF WILLITS

PUBLIC WORKS DEPARTMENT

PROJECT PLANS
For:

Groundwater Resiliency Improvement Project, Phase I - Project No. 2022-03 This project includes the following work: For the purposes of upgrading an existing raw water transmission line, the project includes the installation of 3,600 feet of 10-inch DR-11 HDPE pipe using directional drilling and not open trenching; abandonment of the existing 6” raw water line in place; installation of a new 8-inch gate valve; connecting the new 10-inch HDPE to existing 8-inch C-900 PVC pipe at the new gate valve at the south end of the project; connecting the new 10-inch HDPE to an existing 6-inch gate valve at the Elias Replacement Well at the north end of the project; stormwater pollution prevention measures; and the abandonment of the existing 6-inch SCH40 raw water line in place.

The directional drilling methodology and mitigation measures identified in the plans and associated environmental documents are designed to reduce impacts to sensitive species of plants and animals in the project area.

IN
City of Willits, County of Mendocino, State of California &
The work described in specifications books entitled:

CITY OF WILLITS - BID BOOK & TECHNICAL SPECIFICATIONS

CITY OF WILLITS - PROPOSAL PACKET

CITY OF WILLITS - AWARD PACKET
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
2 Groundwater Resiliency Improvement Project
Project No. 2022-03

For:

Groundwater Resiliency Improvement Project, Phase I - Project No. 2022-03 IN
City of Willits, County of Mendocino, State of California will be received by a designated representative, of the City of Willits, County of Mendocino, State of California, until the hour of 10 a.m., July 28th, 2022, at which time they will be publicly opened and read aloud in the City Council Chambers, of the City of Willits, located at 111 East Commercial Street, Willits, California.

Bid forms for this work are included in a separate book entitled:

Proposal Packet For:

City of Willits
Public Works Department
Groundwater Resiliency Improvement Project, Phase I - Project No. 2022-03 Example award forms for this work are included in a separate book entitled:

Example Award Packet For:

City of Willits
Public Works Department
Groundwater Resiliency Improvement Project, Phase I - Project No. 2022-03 THE ENGINEER’S ESTIMATE OF PROBABLE COSTS IS: $ 482,000. 00 Key Dates:
 Pre-bid Meeting: July 18, 2022, 2:00 p.m. (meet at Public Works Yard)  Final Questions from Bidders: July 20, 2022
 Final Addendum Issued: July 25, 2022
 Bid Opening: July 28, 2022, 10 a.m.
 Project Start Date: August 30, 2022
 Project length: 45 calendar days
Interested bidders should contact the following in order to obtain electronic copies of plans and other bid documents:

Brandy Sanderson
Public Works Administrative Assistant
[email protected]
(707) 459-7143
Plans will be distributed electronically free of charge.

PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
3 Groundwater Resiliency Improvement Project
Project No. 2022-03

Hard copies of plans, specifications, and other bid documents are available by request for a non-refundable fee of $40.00.

Requests for hard copies should also be directed to Brandy Sanderson.

Plans and specifications are also available for review at the following Builders Exchange offices:

Construction Bidboard (Ebidboard)
11622 El Camino Real, #100
San Diego, CA 92130
Phone: 800-479-5314
Email: [email protected]
Website: www.ebidboard.com
Dodge Data & Analytics
830 Third Avenue, 6th Floor
New York, NY 10022
Phone: 877-784-9556
Email: [email protected]
Website: www.construction.com
Humboldt Builders Exchange
1213 5th Street
Eureka, CA 95501
(707) 442-3708
Website: www.humbx.com
North Coast Builders Exchange
1030 Apollo Way
Santa Rosa, CA 95407
707-542-9502
707-542-2027
Website: www.ncbeonline.com
Responsible bidders shall submit to the City complete, executed copies of all required documents listed in the Bid Book, at the time and place, and in the manner specified above.

In accordance with California Public Contract Code Section 20170, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the City, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten percent (10%) of the total of the bid price for the base bid and any additive or deductive items listed in this notice.

The successful bidder must then submit to the City complete, executed copies of all required documents listed in the Award Packet, within fourteen (14) calendar days after receiving the written Notice of Award, from the City Engineer, of the City of Willits, of the award of the project. Bidder’s Security of any successful bidder that fails to do so will be forfeited to the City. Such required documents include, but are not limited to, a payment or labor and materials bond in an amount of one hundred percent (100%) of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 3248, and a performance bond in an amount of one hundred percent (100%) of the amount payable by the terms of the contract. All project bonds must be executed by an admitted surety insurer in accordance with applicable law and acceptable to the City.

Pursuant to Section 1773 et seq. of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations.

These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD, and also from the City of Willits, Public Works Department, located at 380 E. Commercial St., Willits, CA 95490. The Federal minimum wage rates for this project that are predetermined by the United States Secretary of Labor may be examined at the offices described above. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of the Bid Book. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

Attention is directed to the Federal minimum wage rate requirements in the Bid Book. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
4 Groundwater Resiliency Improvement Project
Project No. 2022-03

by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination, otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.

A non-mandatory pre-bid conference is scheduled for July 18, 2022 at 2 p.m. on site, at the Public Works Yard at 380 E. Commercial St., Willits, CA. This meeting is to inform bidders of project requirements and to inform subcontractors of subcontracting and material supply opportunities. Bidders’ attendance at this meeting is not mandatory, but recommended. Minutes from the meeting will be distributed in an addendum on Monday, July 25, 2022.

Bids are required for the entire work described herein and the successful bidder will be required to furnishing all materials, equipment, labor, transportation, light, power, water, and services required to accomplish all improvements shown on the Project Plans, whether specified and/or implied or required to attain the completed conditions contemplated in the design, by the Engineer.

All work shall conform to the City of Willits, County of Mendocino, or State of California, Department of Transportation, Standard Plans and Specifications, current edition and all work must be done in accordance in with the Bid Book, Technical Specifications, Proposal Packet, Award Packet, Contract, and Project Plans for the:

Groundwater Resiliency Improvements Project - Project No. 2022-03 The contractor shall possess a Class A license at the time this contract is awarded.

This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest.

CITY OF WILLITS: s/Delores Pedersen, City Clerk
DATED: 06/30/22
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
5 Groundwater Resiliency Improvement Project
Project No. 2022-03

Below is a list of the scheduled bid items:

NO. ITEM DESCRIPTION EST.

QUANTITY UNITS
1 Mobilization & Permits 1 LS
2 Storm Water Pollution Prevention 1 LS
3 10” DR- 11 HDPE Water Main 3,600 LF
4 Elias Well Connection Assembly 1 EA
5 8” Gate Valve 1 EA
6 Abandon Existing Water Line In Place 1 LS
7 Connect to Existing 8” Water main 1 LS
PART I, SECTION 10: REMEDIES AND DISPUTES
6 Groundwater Resiliency Improvement Project
Project No. 2022-03

PART I: CITY OF WILLITS GENERAL PROVISIONS
PART I, SECTION 10: REMEDIES AND DISPUTES
7 Groundwater Resiliency Improvement Project
Project No. 2022-03

1.1 DEFINITIONS:
a. Bid Book: The Bid Book is comprised of the following documents and is made part of the contract:
 City of Willits General Provisions  Proposal Packet
 Notice to Bidders  Award Packet
 City of Willits Technical Specifications  City of Willits Project Plans b. Proposal Packet: The Proposal Packet is comprised of the following documents are made part of the contact. These documents are provided in a separate packet and shall be constitute your proposal. c. Award Packet: The award packet is comprised of the documents and is made part of the contract. Each bidder has received an award packet which shall serve as information only. The actual award packet will be provided to the lowest responsive, responsible bidder and said bidder shall comply with all terms and conditions set forth within.
d. Contract documents: The contract documents refer to all of the documents incorporated into the final Project contract as listed in the contract.
 Bidders Representations  Bidder’s List of Subcontractors  Bidder’s Check List  Workers Comp. Insurance Certification  Authority to Sign Bid Proposal  Public Contract Code Section 10162 Questionnaire
 Statement of Experience of Bidder  Public Contract Code Section 10232 Statement  Contractor’s Proposal and Schedule of Bid Prices  Equal Employment Opportunity Certification  Acknowledgment of Addenda  Noncollusion Affidavit
 A Signed Copy of Each Addenda signature page
Issued During the Advertisement Period  Debarment and Suspension Certification  Bidder’s Surety Bond  Acknowledgement of Encroachment Permit  Contractor License Information  Bidder’s Inquiry Form  Contract  Insurance Endorsements *
 Contract Check List  Contractor’s Safety Plan **
 Performance Bond  IRS W-9 Reporting Form
 Payment Bond
 Construction Contract  Water Pollution Control Plan**  Certificates of Insurance *
*Form to be provided by contractor or contractor’s agencies. ** No example provided contractor responsible for document.

The forms provided in this packet are for information only; however, each bidder is responsible for understanding the terms they required if selected as the lowest bidder. The actual award packet will be provided to the lowest bidder upon review of the bid. The lowest bidder will be responsible for submitting the documents within the award packet within fourteen (14) calendar days after receiving the notice of award.

PART I, SECTION 10: REMEDIES AND DISPUTES
8 Groundwater Resiliency Improvement Project
Project No. 2022-03

e. Project: The Project is the Groundwater Resiliency Improvement Project– Phase 1 - Project No. 2022-03, as described in the Bid Book.
f. Project Plans: The Project Plans are the primarily graphic detailed requirements concerning the Project and they are contained in the bid package.
g. Agreement: The agreement between the City and Contractor concerning the Project, as evidenced by and comprised of the Contract Documents.
h. Designer or Engineer: Refers to the City Engineer who responsible for the Plans and Specifications and any modification thereof.
i. City: The City of Willits.
j. Contractor: The successful bidder for the Project and party to the Project agreement with the City as specified in the Project agreement.
k. Days: Days means working days of Monday through Friday; however, weekend work will be permitted with prior authorization by the City.
l. City Engineer/Public Works Director: The City’s authorized representative for administration and overall management of the Project agreement and Work. The City Engineer is the official point of contact between the City and the Contractor.
m. Project Inspector: The party or parties charged by the City with inspecting the Work for compliance with the requirements of the Contract Documents and applicable laws and regulations. The Project Inspector acts under the direction of the City and shall coordinate with the City Engineer as directed by the City in accordance with the Contract Documents.
n. Subcontractor: A person, firm or corporation that is obligated as a party to a contract with the Contractor to perform part of the Project work. For purposes of these General Provisions Subcontractors include, but are not limited to, those that are obligated as parties to a contract with the Contractor to specially fabricate and install a portion of the Project Work according to the Technical Specifications and/or Project Plans. o. Work: The furnishing of all equipment, tools, apparatus, facilities, material, labor and skill necessary to perform and complete in a good and workmanlike manner the Project as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law. p. Written Notice: Will be deemed to have been duly served for purposes of these General Provisions and any agreement of which they are a part if delivered in person to the individual or to a member of the firm or to any office of the corporation for whom the notice is intended, or if sent by registered or certified mail to the last known business address known to the party giving notice. Unless otherwise specified in the Contract Documents, the last known address of the Contractor shall be that listed in the Contractor’s completed Proposal and Schedule of Bid Prices.

PART I, SECTION 10: REMEDIES AND DISPUTES
9 Groundwater Resiliency Improvement Project
Project No. 2022-03

q. Technical Specifications: The detailed Project requirements contained in the Bid Package and any addenda to the Technical Specifications signed by authorized City representatives and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor in accordance with the requirements of the Contract Documents. The Technical Specifications provide detailed requirements concerning the Project and any technical provisions related thereto. The Technical Specifications are part of the contract documents and they are contained in the bid package.

1.2 BIDDER'S REPRESENTATIONS:

Each bidder by submitting a bid represents that:
a. Bidder has thoroughly examined and carefully studied the all documents and other related data identified in the bidding documents.
b. Bidder has visited the Site 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. Bidder is familiar with and is satisfied with all Federal, State, and Local laws and regulations that may affect cost, progress, and performance of the Work.
d. Bidder has obtained and carefully studied (or accepts the consequences for not doing so), all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions of surface and subsurface at or contiguous to the Site, which may affect cost, progress, or performance of the work. Bidder understands all aspects related to the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying said means, methods, techniques, sequences and procedures of construction as specified by the bidding documents, and agrees to take the safety precautions and programs related thereto. e. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work, at the price(s), and within the times, and in accordance with all terms and conditions of the bidding documents. f. Bidder is aware of the general nature of work to be performed by City and all others at the site that relate to the work as indicated in the bidding documents.
g. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the bidding documents, and all additional examinations, investigations, explorations, tests, studies, and data with the bidding documents. h. Bidder has given City or representative of City, written notice no later than seven (7) working days prior to bid opening, of all conflicts, errors, ambiguities, or discrepancies, that bidder has discovered in the bidding documents, and the written resolution thereof by City or representative of City, is acceptable to Bidder.

PART I, SECTION 10: REMEDIES AND DISPUTES
10 Groundwater Resiliency Improvement Project
Project No. 2022-03

i. The bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this bid is submitted. j. Bidder will submit written evidence of its authority to do business in the state where the project is located not later than the date of its execution of the contract. k. This Sealed Bid is submitted to: The City of Willits, 111 East Commercial St., Willits, CA 95490 l. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with City under the terms outlined in the contract which was included in the bidding documents. Bidder also agrees, to perform all work as specified or Indicated in the bidding documents for the prices, and within the times indicated in this Bid, and in accordance with all other terms and conditions delineated in the general conditions, special conditions, technical specifications, project plans, and all applicable laws.

Each bidder by submitting a bid acknowledges that:
a. Bidder accepts all terms and conditions of the Instruction to Bidders, including without limitation, those related to Bid Security. This Bid will remain subject to acceptance for 30 days after bid opening, or for such longer period of time that Bidder agrees to in writing upon request of City.

Each bidder further represents that:
a. THIS BID IS GENUINE and is not made in the interest of or on behalf of any undisclosed individual or entity and is submitted in conformity with any agreement or rules of any group, association, organization, or corporation.
b. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or Shame Bid. c. Bidder has not solicited or induced any individual or entity to refrain from bidding, and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over City. d. Neither the bidder nor any subcontractors included on the list of proposed subcontractors submitted with the bid are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7.
e. Bidder will complete the work in accordance with the bid proposal provided herein.

1.3 PRE-BID COMMUNICATION / INTERPRETATION OF THE BID PACKAGE:
a. Any bidder that discovers any apparent conflicts, errors, or ambiguities contained in the bid package or between the contents of the bid package and the Project site, or that has questions or requires clarification concerning the bid package or its intent must inform the City in writing as soon as reasonably possible, but no later than July 20, 2022. Such notice to the City must be directed to for questions concerning the bid package. Questions received after the deadline will not be answered.

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b. Any interpretation, correction, or change of the bid package prior to bid opening will be made by addendum, signed by an authorized representative of the City, and transmitted to all Bid Book recipients. All questions must be received in writing and bidders MUST use the Bidder’s Inquiry form provided in the back of the Proposal Packet to submit questions.
c. Bidder’s Inquiry Form should be either emailed, faxed, or mailed to:

Attention: Andrea Trincado
111 E. Commercial St.

Willits, CA 95490
Email: [email protected]
Fax: (707) 459-2481
d. No other interpretation or information concerning the Bid Book issued prior to the date specified for opening bids will be binding. All addenda signed by an authorized representative of the City and issued prior to the time and date specified for opening bids will form a part of the contract documents and must be acknowledged on the bid forms.

Any changes, exceptions, or conditions concerning the Project and/or the bid package submitted by any bidder as part of a bid may render that bid non-responsive.

1.4 PRE-BID ACCESS TO THE PROJECT SITE:
a. Prior to submitting a bid, it will be the sole responsibility of each bidder to conduct any additional examination, investigation, exploration, test, study or other inquiry and to obtain any additional information pertaining to the physical conditions (including surface, subsurface, and underground utilities) at or near the Project site that may affect the cost, progress, or performance of the Project, and that the bidder deems are necessary to prepare its bid for performance of the Project in accordance with the bid package and contract documents. Bidders seeking any such additional examination or other inquiries or information concerning the Project will do so at the bidder’s sole expense.
b. Bidders seeking to conduct any additional examination or other inquiry at the Project site must request site access from the City at least two (2) working days in advance. The location of any excavation, boring or other invasive testing will be subject to approval on behalf of the City and any other agencies with jurisdiction over such testing.

Bidders may not conduct tests at the Project site prior to obtaining City approval. The City may require bidders to execute an access agreement prior to approving testing at the Project site. Once approved testing is complete, Bidders must fill all trenches or holes, restore all pavements to match existing structural section, and otherwise clean up and restore the test site to its pre-test condition.

1.5 BIDDING PROCEDURE:
a. Sealed bids must be delivered to the City of Willits, 111 East Commercial Street, Willits, California 95490, no later than the time and date specified in the Notice to Bidders. Bids will be opened and read publicly at that time. Bids that are submitted late according to the official time kept by the City Clerk or a designee will be returned unopened.

Telephones for use by bidders are not available at the City offices. b. In accordance with California Public Contract Code Section 20170, bids must be presented under sealed cover.

Bids must be submitted using the bid forms furnished with the Proposal Packet. Bids must include all documents listed in the Bidder’s Check List completed in accordance with the bid package. Bids must bear the bidder’s legal name and be signed by a representative legally authorized to bind the bidder. Bids must be typed or written in ink. Corrections may be made if initialed by the individual signing the bid. No oral or telegraphic PART I, SECTION 10: REMEDIES AND DISPUTES
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modifications of bids, including facsimile modifications, will be considered. Bids that are incomplete or that are not presented on the bid forms furnished with the bid package may be deemed non-responsive. c. Each bid must give the full business name and address of the bidder. Bids of partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership, or by an authorized representative, followed by the printed name and title of the person signing. Bids of corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president, secretary, or other person authorized to bind the corporation. The name of each person signing shall also be typed or printed below the signature. Upon request of the City, bidders will furnish satisfactory evidence of the authority of the person signing the bid. Bids of joint ventures must include a certified copy of the legal agreement constituting the joint venture. d. No person, firm, corporation, partnership, or legal joint venture may submit more than one bid for the Project.

However, a person, firm, corporation, partnership, or legal joint venture that has submitted a subcontract proposal to a bidder, or that has quoted prices on materials to a bidder may submit a subcontract proposal, quote prices to other bidders and submit its own bid.
e. In accordance with California Public Contract Code Section 20170, all bids must include one of the forms of bidder’s security specified in the Notice to Bidders in an amount of at least ten (10) percent of the total of the bid prices for the base bid and those additive or deductive items specifically identified in the Notice to Bidders for the purpose of determining the lowest price bid. Bidders that elect to provide bidder’s security in the form of a bid bond must execute a bid bond using the form provided in the bid forms. The bidder’s security is tendered as a guarantee that the successful bidder, if awarded the Project contract, will execute and submit to the City all required bonds, certificates of insurance, completed contract forms and other documents listed in the Contract Check List and enter into a contract with the City within fourteen (14) calendar days of receipt of the Notice of Award. The bidder’s security of any successful bidder that fails to do so will be forfeited to the City. All bidders’ security not forfeited to the City will be returned once a successful bidder provides all required documents and enters a contract with the City in accordance with all applicable bid package requirements. Forfeiture of the bidder’s security to the City will not waive or otherwise limit any other remedy available to the City under applicable law. f. In accordance with California Business and Professions Code Section 7028.15, Public Contract Code Section 20103.5 and as specified in the Notice to Bidders, all Project work must be performed by properly licensed contractors and subcontractors with active licenses in good standing as of the date and time specified for bid opening, or, if the Project involves federal funds, no later than the time the Project contract is awarded. Bidders must verify their Contractor’s License number and license expiration date on the bid forms cover page under penalty of perjury. Bids that do not satisfy applicable licensing requirements will be considered non-responsive and rejected and may subject the bidder to criminal and/or civil penalties. g. If the bid forms include a bidder’s questionnaire; all bids must include a completed bidder’s questionnaire on the forms provided. By submitting a bid, bidders authorize City representatives to verify any and all information provided on the bidder’s questionnaire and agree to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers to full the extent permitted by law from and against any claims, liability or causes of action, including, without limitation, legal fees and costs, arising out of verification of the information provided on the bidder’s questionnaire, and/or arising out of use of information provided in the bidder’s questionnaire to determine, in accordance with applicable law, the qualification of the bidder for performing the Project.
h. Bids may be withdrawn prior to the time set for bid opening by a written request signed by an authorized representative of the bidder filed with the City Clerk. The bid security submitted with bids so withdrawn will be PART I, SECTION 10: REMEDIES AND DISPUTES
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returned to the bidder. Bidders that have withdrawn their bid in accordance with this provision may submit a new bid prior to the time set for bid opening in accordance with all applicable bid package requirements. Bids may not be withdrawn during the ninety day period after the time set for bid opening except as permitted by law pursuant to California Public Contract Code Section 5100 and following. Any other bid withdrawal will result in forfeiture of the bidder’s bid security to the City.

1.6 BID PROTESTS:
a. Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening. b. The initial protest must contain a complete statement of the basis for the protest. c. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.
d. The party filing the protest must concurrently transmit a copy of the initial protest to the proposed awardees. e. The party filing the protest must have actually submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
f. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
g. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

1.7 AWARD:
a. In accordance with applicable law, the City reserves the right to reject any or all bids, and to waive any informality in any bid. The City reserves the right to accept any portion of any bid, unless the bid package expressly provides that the award will be made as a whole. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid without consideration of the bid price for any additive or deductive alternate items listed in the Notice to Bidders. In accordance with the contract documents and other applicable law, the City may add or deduct items of work from the Project after the lowest responsible bidder is determined. The award, if made, will be made within thirty (30) days after the opening of the bids, or such other time as agreed to in writing.

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b. The successful bidder must submit to the City complete, executed copies of all documents specified in the Contract Checklist within fourteen (14) calendar days of receiving written Notice of Award of the Project.

After execution by the City, one copy shall be filed with the City, and one copy shall be returned to Contractor. A Bidder’s security of any successful bidder that fails to do so will be forfeited to the City. c. The successful bidder and any subcontractors and others engaged in performance of the Project must have valid local business license(s), as applicable, before commencing work on the Project. d. Upon verifying that the successful bidder has provided complete, executed copies of all documents specified in the Contract Checklist an authorized City representative will execute the Project contract, and the City will issue to the successful bidder a Notice to Proceed, specifying the Project commencement date. The number of days within which the Project must be complete begins on August 30, 2022.

1.8 PRICING:
a. If an inconsistency exists between the amount listed for a unit price in a bid and the total listed for that bid item (e.g., if the total listed for a bid item does not equal the unit price listed in the bid multiplied by the quantity listed), subject to applicable law, the unit price will be deemed to accurately reflect the bidder’s intent concerning the bid item and the intended total for the bid item will be deemed to be the unit price as listed in the bid multiplied by the quantity listed.
b. If the Project bid price is a lump sum total made up of smaller individual bid item prices and an inconsistency exists between the lump sum total bid price and any individual bid item price, subject to applicable law, the individual bid item prices as listed in the bid will be deemed to accurately reflect the bidder’s intended bid for the Project and the intended lump sum total bid for the Project will be deemed to be the sum of the individual bid item prices as listed in the bid, even if that sum is different from the amount actually listed as the lump sum total bid for the Project. c. Any federal, state, or local tax payable on articles to be furnished for the Project shall be included in the lump sum total bid price and paid by the Contractor under the contract. The City is exempt from federal excise tax and will provide a certificate of exemption to the successful bidder upon request.

1.9 QUANTITIES:
a. Quantities, including but not limited to, material or labor quantities, that are provided in the Proposal Book and Bid Book concerning the Project are estimates only and are provided solely as a general indication of the Project scope. The City does not warrant that such quantity estimates provided in the bid package represent the actual quantities required to perform the Project in accordance with the contract documents. Such quantity estimates do not bind the City, and bidders should not rely on them in preparing their bids. Each bidder is solely responsible for determining the quantities on which to base their bids in light of information contained in the bid package, bidder investigation and analysis of the Project and the Project site, and any other analysis or expertise of the bidder concerning the Project.
b. The City may amend, decrease, or increase the Project work in accordance with the Bid Book and the contract documents. If the City amends, decreases, or increases the Project work prior to award of the Project each bidder will be solely responsible for determining the revised quantities, if any, on which to base their bid in light of information contained in the Bid Book and any amendments or addenda to the Bid Book, bidder investigation and PART I, SECTION 10: REMEDIES AND DISPUTES
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analysis of the Project as amended, decreased or increased, the Project site, and any other analysis or expertise of the bidder concerning the Project.

1.10 SUBSTITUTION OF “OR EQUAL” ITEMS:
a. In accordance with California Public Contract Code Section 3400, where the Technical Specifications or Project Plans list products by manufacturer's name, brand or model number such information indicates the quality and utility of the items desired and does not restrict bidders to that manufacturer's name, brand or model number, unless the Technical Specifications or Project plans specify that the listed product is necessary to match others in use on a particular public improvement either completed or in the course of completion. Except where the Technical Specifications indicate that a particular brand product is necessary to match others in use, when a manufacturer’s name, brand or model number is listed, it shall be construed to be followed by the words "or equal" whether or not those words in fact follow the manufacturer’s name, brand name or model number listed in the Technical Specifications or Project Plans. Unless the Technical Specifications or Project Plans indicate that a particular brand product is necessary to match others in use, bidders may propose equals of products listed by manufacturer name, brand name or model number.
b. Complete information for products proposed as equals must be submitted to the City for review at least seven (7) working days before the time specified for opening bids. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer’s name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, and appearance, ease of maintenance and repair, and useful life requirements. Proposals concerning products proposed as equals that are submitted less than seven (7) working days before the time specified for opening bids will not be considered. Failure to bid products specified by manufacturer name, brand name or model number where the Technical Specifications or Project Plans specify that a particular product is necessary to match others in use, or where no proposal concerning products proposed as equals has been submitted in accordance with this provision may render a bid non-responsive.

1.11 SUBCONTRACTING:
a. Bids must be in accordance with the requirements of the Subletting and Subcontracting Fair Practices, Act, California Public Contract Code Section 4100 and following. Bids must include a completed list of proposed subcontractors on the form included in the Bid Book. In accordance with California Public Contract Code Section 4104, completed lists of proposed subcontractors must include the name, business location, state license number, the portion (type or trade), and dollar amount of the Project work to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in excess of one half of one percent of the total Project bid price. If the Project work includes construction of streets or highways, the completed list of proposed subcontractors must include the subcontractor name, business location, type of work and dollar amount to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in excess of one half of one percent of the total Project bid price, or ten thousand dollars ($10,000), whichever is greater. b. In accordance with California Public Contract Code Section 4106, for any portion of the Project work with a value of more than one half of one percent of the total Project bid price for which no subcontractor is listed, or for which more than one subcontractor is listed, bidders certify by submitting their bids that they are qualified to perform that portion of the Project work and that they will perform that portion of the Project work with their own forces. Bidders may not substitute another subcontractor for a subcontractor listed in their bid except as permitted by the City in accordance with Section 4107 and following of the California Public Contract Code.

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1.12 ASSIGNMENT:
a. Bidders may not assign, sublet, sell, transfer, or otherwise dispose of their bid or any right, title or interest in their bid, or their obligations under their bid, without the written consent of an authorized representative of the City. Any purported assignment, subletting, sale, transfer or other disposition of a bid or any interest in a bid, or of any obligations under a bid without such written consent will be void and of no effect.

1.13 BONDS:
a. The successful bidder must submit to the City a performance bond within fourteen (14) calendar days of receiving written Notice of Award. If the Project involves expenditures in excess of twenty-five thousand dollars ($25,000), the successful bidder must submit to the City a payment or labor and materials bond within fourteen (14) calendar days of receiving written Notice of Award. Prior to issuance of the final Project payment, the successful bidder must submit a defective material and workmanship bond. All bonds must be executed by corporate sureties who are admitted surety insurers in the State of California in accordance with applicable law and acceptable to the City.

Individual sureties will not be accepted. All Project bonds must be executed using the forms provided in the Proposal Book.
b. In accordance with California Civil Code Section 3247, the payment or labor and materials bond must be in the amount of one hundred percent of the total amount payable by the terms of the Project contract and guarantee payment to persons listed in California Civil Code Section 3181 for work performed and for charges for materials, supplies, and equipment provided under the Project contract (including amounts due under or subject to the Unemployment Insurance Code) in accordance with the requirements of California Civil Code Section 3248. c. The performance bond must be in the amount of one hundred percent of the amount payable by the terms of the Project contract to guarantee the faithful performance of the Project work. d. The defective material and workmanship bond must be in the amount of five percent of the final Project contract amount and guaranty the Project work against defects in materials, equipment, workmanship, or needed repair for two years from the City’s acceptance of the Project work.

1.14 LABOR LAWS:
a. Bidders must comply with applicable provisions of the California Labor Code. b. In accordance with California Labor Code Section 1861, bids must include a worker’s compensation insurance certification on the form included in the bid package.
c. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project. d. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing PART I, SECTION 10: REMEDIES AND DISPUTES
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rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Project is to be performed for each craft, classification or type of worker needed to perform the Project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City offices and will be made available on request.
e. In accordance with California Labor Code Section 1777.1, contractors and subcontractors that are found guilty of willfully violating Chapter 1 of Part 7 of Division 2 of the Labor Code (except for Section 1777.5), or that are found guilty of such violations with intent to defraud, and entities in which such contractors or subcontractors have any interest, may be ineligible to bid on, be awarded, or perform Project work as a subcontractor.

2.1 PROJECT DESCRIPTION:
a. For the purposes of upgrading an existing raw water transmission line, the project includes the installation of 3,600 feet of 10-inch DR-11 HDPE pipe using directional drilling and not open trenching; abandonment of the existing 6” raw water line in place; installation of a new 8-inch gate valve; connecting the new 10-inch HDPE to existing 8-inch C-900 PVC pipe at the new gate valve at the south end of the project; connecting the new 10-inch HDPE to an existing 6-inch gate valve at the Elias Replacement Well at the north end of the project; stormwater pollution prevention measures; and the abandonment of the existing 6-inch SCH40 raw water line in place. The directional drilling methodology and mitigation measures identified in the plans and associated environmental documents are designed to reduce impacts to sensitive species of plants and animals in the project area.

2.2 DOCUMENTS FURNISHED BY CITY:
a. The City will furnish to the Contractor, free of charge five (5) sets of prints of the Project Plans and Technical Specifications for execution of the Work. Throughout the performance of the Work the Contractor must keep one copy of the Project Plans and Technical Specifications in good order and available for review by the City Engineer, the Designer, and any other City contractors or representatives.

2.3 OWNERSHIP OF DOCUMENTS FURNISHED BY CITY:
a. All documents furnished by the City, including, but not limited to, the Technical Specifications, Project Plans, and any copies, are the property of the City. Documents furnished by the City may not to be used on any other work.

All documents furnished by the City must be returned to City upon completion of the Work.

2.4 TECHNICAL SPECIFICATIONS AND PROJECT PLANS:
a. The Technical Specifications and Project Plans are complementary and intended to mutually describe the Work necessary to complete the Project in accordance with the Contract Documents. b. In general, the Project Plans indicate dimensions, position and kind of construction, and the Technical Specifications indicate qualities and methods. Any Work indicated on the Project Plans and not mentioned in the Technical Specifications or vice versa must be furnished as though fully set forth in both. Work that is not particularly detailed, marked, or specified shall be the same as similar Work that is detailed, marked, or specified.

The Contractor must furnish items necessary for the operation of equipment depicted in the Project Plans or specified in the Technical Specifications that are suitable to allow such equipment to function properly at no extra charge.

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c. All work shown on the Project Plans, the dimensions of which are not figured, shall be accurately followed to the scale which the plans are made, but figured dimensions in all cases to be followed, where given, though they differ from scaled measurements. Large-scale plans shall be followed in preference to small-scale plans. d. The Contractor must notify the City Engineer as soon as possible of any apparent errors or inconsistencies, including, but not limited to, typographical or notational errors in the Project Plans, Technical Specifications, and/or in work done by others affecting the Work. The City Engineer will issue instructions concerning any such apparent errors or inconsistencies. If the Contractor proceeds with Work impacted by apparent errors or inconsistencies without instructions from the City Engineer, the Contractor shall do so at its sole risk and shall have all of the obligations and the City shall have all of the rights and remedies specified in Section 12 concerning any resulting damage or defect.
e. The General Provisions apply with equal force to all of the Work, including extra work authorized by the City Engineer in accordance with the Contract Documents. The Contractor must submit any required shop diagrams and/or drawings by the times and in the quantities indicated in the Technical Specifications. Any such shop diagrams and/or drawings must show completely the Work to be done, expanding on the Project Plans concerning details not previously shown, field conditions and the condition of the Work. City Engineer review of such shop diagrams and/or drawings will concern conformance with the requirements of the Contract Documents only. The City Engineer assumes no responsibility for the correctness or accuracy of the dimensions or any other contents of any shop diagrams and/or drawings submitted by the Contractor. The Contractor must check all dimensions at the Work site. Shop diagrams and/or drawings must be clearly marked with the name of the Project and the name of the Contractor, subcontractor or supplier making the submittal, and must be stamped and signed by the Contractor and submitted under a signed transmittal letter from the Contractor certifying that all dimensions have been checked at the Work site. These requirements are mandatory. The City Engineer will not review shop diagrams and/or drawings that do not satisfy these requirements. The Contractor will be responsible for any and all discrepancies between dimensions of the actual Project site and/or Work and those shown on shop diagram and/or drawings submitted by the Contractor, and for any other errors contained in or resulting from such shop diagrams and/or drawings, including, but not limited to, errors in material and/or equipment quantities and any resulting errors, delays or additional cost in the performance of the Work. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 10 concerning any discrepancies or errors in shop diagrams and/or drawings submitted by the Contractor, and concerning any resulting errors, delays or additional costs in the performance of the Work.

2.5 PRE-CONSTRUCTION CONFERENCE:
a. Prior to the issuance of the Notice to Proceed, a non-mandatory pre-construction conference will be held at the City of Willits Engineering Office at 380 E. Commercial St., Willits, CA 95490 at time to be agreed upon by the City Engineer and Contractor. The meeting shall be for purpose of discussing with the Contractor the scope of work, Contract drawings specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major sub-Contractors.

3.1 CITY ENGINEER’S STATUS:
a. The City Engineer will administer the Project in accordance with the Contract Documents. After execution of the agreement and issuance of the Notice to Proceed, all correspondence and/or instructions concerning the Project between the Contractor and/or City shall be forwarded through the City Engineer. Except as otherwise provided in the Contract Documents, the City Engineer will not be responsible for and will not have control or charge of PART I, SECTION 10: REMEDIES AND DISPUTES
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construction means, methods, techniques, or procedures or for safety precautions in connection with the Work.

The City Engineer, however, will have authority to reject materials and/or workmanship that do not conform to the requirements of the Contract Documents. The City Engineer will also have the authority to require inspection or testing of the Work.

3.2 ENGINEER’S STATUS:
a. The Engineer will advise the City Engineer concerning decisions on all claims of the Contractor and all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer will also advise the City Engineer concerning Work that does not conform to the Contract Documents.

Whenever, in the Engineer’s opinion, it is necessary or advisable in accordance with the Contract Documents, the Engineer may recommend to the City Engineer inspection or testing of the Work, whether or not such Work is then fabricated, installed or completed.

3.3 INSPECTION AND TESTING OF WORK AND MATERIAL:
a. Quality Assurance Program: All material and workmanship shall be in conformance with the most current City of Willits Quality Assurance Program (QAP), located at the Public Works Departments’ office. The QAP is a sampling and testing program that provides assurance for materials and workmanship in conformance with this Bid Book. b. Source of Supply and Quality of Materials: The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City. Only materials conforming to the requirements of the Specifications shall be incorporated in the work.

The materials furnished and used shall be new, except as may be provided elsewhere in these Specifications or the Plans. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the Plans and Specifications. Manufacturers’ warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the City Engineer before commencement of the work.
c. Samples and Tests: Sampling and testing shall be the responsibility of the City for all initial materials testing; however, the Contractor will be responsible for any failed tests. All testing shall conform to the City’s QAP and the Plans and Specifications.
d. At the option of the City Engineer, the source of supply of each of the materials shall be approved by the City Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the City Engineer. e. All tests of material furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these Specifications and the City’s QAP.

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f. The Contractor shall furnish such samples of materials as are requested by the City Engineer, without charge. No material shall be used until it has been approved by the City Engineer. Samples will be secured and tested whenever necessary to determine the quality of material as required in the City’s QAP.

3.4 SAMPLES FURNISHED BY THE CONTRACTOR:
a. The Contractor must furnish all samples for approval as directed in sufficient time to permit the Designer or City Engineer to examine, approve and select samples before they are required by the progress of the Work. Portions of the Work for which samples are required and for which the Designer or City Engineer has selected samples must be in accordance with such approved samples. Samples must be sent prepaid to the office of the City Engineer or to such place as the City Engineer may direct.

3.5 MATERIALS AND SUBSTITUTIONS:
a. Materials used for the Work must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials.
b. Price, fitness and quality being equal, preference should be given by Contractor for supplies grown, manufactured, or produced in the State of California and next to such products partially produced in this State in accordance with Government Code Section 4332.
c. If the Contractor submitted complete information to the City Engineer for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or furnish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer’s name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by manufacturer’s name, brand or model number, or otherwise. d. During the performance of the Work, all materials must be neatly stacked, properly protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work. Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for damage or loss of materials delivered to and/or stored at the Work site due to weather or other causes. The Contractor must promptly remove from the Work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non-conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re-execute Work performed by the Contractor and order the replacement and re-execution of Work performed by subcontractors using non-conforming materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all Work destroyed or damaged by such removal. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are PART I, SECTION 10: REMEDIES AND DISPUTES
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specified in Section 10 concerning any failure by the Contractor to replace or re-execute Work using non-conforming materials, and/or to make good all work destroyed or damaged by such removal and/or execution.

3.6 AUDIT AND EXAMINATION OF RECORDS:
a. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor’s business office at or near the Work site, and at any other location where such Project related data may be kept until three years after final payment under the Agreement. Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of $10,000, this Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City, or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

3.7 ADVERTISING:
a. No advertising signs of any kind may be displayed on the Work site, or on fences, offices, or elsewhere adjacent to the Work site.

3.8 PROJECT SCHEDULE:
a. As part of the Proposal Packet, the Contractor must submit a schedule showing each task of Work, the sequence of each task, the number of days required to complete each task, and the critical path controlling the completion of the entire Work. The schedule must allow for the completion of the entire Work within the Time for Completion. The Following provisions will apply to the project schedule:
 City Review of Schedule: The City may review the Contractor’s submitted schedule and may note any exceptions. The Contractor must correct any exceptions noted by the City within five (5) calendar days of being notified of the exceptions.
 Update of Schedule: After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a biweekly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of Work as of the date specified in the updated schedule.
 Float: the schedule shall show early and late completion dates for each task. The number of days between these dates will be designated as “float.” The Float will be designated to the Project and will be available to both the City and the Contractor as needed.  Failure to Submit Schedule: If the Contractor fails to submit schedules within the time periods specified in this Section, or submit a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents.

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 Responsibility for Schedule: The Contractor will be solely and exclusively responsibility for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, it the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City’s review of the schedule will not place scheduling obligation on the City.

3.9 CONSTRUCTION STAKING:
a. Construction Staking: The City of Willits will provide one set of stakes for the following construction items at no additional cost to the contractor:
1) Alignment stakes at 200’ intervals
4) Offset stakes for valves and horizontal fittings.
5) Cutsheets listing stake numbers, elevations, and cut or fill.

Stakes will be placed at an offset agreed upon by both the contractor and the City Engineer. Stakes placed in asphalt will be flagged nails with cut or fill dimensions painted on the asphalt next to the stake. Coordination of staking will be agreed upon by the contractor and the City Engineer. Preservation of stakes and markings is the responsibility of the contractor. Replacement of any stakes damaged or removed by construction activity or any other additional staking will be the responsibility of the Contractor.

Any additional staking desired by the contractor not described above will be the responsibility of the contractor and shall conform to “Contractor Provided Staking" below.
 Contractor Provided Staking:
1) The Contractor shall employ a licensed Land Surveyor or Engineer to perform construction staking. The Contractor will be responsible for coordinating his work with the Surveyor and for all costs associated with construction staking and layout. 2) Contractor shall provide “cutsheets” for the Engineer to review and use in checking grades. Finished grades shall be within 0.05 feet in elevation and 0.05 feet horizontal layout.
3) Full compensation for Contractor Provided Staking shall be considered as included in the prices paid for the various items of work involved, and no additional allowance will be made therefore.
 The Contractor may request additional staking by the City at a rate of $150/hour (to be deducted from the project cost by change order) in lieu of employing a private Land Surveyor or Engineer. The City reserves the right to deny requests for additional staking.

4.1 CITY DIRECTED CHANGE ORDERS
a. The City may at any time during the progress of the Work direct any amendments to the Work or any of the Contract Documents, including, but not limited to the Technical Specifications, or Project Plans. Such amendments will in no way void the agreement, but will be applied to amend the Contract Price, if such PART I, SECTION 10: REMEDIES AND DISPUTES
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amendments affect the Contract Price, the Project schedule, or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section 4.

4.2 WRITING REQUIREMENT:
a. Change orders and other amendments to the Technical Specifications, the Project Plans, or other Contract Documents may be made only by a writing executed by authorized representatives of the City and the Contractor.

4.3 CONTRACTOR PROPOSED CHANGE ORDERS:
a. Unless the City and the Contractor otherwise agree, change order proposals submitted by the Contractor must be submitted to the City no later than the time of the proposed change.

4.4 ALL CHANGE ORDERS:
a. All change order proposals must be submitted on completed City Change Order forms. All such change order proposals must itemize all cost impacts of the proposed change order and include a total price for that change order and the amended Contract Price that would become effective upon execution of the change order. All change order proposals must specify any change in the Project schedule, or in any project milestone including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect.

4.5 CHANGE ORDER PRICING:
a. Change order pricing will be governed by the following:
 Unit prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Documents specify unit prices.
 Cost impacts involving items for which no unit prices are specified will be calculated in accordance with Section 9-1.03 “Force Account Payment” of the State Standard Specifications.

4.6 LIABILITY UNDER UN-APPROVED CHANGE ORDERS:
a. The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment for the Work or any third party that are incurred pursuant to Contractor-proposed change orders prior to issuance of an approved change order executed in accordance with this Section 4. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 10 concerning any work or resulting losses, costs, or liabilities pursuant to a Contractor proposed change order before issuance of an approved change order executed in accordance with this Section 4.

4.7 CHANGES SUBJECT TO CONTRACT DOCUMENTS:
a. Any changes in the Work and/or the Contract Documents pursuant to change orders and any other amendments issued in accordance with the Contract Documents, including this Section 4, will in all respects be subject to all provisions of the Contract Documents, including, but not limited to, the Technical Specifications and the Project Plans, except as modified by such change orders or amendments.

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4.8 CHANGE ORDER DISPUTES:
a. Disputed City Directed Change Orders: If the Contractor disputes a City directed change order following a reasonable effort by the and the Contractor to resolve the dispute including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City directed change order, whichever is later. In performing Work consistent with a disputed City-directed change order pursuant to this provision the Contractor will have all of the Contractor’s rights concerning claims pursuant to the Contract Documents and applicable law.
b. Disputed Contractor Proposed Change Orders: If the City disputes a Contractor proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute the Contractor must continue performing the Work irrespective of and unmodified by the disputed change order. In continuing to perform the Work, the Contractor will retain all of the Contractor’s rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor-proposed change order or other amendment do not excuse the Contractor’s obligation to perform the Work in accordance with the Contract Documents excluding such Contractor-proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents.

5.1 WORK SITE OFFICES:
a. Any Work site office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances, and regulations. The cost of such Work site office facilities shall be paid from and included in the Contract Price. The Work site office facilities shall be the headquarters of a representative authorized to receive drawings, and any such thing given to the said representative or delivered at Contractor’s office at the site of work in Contractor’s absence shall be deemed to have been given to Contractor.

5.2 CITY RIGHTS OF ACCESS AND OWNERSHIP:
a. The City and its authorized representatives will at all reasonable times while such office facilities are located at the Work site (including, at a minimum, all times during which the Work is performed), have access to any such Work site office facilities used by the Contractor and/or its privities. With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities shall have a reasonable expectation of privacy pursuant to the Fourth Amendment to the Unites States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such Work site facilities will be deemed at all times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the Work site (including, at a minimum, all times during which the Work is performed). Any interference by the Contractor or its privities with the City’s rights of access and/or ownership pursuant to this Section 5 will constitute a material breach of the Agreement subject to any and all remedies available pursuant to the Contract Documents and at law and equity.

6.1 LIQUIDATED DAMAGES:
a. Time is of the essence in the Agreement. The contract time for this project is 45 calendar days for the entire project.

The City and the Contractor agree that it will be difficult and/or impossible to determine the actual damage which the City will sustain in the event of the Contractor’s failure to fully perform the Work or to fully perform all of the Contractor’s PART I, SECTION 10: REMEDIES AND DISPUTES
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obligations that have accrued pursuant to the Agreement by the Time for Completion. Accordingly, the City and the Contractor agree in accordance with California Government Code Section 53069.85 that the Contractor will forfeit and pay to the City liquidated damages in the sum of $2,000 per day for each and every calendar day completion of the Work and/or performance of all of the Contractor’s obligations that have accrued pursuant to the Agreement is delayed beyond the stated Times for Completion. The City and the Contractor further agree in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time the Agreement was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor under the Agreement.

6.2 NO DAMAGE FOR DELAY BEYOND CITY AND CONTRACTOR CONTROL:
a. The Contractor will not be held responsible for delays in performance of the Work caused by delay beyond the control of both City and Contractor, such as by strikes, lockouts, or labor disturbances that are not within the control of the contractor to resolve, lack or failure of transportation, or acts of other government entities. This provision will not apply where the delay would not have occurred but for a previous contractor caused delay in the prosecution of the Work.

The City will not be liable to the Contractor, any subcontractor or other entity engaged in the performance of the Work, any supplier, or any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays beyond the control of the City and the Contractor including but not limited to fires, floods, epidemics, abnormal weather conditions, earthquakes and acts of God or acts or neglect by utility owners or other contractors performing other work, or (ii) delays caused by the City, its officials, officers, employees, agents, or volunteers, which delays are reasonable under the circumstances involved and/or are within the contemplation of the City and the Contractor. An extension of the Time for Performance in an amount equal to the time loss due to such delay(s) will be the Contractor's sole and exclusive remedy for such delay(s).

6.3 NO DAMAGE FOR CONTRACTOR CAUSED DELAY:
a. Contractor shall not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents. Contractor may be eligible for additional compensation in excess of the Contract Price for delays caused by the City and/or its privities.

6.4 NO DAMAGE FOR OTHER DELAY:
a. Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Contract Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances:
 Exercise of the City’s right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any subcontractor or other entity engaged in the performance of the Work to perform the Work in accordance with the Contract Documents, enforcement by the City or any other governmental agency of competent jurisdiction of any government act or regulation, or enforcement by the City of any provisions of the Agreement.  Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such PART I, SECTION 10: REMEDIES AND DISPUTES
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clarifications or information or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract Documents.

6.5 DELAYS CAUSED BY THE CITY AND/OR ITS PRIVITIES:
a. Either the City or the Contractor may propose a change in the Time for Completion for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute change order proposals subject to Section 4. In accordance with Section 4, the City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing is in anticipation of cost impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts in accordance with the Agreement and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated cost impacts. Notwithstanding anything to the contrary in Section 4, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities subject to this provision.

However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts.

6.6 WEATHER DELAYS:
a. Extensions of the Time for Completion will not be allowed for weather conditions that are consistent with the historical rain days reflected in historical weather data of the National Oceanographic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce for the record station that is nearest or most applicable to the Work site. Extensions of the Time for Completion for delays due to adverse weather will be allowed only if the number of rain days exceeds those that can be anticipated based on the NOAA data and the Contractor can verify to the City’s reasonable satisfaction that such adverse weather caused actual delay in the timely completion of the Work. No extensions of the Time for Completion will be granted for rain days that exceed those that can be anticipated based on the NOAA data and that merely result in delays that do not or would not, themselves, result in failure to complete the Work by the Time for Completion.

6.7 DELAY CLAIMS:
a. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay.

6.8 CONTRACTOR COORDINATION OF THE WORK:
a. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor shall at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the Work site. The Contractor will adjust, correct, and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the Work site.
b. If any part of the Work depends for proper execution or results upon the work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other Work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City’s or other contractor's Work as fit and proper.

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c. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade shall be part of the Work except where stated otherwise. d. The Contractor will provide proper facilities at all times for access of the City, Designer, and other authorized City representatives to conveniently examine and inspect the Work.

7.1 ELIGIBILITY:
a. By executing the Agreement, the Contractor certifies that the Contractor is not ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109(a), contractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded, or perform the Work. To the full extent permitted by law the Contractor shall hold harmless and indemnify the City from and against any and all damages, costs, and liability arising from or as a consequence of any violation of Public Contract Code Section 6109.

7.2 LEGAL ADDRESS OF CONTRACTOR:
a. Both the address given in the proposal and Contractor’s office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to Contractor shall be deemed sufficient service thereof upon Contractor, and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon Contractor personally.

7.3 SUPERVISION OF THE WORK:
a. The Contractor will be solely responsible for the performance of the Work, including portions of the Work to be performed by subcontractors. The Contractor is charged with ensuring that all orders or instructions from the City, City Engineer, or Designer are disseminated to and followed by all subcontractors engaged in performance of the Work. The Contractor will supervise the Work using the Contractor’s best skill and attention. At any time during the progress of the Work, the City, the City Engineer, or the Designer may require the Contractor and/or subcontractors engaged in performance of the Work to attend a project meeting and the Contractor will attend, and ensure the attendance of any subcontractors whose attendance is required by the City and/or advisable in light of the matters to be addressed at the meeting.

7.4 CONTRACTOR'S SUPERINTENDENT:
a. The Contractor will keep on the Work, throughout its progress, a competent superintendent, and any necessary assistants, all satisfactory to the City. The superintendent shall be available at the job site and have the authority to negotiate change orders. The superintendent may not be changed without the consent of the City. The superintendent will represent the Contractor and all directions given by the City to the superintendent will bind the Contractor in accordance with the Agreement. Superintendent time included in Contractor’s completed bid schedule and/or in approved change orders, if any, must be included in Contractor’s approved overhead rate and may not be charged as a direct cost.

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7.5 COMPETENT EMPLOYEES:
a. The Contractor must at all times enforce strict discipline and good order among the Contractor’s employees and may not employ on the Work any unfit person or anyone not skilled in the Work assigned, or anyone incompetent or unfit for the duties of that person. When the City determines that a Contractor employee does not satisfy the requirements of this provision, upon notice from the City, the Contractor must ensure that employee performs no further Work and is no longer present at the Work site. Any such Contractor employee may not again be employed on the Work without City approval.

7.6 ITEMS NECESSARY FOR PROPER COMPLETION OF THE WORK:
a. Except as otherwise noted in the Contract Documents, the Contractor will provide and pay for all labor, materials, equipment, permits, fees, licenses, facilities and services necessary for the proper execution and timely completion of the Work in accordance with the Contract Documents.

7.7 CONSTRUCTION REPORTS:
a. The Contractor must submit daily construction logs detailing the daily progress of the Work to the City Engineer on a weekly basis, if required by the City Engineer.

7.8 SUBCONTRACTING:
a. By executing the Agreement, the Contractor certifies that no subcontractor included on the list of proposed subcontractors submitted with the Contractor’s bid is ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109(a), subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on the Work. In accordance with California Public Contract Code Section 6109(b), any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. The Contractor will ensure that no debarred subcontractor receives any public money for performing the Work, and any public money that may have been paid to a debarred subcontractor for the Work is returned to the City. The Contractor will be responsible for payment of wages to workers of a debarred subcontractor who has been allowed to perform the Work. b. The Agreement and the performance of the Work are subject to the requirements of the Subletting and Subcontracting Fair Practices Act codified at California Public Contract Code Section 4100 and following. If the Contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the Work in excess of one-half of 1 percent of the Contractor’s total bid, the Contractor agrees that the Contractor is fully qualified to perform that portion of the Work with the Contractor’s own forces, and that the Contractor will perform that portion of the Work with the Contractor’s own forces. If after award of the Agreement the Contractor subcontracts, except as provided for in California Public Contract Code Sections 4107 or 4109, any such portion of the Work, the Contractor will be subject to the penalties set forth in California Public Contract Code Sections 4110 and 4111, including cancellation of the Agreement, assessment of a penalty of up to 10 percent of the amount of the subcontract, and disciplinary action by the Contractors State License Board. c. No contractual relationship exists between the City and any subcontractor engaged in performance of the Work, and no action may be brought by any subcontractor against City based on this contract. d. Incorporation of Contract Documents: The Contractor must incorporate the Contract Documents in each contract with a subcontractor engaged in the performance of the Work.

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 The Contractor will be solely responsible for any delay or additional costs incurred as a result of its failure to provide adequate or accurate project information to a subcontractor that results in improper submittals and/or work, or time or other impacts is the sole responsibility of the Contractor.  The Contractor will have all of the obligations and the City will have all of the remedies that are specified in Section 10.
e. Coordination of Subcontract Work: The Contractor is responsible for scheduling the Work of subcontractors so as to avoid delay or injury to either Work or materials.

7.9 INSURANCE:
a. All required insurance shall be provided in the form of “per occurrence” type policies underwritten by admitted insurers in the State of California with a rating of A or better from the current year Best Rating Guide. All policies must be issued at the expense of the Contractor and must be maintained at the Contractor’s expense throughout the performance of the Work.
b. The Contractor and any subcontractors engaged in performance of the Work must secure payment of workers compensation in accordance with California Labor Code Section 3700 and other applicable law. The Contractor must verify that all Subcontractors comply with this requirement. c. Within fourteen (14) calendar days following Notice of Award the Contractor must submit to the City along with executed copies of all other documents specified in the Award Book. Insurance Certificates of insurance and endorsements evidencing that the Contractor has in effect and will maintain throughout the performance of the Work the following kinds and amounts of insurance:
 Worker’s Compensation Insurance: Workers Compensation and Employers Liability insurance as required by any applicable law, regulation, or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it. Such insurance must cover the full liability of the Contractor. The Contractor’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per claim.
 Commercial General Liability and Automobile Liability Insurance: Coverage for liability because of Bodily Injury and property Damage including, but not limited to the following coverage:
 Ongoing Operations
 Completed Operations and Products Liability
 Bodily Injury
 Personal Injury
 Broad Form Property Damage Liability
 Contractual Liability insuring the obligations assumed by the Contractor under the Contract Documents
 Automobile Liability, including owned, non-owned and hired automobiles  Coverage for the XCU hazards of Explosion, Collapse and Underground  Cross Liability Clause (or equivalent wording)
d. The limits of the insurance required will be at least:

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 Comprehensive General Liability
Bodily Injury Liability: $2,000,000 ea. occurrence
$2,000,000 ea. aggregate or 2 x per occurrence
Property Damage Liability: $2,000,000 ea. occurrence
$2,000,000 ea. aggregate
 Comprehensive Automobile Liability
Bodily Injury Liability: $2,000,000 ea. person
$2,000,000 ea. occurrence
Property Damage Liability: $2,000,000 ea. occurrence
Commercial Umbrella Policy: $2,000,000
 Commercial Umbrella Policy:

The insurance carrier may require that the contractor obtain an umbrella policy. This policy is to insure losses above and beyond the General liability, Employers liability, and auto liability limits. e. The insurance furnished by the Contractor must be primary and non-contributory and in the amount of any loss. f. For each insurance policy required under the Agreement, the Contractor must provide endorsements that add the City as an additional insured. Such endorsements must: provide that the insurance required to be furnished by the Contractor will be primary as regards the City, and that the City’s insurance will be excess of and not contribute to the insurance required to be furnished by the Contractor; that the City will receive 30 day written notice of any reduction or cancellation of such insurance required to be furnished by the Contractor; and include a severability of interest clause acceptable to the City. Said endorsement shall be at least as broad as Insurance Services Office form number CG2010 (Ed. 11/85).

7.10 INDEMNITIES:
a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any or all loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work (“Claims”).
b. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees, volunteers, agents and the City Engineer and Designer for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.

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c. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability.
d. Approval of the Contractor’s certificates of insurance and/or endorsements does not relieve the Contractor of liability under Sections 8-1.08 or 8-1.09 of the State Standard Specifications. The Contractor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred. The Contractor will promptly pay any judgment rendered against the City, its officials, officers, employees, agents, volunteers, or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees. e. In accordance with California Civil Code Section 2782(a), nothing in the Agreement will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design furnished by City. In accordance with California Civil Code Section 2782(b), nothing in the Agreement will be construed to impose on the Contractor or to relieve the City from liability for the City’s active negligence. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indemnity requirements of the Contract Documents, which are material elements of consideration.

7.11 LICENSES/PERMITS:
a. The Contractor must, without additional expense to the City, obtain all business licenses, permits and other approvals required for the performance of the Work.

7.12 PRESERVATION OF STAKES AND MARKS:
a. The Contractor shall preserve carefully benchmarks, reference points, and stakes, and in case of willful or careless destruction the Contractor will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

7.13 ASSISTANCE TO ENGINEER:
a. At the request of the Engineer, the Contractor shall provide people from the Contractor’s force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance shall be considered as included in the contract prices paid for the various items of work. The cost of setting stakes and marks carelessly lost or destroyed by the Contractor’s employees will be assessed to the Contractor.

7.14 PROOF OF COMPLIANCE WITH CONTRACT:
a. In order that the City Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the City Engineer properly authenticated documents or other satisfactory proofs as to the Contractor’s compliance with such requirements.

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7.15 CALIFORNIA LABOR CODE REQUIREMENTS:
a. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under the Agreement.
b. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Work is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. c. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Work is to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Public Works Department and shall be made available on request. The Contractor and subcontractors engaged in the performance of the Work shall pay no less than these rates to all persons engaged in performance of the Work.
d. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the Work must comply with Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Work that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner.

The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each working day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the Work is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefor unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:
 The contract executed between the Contractor and the subcontractor for the performance of part of the Work must include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
 The Contractor must monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.  Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Contractor must diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the Work.  Prior to making final payment to the subcontractor, the Contractor must obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages employees engaged in the performance of the Work and any amounts due pursuant to California Labor Code Section 1813.  In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the Work, must keep accurate payroll records showing the name, PART I, SECTION 10: REMEDIES AND DISPUTES
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address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating that the information contained in the payroll record is true and correct and that the employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 must be certified and must be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations and must otherwise be available for inspection in accordance with California Labor Code Section 1776.
 In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the Work, will be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
 In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the Work to employ on the Work any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor must pay the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by that person. The minimum rate thus furnished will be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

7.16 LAWS AND ORDINANCES:
a. The Contractor and all subcontractors engaged in the performance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the Technical Specifications or Project Plans is to be construed to permit Work not conforming to these codes:
 National Electrical Safety Code, U. S. Department of Commerce  National Board of Fire Underwriters' Regulations
 California Building Standards Code as adopted by the City  Manual of Accident Prevention in Construction, latest edition, published by  A.G.C. of America
 Industrial Accident Commission's Safety Orders, State of California  Regulations of the State Fire Marshall (Title 19, California Code of Regulation) and Applicable Local Fire Safety Codes
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 Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies.

7.17 CLEANING UP:
a. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The City Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

7.18 GUARANTY:
a. The Contractor guarantees all of the Work for two years from the date the City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor’s defective material and workmanship bond for the cost of making good such defects and for the City’s reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City.

7.19 SAFETY:
a. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work.
b. Review and inspection by the City, the City Engineer, the Designer or Engineer, and/or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor’s obligations under the Contract Documents and applicable law to ensure that the Work site is maintained and the Work is performed in a safe manner.
c. The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law.
d. Within fourteen (14) calendar days following Notice of Award the Contractor must submit to the City a copy of the Contractor’s Safety Plan.

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e. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the Work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property.

7.20 ASSIGNMENT OF UNFAIR BUSINESS PRACTICE CLAIMS:
a. In accordance with California Public Contract Code Section 7103.5, the Contractor and any subcontractors offer and agree to assign to the City all rights, title, and interest in and to all causes of action the Contractor or any subcontractors may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

8.1 DESCRIPTION:
a. For Measurement and Payment details for individual bid items, see Part II. Technical Specifications of these Specifications. The Contractor’s prices shall reflect all of the work and materials described in the technical this section and specifications. Payment of all the following items shall be for actual materials installed on the job and for actual work accomplished.

8.2 PAYMENT:
a. By the 20th calendar day of each month, or prior to this date if the 20th falls on a weekend or holiday, Contractor will submit to the City Engineer a verified application for payment and schedule of values supported by a statement showing all materials actually installed during the preceding month and the cost of labor actually expended in the performance of the Work. Unless otherwise provided in the Contract Documents, no allowances or payments will be made for material or equipment not placed at the Work site. b. To be eligible for payment the Contractor’s applications for payment must include certified payroll reports prepared in accordance with California Labor Code Section 1776 and the Agreement for each employee of the Contractor and any subcontractors engaged in the performance of the Work during the preceding months. Applications for payment will not be processed without certified payroll reports. c. In accordance with California Public Contract Code Section 20104.50, the City will review applications for payment as soon as practicable after receipt. Any application or part of an application that is determined to be improper will be returned to the Contractor as soon as practicable, but no later than ten (10) calendar days after receipt by the City, along with a written description of the reasons why the application is improper. The Contractor’s failure to submit a schedule in the time specified in Section 3, or its submission of a schedule to which the City has taken any uncorrected exception, shall serve as a basis for returning an application for payment in its entirety. d. Unless the Contractor has elected to post securities in lieu of retention in accordance with California Public Contract Code Section 22300 and the Agreement, and the Contractor and the City have executed an escrow agreement in accordance with the Public Contract Code and the Agreement, the City will make progress payments to the Contractor in accordance with applicable law in the amount of ninety-five (95%) percent of the value of the labor actually performed and the material incorporated in the Work as specified in Contractor’s verified application for payment upon approval by the City’s authorized representative(s). Payment of progress payments will not be PART I, SECTION 10: REMEDIES AND DISPUTES
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construed as acceptance of the Work performed. If the Contractor has elected to post securities in lieu of retention in accordance with Public Contract Code Section 22300 and the Agreement and the Contractor and the City have executed an escrow agreement in accordance with the Public Contract Code and the Agreement, the City will make payments to the Contractor or the Contractor’s escrow agent in accordance with such escrow agreement. e. The City will pay the Contractor’s final invoice in accordance with applicable law and this Section 8 following acceptance of the Work provided that:
 The Contractor has furnished evidence satisfactory to the City that all claims for labor and material have been paid, or the time for filing valid stop notices has passed and no stop notices have been filed, or all stop notices filed have been released by valid release or release bond acceptable to the City.
 No claim has been presented to the City by any person based upon any acts or omissions of the Contractor or any subcontractor engaged in the performance of the Work.  No other claim or dispute exists under the Agreement or applicable law concerning payment of the Contractor’s final invoice and/or release of the Agreement retention.  The Contractor has filed with the City the Defective Material and Workmanship Bond with duly notarized signatures of an authorized representative of the Contractor and an attorney-in-fact of an admitted surety insurer acceptable to the City and such Defective Material and Workmanship Bond binds the Contractor as Principal and the Surety in accordance with its terms in the amount of 5% of the final Contract Price.
 In accordance with California Public Contract Code Section 20104.50, if the City fails to make a progress payment within thirty (30) days of receipt of an undisputed, properly submitted application for payment, the City will pay the Contractor interest equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of days available to the City to make a payment without incurring an interest obligation pursuant to this provision and California Public Contract Code Section 20104.50 will be reduced by the number of days, if any, by which the City has delayed return of an application for payment beyond the seven day return requirement set forth in Section 9.2.5 of the State Standard Specifications.

8.3 NON-ALLOWABLE DIRECT CHARGES:
a. The following costs are not allowable direct charges under the Agreement. These costs may only be paid under the Agreement, if at all, as part of any allowance for contractor overhead and/or profit established under the Agreement:
 Labor costs in excess of applicable prevailing wages pursuant to the Agreement and applicable law, liability and workers compensation insurance, social security, retirement and unemployment insurance and other employee compensation and benefits pursuant to bona fide compensation plans in effect at the time specified for the opening of Project bids for contractor and subcontractor employees engaged in the performance of the Work. However, in no event will allowable direct labor charges under the agreement include employee bonuses, employee vehicles or vehicle allowances, employee telephones or telephone allowances, or employee housing or housing allowances, whether or not such benefits are part of a bona fide compensation plan in effect at the time specified for the opening of Project bids.

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 Superintendent labor and clerical labor.
 Bond premiums
 Insurance in excess of that required under Section 7.9  Utility costs
 Work Site office expenses
 Home office expenses.

8.4 RETENTION:
a. The City or its agent may, in accordance with the Contract Documents and applicable law, withhold any payment of monies due or that may become due the Contractor because of:
 Defective work not remedied or uncompleted work
 Claims filed or reasonable evidence indicating probable filing of claims  Failure to properly pay subcontractors or to pay for material or labor  Reasonable doubt that the Work can be completed for the balance then unpaid  Damage to another contractor
 Damage to the City
 Damage to a third party
 Delay in the progress of the work, which, in the City’s judgment, is due to the failure of the Contractor to properly expedite the Work
 Liquidated damages or other charges that apply to the Contractor under the Agreement  Any other lawful basis for withholding payment under the contract

8.5 SECURITIES IN LIEU OF RETENTION:
a. In accordance with Public Contract Code Section 22300, except where federal regulations or polices do not permit substitution of securities, the Contractor may substitute securities for any moneys withheld by the City to ensure performance of the Work. At the Contractor’s request and expense, securities equivalent to the amount withheld will be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, who will then pay those moneys to the Contractor under the terms of an Escrow for Security Deposit agreement. The Escrow for Security Deposit agreement is provided in the Contract Documents. Upon satisfactory completion of the Work, the securities will be returned to the Contractor. b. Alternatively, at the Contractor’s request and expense, the City will pay retentions earned directly to the escrow agent. At the Contractor’s expense, the Contractor may direct investment of the payments into securities. Upon satisfactory completion of the Work, the Contractor will receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City pursuant to this provision and the terms of the Escrow for Security Deposit agreement. The Contractor will, within 10 days of receipt of payment, pay to each PART I, SECTION 10: REMEDIES AND DISPUTES
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subcontractor the respective amount of interest earned, less costs of retention withheld from each Subcontractor, on monies withheld to ensure the Contractor’s performance of the Work. c. Securities eligible for investment in accordance with this provision include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. d. The Contractor will be the beneficial owner of any securities substituted for moneys withheld and will receive any interest thereon.

8.6 F.O.B.:
a. All shipments must be F.O.B. destination to the Work site and/or other sites indicated in the Contract Documents.

The Contract Price is all-inclusive (including sales tax). There shall be no additional compensation paid for containers, packing, unpacking, drayage or insurance.

9.1 OCCUPANCY:
a. The City reserves the right to occupy or use any part or parts or the entire of the Work before the Work is fully performed. Subject to applicable law, exercising this right will in no way constitute acceptance of any part of the Work so occupied or used or acceptance of the entire Work, nor will such occupancy or use in any way affect the times when payments will become due the Contractor, nor will such occupancy or use in any way prejudice the City’s rights under the Agreement, any Agreement bonds, or at law or equity. Occupancy or use shall not waive the City’s rights to assess liquidated damages in accordance with Section 6 after the date of such occupancy or use.

9.2 WORK COMPLETION AND FINAL INSPECTION:
a. When the Contractor considers the Work is completed, the Contractor will submit written certification to the City Engineer specifying that: The Contract Documents have been reviewed; the Work has been inspected for compliance with the Contract Documents; the Work has been completed in accordance with the Contract Documents; and that equipment and systems have been tested in the presence of the City’s representative and are operational. The City and/or the City’s authorized representatives will inspect to verify that the Work is complete and will notify the Contractor in writing of any incomplete or deficient Work. The Contractor will take immediate steps to remedy the stated deficiencies and give notice of correction to the City Engineer. Upon receiving a notice of correction, the City or the City’s authorized representatives will re-inspect the Work. The Contractor must correct all punch list items within ten (10) working days after the issuance of the punch list. Before acceptance of the Work the Contractor must submit: one set of vellums of the Project Record Drawings (As-Builts), and any equipment operating and maintenance instructions and data, warranties.

9.3 WORK ACCEPTANCE:
a. All finished Work will be subject to inspection and acceptance or rejection by the City, the City Engineer, and the Designer or other government agencies having jurisdiction over the Work. Final acceptance of the Work will be at the discretion of the City. The Work must be accepted by vote of the City Council of City of Willits when the whole shall have been completed satisfactorily.
b. The City will accept the Work in writing only when the Work has been completed to the City’s reasonable satisfaction. Progress payments will in no way be construed as acceptance of any part of the Work.

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c. In evaluating the Work, no allowance will be made for deviations from the Technical Specifications, Project Plans or other Contract Documents unless already approved in writing in accordance with the requirements of Section 4, above.
d. The fact that the Work and materials have been inspected from time to time and that progress payments have been made does not relieve the Contractor of the responsibility of replacing and making good any defective or omitted work or materials in accordance with the requirements of the Contract Documents.

10.1 FAILURE TO CORRECT WORK:
a. Within ten (10) working days of receiving written notice from the City describing Work that is defective or that is otherwise not in accordance with the requirements of the Agreement and/or applicable law and directing that such Work be corrected, the Contractor and/or the Contractor’s sureties must give the City written notice of the intent of the Contractor and/or the Contractor’s sureties to correct such Work and commence correction of such Work in accordance with the City’s notice and the Agreement. If the Contractor and/or the Contractor’s sureties do not give the City written notice of intent to correct such Work and commence correction of such Work within ten (10) working days of receipt of the City’s notice, then the City may correct such work and/or have such work corrected for the account and at the expense of the Contractor and/or its sureties, and the Contractor and/or its sureties will be liable to the City for any resulting excess cost. The City may, in addition to all other remedies that the City may have under the Agreement and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the contractor.

10.2 TERMINATION:
a. In accordance with California Public Contract Code Section 7105, in addition to all other available remedies that the City may have under the Agreement, and at law or equity, the City may terminate the Agreement:
 If the Contractor or any of its subcontractors engaged in the performance of the Work fails to timely perform the Work and/or any of the Contractor’s material obligations under the Contract Documents, including but not limited to submission of an acceptable schedule, that have accrued except for due to reasons beyond the control of the Contractor pursuant to the Contract Documents.  If the Contractor is adjudged bankrupt, or if it should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of its creditors.  If the Contractor or any of the subcontractors engaged in the performance of the Work persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials for the timely completion of the Work.
 If the Contractor fails to make prompt payment to subcontractors engaged in the performance of the Work or for material or labor used in the performance of the Work in accordance with the Contract Documents and applicable law.
 If the Contractor or any subcontractors engaged in the performance of the Work persistently disregards laws or ordinances applicable to the performance of the Work, or the instructions of the City, the City Engineer, the Designer, or other authorized representatives of the City.  For any reason or for no reason, at the City’s sole discretion.

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b. If the City intends to terminate the Contractor’s control of the Work for any of the reasons specified in Section

10.2.a from above, the City will immediately serve written notice to the Contractor and its sureties in accordance with the Contract Documents. Notice of the City’s intent to terminate the Agreement will be given by registered or certified mail and specify the grounds for termination, the required cure and the time by which the cure must be effected. Upon receipt of notice of the City’s intent to terminate the Agreement for any of the reasons specified in this Section 10, the Contractor will have ten (10) days from receipt of the notice or a longer time specified in the notice to cure its default. If the Contractor does not affect the required cure by the time specified in the notice, the City will issue a written notice of termination to the Contractor and its sureties by registered or certified mail. The notice of termination will specify: that upon receipt of the notice the Contractor’s right to perform or complete the Work, including on behalf of the Contractor’s sureties, is terminated; that the Contractor’s sureties will have the right to take over and complete the Work and perform all of the Contractor’s remaining obligations that have accrued under the Agreement; and that if the Contractor’s sureties do not both give the City written notice of their intention to take over and perform the Agreement and commence completion of the Work and performance of all of the Contractor’s remaining obligations that have accrued under the Agreement within ten (10) days after receipt of notice of termination that the City may declare the Contractor’s sureties in default and take over the completion of the Work or have the Work completed for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties will be liable to the City for any resulting excess cost. The City may, in addition to all other available remedies that the City may have under the Contract Documents and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the Contactor. c. Upon termination of the Contractor’s control of the Work for any of the reasons specified in this Section 10, the Contractor will, if so directed by the City, immediately remove from the Work site any and all materials and personal property belonging to the Contractor which have not been incorporated in the Work and the Contractor and its sureties will be liable upon their bond for all damages caused the City by reason of the Contractor's failure to complete the Work.
d. Upon termination of the Contractor’s control of the Work for any of the reasons specified, the City reserves the right to refuse tender of the Contractor by any surety to complete the Work. e. If the City completes or has completed any portion of, or the whole of the Work, following termination of the Contractor’s control of the Work for any of the reasons specified in this Section 10, the City will neither be liable for nor account to the Contractor or the Contractor’s sureties in any way for the time within which, or the manner in which such Work is performed, or for any changes made in such Work or for the money expended in satisfying claims and/or suits and/or other obligations in connection with completing the Work. If, following termination of the Contractor’s control of the Work for any of the reasons specified, the unpaid balance of the Contract Price exceeds the expense of completing the Work, including compensation for additional legal, managerial and administrative services and all other amounts due for the completion of the Work and/or satisfaction of claims of the City and/or others arising out of the Agreement and any other charges that apply to the Contractor under the Agreement, the difference will be paid to the Contractor. If such expenses of completing the Work exceed the unpaid balance of the Contract Price, the Contractor or its sureties will pay the difference to the City. f. If the Agreement or Contractor’s control of the Work is terminated for any reason, no allowances or compensation will be granted for the loss of any anticipated profit by the Contractor. g. In accordance with California Government Code Section 4410, in the event a national emergency occurs, and public work being performed by contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of an order or a proclamation of the President of the United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a PART I, SECTION 10: REMEDIES AND DISPUTES
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reasonable time to proceed with a substantial portion of the work, then the City and the Contractor may, by written agreement, terminate the Agreement. In accordance with California Government Code Section 4411, such an agreement will include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any, which either party will pay to the other or any other person, under the facts and circumstances in the case. Compensation to the Contractor will be determined on the basis of the reasonable value of the work done, including preparatory work. As an exception to the foregoing, in the case of any fully completed separate item or portion of the Work for which there is a separate contract price, the contract price shall control. The parties may in any other case adopt the contract price as the reasonable value of the work or any portion of the work done.

10.3 DISPUTES:
a. In accordance with California Public Contract Code Section 20104.2, the following procedures apply to claims of $375,000 or less between the Contractor and the City:
 The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.  For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor.
 If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor.  The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.  For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventyfive thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor.
 If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor.  The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
 If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in PART I, SECTION 10: REMEDIES AND DISPUTES
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dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
 Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
 This section does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division

3.6 of Title 1 of the Government Code.
 In accordance with California Public Contract Code Section 20104.4, the following procedures apply to civil actions to resolve claims of $375,000 or less between the City and the Contractor:
 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
 Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.  In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

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 The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
b. 10.03-2. In accordance with California Public Contract Code Section 20104.6:
c. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
d. In any suit filed under Public Contract Code Section 20104.4 concerning this contract, the City shall pay interest at the legal rate on any arbitration award or judgment. Such interest shall accrue from date the suit was filed.

10.4 LITIGATION AND FORUM SELECTION:
a. The Contractor and the City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of the Contractor’s performance or relating in any way to the Work shall be brought in Mendocino County and that venue will lie in Mendocino County. b. The parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

PART II, SECTION 1: DEFINITIONS
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PART II: CITY OF WILLITS TECHNICAL SPECIFICATIONS
PART II, SECTION 1: DEFINITIONS
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1.1 DEFINITIONS:

Public improvements within the City of Willits shall be constructed in accordance with the most recent version of the Standard Specifications of the State of California, Department of Transportation, Division of Highways, which specifications are hereinafter referred to as the State Standard Specifications, or the Standard Specifications and in accordance with the following modifications and revisions, and City of Willits Standard Plans.

City Standards shall mean City of Willits Design and Construction Standards dated October 2011.

ASTM shall mean American Society for Testing and Materials latest edition of the specifications.

Standard Specifications for Public Works Construction (commonly called the "Green Book"), shall mean the latest edition of the Standard Specifications written and promulgated by the Southern California Chapter, American Public Works Association and the Southern California District, Association General Contractors of California, a Joint Cooperation Committee.

AWWA shall mean American Water Works Association latest edition of the specifications.

City Engineer shall mean City of Willits City Engineer or an authorized City representative.

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46 This section contains work items that are considered general to the construction contract and not separate payment items.

The purpose of the general requirements is to provide the contractor with written reference to pertinent regulations, standards and/or specifications that will govern the construction during this project but are not considered bid items.

2.1 DESCRIPTION OF WORK:

This project includes the following work: For the purposes of upgrading an existing raw water transmission line, the project includes the installation of 3,600 feet of 10-inch DR-11 HDPE pipe using directional drilling and not open trenching; abandonment of the existing 6” raw water line in place; installation of a new 8-inch gate valve; connecting the new 10-inch HDPE to existing 8-inch C-900 PVC pipe at the new gate valve at the south end of the project; connecting the new 10-inch HDPE to an existing 6-inch gate valve at the Elias Replacement Well at the north end of the project; stormwater pollution prevention measures; and the abandonment of the existing 6-inch SCH40 raw water line in place.

The directional drilling methodology and mitigation measures identified in the plans and associated environmental documents are designed to reduce impacts to sensitive species of plants and animals in the project area.

2.2 ORDER OF WORK:
a. Order of work shall conform to the provisions in Section 5-1.05, “Order of Work”, of the State Standard Specifications and these Technical Specifications.

2.3 SUBMITTALS:
a. For each submittal for review, including, but not limited to, addendums to submittals, allow 15 days for review excluding delivery time to and from Contractor. Submit all submittals in the quantity which is required to be returned plus two copies which will be retained by the Owner/Engineer. b. Transmit each submittal with a submittal form with the following requirements:
i. Identify Project, Contractor, subcontractor and supplier; pertinent drawing and detail number, and specification section number, appropriate to submittal. ii. Sequentially number transmittal forms. Mark revised submittals with original number and sequential alphabetic suffix.
iii. Allow space on submittals for Contractor and Owner/Engineer review stamps. c. Shop Drawings: When specified in individual specification sections, submit to Owner/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents.
d. When required by individual specification sections, provide shop drawings signed and sealed by the professional engineer responsible for designing components shown on shop drawings.

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47 i. Include signed and sealed calculations to support design. ii. Submit drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction.
iii. Make revisions and provide additional information when required by authorities having jurisdiction. e. Test Report: When specified in individual specification sections, submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents.
f. Product Data: When specified in individual specification sections, submit product data to Owner/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. Mark each copy to identify applicable products, models, options, and other data.

Supplement manufacturers' standard data to provide information specific to this Project. g. Certificates: When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Owner/Engineer. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner/Engineer.
h. Manufacturer’s Instructions: When specified in individual specification sections, submit manufacturer’s instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to Owner/Engineer.

Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.

2.4 HOURS OF WORK:
a. The Contractor shall restrict his hours of work to 7:00 a.m. to 5:00 p.m. Monday through Friday, unless previously authorized by the City.

2.5 SAFETY:
a. The Contractor shall at all times conduct his work in accordance with Construction Safety Orders of the Division of Industrial Safety, State of California, to insure the least possible obstruction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.
b. All no access way(s) shall be closed to the public without first obtaining permission of the City Engineer. The Contractor shall maintain access to all property adjacent to the work area at all times. Temporary access ramps, bridges, or other structures may be constructed to accomplish this at the sole discretion of the City.

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48 c. Should the Contractor fail to provide public safety as specified or if, in the opinion of the City Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor’s operations and the Contractor shall be liable to the City for all costs incurred plus 100%. d. Nothing in this section shall be construed to impose tort liability on the City or City Engineer. e. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.6 WATER FOR CONSTRUCTION AND DUST CONTROL:
a. Construction and testing water shall conform to Section 17, “Watering,” of the State Standard Specifications, the California Stormwater Quality Association Handbook and these Technical Specifications. The Contractor shall be responsible for providing all water necessary for construction and testing and disposing of all water needed for testing. If the Contractor uses City water for a water supply, the Contractor shall only use truck fill station after obtaining a City permit. The contractor shall pay all fees that apply. b. During the performance of the work called for under these specifications, or any operations appurtenant thereto, the Contractor shall furnish all labor, equipment and means required, and as often as necessary, to prevent his operations from producing dust in amounts damaging to property or causing a nuisance to persons living nearby or occupying buildings in the vicinity.
c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.7 DUST CONTROL:
a. Attention is directed to the provisions in Section 10, "Dust Control," of the State Standard Specifications. b. Dust Mitigation Measures:
i. All dust-producing work and unpaved construction sites shall require at a minimum watering in the late morning and at the end of the workday; the frequency of watering shall be increased if dust is mobilized by wind.
ii. Contractor shall maintain dust control to the satisfaction of the City Engineer, seven (7) days a week, 24 hours per day.

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49 iii. The City Engineer at his discretion may require sprinkling at any time or place. iv. Full compensation for conforming to the provisions of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

2.8 PROTECTION OF EXISTING FACILITIES AND PROPERTY:
a. Protection of existing facilities shall conform to Section 15-1.02, “Preservation of Property,” of the State Standard Specifications and these Technical Specifications. The Contractor shall notify Underground Service Alert (USA) for marking the locations of existing underground facilities. b. The Contractor shall take all necessary measures to avoid injury to existing surface and underground utility facilities in and near the site of the work. No error or omission of utility markouts shall be construed to relieve the Contractor from his responsibility to protect all underground pipes, conduits, cables or other structures. The Contractor shall indemnify the City and hold it harmless from any and all claims, demands, or liability made or asserted by any person or entity on account of or in connection with any damage to such surface or underground facilities caused by the Contractor or any of his agents or subcontractors
c. The existing underground facilities in the area of work may include telephone, television and electrical cables, gas mains, water mains, sewer pipe and drainage pipe. The various utility companies shall be notified before trenching begins and at such other times as required to protect their facilities.

Underground facilities shall be located and exposed ahead of trenching to prevent damage to the facilities, and to determine the depth and character of all facilities that cross or infringe on the trench prism. The Contractor shall immediately notify the City Engineer of any facilities found. If damage should occur to the existing facilities, the utility company and the City shall be notified immediately and repairs acceptable to the utility company shall be made at the Contractor’s expense. d. Attention is directed to the provisions in Section 7-1.11, “Preservation of Property,” and Section 12-1.06, “Preservation and Protection of Trees and Plantings,” of the State Standard Specifications and these Technical Specifications.
e. Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor in accordance with the requirements in Section 20-4.07, “Replacement”, of the State Standard Specifications. f. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

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50 2.9 OWNER NOTIFICATION:
a. The Contractor shall notify all property owners and businesses affected by the project’s work at least 72 hours before work is to begin. The notice shall be in writing, placed on doors and shall indicate the Contractor’s name and phone number, type of work, day(s) and time when work will occur. Notice shall be reviewed by the City Engineer prior to being sent.
b. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. c. The Contractor shall also contact Willits Unified School District – Transportation Department to notify them of any closures or delays affecting their bus route.

2.10 EMERGENCY SERVICE PROVIDERS NOTIFICATIONS:
a. The Contractor shall furnish the name and phone number of a representative that can be contacted in the event of an emergency. Said information shall be reported to the City Police Department dispatcher, and updated as required to provide 24-hour phone access.
b. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed. c. The Contractor shall notify all emergency service providers (Police, Fire Department, Ambulance, etc.) any traffic control at least 72 hours before work is to begin.

2.11 REMOVAL OF MISCELLANEOUS ITEMS:
a. Various items shown on the plans to be removed will be completely removed and disposed of. b. No separate payment shall be made for the various items to be removed unless specified and listed in the Bid Schedule.
c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

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51 2.12 UTILITY CLEARANCES:
a. Contractor will be required to investigate, confirm and/or determine locations of existing utilities, verify clearances between existing and proposed utilities, and determine elevations of existing utilities at connection points. The contractor shall verify clearances at known utility crossings and confirm elevations of existing utilities at connection points at least 5 working days in advance of working at the specific crossing or connection location. The Contractor shall notify the City Engineer immediately upon discovery of any conflict.
b. Full compensation for determining utility crossing locations and clearances shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed.

2.13 EXISTING UTILITIES:
a. The Contractor shall notify all utility companies and request field location markings of existing facilities prior to commencing construction. Where potential conflict with existing underground utilities may constitute a safety hazard or interfere with the progress of work, such facilities shall be hand-excavated to determine their precise location. Contractor shall be liable for damages to all utilities whether so located and marked or not.
b. It is not the intent of the Plans to show the exact location of existing underground utilities or structures, and the City Engineer assumes no responsibility therefor. c. It is the Contractor’s responsibility to verify all existing utility locations and notify the City Engineer in case of conflict.
d. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.14 RELATIONS WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD:
a. This location is within an area controlled by the Regional Water Quality Control Board. The Contractor shall fully inform himself of all rules, regulations, and conditions that may govern operations in said area and shall conduct work accordingly.
b. The Contractor shall comply with the regulations of the North Coast Regional Water Quality Board and the discharge prohibitions and guidelines pertaining to construction activities listed on pages 1-5-7 through 1- 5-9 of the Water Quality Control Plan North Coastal Basin dated April, 1975 and shall comply to all further amendments to said plan made by the North Coast Regional Water Quality Board.

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52 c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.15 TEMPORARY EROSION CONTROL:
a. Temporary erosion control shall consist of, but not be limited to, constructing such facilities and taking such measures as are necessary to prevent, control and abate water, mud, and erosion damage to public and private property as a result of the construction of this project. b. Conformance with the requirements of this section shall in no way relieve the Contractor from his responsibilities, as provided in Section 7-1.01G, "Water Pollution," Section 7-1.11, "Preservation of Property," and Section 7-1.12, "Responsibility for Damage," of the State Standard Specifications. c. Temporary erosion control features as are necessary to prevent damage during the winter season shall be constructed and functioning. The Contractor shall construct such supplementary erosion control facilities as are necessary to protect adjacent private and public property. d. Temporary erosion control measures shall conform to the current edition of the California Stormwater Quality Association Handbook (CASQA) standards for erosion and sediment control measures and includes, but not limited to the following:
v. The Contractor shall conduct operations in such a manner that storm runoff will be contained within the project or channeled into the storm drain system which serves the runoff area. Storm runoff from one area shall not be allowed to divert to another runoff area. vi. Storm drain systems, toe of slope drains, and outlet structures shall be constructed and operating prior to commencing, or concurrently with placing, an embankment. Temporary downdrains, drainage structures and other devices shall be provided to channel storm runoff water into the respective permanent storm drain systems during construction. Mud and silt shall be settled out of the storm runoff before said runoff enters the storm drain system. vii. Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of various erosion control measures. These measures may include, but shall not be limited to, check dams; confined ponding areas to desilt the runoff; and protection, such as sandbags or straw bales around inlets which have not been brought to grade.
viii. Contour graded areas shall be protected against erosion and the resulting siltation of downstream facilities and adjacent areas during grading operations. Various measures may PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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53 include, but shall not be limited to: the use of graded contour berms to control sheet flow:
supplemental grading of large areas around temporary or unfinished inlet structures, such as inside ramp loops, to provide desilting basins; and temporary ditch paving. e. Culvert pipe used in conjunction with erosion control measures which was new when delivered to the project site and, in the opinion of the City Engineer, is not damaged and whose dimensions and other properties conform to the requirements for new material may be used in the new work. f. Full compensation for any cost involved in performing erosion control to act as temporary water pollution control and temporary erosion control shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.16 PROGRESS SCHEDULE:
a. Progress schedules will be required for this contract and shall conform to the provisions in Section 3.08, "Progress Schedule," of these Specifications.
b. A preliminary progress schedule shall be submitted at the Preconstruction Meeting. c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.17 COOPERATION:
a. Attention is directed to Sections 7-1.14, "Cooperation" and 8-1.10, "Utility and Non-Highway Facilities," of the State Standard Specifications and these Technical Specifications. b. Other forces will be engaged in installing or in making adjustments to or in relocating various utility or other non-highway facilities throughout the project.
c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.18 OBSTRUCTIONS:
a. Attention is directed to Sections 8-1.10, “Utility and Non-Highway Facilities” of the State Standard Specifications and these Technical Specifications.

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54 b. Attention is directed to the existence of overhead and underground power, telephone, and television cable poles, underground sewer mains and laterals, underground gas mains, and underground water mains and laterals within the area in which construction is to be performed. c. Prior to starting work, the Contractor shall (a minimum of 2 working days in advance) call Underground Service Alert (USA), toll fee, at (800) 642-2444 and provide USA with all necessary data relative to the proposed work. USA will accept calls and process information to participating agencies who have underground facilities in the area between the hours of 7:30 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays. Between the hours of 5:00 p.m. and 7:30 a.m. calls will be recorded and then processed after 7:30 a.m. For emergency situations, after hours and on Saturdays, Sundays and holidays, the Contractor shall contact the organization owning the affected facility. Upon notification, agencies having facilities in the area of the proposed excavation will mark their locations in the field using USA standard colors and codes to identify the facility. d. The Contractor will be required to work around public and private utility facilities and other improvements that are to remain in place within the construction area and he will be held liable to the owners of such facilities or interference with service resulting from his operations. e. Any delays claimed by the Contractor as a direct result of the utility facilities not being rearranged as provided will not be recognized nor will any delays be considered right-of-way delays within the meaning of Section 8-1.09, “Right-of-Way Delays”, of the State Standard Specifications, except that any such delays will entitle the Contractor to an extension of time as provided in Section 8-1.07, “Liquidated Damages”, of the State Standard Specifications. The Contractor shall immediately notify the City Engineer of such delays.
f. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.19 CLEARING, GRUBBING, AND DISPOSAL:
a. The work to be done under this section consists of clearing or removing obstacles preventing the construction or installation of contract items.
b. Existing power and telephone lines, trees, fences, pipelines or other conduits, railroad lines, embankments, and structures in the vicinity of the work shall be supported and protected from injury by Contractor during the construction and until the completion of the work. Contractor shall be liable for all damages to such structures, as herein provided, and shall save and keep Owner and Engineer harmless from any liability or expense for injuries, damages, or repairs to those structures. Full compensation for clearing and grubbing activities shall be included in the bid prices paid for the specific bid construction item involved and no additional payment shall be made therefor.

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55 Preservation of Property:
a. Contractor shall minimize damage to shrubs, trees, plants, grass and structures during the course of the work. Before removing any tees, tree roots, large shrubs, or structures, Contractor shall obtain prior permission from City Engineer. No additional trees, large shrubs or structures shall be removed or damaged without prior written permission from City Engineer. Before initiation of clearing and grubbing operations, Contractor shall meet at the work site with Owner and Engineer to determine the extent and details of clearing and grubbing operations. b. In areas where trees or shrubs may be damaged by construction equipment, Contractor shall provide protective fencing, padding on trunks, tie-back branches or take other necessary actions to prevent damage to trees, shrubs, or other vegetation. Damage to trees and shrubs shall include, but will not be limited to:
bark damage to trees
breakage of branches on trees or shrubs
breaking or tearing of roots
spilling toxic materials near the root zones
spraying toxic materials on foliage
fire damage to foliage and branches
 compaction of root areas under the drip line or damage by fill or storage of materials over the root zone
foot or vehicular damage on low shrubs and groundcover Environmental Requirements:
Any burning shall be in accordance with applicable laws.  Contractor shall obtain the required permits concerning disposal of materials produced during clearing and grubbing. Contractor shall make his/her own arrangements for disposing of materials produced from clearing and grubbing. If excavation or construction materials or equipment are to be stored on private property, written permission must be obtained from the property owner granting permission and absolving City of all responsibility for the consequences of such activity.  Avoid unnecessary removal or damage of shrubs, trees, and grass during the work.

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56 Removal:

All trees, stumps, roots, buried logs, decayed vegetable matter, heavy growth of grass and weeds and all other organic material shall be removed from fills, future roadways or within ditch sections. The disposal of materials shall be in compliance with the above stated Environmental Requirements.

2.20 EXCAVATION:

Excavation, as used in these specifications, consists of all necessary clearing, grubbing and site preparation; removal of all materials of whatever description that may be encountered (except existing pipe work, conduits, utility structures or other items to be left in place) to the lines and grades indicated on the plans and otherwise described herein. This may include: removal and disposal of debris; the handling and storage of materials to be used for fill and backfill; all necessary bracing, shoring and protection (but not including tight sheeting in trenches and structure excavation ordered left in place by City Engineer); all backfilling; preparation of subgrades; and final grading, dressing and cleanup of the site.

All unsuitable material removed from excavations shall be disposed at a site suitable to City Engineer. Unless otherwise specified, excess material from excavation shall become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer. If the work is in existing City streets, the excess material shall be removed from the site daily unless it has been preapproved for reuse. Prior to disposal of any materials or operation of any equipment on sites provided by the Contractor for disposal of excess excavation owned by them, the Contractor shall submit to the Engineer written authorization for such disposal of materials and entry permission signed by the owners of the disposal site and the required permits. Contractor shall be solely responsible for obtaining all required grading permits. All excavation, other than by drilling and blasting, undertaken with the excavation equipment commonly used in the industry for this type of excavated material shall be classified as common excavation.

All material which must be drilled and blasted for removal shall be classified as rock excavation. It shall be the responsibility of Contractor to inform City Engineer before any rock excavation is started so that adequate measurement for pay purposes may be determined. The exclusion of a bid item for rock excavation indicates that rock is not anticipated, and should rock be encountered during construction payment shall be negotiated.

Should rock excavation be encountered, it shall be the responsibility of Contractor to have an experienced powder man handle all blasting and be able to furnish proof of Contractor's credentials. Contractor shall also inform all residents in the vicinity of proposed blasting activities and Contractor shall be responsible for any damage to persons or property.

All excavation shall be made by open cut method except as approved or specified. During excavation, materials suitable for backfill shall be piled in an orderly manner a sufficient distance from the banks of the excavation to prevent slides or cave-ins. Banks shall be kept as nearly vertical as possible and shall be properly sheeted and braced as may be necessary to prevent caving. Sloping banks will generally be allowed except in open areas where traffic conditions and the proximity of existing structures will not permit. No excavation shall be left open without proper barricades and PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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57 warning lights. Such devices shall conform to the Manual of Uniform Traffic Control Devices or such permits as are appended to these specifications.

2.21 TRENCH EXCAVATION:

All the requirements under Section 2.20, "Excavation", shall apply, with the following additional special requirements.

Trench width shall conform to City Standard No. 222(edited), see Detail 1, Sheet C4.2. If pipe diameter is not shown on City Standard No. 222 (edited) see Detail 1, Sheet C4.2, trench width shall be no more than twenty-four (24) inches greater than the pipe's outside diameter. Trench width shall not be less than six (6) inches greater than the pipe's outside diameter.

The contractor shall obtain a trench permit from the California Division of Industrial Safety before the excavation of trenches deeper than 5’. A copy of the permit must be on file with the City before trenching and excavation may begin.

Trench excavation shall not proceed more than two hundred (200) feet in advance of pipeline work without City Engineer's approval. No trench shall be left uncovered overnight. Open trench shall be backfilled and compacted with native material properly before the end of each work day.

Trench width in areas where close proximity to other structures require vertical cuts, shall not be wider than required for proper handling, jointing, and bedding of the pipe. The bottom of the trenches shall be excavated to a depth of six (6) inches below the bottom of the invert. Care shall be taken not to excavate below the depths indicated. Unauthorized over depths shall be backfilled with suitable bedding material at Contractor's expense. Where soft, spongy or otherwise unsuitable material is encountered, which will not provide a firm foundation for pipe, City Engineer will direct the extent to which removal and replacement shall be made with suitable material.

Any excess material resulting from trench excavation shall be disposed of by Contractor at Contractor's own expense in a manner satisfactory to City Engineer. Such excess material may be deposited on private property if so requested by the property owner and proper permits have been obtained.

2.22 DEWATERING:

Dewatering is anticipated as required under this contract. Where ground water is encountered in excavations, it shall be removed so that it will not interfere with pipe laying and other construction operations. Unless otherwise specifically permitted by City, water, either of surface or subsurface origin, will not be permitted in the trenches at any time during construction and until backfilling over the top of the pipe has been completed; nor will the groundwater level in the trench be permitted to rise above an elevation six (6) inches below the bottom of the pipe. Dewatering will continue until pipe laying and/or other construction is complete and backfill is compacted at least six (6) inches above the ground water table. Backfill shall be as provided in Section 2.25, "Backfilling", of these specifications.

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58 The cost of dewatering operations will not be paid for as a separate item but shall be merged with the appropriate bid item.

2.23 DRAINAGE:

Contractor shall control the grading in the vicinity of the excavation so that the ground surface is properly sloped to prevent water from running into the excavated areas. Water which has accumulated in the excavation from rainfall and/or surface runoff, or from any other cause which might have been prevented by proper care and foresight, shall be removed and the subgrade restored to its proper bearing capacity, all at Contractor's expense.

2.24 SHORING, SHEETING, AND BRACING:

Contractor shall do all shoring, bracing and tight sheeting required to prevent caving and to protect Contractor's workers and adjacent property and structures. Backfilling will be brought to eight (8) inches above the top of the pipe before sheeting may be removed. No extra payment will be made for these items, the cost thereof being merged with and considered a part of the cost for the related excavation.

2.25 BACKFILLING:
a. Bedding & Backfill Materials:

1. Slurry Cement Backfill:

Slurry cement backfill shall conform to the requirements of Section 19-3.062 of the State Standard Specifications.

2. Class II aggregate base:

Class II aggregate base shall be as specified in the State Standard Specifications Section 26, "Aggregate Bases". Grading for 3/4 inch maximum sized shall be used. The Class II aggregate base shall be free from organic matter and other deleterious substances.

3. Bedding and cover material:

Bedding and cover shall be uniformly graded coarse aggregate of which twenty-five percent (25%) by weight shall be crushed particles. Relative compaction of not less than 90 percent shall be obtained in all materials except as specified herein to be 95 percent. Material placed in accordance with the provisions of Sec. 19 2.02, "Unsuitable Materials," of the State Standard Specifications shall be compacted to not less than 90 percent relative compaction. Relative compaction to ninety percent (90%) unless specified elsewhere. Bedding and cover material shall conform to the following gradation:

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59 Sieve Size Percent Passing
1 inch 100
3/4 inch 90 - 100
No. 4 65 - 100
No. 30 30 - 100
No. 200 0 - 15

4. Stabilization material:

Stabilization material shall consist of uniformly graded coarse aggregate of which at least twenty-five percent (25%) by weight shall be crushed particles. The percent composition by weight shall conform to following grading:

Sieve Size Percent Passing
3" 100
1-1/2" 75 - 95
3/4" 40 - 75
# 4 15 - 35
#10 5 - 20
#200 0 - 3

5. Trench backfill
Trench backfill shall be defined as that material which lies above the pipe bedding or conduit bedding and below the ground surface. Trench backfill, for all underground pipes and conduits Class 2 aggregate base of the State Standard Specifications (3/4 in maximum) and shall start at the surface upon which the base of the structure rests.
b. Backfill Procedures:
 Trenches shall not be backfilled until City Engineer has inspected and approved the pipe installation and jointing as being in compliance with the requirements of plans and specifications and until concrete in masonry structures or encasements have attained a proper strength. No backfill shall be made with frozen material.

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60  Where trenches cross roads, streets, or driveways, backfilling shall be completed immediately following excavation and inspection. No trenches across roads shall remain open overnight. All crossings shall be backfilled, compacted and open to traffic at the end of each day's work. Major road crossings shall be excavated and backfilled in half widths of the traveled way so that at least one-half of the roadway is open to controlled traffic at all times during the work.  Where pavements and roadways are not involved, compaction shall be as outlined above to a depth of 1-1/2 feet above the pipe. Above this point the excavation material shall be placed in layers not to exceed six (6) inches and compacted to a density of at least ninety percent (90%).  Wherever trenches have not been properly filled, or if settlement occurs, they shall be reopened to the depth required for proper compaction and refilled and recompacted as approved by City Engineer.  Along all portions of the trenches the ground shall be graded uniformly and mounded over the trenches and left in a uniform and neat condition.

2.26 STABILIZATION AND BEDDING:

Granular stabilization material shall be used to replace soft, spongy, or other unsuitable material, including rock encountered in excavation, to the depths necessary to support the pipe or structure. Stabilization materials shall consist of suitable hard, durable granular material having the requirements of Section 2.25 a-4 "Stabilization Material" of these specifications.

Pipe bedding shall be defined as the portion of the trench between the side of the trench, six (6) inches below the bottom of the pipe and six (6) inches above the top of the pipe unless shown otherwise on the project drawings.

Bedding shall consist of leveling the trench at the bottom of the pipe zone and furnishing, placing, and compacting bedding material up to the spring line of the pipe. (See Section 2.25 “Backfilling”).

Pipe bedding material shall be placed to a minimum depth of six (6) inches under all pipe where trench stabilization or rock excavation is required.

Stabilization material and bedding material shall be approved by City Engineer prior to their use. Materials shall be obtained from areas approved by City Engineer.

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61 Stabilization and/or bedding material will not be paid for separately, but shall be considered as subsidiary to and a part of the cost for the applicable contract bid item.

2.27 TRENCH MAINTENANCE:

Contractor shall, for a period of one (1) year after completion and final acceptance of the work (issued in writing by City of Willits), maintain and repair any trench settlement which may occur and shall make suitable repairs to any pipe, pavement, or other structures which may become damaged as a result of backfill settlement.

2.28 DISPOSAL OF EXCESS MATERIAL:

Excess material, including rock, broken concrete, bituminous materials, debris or other materials not suitable for backfill, shall be removed from the site and wasted in the disposal areas selected by Contractor and approved by City Engineer (See Sections 2.19 and 2.20 of these specifications). Contractor shall be solely responsible for obtaining all required County of Mendocino and City of Willits grading permits for proper disposal of excess material. The disposal of such excess materials will not be paid for separately, but shall be considered as subsidiary to and a part of the cost for the applicable contract bid item.

Excess trench material shall be removed promptly and disposed of elsewhere by the Contractor at his own expense.

The Contractor shall not dump material on any private property without the permission of the owner thereof.

2.29 CLEANUP:

Upon completion of the work, the entire site shall be cleared of all debris, and ground surfaces shall be finished to smooth, uniform slopes and shall present neat and workmanlike appearance. Unpaved streets/driveways shall be graded to the satisfaction of City Engineer. Ditch lines shall be graded and reshaped to preconstruction condition.

Disturbed earth shall be reseeded with a mixture of native grasses and/or wildflowers. Cleanup will not be paid for separately, but shall be considered as subsidiary to and a part of the cost for the applicable contract bid item.

2.30 COMPACTION TESTING:

The City of Willits shall, at its expense, acquire the services of a certified soils testing laboratory approved by City Engineer to perform relative compaction tests per Section 6-3 of the City of Willits Standards and Specifications, Test Methods 231 and 216. Additional tests may be provided at Contractor's request and expense. These results shall be used as the basis for the determination of acceptability of all compaction under this contract.

During the course of construction, City will make periodic checks of soil compaction to assure compliance with these specifications. Such tests will be accomplished with a nuclear density meter. Satisfactory compaction tests results do not relieve Contractor of the responsibility as specified in Section 2.27, "Trench Maintenance" of these specifications.

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62 2.31 HYDROSTATIC TESTING:

Water pipes, fittings, valves and hydrants shall be subjected to a hydrostatic pressure test of a minimum 150 psi, at every point in the pipe being tested. However, the final test for acceptance shall be made only after all backfill is in place. Each valve section of pipe, or combined sections, as approved by the City Engineer, shall be subjected to a hydrostatic pressure of not less than 200 psi for 15 minutes, then 150 for 30 minutes for a total duration of 45 minutes.

Each section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a satisfactory manner. The pump, pipe connection, all necessary apparatus, gauges and measuring devices shall be furnished by the Contractor. The Contractor shall make the taps into the pipe and shall furnish all necessary assistance for conducting the test. Before applying the test pressure, all air shall be expelled from the pipe. To accomplish this, taps shall be made, if necessary, at the points of the highest elevation, and afterward tightly plugged. Valves on existing mains in services required to be operated in connection with this job shall be operated only by City personnel.

Suitable means shall be provided by the Contractor so that the City can determine the quality of water leakage under the test pressure. No pipe installation will be accepted until all leakage is stopped. The Contractor shall, at his own expense, locate the cause and repair any leakage.

Prior to hydrostatic testing the water pipe trench backfill shall be compacted per Section 2.25 of these Specifications.

Leakage is defined as the quantity of water to be supplied into the newly constructed water system, or any valved section thereof, necessary to maintain the specified test pressure.

Regardless of test results, the Contractor shall repair any leaks detected.

The hydrostatic test shall not be undertaken until at least seven (7) days after concrete thrust blocks have been installed, or three (3) days if Type III, high early strength Portland cement, is used.

The water pipe and appurtenances shall not exceed the allowable leakage requirements during the test period.

Contractor shall be required to provide all materials, equipment, and labor necessary to pressure test the water pipes.

All testing shall be coordinated and completed in the presence of an authorized City representative.

2.32 FLUSHING AND DISINFECTING:

All flushing and disinfecting of water pipes shall be coordinated with City of Willits Water Department. Before being placed in service, all new pipe shall be chlorinated. Prior to chlorination, all dirt and foreign matter shall be removed by PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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63 a thorough flushing. Each valved or plugged section of newly-laid pipe shall be flushed independently. This may be done either before or after the trench has been backfilled.

Chlorine may be applied by any of the standard methods indicated in AWWA C651, subject to the approval of the City.

The point of application of the chlorination agent shall be at the beginning of the pipe extension, or any valve section of it, and through a corporation stop inserted in the newly laid pipe.

Water from the existing distribution system shall be controlled to flow very slowly in the newly laid pipe during the application of chlorine. Valves on existing mains in service shall be operated only by City personnel. The rate of chlorine feed shall be in such proportion to the rate of water entering the pipe that the chlorine dose applied to the water entering the newly laid pipe shall be at least 100 ppm. Precautions shall be taken to prevent back pressure causing a reversal flow into treated pipe.

Treated water shall be retained in the pipe for a period of twenty-four hours. After the chlorine treated water has been retained for the required time, the chlorine residual at the pipe extremities and at representative points shall be at least five (5) parts per million. In the process of chlorinating, all valves and other appurtenances on the newly laid main shall be operated. Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe line. The water throughout its length shall, upon test, be proven both chemically and a bacteriological equal to the water quality serving the public from the existing water supply system.

Should the initial treatment, in the opinion of the City prove ineffective, the chlorination procedure shall be repeated until confirmed test show that the water sampled from the newly laid pipe conforms to the aforementioned requirements.

Care shall be taken, and if necessary provisions shall be made by the Contractor to insure no highly chlorinated water from treated pipelines enters any natural surface waters either directly or by way of any storm drainage system.

There shall be a 34-hour waiting period after blowing off the main prior to taking bacteria samples. The initial bacteria test shall be of the 28-hour duration type, in accordance with the State Department of Health Services requirements. If the initial bacteria test fails, two consecutive passing bacteria test must be obtained prior to making the tie-in. The first of these two subsequent tests shall be of the 24-hour duration type, and the second shall be of the 72-hour duration type. Bacteria test are valid for only 30 days. If there is more than a 30-day lapse between a passing bacteria test and the applicable tie-in, the bacteria test must be repeated prior to water main tie-in. Contractor shall be responsible for reimbursing the City for all cost associated with performing sample gathering and testing.

2.33 CONCRETE THRUST BLOCKS:

Concrete thrust blocks shall be provided at all bends, tees and valves as established and sized as shown on the drawings. The concrete shall have a minimum twenty-eight (28) day compression strength of 3000 pounds per square PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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64 inch. Each thrust block shall be poured against undisturbed earth. Install #4 rebar ties on valves and vertical bends.

Wrap all fittings with visquene prior to placing concrete.

Contractor shall furnish, at his or her expense, a mix design conforming to the Plans and Specs for each class of concrete proposed for the plans.

Concrete Mix design shall be by a testing laboratory approved by the engineer and shall be signed by a Civil Engineer registered in the State of California and Proportioning shall be 6 sack mix in accordance with ASTM C94. Contractor to provide aggregate test reports certified by the testing laboratory, which indicate compliance with ASTM C33.

Contractor shall allow inspection and testing to be performed by the City and/or a subsidiary testing firm appointed by the city. Contractor shall provide free access to work and cooperate with appointed firm. Contractor shall submit proposed mix design of each strength class of concrete for inspection and testing firm for review and approval prior to commencement of work. Tests of cement and aggregates may be performed to ensure conformance with requirements stated herein.

Three concrete test cylinders shall be taken for every 50 cubic yards, or fraction thereof, of each class of concrete placed. One slump test will be taken for each set of test cylinders taken. All concrete delivered to the site shall be observed by the testing technician for consistency with the load on which the slump test was performed.

Cement materials shall be Normal-Type II; high early strength Type III, Portland Type, ASTM C150. Fine and course aggregates shall have ASTM C33 1-1/2 inch maximum. Water used for admixture shall be clean and free from injurious amounts of oil, alkali, organic matter, and deleterious material. Concrete shall conform to ASTM C618 Fly Ash and Raw or Calcined Natural Pozzolan for use as a mineral admixture in Portland Cement Concrete. Fly ash shall be limited to 10% of total cementitious material. Non-shrink Grout shall be used capable of developing minimum compressive strength of 2000 psi in 2 days and 3000 psi in 28 days.

Contractor shall submit manufacturer’s compliance for concrete mix date sheets in the number and format as indicated in Shop Drawings and Submittals at least two days before concrete is to be placed.

Contractor shall notify City minimum 24 hours prior to commencement of any concreting operations.

Contractor to verify anchors, seats, plates, and other items to be cast into concrete are placed, held securely, and will not cause hardship in placing concrete. Contractor shall maintain records of poured concrete items. Records shall include record date, locations of pour, quantity, air temperature, and any other test samples taken. Contractor to ensure reinforcement, inserts, embedded parts, formed expansion and contraction joints are not disturbed during concrete placement. Excessive honeycomb or embedded debris in concrete is not acceptable and can be considered non- PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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65 compliant upon inspection. Where shown on the Plans or directed by Engineer, existing concrete shall be removed.

Concrete shall be saw cut full depth prior to installation of new cast-in-place concrete.

Removal of concrete shall comply with Section 2.11

2.34 HORIZONTAL DIRECTIONAL DRILLING:

The proposed waterline will be installed using the horizontal directional drilling method to avoid environmentally sensitive areas. The contractor will be responsible for installing Installation Plan:

1. The Contractor shall submit a detailed installation plan to the City Engineer 7 days prior to the mobilization of equipment. A detailed plan and profile of the bores are to be submitted with the plan and shall be at a scale no smaller than 1 inch equals 20 feet horizonal and vertical.

2. A list of the supervisory personnel, major equipment, and descriptions of methods to be used with be clearly stated in the plan.

Variation in Plan or Profile:

Changes to the proposed horizontal and vertical installation alignment and of the locations of the entry and exit points may be requested by the Contractor. Proposed changes shall be submitted in writing to the City Engineer. The Contractor must receive approval of the City Engineer prior to construction.

Qualifications:

Directional drilling and pipe installation shall only be done by an experienced Contractor that specializes in directional drilling. Key staff personal shall have a minimum of 5 years’ experience in horizontal directional drilling. The contractor shall have installed directionally drilled pipe of at least 20 inches in diameter, have installed a minimum of 100,000 feet in length, and performed crossings of at least 2,000 ft.

Handling Drilling Fluids and Cuttings:

1. The contractor shall be responsible for making adequate provisions for handling the drilling fluids, or cuttings at the entry and exit pits during the drilling, reaming, or pullback operations. To the greatest extent feasible, the fluids will not be discharged into waterways. Fluids or cuttings shall be hauled away to a suitable legal disposal site once the Contractor’s provisions for storage are full. Directional drilling operations shall be conducted in a manner to will not cause drilling fluids to be forces through the subbottom into any waterways. Upon completion of the directional drill work, the entry and exit pit locations shall be restored to original conditions.

2. Pits constructed at the entry or exit point area shall be so constructed to completely contain the drill fluid and prevent its escape to the beach or waterway.

3. The Contractor shall utilize drilling tools and procedures which will minimize the discharge of any drill fluids.

The Contractor shall comply with all mitigation measures listed in the required permits and elsewhere in these Specifications.

4. To the extent practical, the Contractor shall maintain a closed loop drilling fluid system.

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66 5. The Contractor shall minimize drilling fluid disposal quantities by utilizing a drilling fluid cleaning system which allows the returned fluids to be reused.

6. As part of the installation plan specified herein before, the Contractor shall submit a drilling fluid plan which details types of drilling fluids, cleaning and recycling equipment, estimated flow rates, and procedures for minimizing drilling fluid escape.

Drilling Operations:

1. The Contractor shall prepare a plan to be submitted for Engineer approval which describes the noise reduction program, solids control plant, pilot hole drilling procedure, the reaming operation, and the pullback procedure.

All drilling operations shall be performed by supervisors and personnel experienced in horizontal directional drilling. All required support, including drilling tool suppliers, survey systems, mud cleaning, mud disposal, and other required support systems used during this operation shall be provided by the Contractor.

2. Drill pipe shall be API steel drill pipe, Range 2, Premium Class or higher, Grade S-135 in a diameter sufficient for the torque and longitudinal loads and fluid capacities required for the work. Only drill pipe inspected under API’s Recommended Practice Specification API RP 7G within 30 days prior to start and certified as double white band or better shall be used.

3. A smoothly drilled pilot hole shall follow the design centerline of the pipe profile and alignment described on the construction drawings. The position of the drill string shall be monitored by the Contractor with the downhole survey instruments. Contractor shall compute the position in the X, Y and Z axis relative to ground surface from downhole survey data a minimum of once per length of each drilling pipe (approximately 31 foot interval). Deviations from the acceptable tolerances described in the Specifications shall be documented and immediately brought to the attention of the Engineer for discussion and/or approval. The profile and alignment defined on the construction drawings for the bores define the minimum depth and radius of curvature. At no point in the drilled profile shall the radius of curvature of the bore be less than 1,600 feet. The Contractor shall maintain and provide to the City Engineer, upon request, the data generated by the downhole survey tools in a form suitable for independent calculation of the pilot hole profile.

4. Between any water’s edge and the entry or exit point the Contractor shall provide and use a separate steering system employing a ground survey grid system, such as “TRU-TRACKER” or equal wherever possible. The exit point shall fall within a rectangle 10 feet wide and 40 feet long centered on the planned exit point.

5. During the entire operation, waste and leftover drilling fluids from the pits and cuttings shall be dewatered and disposed of in accordance with all permits and regulatory agencies requirements. Remaining water shall be cleaned by Contractor to meet permit requirements.

6. Technical criteria for bentonite shall be as given in API Spec. 13A, Specification for Oil Well Drilling Fluids Material for fresh water drilling fluids. Any modification to the basic drilling fluid involving additives must describe the type of material to be used and be included in Contractor’s drilling plan presented to the City Engineer. The City retains the right to sample and monitor the waste drilling mud, cuttings and water.

Environmental provisions:

1. The Horizontal Directional Drilling operation is to be operated in a manner to eliminate the discharge of water, drilling mud and cuttings to the adjacent creek or land areas involved during the construction process. The PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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67 Contractor shall provide equipment and procedures to maximize the recirculation or reuse of drilling mud to minimize waste. All excavated pits used in the drilling operation shall be lined by Contractor with heavy duty plastic sheeting with sealed joints to prevent the migration of drilling fluids and/or ground water.

2. The Contractor shall visit the site and must be aware of all structures and site limitations at the directional drill crossing and provide the City Engineer with a drilling plan outlining procedures to prevent drilling fluid from adversely affecting the surrounding area.

3. The general work areas on the entry and exit sides of the crossing shall be enclosed by a berm to contain unplanned spills or discharge.

4. Waste cuttings and drilling mud shall be processed through a solids control plant comprised as a minimum of sumps, pumps, tanks, desalter/desander, centrifuges, material handlers, and haulers all in a quantity sufficient to perform the cleaning/separating operation without interference with the drilling program. The cuttings and excess drilling fluids shall be dewatered and dried by the Contractor to the extent necessary for disposal in offsite landfills. Water from the dewatering process shall be treated by the Contractor to meet permit requirements and disposed of locally. The cuttings and water for disposal are subject to being sampled and tested. The construction site and adjacent areas will be checked frequently for signs of unplanned leaks or seeps.

5. Equipment (graders, shovels, etc.) and materials (such as groundsheets, hay bales, booms, and absorbent pads) for cleanup and contingencies shall be provided in sufficient quantities by the Contractor and maintained at all sites for use in the event of inadvertent leaks, seeps or spills.

6. Waste drilling mud and cuttings shall be dewatered, dried, and stockpiled such that it can be loaded by a front end loader, transferred to a truck and hauled offsite to a suitable legal disposal site. The maximum allowed water content of these solids is 50% of weight.

7. Due to a limited storage space at the worksites, dewatering and disposal work shall be concurrent with drilling operations. Treatment of water shall satisfy regulatory agencies before it is discharged.

2.35 SPECIAL PROVISIONS:

Biological Mitigations Notes:

The Contractor shall read and follow all biological mitigation notes found on the Plans and in section 2.35 of this technical specifications. The Contractor will be responsible for following all mitigations measures and costs associated with these measures shall be included in bid items #2. The biological mitigation notes are:

1. Prior to the start of construction, specific project locations that are associated with listed species and sensitive habitats will be identified and designated as Environmentally Sensitive Areas (ESAs) using high-visibility orange fencing, flagging and signage, or silt fencing. This applies specifically to areas with Baker’s meadowfoam and to the Oregon ash, valley oak, and other native trees within the project study area. ESAs shall be shown on project design plans or maps to be provided to construction personnel. The ESA fencing shall remain in place throughout the duration of the project related construction activities to prevent the encroachment of construction equipment/personnel into sensitive areas. Only the minimum area needed for vehicle access and the placement of side cast material shall be allowed; areas that are to be avoided shall be PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
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68 identified as ESAs. To the extent feasible, construction access, staging, storage, and parking areas shall be located in upland areas and outside of any designated ESA.

The special provisions of this bid package clearly describes acceptable fencing material and prohibited construction-related activities, vehicle operation, material and equipment storage, and other surface-disturbing activities within ESAs. The final project plans depicts all locations where ESA fencing or flagging and signage would be installed and how it would be installed.

2. Areas containing Baker's meadowfoam shall be protected with temporary fencing during construction, and these areas shall be avoided during construction. There shall be no side cast soil material placed in areas fenced for Baker’s meadowfoam protection.

3. To reduce the potential for the take of migratory birds, including passerines and raptors, and roosting bats, ground and noise disturbance within 100 feet of the on-site trees shall be timed to occur during the nonnesting/roosting season, from September 1 to October 15. If these seasonal work restrictions cannot be adhered to, the following measures shall be performed in order to avoid or minimize impacts to passerines and raptors that may potentially nest, and bats that may potentially roost, in the project area:
 A pre-construction nesting bird (both passerine and raptor) survey of the grasslands and adjacent trees shall be performed by a qualified biologist within seven (7) days of ground breaking. If no nesting birds are observed no further action is required and grading shall occur within one (1) week of the survey to prevent “take” of individual birds that could begin nesting after the survey. Inactive bird nests, other than those of eagles and threatened or endangered species, may be removed.  A bat habitat assessment of the adjacent trees for both foliage and cavity roosting bats shall be conducted by a qualified bat biologist within 14 days of the start of construction.  If active bird nests (either passerine and/or raptor) or bat roosts are observed during the preconstruction survey, a disturbance-free buffer zone shall be established around the nest/roost tree(s) until the young have fledged or the roosting has ceased, as determined by a qualified biologist.  The radius of the required buffer zone can vary depending on the species (i.e., 75-100 feet for passerines and bats, and 200-300 feet for raptors), with the dimensions of any required buffer zones to be determined by a qualified biologist in consultation with CDFW.  To delineate the buffer zone around a nesting tree, orange construction fencing shall be placed at the specified radius from the base of the tree within which no machinery or workers shall intrude. After the fencing is in place, there will be no restrictions on grading or construction activities outside the prescribed buffer zones.
 Work buffers or construction delays shall be implemented until all birds have fledged.

4. Prior to the start of construction, specific project locations where native trees and/or their root systems cannot be avoided by vehicle traffic and construction equipment, and/or would be utilized for the placement of side cast material, shall have rubber mats or other ground protection placed to minimize soil and root disturbance by vehicle traffic and construction equipment. The bid package special provisions shall clearly describe acceptable ground protection material and the final project plans shall clearly depict how and where the ground protection measures shall be installed. After construction is complete, the ground protection measures shall be removed, and the areas reseeded, as needed.

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69 5. Before construction activities begin, a qualified biologist shall conduct an education program for all construction personnel. The training shall include a description of special status species, including state listed species and associated habitats with potential to occur in the project study area; an explanation of the status of these species and their protection under the California Endangered Species Act (CESA); the measures to conserve listed species and their habitats as they relate to the work being done; proper soil excavation and replacement techniques; and boundaries within which construction may occur. A fact sheet conveying this information will be prepared and distributed to all construction crews. Upon completion of the program, personnel shall sign a form stating that they attended the program and understand all of the project mitigation measures and implications of subject regulations.

6. A Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a Section 401 Water Quality Certification from the North Coast Regional Water Quality Control Board (NCRWQCB) shall be obtained for impacts to wetlands, if required by the respective agencies. If required, these permits shall be obtained prior to implementation of the project. The project shall be designed to result in no net loss of functions and values of the existing wetlands by incorporating the following impact minimization measures:
 Vehicles and construction equipment shall be rubber tired, to the extent feasible.  Ground-protection measures, as described in Mitigation Measure 4, shall be placed in turn-around areas for vehicles and construction equipment to prevent the removal of vegetation and soil disturbance.
 Where excavation occurs, soil shall be removed in lifts with the top 8 to 12 inches of topsoil removed and cast to one side and the remaining subsoil placed separately such that when the access hole is refilled the topsoil, along with all the seeds, will be in the same position in the soil profile, thus allowing for quick reestablishment of existing species and reestablishment of the wetland functions and values.
 Following construction, the approximate and original contours of the disturbed areas shall be restored to pre-project conditions, to the extent feasible, and any areas of bare soil shall be seeded with a native grass seed mixture comprised of species known to occur in the area.

7. To prevent the inadvertent entrapment of animals during construction, all excavated, steep-walled access holes more than 1-foot deep shall be covered at the close of each working day with plywood or other suitable material(s) or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes are filled, they must be thoroughly inspected for trapped animals. All replacement pipes, culverts, or similar structures stored overnight will be inspected before they are subsequently moved, capped, and/or buried. If at any time a listed species is discovered, the contractor and qualified biologist shall be immediately informed. The animal shall be allowed to move out of the area on its own volition or until the qualified biologist notifies the contractor to resume work in the area.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
70 SECTION 03 - DETAILED DESCRIPTIONS OF THE BID ITEMS
The following section contains detailed descriptions and measurement and payment of bid items:

ITEM #1: MOBILIZATION, INSURANCE, AND PERMITS
Mobilization shall conform to the provisions in Section 11, “Mobilization,” of the State Standard Specifications and to these Technical Specifications. Construction insurance shall adhere to the requirements set forth in the contract documents.

Measurement & Payment: Payment for this item shall be on a lump sum basis. Payment for this item shall be in accordance with Section 2 of the State of California, Business and Transportation Agency, Department of Transportation (Caltrans), Standard Specifications, latest edition and include all work as defined in this section. No additional compensation will be allowed.

ITEM #2: STORM WATER POLLUTION PREVENTION PLAN
Attention is directed to the provisions in Section 7-1.01G, “Water Pollution”, of the State Standard Specifications and these Technical Specifications.

The Contractor is responsible for furnishing and shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumen, calcium chloride and other harmful materials and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays, and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.

Any silt fencing shall conform to the erosion and sediment control detail in the plan set.

Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways, and other bodies of water, and shall consist of constructing those facilities which may be shown in the plans, specified herein or in the Technical Specifications, or directed by the City Engineer.

Before starting any work on the project, the Contractor shall submit, for acceptance by the City, a program to control water pollution effectively during construction of the project. Such a program shall show the schedule for all the water pollution control measures which the Contractor proposes to take in connection with construction of the project to minimize the effects of his operation upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing or grubbing or earthwork on the project, other than that specifically authorized in writing by the City Engineer, until such a program has been accepted.

The City will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than 5 working days.

Measurement & Payment: Payment for this item shall be on a lump sum basis, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in producing and implementing a Storm Water Pollution Prevention Plan, including all requirements defined in the Plans and these Special Provisions; and the biological mitigation measures defined in section 2.35 of the special provisions. No additional compensation will be allowed for erosion and sediment control measures.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
71 ITEM #3: 10” DR-11 HDPE WATER MAIN
Pipe and fittings
HDPE Pipe:

Water pipe material shall be DR-11 HDPE. All piping systems components shall be products of one manufacturer and shall conform to the latest edition of ASTM D1248, ASTM D3350, and ASTM F714. All polyethylene pipe shall be cut, fabricated, and installed in strict conformance with the pipe manufacturer’s recommendations. Joining, laying, and pulling of polyethylene pipe shall be accomplished by personnel experienced in working with polyethylene pipe.

Care shall be taken during transportation of the pipe to ensure that it is not cut, kinked, or otherwise damaged. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects which could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature condition. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such widths as not to allow deformation of the pipe at the point of contact with the sleeper or between supports.

Pipes and Bends:

Piping and Bends shall be extruded from a polyethylene compound and shall conform to the following requirements:

1. The polyethylene resin shall meet or exceed the requirements of ASTM D3350 for PE 3408 material with a cell classification of 335434C, or better.

2. The polyethylene compound shall be suitably protected against degradation by ultraviolet light by means of carbon black, well dispersed by precompounding in a concentration of not less than 2 percent.

3. The maximum allowable hoop stress shall be 800 psi at 73.4 degrees F.

4. The pipe manufacturer shall be listed with the Plastic Pipe Institute as meeting the recipe and mixing requirements of the resin manufacturer for the resin used to manufacture the pipe in this project.

5. The pipe and bends shall have a minimum standard dimension ratio (SDR) wall thickness as specified by the City Engineer.

6. Joining shall be performed by thermal buttfusion in accordance with the manufacturer’s recommendations.

7. Water pipe exterior shall be blue in color or contain blue striping.

Handling Pipe:

1. The handling of the joined pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. Ropes, fabric, or rubber protected slings and straps shall be used when handling pipes.

Chains, cables, or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. Pipe or fittings shall not be dropped onto rocky or unprepared ground. Slings for handling the pipeline shall not be positioned at butt-fused joints. Sections of the pipes with cuts and gouges exceeding 10 percent of the pipe wall thickness or kinked sections shall be removed and the ends rejoined.

2. The open ends of all sections of joined and/or installed pipe (not in service) shall be plugged at night to prevent animals or foreign material from entering the pipeline or pipe section.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
72 3. Waterproof nightcaps of approved design may be used but they shall also be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose.

4. The practice of stuffing cloth or paper in the open ends of the pipe will be considered unacceptable.

5. Where possible, the pipe shall be raised and supported at a suitable distance back from the open end such that the open end will be below the level of the pipe at the point of support.

Installation:

1. The Contractor shall install the pipelines by means of horizontal directional drilling. The Contractor shall assemble, support, and pretest the pipeline prior to installation in the directional drill tunnel.

2. Horizontal directional drilling shall consist of the drilling of a small diameter pilot hole from one end of the alignment to the other, followed by enlarging the hole diameter for the pipeline insertion. The exact method and techniques for completing the directionally drilled installation will be determined by the Contractor, subject to the requirements of these Specifications.

3. The Contractor shall prepare and submit a plan to the Engineer for approval for insertion of the HDPE pipe into the opened bore hole. This plan shall include pullback procedure, ballasting, use of rollers, side booms and side rollers, coating protection, internal cleaning, internal gauging, hydrostatic tests, dewatering, and purging.

4. The required piping shall be assembled in a manner that does not obstruct adjacent roadways or public activities.

The Contractor shall erect temporary fencing around the entry and exit pipe staging areas.

Joining Pipe Sections:

1. Each length of pipe shall be inspected and cleaned as necessary to be free of debris immediately prior to joining.

2. Pipes shall be joined to one another by means of thermal butt-fusion. Polyethylene pipe lengths to be joined by thermal buttfusion shall be of the same type, grade, and class of polyethylene compound and supplied from the same raw material supplier.

3. Mechanical connections of the polyethylene pipe to auxiliary equipment shall be through flanged connections which shall consist of the following:
 A polyethylene “sub end” shall be thermally butt-fused to the ends of the pipe.  Provide ASTM A240, Type 304 stainless steel backing flange, 125-pound, ANSI B16.1 standard, and gaskets as required by the manufacturer.
 Stainless Steel bolts and nuts of sufficient length to show a minimum of three complete threads when the joint is made and tightened to the manufacturer’s standard. Retorque the nuts after 4 hours.  Butt-Fusion Joining: Butt-fusion of pipes shall be performed in accordance with the manufacturer’s recommendations as to equipment and technique. Butt-fusion joining shall be 100% efficient offering a joint weld strength equal to or greater than the tensile strength of the pipe.

Tolerances:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
73 1. Pipe installed by the directional drilled method must be located in plan as shown on the Drawings, and must be no shallower than shown on the Drawings unless otherwise approved. The Contractor shall plot the actual horizontal and vertical alignment of the pilot bore at intervals not exceeding 30 feet. This “as built” plan and profile shall be updated as the pilot bore is advanced. The Contractor shall at all times provide and maintain instrumentation that will accurately locate the pilot hole and measure drilling fluid flow and pressure. The Contractor shall grant the City Engineer access to all data and readout pertaining to the position of the bore head and the fluid pressures and flows. When requested, the Contractor shall provide explanations of this position monitoring and steering equipment. The Contractor shall employ experienced personnel to operate the directional drilling equipment and, in particular, the position monitoring and steering equipment. No information pertaining to the position or inclination of the pilot bores shall be withheld from the City Engineer.

2. Each exit point shall be located as shown with an over-length tolerance of 10 feet for directional drills of 1,000 linear feet or less and 40 feet for directional drills of greater than 1,000 linear feet and an alignment tolerance of 5 feet left/right with due consideration of the position of the other exit points and the required permanent easement.

The alignment of each pilot bore must be approved by the City Engineer before pipe can be pulled. If the pilot bore fails to conform to the above tolerances, the City Engineer may, at his option, require a new pilot boring to be made.

3. After the pipe is in place, cleaning pigs shall be used to remove residual water and debris. After the cleaning operation, the Contractor shall provide and run a sizing pig to check for anomalies in the form of buckles, dents, excessive out-of-roundness, and any other deformations. The sizing pig run shall be considered acceptable if the survey results indicate that there are no sharp anomalies (e.g. dens, buckles, gouges, and internal obstructions) greater than 2 percent of the nominal pipe diameter, or excessive ovality greater than 5 percent of the nominal pipe diameter. For gauging purposes, dent locations are those defined above which occur within a span of five feet or less. Pipe ovality shall be measured as the percent difference between the maximum and minimum pipe diameters.

For gauging purposes, ovality locations are those defined above which exceed a span of five feet.

Ream and Pullback:

1. Reaming: Reaming operations shall be conducted to enlarge the pilot after acceptance of the pilot bore. The number and size of such reaming operations shall be conducted at the discretion of the Contractor.

2. Pulling Loads: The maximum allowable pull exerted on the HDPE pipelines shall be measured continuously and limited to the maximum allowed by the pipe manufacturer so that the pipe or joints are not over stressed.

3. Torsion and Stresses: A swivel shall be used to connect the pipeline to the drill pipe to prevent torsional stresses from occurring in the pipe.

4. The lead end of the pipe shall be closed during the pullback operation.

5. Pipeline Support: The pipelines shall be adequately supported by rollers and side booms and monitored during installation so as to prevent over stressing or buckling during the pullback operation. Such support/rollers shall be spaced at a maximum of 60 feet on centers, and the rollers to be comprised of a non-abrasive material arranged in a manner to provide support to the bottom and bottom quarter points of the pipeline allowing for free movement of the pipeline during pullback. Surface damage shall be repaired by the Contractor before pulling operations resume.

The contractor shall at all times handle the HDPE pipe in a manner that does not over stress the pipe. Vertical and horizontal curves shall be limited so that wall stresses do not exceed 50% of yield stress for flexural bending of the HDPE pipe. If the pipe is buckled or otherwise damaged, the damaged section shall be removed and replaced by PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
74 the Contractor at his expense. The Contractor shall take appropriate steps during pullback to ensure that the HDPE pipe will be installed without damage.

Flushing, disinfection, and hydrostatic testing shall conform to Section 2.32 and Section 2.31 of these Specifications, respectively.

Concrete thrust blocks shall conform to Section 2.33 of these Specifications, per details on the Plans, and shall be placed in locations shown on the Plans, appropriate City Standards, or as specified by an authorized City representative.

For a minimum distance of five (5) feet from the open end of the pipe, not protected by a headwall or inlet structure, the bedding and initial backfill material shall consist of native materials. Compaction of the bedding and initial backfill material shall be accomplished by shovel slicing, or other means as directed by City Engineer, to assure that all voids under the pipe haunches are filled.

Existing pipes shall be abandoned where indicated on the Plans or as directed by an authorized City representative per Detail 6, Sheet C4.3, of the Plans, and City Standard 312.

Connection to Existing Pipe:

Connection to existing pipe shall be made in accordance with the details shown on the Plans, or as directed by Engineer.

Connection to existing pipe shall be coordinated with City of Willits Water Department.

Connection shall be made at times of low water demand. The time and method of connection to existing water pipe shall be approved by City representative prior to such connection. The disruption and construction of the water service shall be for as short a period as possible.

All joints of a tie-in connection to the City's distribution system shall be mechanically restrained.

Notification shall conform to Section 2.9 of these specifications.

Excavation and Backfilling:

The excavation of the pit for the directional drilling rig and backfill shall conform to the details on the Plans, City Standards, and these Special Provisions. Special attention is to be given to the separation of topsoil from the remainder of the materials during excavation and the backfill requirements for the native material and native topsoil as outlined in the plans, these Special Provisions and the associated environmental documents.

To insure the safety of worker and to protect and to facilitate the work, sufficient bracing and shoring shall be installed in all excavations to conform to OSHA requirements.

Bedding material shall be sand conforming to Detail 1 Sheet C4.2 of the Plans & Section 2.25 of these specifications. Prior to placement of the bedding material, subgrade enhancement fabric, 4-8” cobble, and Class II aggregate base shall be placed and compacted per Detail 1, Sheet C4.2. Cobble shall comply with the Standard Specifications, Trenches shall not be open longer than the time required to place the pipe and backfill to the adjoining grade. Trenches shall be backfilled & compacted to meet Section 2.25 per the same day within the allowable working hours.

Trenches shall be resurfaced according to Detail 1, Sheet C4.2 of the Plans and cleaned up per Section 2.29 of these specifications.

Trench excavation and backfill shall conform to the details on the Plans, City Standards, and these Special Provisions.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
75 Subgrade enhancement fabric shall be Mirafi 600X or approved equal and shall be placed where shown on the plans and at locations designated by the City Engineer.

Subgrade enhancement fabric shall be manufactured from one or more of the following materials: polyester, nylon, or polypropylene.

Subgrade enhancement fabric shall conform to the following:

Specification
Requirement
Woven Non-Woven
Weight, grams per square meter, min.

ASTM Designation: D 5261
203 203
Grab tensile strength (25-mm grip),
kilonewtons, min. in each direction
ASTM Designation: D 4632

0.90 0.81
Modulus (Tensile strength at 10%
Elongation) Kilonewtons, min.
1,200 NA
Elongation at break, percent min.

ASTM Designation: D 4632
35 max. 50 min.

Subgrade enhancement fabric shall be furnished in an appropriate protective cover that shall protect it from ultraviolet radiation and from abrasion due to shipping and handling, and shall remain in said cover until installation.

Subgrade enhancement fabric shall be accompanied by a Certificate of Compliance conforming to the provisions in Section 6-1.07, “Certificate of Compliance,” of the Standard Specifications.

The subgrade to receive the fabric, immediately prior to placing, shall conform to the compaction and elevation tolerance specified in Section 25-1.03, “Subgrade,” of the Standard Specifications and these special provisions and shall be free or loose or extraneous material and sharp objects that may be damage the fabric during installation.

Subgrade enhancement fabric shall be handled and placed in accordance with the manufacturer’s recommendations and shall be positioned longitudinally along the directional drilling pits and pulled taut to form a wrinkle-free mat.

Adjacent borders of the fabric shall be overlapped a minimum of 18 inches.

The amount of subgrade enhancement fabric placed shall be limited to that which can be covered with aggregate base or other material, as shown on the plans, within 72 hours.

Should the fabric be damaged during placing, the damaged section shall be repaired by placing a new piece of fabric over the damaged area. Said piece of fabric shall be large enough to cover the damaged area and to provide a minimum 3-foot overlap on all edges.

Damage to the fabric resulting from the Contractor’s vehicles, equipment, or operations shall be repaired at the Contractor’s expense.

During spreading and compaction of the aggregate base material or of other material placed immediately above the fabric, vehicles and equipment shall not be driven directly on the fabric. A sufficient thickness of material shall be maintained between the fabric and the equipment to prevent damage to the fabric.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
76 Submittals:

Submittals confirming conformance with these specifications are required for pipe material, fittings, aggregate base, cobble, subgrade enhancement fabric, and pipe bedding material. Required submittals shall include Test Reports and Product Data.

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price per linear foot. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to placing new DR-11 HDPE water pipe, horizontal directional drilling, as described in this section and shown on the plans, including but not limited to:
 excavation, backfilling, and compaction
 all trenching, trench shoring, and horizontal directional access pits  removal and disposal of material
 protection of any existing utilities
 control of groundwater
 installation of new pipe to line and grade
 couplers and other fittings as needed
 plugging and abandoning existing pipes as necessary
 deflection testing of new pipe, and no additional compensation will be allowed.

ITEM #4: ELIAS WELL CONNECTION ASSEMBLY
This project involves piping for the connection to one (1) existing well assembly, involving the construction of ductile iron spooling, 10”x6” ductile iron reducer, 10” flange adapter, 10” ductile iron 90-degree bend, and associated fittings and connection fasteners. Construction shall be conducted generally per Detail 2, Sheet C4.2 of the Plans.

If it is necessary to terminate service to any customer, the contractor shall make the request for such work an additional 72-hours (three additional working days for a total of five working days advance notice) in advance of the time such services are desired to allow the customers affected to have a minimum 72-hour notice.

Pipe and fittings:

Ductile Iron Pipe shall be cement lined, new pipe conforming to ANSI A 2151 1976 or most recent issue, in any, as sponsored by the American Water Works Association for thickness Class 53 Ductile Iron Pipe. The pipe shall be furnished with either Bell and Spigot ends, “Tyton Joints” or Mechanical Joints except where otherwise specified on the plans.

Water pipe material shall be Ductile iron pipe shall be as specified in and installed per AWWA C600 or l test revision and in accordance with the manufacturer’s recommendations. Furnish pipe as required.

The minimum wall thickness for ductile-iron pipe shall be as specified in AWWA C150 for the design pressure class, and thickness Class 53 for flanged spools, unless indicated otherwise on the plans or elsewhere in the project specifications.

Mechanical joints shall be submitted for review by the engineer before installation for review.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
77 Flanges for ductile-iron pipe, when required, shall be "screwed-on" type in accordance with ANSI/AWWA C115/A-21.15.

Unless otherwise indicated on the drawings, all fittings with flanged ends shall comply with ANSI/AWWA C110/A21.10, with a pressure rating of 250 psi and a Class 125 ASME/ANSI B-16.1 flange or an ANSI/AWWA C115/A-21.15 Class 125 flange.

Bolts/connecting hardware shall be of high strength low alloy material in accordance with ANSI/AWWA C111/A21.11.

Mechanical joints with retainer gland fittings will only be allowed in areas specifically called for on the project plans or as approved by the City as a substitute for other types of fittings. Mechanical joint fittings shall meet or exceed the ASTM A536 requirements.

Gaskets for Flanged Joints: Gaskets for flanged joints shall be 1/8-inch thick and be made of Ethylene Propylene Diene Monomer (EPDM), or synthetic fiber. Gaskets shall be suitable for a water pressure of 350 psi at a minimum temperature of 180°F. Gaskets shall be NSF 61 certified for potable water applications. For potable and non-potable water applications, gaskets shall be compatible with water that may have a chlorine residual of 25 mg/L.

Restraint Devices for bell and spigot joints of Ductile Iron Pipe shall consist of a split restraint ring installed on the spigot, connected to a solid back-up ring seated behind the bell. The split restraint ring shall incorporate a series of machined serrations (not "as cast") on the inside diameter to provide positive restraint, exact fit and 360 degree contact and support of the pipe wall. The solid back-up ring shall have a beveled leading edge to assure exact fit behind the pipe bell. Restraint Devices shall be of ductile iron, ASTM A536, Grade 65-45-12 and connecting bolts shall be of high strength, low alloy material in accordance with ANSI/AWWA C111/A21.11.

Flushing, disinfection, and hydrostatic testing shall conform to Section 2.32 and Section 2.31 of these Specifications, respectively.

Laying of Pipe:

Individual pieces of pipe, valves and fittings shall be joined by placing the rubber rings on the machined ends of the pipe and pulling the couplings, calves or fittings in accordance with the manufacturer’s recommendations. The rings shall be checked to be sure they are in the proper position after the coupling is in place. Care shall be taken to insure proper seating of the rings, and adapters shall be utilized for connections as required by the manufacturer. Fittings for Ductile Iron pipe shall be either the mechanical joint type or the push-on type. In all cases the pipe shall be laid so that total joint deflection is not greater than that for which the joint is designed nor lesser than provisions within AWWA C605, Section 8.6, whichever is more stringent. Any pipe that has its grade or joint disturbed after laying shall be taken up and re-laid. The interior of all pipe shall be thoroughly cleansed of all foreign matter before being lowered into the trench and shall be kept clean during laying operations by use of plugs or other approved devices. Under no circumstances shall pipe be laid in water and no pipe shall be laid when trench or weather conditions are unsuitable for such work. At all times when work is not in progress, all open ends of pipe and fittings shall be securely closed with plugs or caps so that no trench water, earth or other substances will enter the pipe or fittings.

Each and every length of pipe and coupling shall be marked with the manufacturer’s name, lot number and the date the pipe was tested. The pipe shall be tested in accordance with the most recent American Water Works Standard Specifications and amendments thereto for the pipe furnished. The testing shall be performed in a State licensed materials testing laboratory where the testing standards meet or exceed State of California testing standards.

Accompany or preceding each load of pipe delivered, a certificate shall be furnished to the City certifying that the pipe which is (to be) delivered has been tested and meets the requirements of the American Water Works Association Standard Specifications. The certificate shall identify the pipe by manufacturer’s name, lot number and date tested by a State certified materials testing laboratory. A number 10 insulated copper wire shall be laid on top of and long the entire length of all nonmetallic service laterals and mains and shall be extended to the surface at all valve, blow-off and meter box locations sufficiently for locator equipment to be attached.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
78 Any section of pipe already laid and found to be defective shall be taken up and replaced with new pipe without additional expense to City. Contractor shall backfill all excavation by the end of each work day.

All pipe shall be laid to the depth shown on the drawings, or at such other depths as may be established by Engineer in order to connect the new pipe to the existing water pipe.

Joints with pipes of differing materials shall be made with appropriate adapters approved by Engineer, but in no case shall threading of the PVC pipe wall be allowed. All pipe shall be installed per manufacturer's recommendation.

Concrete thrust blocks shall conform to Section 2.33 of these Specifications, per details on the Plans, and shall be placed in locations shown on the Plans, appropriate City Standards, or as specified by an authorized City representative.

For a minimum distance of five (5) feet from the open end of the pipe, not protected by a headwall or inlet structure, the bedding and initial backfill material shall consist of native materials. Compaction of the bedding and initial backfill material shall be accomplished by shovel slicing, or other means as directed by City Engineer, to assure that all voids under the pipe haunches are filled.

Existing pipes shall be abandoned where indicated on the Plans or as directed by an authorized City representative per Detail 6, Sheet C4.3, of the Plans, and City Standard 312.

Pipe Sleeves:

Install sleeves for pipes passing through any floor or foundation. Cut sleeves 3” above finish floor level.

Connection to Existing Pipe:

Connection to existing pipe shall be made in accordance with the details shown on the Plans, or as directed by Engineer.

Connection to existing pipe shall be coordinated with City of Willits Water Department.

Connection shall be made at times of low water demand. The time and method of connection to existing water pipe shall be approved by City representative prior to such connection. The disruption and construction of the water service shall be for as short a period as possible.

All joints of a tie-in connection to the City's distribution system shall be mechanically restrained.

Notification shall conform to Section 2.9 of these specifications.

Trenching and Backfilling:

Trench excavation and backfill shall conform to the details on the Plans, City Standards, and these Special Provisions.

To insure the safety of worker and to protect and to facilitate the work, sufficient bracing and shoring shall be installed in all excavations to conform to OSHA requirements.

Bedding material shall be sand conforming to Detail 1 Sheet C4.2 of the Plans & Section 2.25 of these specifications.

Trenches shall not be open longer than the time required to place the pipe and backfill to the adjoining grade. Trenches shall be backfilled & compacted to meet Section 2.25 per the same day within the allowable working hours.

Trenches shall be resurfaced according to Detail 1, Sheet C4.2 of the Plans and cleaned up per Section 2.29 of these specifications.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
79 Trench excavation and backfill shall conform to the details on the Plans, City Standards, and these Special Provisions.

Submittals:

Submittals confirming conformance with these specifications are required for pipe material, fittings, aggregate base, and pipe bedding material. Required submittals shall include Test Reports and Product Data.

Measurement & Payment: Measurement and payment for this item will be paid for at the contract price per linear foot.

Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to placing new DR-11 HDPE water pipe, trench resurfacing, as described in this section and shown on the plans, including but not limited to:
 excavation, backfilling, and compaction
 all trenching and trench shoring
 removal and disposal of material
 protection of any existing utilities
 control of groundwater
 installation of new pipe to line and grade
 couplers and other fittings as needed
 plugging and abandoning existing pipes as necessary
 deflection testing of new pipe, and no additional compensation will be allowed.

ITEM #5: 8” GATE VALVE
Contractor is responsible for the installation of one (1) new 8” gate valves and associated appurtenances per the Detail 4, Sheet C4.2 of the Plans.

Contractor shall accurately locate and record the location of existing valve boxes, cleanout boxes, and monument covers to be raised to grade and shall furnish the City Engineer a copy of said record prior to starting construction.

Gate valve shall conform to AWWA Standard C504 or latest revision and shall be the resilient seat type with non-rising stem, opening counter-clockwise with O-ring stem seal and suitable ends for connections to type of pipe or fitting used. The working pressure rating of gate valves shall meet or exceed the pressure rating of the pipe specified on the plans. External bolts and nuts shall be 304 stainless or poly wrapped. Gate valves shall be Clow, Waterous, or AVK valve, or approved equal. Contractor shall construct gates valve per Detail 4 on Sheet C4.2 of the Plans.

All sections of valve boxes, clean-out boxes, and monument cover grade rings shall be set in cement mortar the same day that the grade rings are placed. A number 10 insulated copper wire shall be laid on top of and long the entire length of all non-metallic service laterals and mains and shall be extended to the surface at all valve, blow-off and meter box locations sufficiently for locator equipment to be attached.

All fittings shall be ductile iron fittings conforming to ASNI/AWWA C110/C153 or latest revision and shall have the proper type of ends to match the type of pipe used. Gray iron fittings shall be coated inside and outside with a petroleum asphaltic coating conforming to AWWA C110 and shall meet or exceed the pressure rating of the pipe to be installed.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
80 Ductile iron fittings shall be cement mortar lined in accordance with AWWA C104 or latest revision and shall have a petroleum asphaltic coating conforming to AWWA C110. Ductile iron fittings shall have a minimum pressure rating of 250 psi and shall otherwise meet or exceed the pressure rating of the pipe to be installed and shall have a minimum Class 53 thickness rating.

All silt and debris shall be removed from valve boxes and monument vaults. This shall include all existing silt and debris plus any material accumulated during the Contractor's operation.

Each gate valve shall be covered by a precast 8” valve box set flush with ground surface with cast iron ring and cover marked “WATER”. The valve boxes are to be Christy G5, VG8, or approved equal.

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price for each valve, clean-out, or monument box raised to grade after paving. This price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and doing all work included in raising manholes to grade as defined in this section and per City Standards.

Payment for this item includes:
 removal and disposal of materials,
 location of utility manholes,
 provision, placement, and finishing of concrete,
 raising of valve, clean-out, and monument boxes to grade as described above, and  no additional compensation will be allowed.

ITEM #6: ABANDON EXISTING WATER PIPE & VALVE
Existing 6” water main shall be excavated at valve. Valve shall be fully shut off. Existing 6” main shall be severed, and remaining pipe end shall be abandoned per Detail 6, Sheet C4.3 of the plans. Excavation shall be backfilled in lifts no greater than six inches (6”) of ¾” Class II aggregate base, conforming to Section 26 of the State Standard Specifications.

Base course shall be compacted to a minimum of 95% relative compaction.

The conduit container for the existing box for existing valve shall be removed and disposed of per Section 2.28 of these Specs.

Excavation (where required) shall conform to trenching Detail 1, Sheet C4.2 of the plans and Section 2.20 of these Specs.

Measurement & Payment: Measurement and payment for this item will be paid for on a at the contract price for each. The price shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in abandoning the existing water main and valve as defined in this section and as shown on the Plans, including, but not limited to:
 saw-cutting existing concrete,
 excavation (per Section 2.20 of these Specs),
 removal, disposal, & cleanup of existing facilities and materials, (per Section 2.28 of these Specs) PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
Groundwater Resiliency Improvement Project
Project No. 2022-03
81  provision and installation of temporary blowoff flange on ex. 8” line (as necessary)  abandoning existing 6” water main pipe,
 backfilling and compaction (per Section 2.25 of these Specs), ITEM #7: CONNECT TO EXISTING 8” WATER MAIN
Connection to existing 8” water main shall be made in accordance with the details shown on the Plans, or as directed by Engineer. Connection to existing pipe shall be coordinated with City of Willits Water Department.

Connection shall be made at times of low water demand. The time and method of connection to existing water pipe shall be approved by City representative prior to such connection. The disruption and construction of the water service shall be for as short a period as possible.

All construction material debris shall be removed after work is complete.

The New 8” gate valve shall conform to specifications outlined in bid Item #5.

A 2000PV MEGALUG mechanical joint restraint shall be used to connect to the existing 8” C900 PVC water main Notification shall conform to Section 2.9 of these specifications.

Measurement & Payment: This item will be paid for at the contract price for each connection to existing 8” water main, which will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in connecting to the existing 8” water main as described in this section, including but not limited to:
 excavation, backfilling, and compaction
 any necessary shoring
 removal and disposal of material
 control of groundwater
 installation of new pipe to line and grade
 couplers and other fittings as needed
 plugging and abandoning existing pipes as necessary
 removal of existing pipe or existing gate valve as necessary.

Resolution No. 2022-__ Page 1 of 2 August 10, 2022
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING FINAL

PLANS AND SPECIFICATIONS FOR THE GROUNDWATER RESILIENCY IMPROVEMENT PROJECT, PHASE I, (PROJECT NO. 2022-03), AND AN AWARD OF A CONSTRUCTION CONTRACT TO WAHLUND CONSTRUCTION, INC., OF EUREKA, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $466,880, CONTINGENT ON THE APPROVAL OF 401 & 404 PERMITS FOR THE PROJECT, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE CONTRACT AND APPROVE CONSTRUCTION CHANGE ORDERS UP TO A CUMULATIVE TOTAL OF 10% OF THE TOTAL CONTRACT AMOUNT WHEREAS, the scope of work for this project includes upgrading an existing 3600’ of 6” schedule 40 raw groundwater pipeline, with 10” HDPE pipe using horizontal drilling technology to minimize impacts to wetlands in the project area, and
WHEREAS, the project was advertised for competitive bids on June 30th, 2022 and three bids were received for the project and publicly opened on July 28, 2022 and WHEREAS, Wahlund Construction, Inc., of Eureka, California, is the lowest responsive, responsible bidder, and
WHEREAS, the bid analysis indicates that the bid is responsive and competitive, the contractor has good references, and has completed similar projects, and WHEREAS, staff anticipates receipt of the 401 & 404 environmental permits in time for construction; however, the permitting agencies cannot guarantee their approval date; and WHEREAS, staff recommends that this contract for the Groundwater Resiliency Improvement Project, Phase I. Project No. 2022-03, be awarded to the lowest bidder, Wahlund Construction, Inc., of Eureka, California, for their bid amount of $466,880, contingent on the approval of the 401 & 404 permits, and
WHEREAS, the total cost of the project, including contingency, construction engineering and inspection, is estimated at $538,568, which will be paid for from the Water Fund (503-5032), the majority of which will be reimbursed from the Proposition 1 grant, which covers preliminary engineering and construction expenses up to a total of $551,156.

NOW, THEREFORE BE IT RESOLVED, that City Council awards a construction contract to Wahlund Construction, Inc., in an amount not to exceed $466,880, for the Groundwater Resiliency Improvement Project, Phase I, Project No. 2022-03, and authorizes the City Manager to execute the contract.

BE IT FURTHER RESOLVED, that the City Council, upon recommendation from the City Engineer, authorizes City Manager to approve and execute change orders up to a cumulative total of 10% of the total contract amount.

The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 10th day of August 2022, by the following vote:

AYES:

Resolution No. 2022-__ Page 2 of 2 August 10, 2022
NOES:

ABSENT:

ATTEST:
__________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk
Item No. 9b
Meeting Date: 08/10/22

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Manuel J. Orozco, Finance Director/City Treasurer Agenda Title: PRESENTATION AND POSSIBLE ACTION ON ADOPTING AN INVESTMENT POLICY AND THE IMPLEMENTATION OF A PROPOSED INVESTMENT STRATEGY FOR IDLE CITY FUNDS.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 min Summary of Request:

Staff proposes two actions to move quickly and take advantage of the increase in interest rates for Bond and CD investments. The current procedure is for staff to present the investment strategy to Council and gain approval to invest funds. However, this strategy is slow due to Brown Act limitations and investments that present themselves one day are usually unavailable just days later. This stalls progress in reinvestment and since last year there has been over $3.8 million setting idle in an account with another three investments maturing this past May.

Presently, since the maturing of the three investments in May, the City has $4.6 million dollars in surplus cash idle in the US Bank waiting for re-investment. The Local Agency Investment Fund (LAIF) has an additional balance. The present interest rate paid by LAIF by the quarter is 1.08-percent. However, the interest rate for LAIF has been as low as 0.066-percent.

City staff would like to address the Investment Policy and the procedures behind reinvestment to continually reinvest idle funds by designating the Treasurer and City Manager with the authority to re-invest idle funds. It is necessary to appoint a designee(s) to facilitate the reinvestment of idle funds to earn interest to counter inflation as best as possible.

Currently, CPI has reached 9.1-percent as of the June Bureau of Labor Statistics report. This means that the cost of purchasing power has lowered. This is occurring while our idle funds are parked and that means that the balance in our accounts have lost around 9.1-percent of its purchasing power if it was left in the bank since last year. This means the city has experienced a $352,000 drop in purchasing power in idle funds.

Attached in Exhibit A is a listing of potential investment opportunities. All prices were based on market valuations as of August 2, 2022. Pricing will be different on the date of purchase. The plan is to ladder our investments to have them mature in 3, 2, and 1-year increments. If we can use these exact issues (when/if Council gives approval), valuations will be adjusted based on market conditions. If these exact issues are not viable for purchase because of price or availability, they will be substituted by another issue of similar rating, price, yield, and maturity.

All the investments proposed comply with the Investment Policy Statement as currently approved. However, to avoid the potential loss of purchasing power and have our funds work for the City to minimize loss due to inflation, staff proposes the adoption of a new Investment Policy that utilizes a designee to facilitate the investment of the funds. Including strategies, investment limitations and reporting requirements to best ensure that future investments continue to work for the City as idle funds.

Recommended Action:

1. Adopt the attached Resolution to accept the new Investment Policy.

2. Adopt the attached Resolution to implement the investment strategy of the idle funds in the US Bank account as described in with Exhibit A.

Alternative(s): None recommended
Fiscal Impact: Possible increases in interest income.

Personnel Impact: Minimal. Staff will complete the necessary paperwork to set up the investments and Time Value Investments (the City’s investment consultant) will facilitate the purchasing of CD’s and/or Bonds.

Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk Manager
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ 1 Exhibit A
Proposed Investment Strategy
City Council | 08.10.22

OVERVIEW
In developing the proposed investment strategy for the series of investments, the Finance Director considered multiple market factors. One such factor is the inverted Yield Curve which has typically been a signal in past markets of rough times ahead.

Historically, a way to slow down spending, and more importantly inflation, the Federal Reserve increases Discount Interest rates. This usually hikes up short-term rates and tighten financial conditions. Thus, in such a credit-fueled global economy, most often this will lead to slower growth and weaker demand. Another way to put it is that as debt costs increase, it diminishes the marginal spending and borrowing of the market.

Below are the three examples of a Yield Curve:

These examples are very basic but the important thing to remember is that an inverted Yield Curve is a reaction from the market to short-term hikes, which are meant to be perceived as a slowing of a ‘healthy’ or “hot” economy, are instead being countered as a bet against a future economic downturn.

Here is the current graph of the US Treasury curve: Yield Maturity
Yield
Maturity
Yield
Maturity
Upward Yield Curve Flat Yield Curve Inverted Yield Curve 2 The current yield curve shows the 2-Year treasury is higher yielding than the 10-year Treasury.

This has tended to indicate that a recession may be coming because an inverted yield curve has preceded the last eight recessions. Additionally, upon closer inspection, the inversion is deeper than the 2006-07 inversion that lead to the 2008 Recession. And although we have typically hit a “technical” recession as it has been dubbed the inversion curve has yet to flatten out and the CPI has continued to rise as of the July report.

PROPOSED STRATEGY FOR INVESTMENT OF IDLE FUNDS
During these times we must focus on the basics of our strategy which is minimizing risks by protecting against the loss of principal, keep our liquidity as much as possible and attempt to obtain the highest yield. Even if this means staying more short-term. This may work in our favor as well as we will maximize our yield while ensuring liquidity.

Below are the suggested CD’s and Bonds provided us by Time Value Investments:
3 BOND 1: ONE-YEAR, AGENCY BOND NON-CALLABLE
BOND 2: ONE-YEAR, FIVE-MONTH AGENCY BOND CALLABLE IN 3 MONTHS AND

QUARTERLY THEREAFTER
4 BOND 3: ONE-YEAR, 10-MONTH AGENCY NON-CALLABLE

RECOMMENDATION
Staff Suggests during this unpredictable time to invest in short-term, maximum three-year commitments, of approximately 2.5 million of our idle funds (approximately 1 million in CD’s and

1.5 million in Bonds) laddered in 1–3-year commitments. This way we are easing into the market but not chasing a lock in Bonds or CD’s that may tie our money up long term. 1 CITY COUNCIL POLICY
Investment Policy
Policy Title: Investment Policy
Meeting Date:

City Council Action:

Approval Date:

August 10, 2022
Resolution Number:

Effective Date:

Department: Finance

1. Background
“The Treasurer or Chief Fiscal Officer shall annually render to the legislative body of the local agency and any oversight committee a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any changes in the policy shall also be considered by the legislative body of the local agency at a public meeting” Government Code §53646(a).

It is in the best interest of the City to have the Treasurer’s Investment Policy adopted by resolution in order to have consistent guidelines for reporting and updating procedures relating to the investment of City funds.

2. Scope
This Investment Policy applies to all the funds and investment activities under the direct authority of the City of Willits. Policy statements outlined in this document focus on the City of Willits’ pooled funds that are designated idle funds but will also apply to all other funds under the City Treasurer’s span of control, unless specifically exempted by statue or ordinance. This policy is applicable, but not limited to, all funds listed below:

A. General Fund
B. Enterprise Funds
C. Special Revenue Funds
D. Capital Project Funds
E. Debt Service Funds
F. Trust and Agency Funds
Excluded funds are those held with a fiscal agent, which has their own specific “permitted investments” section in the bond covenants. These funds include funds reserved for debt service and pension funds.

The basic premise underlying the City's investment philosophy is to ensure that money is always safe and available when needed and at the same time reaping the highest and best rate of return, on the City's idle funds.

3. Policy
It is the policy of the City of Willits to invest public funds in a manner that will provide the highest investment return with the maximum security while meeting the daily cash flow demand of the City and conforming to all California laws and local statutes governing the investment of public funds.

The City Treasurer has the fiduciary responsibility to maximize the productive use of assets entrusted to his/her care and to invest and manage those funds with reasonable care, skill, and caution. Therefore, the City must operate its idle cash investment pool under the “prudent investor standard” set forth in California Probate Code §16047. This affords the City a broad spectrum of investment opportunities as long as the 2 investment is deemed prudent and is allowable under current legislation of the State of California (Government Code §53600 et seq.).

The City recognizes that it has an obligation to be aware of the possible social and political impacts of its investments and will act responsibly if issues of this nature arise. Priority will be given to investments that promote community economic development (i.e., dealing with local financial institutions, etc.) provided that the investment selection criteria is met, and yield is not significantly impacted.

The City Treasurer shall strive, whenever possible, to make investments that benefit the local area. The City Treasurer shall strive to maintain the level of investment of all idle funds as near 100-percent as possible. Concurrently, the City Treasurer shall layer investment maturities to meet anticipated cash needs and attempt to maximize investment yields while satisfying the guidelines herein presented.

4. Administration / Responsibility
The City Treasurer or designee is responsible for idle cash management. Investments shall be made by the individual so directed by the Treasurer. Each investment must be authorized by the Treasurer and/or City Manager. The Director of Finance or designee shall review each investment transmittal to determine if it complies with the allowable investments section of the City Investment Policy and for the purpose of financial tracking.

The Director of Finance designated as “Treasurer” by resolution for the City and is responsible for the investment of idle funds within the City. The Director of Finance shall monitor the monthly accounts, and the account balances shall be reported Quarterly by the City Treasurer to the City Council as part of the Treasurer’s Report. The City Treasurer shall hold an “Investment Reporting” agenda item in the Quarterly Finance Committee meeting for the purpose of reviewing balances and investments.

The Finance Committee consists of two City Council members and meeting participation is with the City Treasurer, City Manager and Assistant City Manager.

5. Investment Limitations
Security purchases and holdings shall be maintained within the statutory limits imposed by California Government Code §53600 et seq. In addition, the following restrictions are imposed:

A. Investment securities shall not be purchased by means of leverage; and B. If any investment in commercial paper, as defined by California Government Code §53601(h), downgrades below A2 by Moody’s Investors Service, Inc., A by Standard & Poor’s Corporation or A by Fitch, such commercial paper investment shall be sold within a reasonable amount of time to minimize the possible loss of principal.

C. Active or Inactive deposits of the City of Willits have collateral requirements pursuant to Government Code §53652.

6. Criteria for Selection Investments
Criteria for selecting investments, and the order of priority, are:

A. Safety
Safety and the minimizing of risk associated with investing refers to attempts to reduce the potential for loss of principal, interest, or a combination of the two. The first level of risk controls is found in state law, which restricts the particular type of investments permissible for municipalities. The second level of risk control is reduction of default risk by investing in instruments that are the most credit worthy. The third level of risk control is reduction of market risk by investing in instruments that have relatively short maturities, thereby eliminating risk of loss from a forced sale. The City invests only in those instruments that are considered very safe.

B. Liquidity
Liquidity is the ability to easily sell at any time with a minimal risk of losing some portion of principal or interest. Liquidity is an important quality for an investment since, the City may experience unexpected or unusual circumstances requiring larger disbursements than anticipated and 3 necessitating the sale of investments to meet the contingency. Most of the City’s investments are highly liquid, except for insured Time Certificates of Deposit issued by banks whose maturities are selected in anticipation of disbursement needs, thereby avoiding forced liquidation or lost interest penalties.

C. Yield
Yield is the potential dollar earnings an investment can provide; it is sometimes described as the rate of return. The City attempts to obtain the highest yield possible when selecting an investment, provided that the criteria stated herein for safety and liquidity are met.

7. Delegation of Authority
Authority to manage the City’s investment program is derived from the California Government Code.

Management responsibility for the investment program is hereby delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures shall include, but not be limited to, references to: safekeeping, wire transfer agreements, collateral/depository agreements, banking services contracts, local banking preferences, and other investment-related activities.

Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinates. Delegation of authority shall expire one year from the date of adoption of this policy as required by State law.

8. Ethics and Conflicts of Interest
The City Council, City Manager and City Treasurer shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Council Members, City Manager and City Treasurer shall disclose to the City Attorney any material financial interests in financial institutions that conduct business within the jurisdiction, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. The City Attorney and City Treasurer shall review all disclosures made to insure there are no conflicts with any planned investment.

7. Authorized Financial Dealers and Institutions
The Treasurer will maintain a list of financial institutions, primary dealers, and regional dealers authorized to provide investment services. "Primary" dealers include those that regularly report to the Federal Reserve Bank and regional dealers should qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule).

All financial institutions, dealers and cash managers who desire to become qualified bidders for investment transactions must supply the City with the following: audited financial statements, proof of the Financial Industry Regulatory Authority certification when applicable, completed questionnaire and certification of having read the City of Willits’ investment policy and depository contracts.

8. Authorized Investments and Limitations of Investments Investment of City funds is governed by the California Government Code Sections 53600 et seq.

Within the context of the limitations, the following investments are authorized, as further limited herein:

A. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest, there is no percentage limitation of the portfolio that can be invested in this category.

B. Federal Agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
4 C. Local Agency Investment Fund (LAIF) which is a State of California managed investment pool may be used up to the maximum permitted by LAIF.

D. Insured savings accounts are permitted without limitations.

E. Investments detailed in items E through K are further restricted to five-percent of the purchase value of all investments and cash accounts (the portfolio), in any one issuer name. The total value invested in any one issuer shall also not exceed five-percent of the issuer's net worth.

F. Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as banker's acceptances are permitted. Banker's acceptances purchased may not exceed 180-days to maturity or 40-percent of the cost value of the portfolio.

G. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided by Moody's Investor Services, Inc., Standard & Poor's, or Fitch Financial Services, inc. Commercial paper shall be issued by domestic corporations having assets in excess of $500,000,000 and having an "AA" or better rating on its long-term debentures as provided by Moody's, Standard & Poor's, or Fitch. Purchases of eligible commercial paper may not exceed 270-days to maturity nor represent more than 10-percent of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25-percent of the City's portfolio.

H. Negotiable certificates of deposit issued by nationally or state-chartered banks or state or federal savings institutions. Purchases of negotiable certificates of deposit may not exceed 30-percent of total portfolio.

I. Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations.

Since time deposits are not liquid, no more than 25-percent of the investment portfolio may be invested in this investment type.

J. Medium Term Corporate Notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five-years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Securities eligible for investment shall be rated "A" or better by Moody's or Standard & Poor's rating services.

Purchase of medium-term notes may not exceed 30-percent of the purchase value of the portfolio and no more than five-percent of the purchase value of the portfolio may be invested in notes issued by one corporation.

K. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (1) Attain the highest ranking letter or numerical rating provided by not less than two of the three largest nationally recognized rating services; or (2) Have an investment advisor registered with the Securities and Exchange Commission with not less than five years experience investing in securities and obligations authorized by Government Code section 53601 and with assets under management in excess of $500,000,000. The purchase price of shares shall not exceed 15-percent of the investment portfolio.

L. California Asset Management Program

9. Ineligible Investments
The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool or mortgages, or in any security that could result in zero interest accrual if held to maturity, or any other investment not listed in this policy.

10. Safekeeping and Custody
5 All securities owned by the City, including collateral for repurchase agreements, shall be held in safekeeping by the City’s custodian bank or a third-party bank trust department, acting as agent for the City under the terms of a custody or trustee agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery-versus-payment (DVP) procedures.

11. Percentage Limitations
Where a section specifies a percentage limitation for a particular category of investments, that percentage is applicable only at the date of purchase. Where a section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five-years, unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three-months prior to the investment.

12. Reporting Requirements
The Treasurer shall annually render to the City Council a statement of investment policy, which the Council shall review and approve at a public meeting. The Council at a public meeting shall also review and approve any changes to the policy.

The Treasurer shall render a quarterly investment report to the Council within 30-days after the end of the subject quarter. The quarterly report shall include for each individual investment:
 Description of investment instrument
 Issuer name
 Maturity date
 Purchase price
 Par value
 Current market value and the source of the valuation
The quarterly report also shall:

A. state compliance of the portfolio to the investment policy, or manner in which the portfolio is not in compliance,
B. include a description of any of the City's funds, investments or programs that are under the management of contracted parties, including lending programs, and include a statement denoting the ability of the City to meet its expenditure requirements for the next six-months or provide an explanation as to why sufficient money shall, or may not be available Resolution No. 2022-__ Page 1 of 1 August 10, 2022
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ADOPTING AN INVESTMENT POLICY TO MANAGE THE LONG-TERM OBLIGATION OF CITY’S FUNDS.

WHEREAS, the City Council of the City of Willits reviewed the Investment Policy provided by staff; and
WHEREAS, there is a continuing need to invest and reinvest the City’s funds to properly manage the fiscal affairs of the City and to comply with other pertinent resolutions and ordinances of the City; and
WHEREAS, the Investment Policy describes the investment of City funds in compliance with California Government Code Section 53646 and good practice dictate that local agencies prepare a written investment policy; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that:

That the City Council by Resolution, adopted an Investment Policy as a device to manage all City investments to ensure compliance with California Government Code Section 53646 and defines protectionary measures.

The above and foregoing Resolution was introduced by Councilmember _________ seconded by Councilmember ____________, and passed and adopted at a meeting of the City Council of the City of Willits, held on the 10th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________________________________
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk
Resolution No. 2022-__ Page 1 of 1 August 10, 2022
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE

FINANCE DIRECTOR/CITY TREASURER TO IMPLEMENT THE PRESENTED INVESTMENT PLAN AND ENSURE ITS ADHERENCE WITH THE INVESTMENT POLICY.

WHEREAS, the City of Willits maintains an account at US Bank that currently holds a balance for the purposes of investment of idle funds; and WHEREAS, the said US Bank account contains a balance of approximately $3.8 million in idle funds; and
WHEREAS, the City Council of Willits received and reviewed the investment strategy (described in Exhibit A) for the current use of funds to invest; and WHEREAS, there is a continuing need to invest and reinvest the City’s funds to properly manage the fiscal affairs of the City and to comply with other pertinent resolutions and ordinances of the City; and
WHEREAS, the current Investment Policy describes the investment of City funds in compliance with California Government Code Section 53646; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits that:

The Finance Director/City Treasurer is hereby authorized to implement the investment plan as described in Exhibit A and ensure the consistent adherence with the Investment Policy.

Attached is Exhibit A as supporting documentation.

The above and foregoing Resolution was introduced by Councilmember ____________ seconded by Councilmember ______________, and passed and adopted at a special meeting of the City Council of the City of Willits, held on the 10th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________________________________
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits

DELORES PEDERSEN
City Clerk