Agenda — Willits City Council, January 24, 2024

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

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WILLITS CITY COUNCIL
AGENDA
JANUARY 24, 2024 | 6:30 PM | CITY COUNCIL CHAMBERS

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. January 10, 2024

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Business License Activity Report – December 2023.
b. Building Activity Report – December 2023.

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
a. Verbal Reports (Updates) – No Action.
i. County Museum.
ii. Master Tax Sharing Agreement (Board of Supervisors Ad Hoc Committee). iii. 2023 Pavement Preservation Project (Lenore/Boscabelle).

Willits City Council Agenda – January 24, 2024.

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9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution Approving a Professional Services Agreement with Community Development Services for Assistance with Implementing a Permanent Local Housing Allocation Program for an Amount not to Exceed $35,263 through Grant Reimbursement.

Presenting staff member: Dusty Duley, Community Development Director. b. Adopt a Resolution Accepting the Construction of the City Hall and Art Center Roof Replacement Project, Project #2023-02, and Authorizing the Filing of the Notice of Completion. The Completed Project Totaled $333,819.18.

Presenting staff member: Davey Bowles, Building Official. c. Adopt a Resolution Accepting the Construction of the City Hall Power Resiliency Project, Project #2023-05, and Authorizing the Filing of the Notice of Completion. The Completed Project Totaled $163,463.

Presenting staff member: Davey Bowles, Building Official. d. Request for Proposal for Energy Services Including On-Site Solar Photovoltaic System Design, Engineering, and Build. The Proposed Project Consists of a 38.0 Kw Solar Photovoltaic (PV) Carport System(S) at City Hall Staff, and a 821.1 Kw Ground-Mount and Carport PV Systems at the Sports Park. The Intent is to Offset Energy Consumption of the Wastewater Treatment Plant, the Library, Museum, and City Hall.

Presenting staff member: Leiloni Shine, Contract Planner with Community Development

10. DEPARTMENT MONTHLY REPORTS
a. Airport. b. Community Dev. c. Finance. d. Police Dept. e. Services & Facilities. 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 19th day of January, 2024.

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) 459-7113 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. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY, JANUARY 10, 2024
Mayor Rodriguez called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Larry Stranske, Vice Mayor Gerardo Gonzalez 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; Manuel Orozco, Finance Director; Walter Kolon, Services and Facilities Director; James Conner, Interim Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 Virginia Stranske expressed concern over the lack of lighting in the Wood Street Parking Lot. Mayor Rodrigues asked if City Manager Bender would give an update on this issue.

City Manager Bender stated that the lights in the Wood Street Parking Lot have been looked at by staff and determined would be a big expense and if Council wants to agree to it the City would budget for it.

3. Public Matters
a. City Council 2024 Committee Appointments.

Appointments will stay the same as they were in 2023.

STANDING COMMITTEES OF THE CITY COUNCIL
Finance Committee
3rd Wednesday 9:00 am
Saprina Rodriguez
Greta Kanne
Water & Wastewater Systems Committee
3rd Thursday 10:00 am
Gerry Gonzalez
Larry Stranske

REGIONAL BOARDS
League of California Cities / Redwood Empire Division Gerry Gonzalez Alternate: Larry Stranske
Mendocino Council of Governments (MCOG)
1st Monday 1:30 pm
Greta Kanne
Alternate: Larry Stranske
Economic Development & Financing Corporation (EDFC)
2nd Thursday 2-4 pm Madge Strong
Willits City Council Minutes of January 10, 2024 Page 2 of 6 Mendocino Solid Waste Management Authority (MSWMA)
3rd Thursday 9:00 am
Madge Strong
Alternate: Gerry Gonzalez
Mendocino Transit Authority (MTA)
Last Wednesday 1:30 pm
Saprina Rodriguez

MENDOCINO COUNTY CITY SELECTION COMMITTEE NOMINATIONS
Local Agency Formation Commission (LAFCo)
1st Monday 9:00 am Gerry Gonzalez
Mendocino County Museum Advisory Board Greta Kanne

AD HOC COMMITTEES
Willits Frontier Days Advisory Committee Gerry Gonzalez Larry Stranske
Measure K
Meets Quarterly
Saprina Rodriguez
Greta Kanne
Transportation
4th Thursday 9:00 am
Greta Kanne
Saprina Rodriguez
Sonoma Clean Power
1st Thursday 9:00 am Madge Strong

CITIZEN COMMITTEES
Art in Public Spaces
Meets as needed
Gary Martin
Margi Guhde
Dan Miller
Judy Fisch
Public Comment: None presented.

Moved by Gonzalez/Seconded by Stranske and carried 4/0- with Kanne absent to approve that the 2024 City Council Committee Appointments will remain the same as they were in 2023.
e. Commercial Street Master Plan (Draft) Presentation
Sam Bickel of Terrain Landscape Architecture presented a Draft Plan for the Commercial Street Master Plan. The PowerPoint presentation showed potential plans and concepts for the Commercial Street Master Plan. Mr. Bickel stated that Terrain Landscape Architecture is working with the City Manager’s Office and Planning to identify and pursue grant opportunities through the Federal Government, the State and the County. These possible grant opportunities are the main focus on how to fund the improvements. Mr. Bickel stated that one of the focuses of the is to look at ways to provide safe and easy transportation for bikes, pedestrian and vehicles while maintaining access for industry and commerce in the area. Also looking at ways to improve the streets, parks as well as the public buildings such as the museum and City Hall.

Willits City Council Minutes of January 10, 2024 Page 3 of 6 During the Open House sessions about 40 citizens attended the two sessions, there were a lot of good comments on the initial designs that Terrain Landscape Architecture was able to incorporate into the draft that was presented.

Public Comment: Several members of the public expressed concerns about the project and many stated that they liked the concepts.
b. Little Lake Fire District Department - Update is available in the agenda packet. c. Mendocino County Third District Supervisor John Haschak provided the following update.  Community Development Block Grant Meeting was held on Monday, January 8, 2024, at the meeting the County expressed an interest in proposals for developments on housing. Supervisor Haschak announced that there is anyone interest in pursuing any of the Community Development Block Grants to let him or Kelly Hanson at the County know. Mayor Rodriguez asked what allowable projects would be and what benefits the City can take from it.
 County is turning the corner on finances with 10 million is cuts and revenue enhancement ideas that are being implemented. The County is attempting to have a balanced budget in June.
 The next meeting of the Great Redwood Trail is on January 25th at 10:00 am in the Board Chambers in Ukiah.
 The County is exploring the option of another entity to run the Museum rather than the County of Mendocino.
 The Standing Committee of the General Government is asking what the Council would like the committee to be advocating for at the State of Federal Level. The first meeting of the year is on January 24th.
 County applied for the Local Transportation Climate Adaptation Program Grant and was awarded twelve million dollars towards the second access route in Brooktrails and 12 million dollars for Redemeyer Road in Ukiah.
 The tax sharing agreement is coming to the Board of Supervisors on January 23rd.  Expressed his gratitude to the Willits Chamber of Commerce for organizing the State of the State, City and County that is happening on January 18th at the Willits Community Center, starting at 5:30 pm.
 Mr. Haschak stated that he appreciates the monthly meetings with the City Manager and Mayor.
 Councilmember Strong stated that insurance has been a devastating problem within the County. This is a Legislative Concern she is wanting taken to the Standing Committee meeting on January 24th.
d. Update – Quarterly Willits Chamber of Commerce.

Susan Mahoney – Chamber Coordinator gave the following updates:
 There were 2 mixers in October, one was at the Mendocino Community College in Willits, was a fundraiser sponsored by the North County Friends of the College on behalf of the Student Fund. This was a successful mixer, funds were raised to buy calculators and text books. The second mixer was a ribbon cutting at Flourish and Flow, a new wellness business located in the Evergreen Shopping Center in Willits.  In November the Chamber partnered with the County Museum to present Stone Stories at the Little Lake Cemetery. Research was provided by the Museum and Library which enabled them to choose a number of headstones to have volunteer actors at the headstones to reenact portions of the person’s life. About sixty citizens attended the event.
 There was also a celebration recognizing the Roots Restaurant, located at Howard Hospital, as a Blue Zone Restaurant.

Willits City Council Minutes of January 10, 2024 Page 4 of 6  Ms. Mahoney participated in a series of seminars sponsored by the Mendocino Community Foundation that focuses on the operations of non-profits. She also participated in an Economic Development Forum that was also sponsored by the Mendocino Community Foundation and was facilitated by the Economic Development & Financing Corporation.
 The State of Things will be held at the Community Center starting at 5:30 p.m. This will be an opportunity for the citizens to come and meeting their representatives and hear some of the highlights of last year and possibly some of what is proposed to come up in 2024.
i. Willits Wayfinding Signage Project Update.
 Crystal Shiffbauer-Bowles presented a PowerPoint presentation on the Willits Wayfinding signage project update. Businesses would need to pin their business on google maps in order to show up on the Chamber Map. The paper map will be available and will only have the key locations in the city like the Library, Museum, the Chamber, City Hall etc. The purpose of the Wayfinding Signage Project is to make the City easier for walkers to navigate.

Item 3e was moved and presented earlier in the meeting after Item 3a in Public Matters.
e. Commercial Street Master Plan (Draft) Presentation
Presented by Sam Bickel of Terrain Landscape Architecture.

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. December 13, 2023.

Councilmember Strong requested that motions include the total approved expenditure for adopted resolutions.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Stranske and carried 4/0 – (with Kanne absent) to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. None presented.

7. Commissions, Agencies and Authorities
None presented.

8. City Manager Reports and Recommendations
a. Verbal Reports – Nothing to report.

Public Comment: None presented.

9. Department Recommendations (Action Items)
Willits City Council Minutes of January 10, 2024 Page 5 of 6 a. Adoption a Resolution Authorizing the City Manager to Execute a Grant Agreement with the State Coastal Conservancy to Receive Grant Funds to Support Construction of the Willits Rail with Trail Project.

Presenting staff member: Dusty Duley, Community Development Director.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Strong and carried 4/0 – (with Kanne absent) to adopt Resolution No. 2023-01 approving the Grant of Funds from the State Coastal Conservancy for the Construction of the Willits Rail with Trail Project. b. Traffic Calming Measures for Pine/Maple and Laurel/North Street Intersections.

Presenting staff member: James Conner, Interim Police Chief.

Public Comment: Citizens expressed their concern for the rate of speed that drivers go on North and Laurel Streets.

Moved by Stranske/Seconded by Strong and carried 4/0 – (with Kanne absent) to adopt Resolution No. 2023-02 authorizing the conversion of the intersections of Pine Street with Maple Street, and Laurel Street with North Street, to four-way-stop controlled intersections.

10. Department Monthly Reports – (presented at the second meeting of each month). a. None Presented
No action taken.

11. City Council Announcements, Communications and Reports Councilmember Strong
 Economic Development & Financing Corporation (EDFC) - meets January 11, 2024.  Mendocino Solid Waste Management Authority (MSWMA) – meets January 11, 2024.
 Sonoma Clean Power:

Energy bills will be going up. Sonoma Clean Power has ways citizens can reduce their power use on their website. There is also a tool kit available at the library explaining different energy saving improvements citizens can do. There will be a climate bond on the ballot in November. There are lots of conversations happening now with California Legislature and the California Public Utilities Commission on how to get more infrastructure for electricity. Sonoma Clean Powers annual report is available on their website.

Councilmember Gonzalez
 League of California Cities/Redwood Empire Division – Councilmember Gonzalez sits on the Public Safety Committee, next meeting is January 19, 2024.
 Water/Wastewater Committee
Updates on State asking the city to allow the Little Lake Mobile Home Park connect to City water.

Mayor Rodriguez
 The community has concerns about Redwood Solid Waste and would like the council to stay on top of the concerns. Missed days, trash cans being left open after being emptied during rainy days.

Public Comment: None presented.

Willits City Council Minutes of January 10, 2024 Page 6 of 6 No action taken.

12. Good & Welfare
 Councilmember Strong – Willits Economic LocaLization (WELL) having a 20th year anniversary celebration on Sunday, February 4th, 4:00 pm at the WELL Office - 630 S.

Main St.

13. Closed Session Notice
a. None

14. Adjournment
Mayor Rodriguez declared the meeting adjourned at 9:00 p.m. _____________________________
SAPRINA RODRIGUEZ, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
BL# Business Name Name Address Date Issued Type of Bussiness 7240 Guerra Roofing Israel Guerra 521 Sherry Dr Ukiah, CA 95482 12/5/2023 Roofing Contractor
7241 Frew's Field Service LLC Basil Frew 1049 N Oak St Ukiah, CA 95482 12/5/2023 Mobile diesel mechanic
7242 Wildwwod Building Company Jake Hansen 6858 Old River Rd Ukiah, CA 95482 12/5/2023 Construction Contractor
7243 Electric Remedies Juan Orozco 1520 Madrone Dr Ukiah, CA 95482 12/5/2023 Electrical Contractor
7244 Better Earth Electric Inc Danil Ronndy 2291 Via Demercauos E Concord, CA 94520 12/5/2023 Solar Contractor
7245 Marz Engineering Miguel Rodriguez 3780 Christy Ln Ukiah, CA 95482 12/5/2023 General Contractor
7246 All in Heating and Cooling Ronnie Dodd 1370 Burgundy Drive Ukiah, CA 95482 12/5/2023 HVAC Contractor
New Business License - December 2023
6a
Permit Summary Report (Total Fees Paid)
Current
Month
December 2023
Month Last
Year
December 2022
Current Yr-ToDate
7/1/2023 -
12/31/2023
Last Yr-To-Date
7/1/2022 -
12/31/2022
Building
Count 3 6 29 30
Total Fees $2,513.69 $10,802.55 $10,636.29 $69,711.97
Fees Paid $2,513.69 $10,802.55 $10,636.29 $69,711.97
Total Valuation 150,000.00 794,116.36 473,524.35 6,237,432.36 Total Square Feet 800 0 800 3,651
Administrative $987.94 $3,771.97 $3,299.15 $18,255.42
BSF $0.00 $34.00 $29.00 $261.00
Building Department (OTC Permit Fees) $0.00 $108.00 $689.00 $270.00 Building Department (Permit Fees) $1,273.75 $5,556.88 $5,851.33 $37,287.04 Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 GPM $210.00 $1,111.76 $659.58 $8,653.35
SMIP Commercial $42.00 $217.84 $84.99 $1,301.13
SMIP Residential $0.00 $2.10 $23.24 $200.43
Demolition
Count 0 1 2 3
Total Fees $0.00 $1,133.75 $812.20 $1,205.98
Fees Paid $0.00 $1,133.75 $812.20 $1,205.98
Total Valuation 0.00 100,000.00 29,700.00 101,700.00
Total Square Feet 0 0 1,885 0
Administrative $0.00 $0.00 $269.08 $0.00
BSF $0.00 $0.00 $3.00 $1.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $993.75 $490.22 $1,062.10 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $140.00 $41.58 $142.38
SMIP Commercial $0.00 $0.00 $8.32 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.50
Electrical
Count 0 1 9 15
Total Fees $0.00 $115.12 $1,516.21 $1,910.23
Fees Paid $0.00 $115.12 $1,516.21 $1,910.23
Total Valuation 0.00 4,000.00 137,799.00 62,080.00
Total Square Feet 0 0 0 0
Administrative $0.00 $0.00 $284.97 $0.00
BSF $0.00 $1.00 $11.00 $15.00
Building Department (OTC Permit Fees) $0.00 $108.00 $836.00 $1,284.00 Building Department (Permit Fees) $0.00 $0.00 $201.50 $506.70 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $5.60 $164.92 $86.91
SMIP Commercial $0.00 $0.00 $2.32 $12.60
SMIP Residential $0.00 $0.52 $15.50 $5.02
Grading
Count 0 0 1 0
6b
Total Fees $0.00 $0.00 $0.00 $0.00
Fees Paid $0.00 $0.00 $0.00 $0.00
Total Valuation 0.00 0.00 0.00 0.00
Total Square Feet0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $0.00 $0.00 $0.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $0.00 $0.00
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.00
Mechanical
Count0157
Total Fees $0.00 $118.45 $571.94 $870.18
Fees Paid $0.00 $118.45 $571.94 $870.18
Total Valuation 0.00 6,180.00 52,670.00 70,054.90
Total Square Feet0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $1.00 $5.00 $7.00
Building Department (OTC Permit Fees) $0.00 $108.00 $486.00 $756.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $8.65 $73.74 $98.08
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.80 $7.20 $9.10
Plumbing
Count0022
Total Fees $0.00 $0.00 $471.98 $169.62
Fees Paid $0.00 $0.00 $471.98 $169.62
Total Valuation 0.00 0.00 13,500.00 3,300.00
Total Square Feet0000
Administrative $0.00 $0.00 $176.47 $0.00
BSF $0.00 $0.00 $2.00 $2.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $162.00 Building Department (Permit Fees) $0.00 $0.00 $271.50 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $18.90 $4.62
SMIP Commercial $0.00 $0.00 $2.52 $0.00
SMIP Residential $0.00 $0.00 $0.59 $1.00
Re-Roof
Count21 20 20
Total Fees $65.71 $95.01 $1,782.22 $2,102.70
Fees Paid $65.71 $95.01 $1,782.22 $2,102.70
Total Valuation 7,000.00 8,500.00 216,632.00 283,918.00 Total Square Feet 1,3000 6,400 17,569
Administrative $0.00 $0.00 $81.00 $0.00
BSF $1.00 $1.00 $21.00 $22.00
Building Department (OTC Permit Fees) $54.00 $81.00 $1,350.00 $1,674.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $9.80 $11.90 $292.08 $371.90
SMIP Commercial $0.00 $0.00 $20.25 $8.06
SMIP Residential $0.91 $1.11 $17.89 $26.74
Sewer Lateral Inspection
Count0000
Total Fees $0.00 $0.00 $0.00 $0.00
Fees Paid $0.00 $0.00 $0.00 $0.00
Total Valuation 0.00 0.00 0.00 0.00
Total Square Feet0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $0.00 $0.00 $0.00
Building Department (OTC Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $0.00 $0.00 $0.00
SMIP Commercial $0.00 $0.00 $0.00 $0.00
SMIP Residential $0.00 $0.00 $0.00 $0.00
Solar
Count024 18
Total Fees $0.00 $1,021.82 $1,500.15 $8,423.32
Fees Paid $0.00 $1,021.82 $1,500.15 $8,423.32
Total Valuation 0.00 28,600.00 179,811.20 370,663.85
Total Square Feet0000
Administrative $0.00 $245.21 $100.00 $383.41
BSF $0.00 $2.00 $3.00 $22.00
Building Department (OTC Permit Fees) $0.00 $350.00 $1,350.00 $7,100.00 Building Department (Permit Fees) $0.00 $377.25 $0.00 $377.25 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $40.04 $43.14 $491.43
SMIP Commercial $0.00 $6.72 $0.00 $6.72
SMIP Residential $0.00 $0.60 $4.01 $42.51
Total Count5 12 72 95
Total Fees $2,579.40 $13,286.70 $17,290.99 $84,394.00
Total Fees Paid $2,579.40 $13,286.70 $17,290.99 $84,394.00 Total Valuation 157,000.00 941,396.36 1,103,636.55 7,129,149.11 Total Square Feet 2,1000 9,085 21,220
Total Administrative $987.94 $4,017.18 $4,210.67 $18,638.83 Total BSF $1.00 $39.00 $74.00 $330.00
Total Building Department (OTC Permit
Fees) $54.00 $755.00 $4,711.00 $11,246.00
Total Building Department (Permit Fees) $1,273.75 $6,927.88 $6,814.55 $39,233.09 Total Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 Total GPM $219.80 $1,317.95 $1,293.94 $9,848.67
Total SMIP Commercial $42.00 $224.56 $118.40 $1,328.51
Total SMIP Residential $0.91 $5.13 $68.43 $285.30
Item No. 9a
Meeting Date: January 24, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT

WITH COMMUNITY DEVELOPMENT SERVICES FOR ASSISTANCE WITH IMPLEMENTING A

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FOR AN AMOUNT NOT TO EXCEED $35,263 THROUGH GRANT REIMBURSEMENT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: The Community Development Department is seeking approval of a Resolution authorizing the City to enter into a contract with Community Development Services (CDS) to support development and implementation of a City Permanent Local Housing Allocation Program (PLHA).

The program will provide financing to eligible homeowners for the purpose of implementing necessary home rehabilitation repairs including energy efficiency and weatherization improvements, accessibility improvements, and repairs to alleviate health and safety concerns which prolong the lifespan of the dwelling. Staff is seeking CDS assistance with preparing program guidelines, application procedures, underwriting procedures, underwriting services, loan committee management, loan closing services and other related activities as needed to implement the program. See Summary Proposal from CDS (Attachment A).

The City received $371,856 in funding with an additional estimated allocation of $91,000 in both 2024 and 2025 for a total of approximately $553,857. Additional PLHA funding may be available in subsequent years, but no announcement has been made by the State to date. Up to $35,263 of the PLHA funding will be used to pay CDS for their support services.

Background: At the November 28, 2022 meeting, the City Council approved Resolution No. 2022-68 authorizing an application and adopting the PLHA (permanent local housing allocation) Plan for the permanent local housing allocation program in the amount of $553,857 to support an owner-occupied housing rehabilitation loan program for the rehabilitation of affordable ownership housing up to 120-percent area median income.

Recommended Action: Adopt a Resolution approving a professional services agreement with Community Development Services to assist City staff with developing and operating a housing rehabilitation assistance program implementation for an amount not to exceed $35,263 and authorize the City Manager to execute the agreement.

Alternative(s): None recommended.

Fiscal Impact: Permanent Local Housing Allocation (PLHA) funds administered by the California Department of Housing and Community Development (HCD) will be used to facilitate the funding of this agreement.

Personnel Impact: Staff time managing consultant services. 2021 Adopted Goals: This item addresses Goal #2 for Community Development…Develop a plan to encourage the construction of new housing and the preservation of existing housing stock for the City.

California Environmental Quality Act: Not applicable.

ATTACHMENT A
Summary Proposal to the City of Willits for Underwriting and Related Services in Support of the Permanent Local Housing Allocation (PLHA) Program Prepared by Community Development Services
3895 Main Street Kelseyville CA 95451
[email protected]
Background
The City of Willits has received approval from the State Housing Community Development Agency (HCD) to implement a Permanent Local Housing Allocation Program (PLHA) to increase the availability of housing in the city. The program will provide financing to eligible homeowners for the purpose of rehabilitating otherwise unsuitable housing units.

Services to be provided by CDS
CDS will assist staff with preparing program guidelines, application procedures, content for the applications, underwriting procedures, underwriting services, loan committee management, loan closing services and other related activities as needed to implement the program.

Affirmative Action & Federal Overlay Requirements
CDS is a locally owned California S Corporation small business, it is not a minority or woman owned business. CDS does adhere to and comply with affirmative action, low/moderate income hiring practices, non-discrimination practices, equal opportunity, avoidance of conflicts of interest, insurance requirements, anti- kickback, labor standards, work hour, and safety standards, access to fiscal records, clean air and clean water act requirements, energy policy and conservation act standards, D/MBE/WBE guidelines, and the retention of records for inspection purposes, and further agrees to comply with these requirements as described within the HCD/PLHA agreement with the city.

Insurance
CDS currently carries general and auto mobile insurance. Our statement of insurance will be provided to the city.

Compensation
CDS charges $150 per hour for our services. This rate includes all administrative support expenses. We do not bill for travel time or travel expenses. Given the scope of work for this project based on experience with these tasks, we will not exceed the activity delivery budget to be established by the city.

Resolution No. 2024-__ Page 1 of 1 January 24, 2024
RESOLUTION NO. 2024-

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

PROFESSIONAL SERVICES AGREEMENT WITH COMMUNITY DEVELOPMENT SERVICES

FOR ASSISTANCE WITH IMPLEMENTING A PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FOR AN AMOUNT NOT TO EXCEED $35,263 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.

WHEREAS, the City made application and received $371,856 in Permanent Local Housing Allocation Program (PLHA) funds administered by the California Department of Housing and Community Development to implement an owner-occupied home rehabilitation loan program; and
WHEREAS, the Community Development Department has insufficient staff to perform the technical unwriting and loan related services to support the program; and WHEREAS, Community Development Services (CDS)has expertise in developing housing rehabilitation programs and providing underwriting and loan services; and WHEREAS, CDS has familiarity with the PLHA funding guidelines that are regularly updated by the State; and
WHEREAS, the City has previously utilized CDS to implement and provide loan services for the City Business Loan Program and has found CDS to be effective in assisting staff with that Program; and
WHEREAS, all services included in the subject Professional Services Agreement with CDS are budgeted upon a not-to-exceed total of $35,263 and are eligible for reimbursement from the PLHA funds; and
WHEREAS, staff recommends approval of the Professional Services Agreement with CDS through December 31, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits approves awarding a professional services agreement with Community Development Services for assistance with implementing a permanent local housing allocation program and authorizes the City Manager to execute the agreement.

BE IT FURTHER RESOLVED that the City Council of the City of Willits authorizes the Finance Director to increase appropriations in the General Fund and facilitate the execution of this agreement.

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 24th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_____________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9b
Meeting Date: January 24, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Davey Bowles, Building Official
Agenda Title: ADOPT A RESOLUTION ACCEPTING THE CONSTRUCTION OF THE CITY HALL AND ART CENTER ROOF REPLACEMENT PROJECT, PROJECT# 2023-02, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION. THE COMPLETED PROJECT TOTALED $333,819.18.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: On July 26th, the City Council awarded a Construction Contract to BAS Roofing Inc., for the City Hall and Art Center Roof Replacement Project, Project No. 2023-02 in the amount of $334,370.

The project included removing existing roofing materials on both the City Hall and Art Center and replacing them with 6,100 square ft of TPO and 7,100 square ft of 30-year asphalt shingles.

The Services & Facilities Department reviewed the project and determined that it has been completed in substantial compliance with the project plans and specifications.

The construction phase had an estimation of $334,370, subsequent change orders of $20,701.18 and deductive changes of $21,252.10 for a final project amount of $333,819.18.

Recommended Action: Adopt the accompanying resolution accepting construction of the City Hall and Art Center Roof Replacement Project, Project No. 2023-02, and authorize the City Manager to file the Notice of Completion.

Alternative(s): N/A.

Fiscal Impact: This item has been budgeted and upon receipt of the Notice of Completion the Finance Department will release the retention held on the Project.

Personnel Impact: None
2023 Adopted Goals: The project complies with Goal #1 for Public Works…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

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 _________ (REV. 09/14/2010)
RECORDING REQUESTED BY: NO FEE FOR GOVT. AGENCY
GOVERNMENT CODE 27383
City of Willits
AND WHEN RECORDED MAIL TO:

City of Willits
(NAME)
111 E. Commercial Street
(STREET ADDRESS)
Willits, CA 95490
(CITY, STATE, ZIP)

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the OWNER or agent of the interest or estate stated below.

2. The FULL NAME of the owner is: City of Willits

3. The FULL ADDRESS of the owner is: 111 E. Commercial St., Willits, CA 95490

4. The nature of the interest or estate is: In Fee. Fee Simple (if other than Fee, Strike “In Fee” and insert, for example, “Purchaser Under Contract of Purchase” or Lessee”)

5. The FULL NAMES and ADDRESSES of all CO-OWNERS, if any, who hold any title or interest with the aforementioned owner in the property are

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described, was completed on: 11/30/23 The work done was (describe below): (DATE)
Removal and replacement of roofs at City Hall and the Art Center

7. The name of contractor, of any, for such work of improvement is:

BAS Roofing 7/26/2023
(NAME) (DATE OF CONTRACT)

8. The street address of said property is: 71 E. Commercial St. Willits, CA 95490 & 111 E. Commercial St. Willits, CA 95490

9. The property on which said work was completed is in the: Willits Mendocino State of California, and is described as follows: (CITY OF) (COUNTY OF)

10. The Willits City Council accepted the project as complete by adoption of Resolution No.:

I, the undersigned, certify, under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Signature of owner or
owner’s representative as
identified in paragraph 2.

Brian P. Bender, City Manager
(TYPED NAME) (SIGNATURE) (DATE)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Resolution No. 2024-__ Page 1 of 1 January 24, 2024
RESOLUTION NO. 2024-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ACCEPTING

CONSTRUCTION OF THE CITY HALL AND ART CENTER ROOF REPLACEMENT PROJECT, PROJECT NO. 2023-02 AND AUTHORIZING FILING THE NOTICE OF COMPLETION.

WHEREAS, the Service & Facilities Department for the City of Willits conducted the final inspection of the City Hall Solar Resiliency Project No. 2023-02; and WHEREAS, the said inspection determined that the contractor, BAS Roofing Inc., substantially completed all assigned work in compliance with approved project plans and specifications; and
WHEREAS, the project’s original estimation was for $334,370 and subsequently incurred change orders to the amount of $20,701.18 and deductive changes of $21,252.10 for a final project total of $333,819,18.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Willits authorizes and directs the City Manager to execute the Notice of Completion on behalf of the City of Willits and directs the City Clerk to record said Notice of Completion with the Recorder of the County of Mendocino.

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 24h day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9c
Meeting Date: January 24, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Davey Bowles, Building Official
Agenda Title: ADOPT A RESOLUTION ACCEPTING THE CONSTRUCTION OF THE CITY HALL POWER RESILIENCY PROJECT, PROJECT# 2023-05, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION. THE COMPLETED PROJECT TOTALED $163,463.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: On July 26th, the City Council awarded a Construction Contract to Redwood Electrical Service, for the completion of the City Hall Power Resiliency Project, Project No. 2023-05 in the amount of $148,163.93.

Project No. 2023-05 had the responsibility to upgrade City’s current rooftop 8.2-kw system to a 20-kw system, with battery back-up, inverter upgrade, switchgear installation and other necessary components.

The Services & Facilities Department reviewed the Project and determined that it has been completed in substantial compliance with the project plans and specifications.

The construction phase had an estimation of $148,163.93, subsequent change orders of $15,300 for a final project amount of $163,463.

Recommended Action: Adopt the accompanying Resolution accepting construction of the City Hall Power Resiliency Project, Project No. 2023-05, and authorize the City Manager to file the Notice of Completion.

Alternative(s): N/A.

Fiscal Impact: The City received a CAL OES Grant in the amount of $149,000. The City spent an additional $14,463 to complete this project.

Personnel Impact: None.
2023 Adopted Goals: Project No. 2023-05 satisfies Goal #2 under Administration…Work towards Willits becoming an Environmental Model City by reducing the City’s carbon footprint by 50-percent, promoting greater energy independence from utility companies and strengthening the City’s resiliency and self – reliance.

City of Willits
(NAME)
111 E. Commercial Street
(STREET ADDRESS)
Willits, CA 95490
(CITY, STATE, ZIP)

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the OWNER or agent of the interest or estate stated below.

2. The FULL NAME of the owner is: City of Willits

3. The FULL ADDRESS of the owner is: 111 E. Commercial St., Willits, CA 95490

4. The nature of the interest or estate is: In Fee. Fee Simple (if other than Fee, Strike “In Fee” and insert, for example, “Purchaser Under Contract of Purchase” or Lessee”)

5. The FULL NAMES and ADDRESSES of all CO-OWNERS, if any, who hold any title or interest with the aforementioned owner in the property are

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described, was completed on: 12/20/23 The work done was (describe below): (DATE)
Roof mount installation of a 20-kw photovoltaic system

7. The name of contractor, of any, for such work of improvement is:

Redwood Electrical Service 7/26/2023
(NAME) (DATE OF CONTRACT)

8. The street address of said property is: 111 E. Commercial St. Willits, CA 95490

9. The property on which said work was completed is in the: Willits Mendocino State of California, and is described as follows: (CITY OF) (COUNTY OF)

10. The Willits City Council accepted the project as complete by adoption of Resolution No.:

I, the undersigned, certify, under penalty of perjury under the laws of the state of California that the foregoing is true and correct.

Signature of owner or
owner’s representative as
identified in paragraph 2.

Brian P. Bender, City Manager
(TYPED NAME) (SIGNATURE) (DATE)
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Resolution No. 2024-__ Page 1 of 1 January 24, 2024
RESOLUTION NO. 2023-xx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ACCEPTING CONSTRUCTION OF THE CITY HALL POWER RESILIENCY PROJECT, PROJECT NO. 2023- 05 AND AUTHORIZING FILING THE NOTICE OF COMPLETION.

WHEREAS, the Service & Facilities Department for the City of Willits conducted the final inspection of the City Hall Solar Resiliency Project No. 2023-05; and WHEREAS, the said inspection determined that the contractor, Redwood Electrical Services substantially completed all assigned work in compliance with approved project plans and specifications; and
WHEREAS, the project’s original estimation was for $148,163.93, and subsequently incurred change orders to the amount of $15,300 for a final project total of $163,463.

The above and foregoing Resolution was introduced by Councilmember xxxxx seconded by Councilmember xxxxx, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 24h day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_________________________________
__________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, Acting City Clerk
Item No. 9d
Meeting Date: January 25, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Leiloni Shine – Contract Planner with Community Development Agenda Title: REQUEST FOR PROPOSAL FOR ENERGY SERVICES INCLUDING ON-SITE SOLAR PHOTOVOLTAIC SYSTEM DESIGN, ENGINEERING, AND BUILD. THE PROPOSED PROJECT CONSISTS OF A 38.0 KW SOLAR PHOTOVOLTAIC (PV) CARPORT SYSTEM(S) AT CITY HALL STAFF, AND A 821.1 KW GROUND-MOUNT AND CARPORT PV SYSTEMS AT THE SPORTS PARK.

THE INTENT IS TO OFFSET ENERGY CONSUMPTION OF THE WASTEWATER TREATMENT PLANT, THE LIBRARY, MUSEUM, AND CITY HALL.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes Summary of Request:

Review the Request for Proposal (RFP) for Energy Services including on-site solar photovoltaic system design, engineering, and build, to provide comment to the Community Development Department. The City of Willits is soliciting proposals from qualified solar Photovoltaic (PV) providers and/or Energy Services Companies to deliver a complete project, including project development/design, engineering, and installation or coordination to complete the installation of two (2) turn-key solar installations.

The intent of this RFP is to identify a solar company with the necessary experience to ensure a fullymanaged and well-executed process. The City reserves the right to modify the scope of the project at any time.

The proposed project includes a 38.0 kW solar photovoltaic (PV) carport system(s) at staff and public parking areas of City Hall, and 821.1 kW ground-mount and carport PV systems at the Sports Park to offset energy consumption of the Wastewater Treatment Plant, the Library, Museum, and City Hall (see Section

1.4 – Project Details).

The City intends to enter into either an Energy Services Agreement with the selected respondent, or a Power Purchase Agreement with a third-party provider. The winning Proposer shall be responsible for progress reporting associated with grant administration and including Close Out Reporting. Respondents shall have demonstrated experience designing, planning, scheduling, permitting, and constructing complete solar PV systems, have knowledge of local utilities, and must provide project financial analysis and rebate support. Respondents shall be responsible for coordinating with all utility companies during the entire project. Utility coordination includes utility permit fees and interconnection agreements.

Additional design considerations to support solar installation compatibility with sports field access and usage, such as including carports designed for large vehicle traffic, are desired by the City. Respondents shall have demonstrated their ability to analyze the existing tariffs that are available and determine the best rate or tariff for the City’s installations, including but not limited to the Net Energy Metering 2.0 (NEM

2.0) program and the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) program.

Respondents shall have demonstrated their ability to provide analysis of the City’s existing solar systems, including a summary of options relating to repairing, improving, and/or refinancing, if necessary. If the RES-BCT rate is chosen, the City may consider an additional solar system installation location at the Wastewater Treatment Plant site. If NEM 2.0 is determined as the preferred rate program for the City, Respondents shall have demonstrated their ability to complete all project deliverables and receive Point of Connection by no later than April 15, 2026, maintaining the City’s Net Energy Metering (NEM) 2.0 status with Pacific Gas & Electric (PG&E) and within the City’s budget of $2,822,400.00.

Recommended Action: Approve the Request for Proposal for release.

Alternative(s): None.

Fiscal Impact: The Willits Wastewater Capital Improvement Costs include a budget of $2,560,000 (or $2,822,400 in inflated dollars) in the fiscal year ending in 2025-2026, for a solar system to offset the electricity requirements for the Wastewater plant. Staff requests City Council approve an increase in appropriations of $50,000 dollars to execute an agreement with a consultant that will facilitate the project in the current Fiscal Year.

Personnel Impact: Approximately thirty-hours for the Contract Planner from the release of the RFP to the section of a solar company consultant(s).
2023 Adopted Goals: The proposed project satisfies Goal #2 under Administration…Work towards Willits becoming an Environmental Model City by reducing the City’s carbon footprint by 50-percent, promoting greater energy independence from utility companies and strengthening the City’s resiliency and self – reliance.

CITY OF WILLITS

REQUEST FOR PROPOSAL
City of Willits
Brian P. Bender
City Manager
111 E. Commercial St.

Willits, CA 95490
707-459-7155
Energy Services Including On-site Solar Photovoltaic System Design, Engineering, and Build
Date Issued: January 25, 2024
Due Date and Time: February 29, 2024 at 5:00pm PST
The Qualifications Proposal and Cost Proposal must be submitted in separate envelopes and clearly identified and marked:
“Request for Proposal Energy Services Including On-site Solar Photovoltaic System Design, Engineering, and Build QUALIFICATIONS”; and “Request for Proposal Energy Services Including On-site Solar Photovoltaic System Design, Engineering, and Build COST PROPOSAL”
All questions regarding the Request for Proposal must be submitted in writing. Please send all questions regarding this Request for Proposal in writing via email to Leiloni Shine, Contract Planner, at [email protected].

Table of Contents

1. Project Overview...........................................................................................................................2

1.1. Introduction.................................................................................................................................. 2

1.2. Purpose of RFP........................................................................................................................... 2

1.3. City Background .......................................................................................................................... 3

1.4. Project Details ............................................................................................................................. 3

2. Scope of Work ...............................................................................................................................4

2.1. Design Guidelines ....................................................................................................................... 4 (1) Ground-Mounted Solar.................................................................................................................................................5 (2) Carport Solar..................................................................................................................................................................5

2.2. Construction ................................................................................................................................ 6

2.3. Warranties................................................................................................................................... 6

2.4. Inspection and Commissioning.................................................................................................... 6

2.5. System Monitoring....................................................................................................................... 6

2.6. Operation and Maintenance of System........................................................................................ 7

2.7. Contract Length and Post-Contract Options ................................................................................ 7

2.8. Final Design Package.................................................................................................................. 8

3. Procurement Schedule...................................................................................................................9

3.1. Site Walk ..................................................................................................................................... 9

3.2 Questions Pertaining to the RFP .................................................................................................. 9

3.3 Notice of Intent to Submit Proposal .............................................................................................. 9

3.4 RFP Submission Guidelines ......................................................................................................... 9

3.5 Selection Process......................................................................................................................... 9

4. Proposal Requirements................................................................................................................10

4.1. General Format ......................................................................................................................... 10

4.2. Proposal Components ............................................................................................................... 10

5. Proposal Evaluation ....................................................................................................................12

6. Additional Information................................................................................................................13

7. RFP Attachments.........................................................................................................................16 Attachment A: Site specifications ..................................................................................................... 16 Attachment B: July 2023 utility bills for installation locations............................................................. 16 Attachment C: Contract Terms and Conditions................................................................................. 16 Attachment D: Cost Proposal Form .................................................................................................. 16 Attachment E: Construction Contract Award Packet......................................................................... 16 2 Attachment F: Insurance Notice and Examples ................................................................................ 16 Attachment A .................................................................................................................................17 Attachment B..................................................................................................................................19 Attachment C..................................................................................................................................31 Attachment D .................................................................................................................................38 Attachment E..................................................................................................................................39 Attachment F ..................................................................................................................................59 2 1. Project Overview

1.1. Introduction
The City of Willits (hereby referred to as “the City”) is soliciting proposals from qualified solar Photovoltaic (PV) providers and/or Energy Services Companies to deliver a complete project, including project development/design, engineering, and installation or coordination to complete the installation of two (2) turn-key solar installations. The installations include 38.0 kW solar photovoltaic (PV) carport system(s) at staff and public parking areas of City Hall, and 821.1 kW ground-mount and carport PV systems at the Sports Park to offset energy consumption of the Wastewater Treatment Plant, Library, Museum, and City Hall (site addresses below). The City intends to enter into either an Energy Services Agreement with the selected respondent, or a Power Purchase Agreement with a third-party provider. Respondents shall have demonstrated experience designing, planning, scheduling, permitting, and constructing complete solar PV systems, have knowledge of local utilities, and must provide project financial analysis and rebate support. Respondents shall have demonstrated their ability to analyze the existing tariffs that are available and determine the best rate or tariff for the City’s installations, including but not limited to the Net Energy Metering 2.0 (NEM 2.0) program and the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) program. Respondents shall have demonstrated their ability to provide analysis of the City’s existing solar systems, including a summary of options relating to repairing, improving, and/or refinancing, if necessary. If the RES-BCT rate is chosen, the City may consider an additional solar system installation location at the Wastewater Treatment Plant site. If NEM 2.0 is determined as the preferred rate program for the City, Respondents shall have demonstrated their ability to complete all project deliverables and receive Point of Connection by no later than April 15, 2026, maintaining the City’s Net Energy Metering (NEM) 2.0 status with Pacific Gas & Electric (PG&E) and within the City’s budget of $2,822,400.00. The City continues to work with PG&E to determine the solar installation sizes and capacities, the City reserves the right to change the scope of work described in this Request for Proposal, including but not limited to solar installation size and capacity. Respondents to this proposal shall have demonstrated their ability to work with the city and PG&E on any changes to the scope of work for the project.

1.2. Purpose of RFP
The City’s interest in pursuing solar PV projects reflects the following prioritized goals:

1. Company shall implement the project on a turnkey design/build basis.

2. Provide Solar Photovoltaic Systems at two (2) locations to reduce and offset utility expenses to operate Willits City Hall and the Wastewater Treatment Plant. A third location at the Wastewater Treatment Plant for system installation may also be considered if utilizing the RES-BCT rate.

3. Leverage low-cost municipal financing, state energy loans, rebates, and verifiable energy savings strategies to provide financing alternatives to the City, at a not to exceed $2,822,400.00 up-front expense.

4. Manage risk to the City by providing measurable technical and financial performance.

5. Company shall develop cost and savings analysis and present financial alternatives to the City; this analysis should include a comparison of rate programs the City is eligible for (NEM 2.0 vs. RES-BCT).

6. If the NEM 2.0 rate is chosen by the City, the Company shall implement the project and receive Point of Connection by no later than April 15, 2026, maintaining the City’s Net Energy Metering (NEM 2.0) status with PG&E.

7. Providing attractive carport addition(s) that blends in with the overall aesthetics of City Hall and includes opportunities for the use of PV through car charging stations. 3 1.3. City Background
The City of Willits proudly serves approximately 5,000 residents. To date, we have installed a 26 kW rooftop PV system with approximately 75 kW/h of connected batteries at City Hall and a 422.25 kW Ground Mount system serving the City Water Plant. There are approximately 830 kW of connected Tesla batteries at the Wastewater Treatment Plant. In 2023 the City successfully submitted Interconnection Applications with Pacific Gas & Electric Company (PG&E) on March 29, 2023, for two (2) site locations.

In efforts to maintain the existing Net Energy Metering (NEM 2.0) rate option with PG&E and to meet renewable energy goals, the City completed the Interconnection Application process with PG&E prior to the NEM 3.0 deadline. Through this RFP, the City seeks to continue to make progress towards achieving its renewable energy goals with new solar system installations. The City seeks to review all available rate options, including but not limited to NEM 2.0 and Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT), and potentially maintain NEM 2.0 status with PG&E. If the RES-BCT rate is chosen, the city may consider an additional solar system installation location at the Wastewater Treatment Plant site.

1.4. Project Details
Site Details Solar PV Details
Name Address Electric Load PV Type Estimated PV Size
kWh/year kW-DC kWh/year
Sports Park
and
Wastewater
Treatment
Plant
500 E. Commercial St. Available by
Request
GroundMount
&/or
Carport
~821.1 Available
by Request
City Hall 111 E. Commercial St. Available by
Request Carport ~38.0 Available by Request
• Desired Solar PV System Description: The City is seeking the above carport and ground-mount PV systems to be sized no larger than a capacity of 38.0 kW (City Hall) and 821.1 kW (Sports Park) to maximize cost savings. The Wastewater Treatment Plant location is not included within the NEM 2.0 contracts, however, the City may consider this location under the RES-BCT rate option. Further detail is provided in Attachment A.
• Project Financing: The City is seeking to finance the solar PV systems using approximately $2,822,400.00 of funding allocated from the City’s Capital Improvement Plan for the Wastewater Treatment Plant and any additional financing needed through a Power Purchase Agreement, Lease, Lease-to-purchase, and/or private financing and requests the Proposer to submit a financial analysis for $2,822,400.00. There should be separate price proposals for each site, as well as an overall price proposal. The City has the right to go forward with all, some, or none of the proposals. The City also requests a separate financial analysis option for the City to purchase each system during a designated period or at the end of the project’s life.
• System Ownership: The City requests that a review be completed and presented to the City to determine whether the solar PV systems are desired to be owned by the City or Proposer. The City also requests that the option to purchase the system in a designated period or at the end of the project’s life is included within the completed review or analysis. • Monitoring: The City requests a turnkey monitoring system for system performance and potentially data sharing through other information outlets.
• End of Contract: If the City chooses to enter into a Power Purchase Agreement (PPA) or a Lease option, the City requests the option for the owner to remove and decommission the system and/or an option to purchase the system from the system owner and/or option to terminate the contract through an early buyout option during a designated period.
4 2. Scope of Work
The goal of this RFP is to identify a solar company with the necessary experience to ensure a fullymanaged and well-executed process. The City reserves the right to modify the scope of the project at any time. The City of Willits (hereby referred to as “the City”) is soliciting proposals from qualified solar Photovoltaic (PV) providers and/or Energy Services Companies to deliver a complete project, including project development/design, engineering, and installation or coordination to complete the installation of two (2) turn-key solar installations. The installations include 38.0 kW solar photovoltaic (PV) carport system(s) at staff and public parking areas of City Hall, and 821.1 kW ground-mount and carport PV systems at the Sports Park to offset energy consumption of the Wastewater Treatment Plant, the Library, Museum, and City Hall (see Section 1.4 – Project Details). The City intends to enter into either an Energy Services Agreement with the selected respondent, or a Power Purchase Agreement with a third-party provider. The winning Proposer shall be responsible for progress reporting associated with grant administration and including Close Out Reporting. Respondents shall have demonstrated experience designing, planning, scheduling, permitting, and constructing complete solar PV systems, have knowledge of local utilities, and must provide project financial analysis and rebate support. Respondents shall be responsible for coordinating with all utility companies during the entire project. Utility coordination includes utility permit fees and interconnection agreements. Additional design considerations to support solar installation compatibility with sports field access and usage, such as including carports designed for large vehicle traffic, are desired by the City. Respondents shall have demonstrated their ability to analyze the existing tariffs that are available and determine the best rate or tariff for the City’s installations, including but not limited to the Net Energy Metering 2.0 (NEM 2.0) program and the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) program.

2.1. Design Guidelines
The Proposer shall include design documents for all elements of the project, including, but not limited to, structural, architectural, mechanical, and electrical elements; these documents do not need to be final designs for the project, but should combine written descriptions and photographs of similar projects that the Proposer has completed. Proposals should provide an overview of the approach for designing the structures and solar installations based on the described project parameters included in this Request for Proposal. Respondents shall provide the reduction in electricity demand (in kW) that will result from their Proposal. All construction work shall be completed by a California Licensed Contractor and all required Building Permit(s) shall be obtained from the City of Willits. If awarded the contract, the selected firm shall provide final design plans, including but not limited to a draft submittal, draft revisions based on City review, entitlements, construction, permitting, commissioning, warranty support, and the final design plans will be part of the required Building Permit packet submittal. All specified equipment and materials shall be readily available, competitively priced, and easy to assemble, install, maintain, repair, and replace. The system shall be earth-grounded, have appropriate lightning and ground fault protection, and any other safety devices the designer deems necessary. The Proposer should consider the following guidelines when designing the solar PV system.
5 (1) Ground-Mounted Solar
The Proposer shall develop a design for new PV systems that maximizes cost savings overall (below $2,822,400 preferred). It is the responsibility of the Proposer to assess site topography and geotechnical attributes to estimate costs related to project installation. Proposer is responsible for the costs of securing the environmental permits necessary to install ground-mounted systems. • The PV system shall be designed so that handling, assembly, installation and maintenance work are in compliance with Occupational Safety and Health Administration (OSHA) and California OSHA safety requirements and cause minimal disruption to Sports Park operations. • PV systems shall be outstanding examples of state-of-the-art PV system design. Systems shall be reliable, long-lasting, require minimum maintenance in an environment that has snow and wind events, and be trouble-free.
• All structural designs, specifications and calculations shall meet or exceed applicable California and local building and electrical codes.
• All power and signal wires and cables shall be in conduit or approved equivalent. • Designs for a solar system that is compatible with large vehicle traffic may also be reviewed and potentially accepted by the City, replacing or supplementing a ground-mounted solar system, if the potential locations for ground-mounted solar are deemed less desirable. (2) Carport Solar
The Proposer shall develop a solar PV design for new carport systems that maximizes cost savings and is within the City’s budget of $2,822,400.00. It is the responsibility of the Proposer to assess site topography and geotechnical attributes to estimate costs related to Project installation. • The PV carport array shall be an attractive addition that blends in with the overall aesthetics of City Hall.
• The PV system shall be designed so that handling, assembly, installation and maintenance work are in compliance with Occupational Safety and Health Administration (OSHA) and California OSHA safety requirements, and cause minimal disruption to Sports Park operations. • PV systems shall be outstanding examples of state-of-the-art PV system design. Systems shall be reliable, long-lasting, require minimum maintenance in an environment that has snow and wind events, and be trouble-free.
• All structural designs, specifications and calculations shall meet or exceed applicable California and local building and electrical codes.
• All power and signal wires and cables shall be in conduit or approved equivalent. • The carport’s roof components shall be at least 10 feet above the ground (or grade) above parking spaces and at least 14 feet and 6 inches above drive-aisle areas to allow for large or emergency vehicle access and parking.
• Lighting shall be provided under each carport. This lighting shall be high efficient (e.g., LED), controllable (e.g., automated photocell controls to turn the lights on at dusk and off in the morning), and meet City of Willits exterior lighting codes (e.g., a minimum of 0.5-1.0 footcandles on paved parking areas with walkways).
• The carport solar shall be designed for snow and ice management. • Trees can be removed from parking lot to accommodate solar installation. Parking lot can be restriped to better orient the parking spaces for PV installation. Reorientation of the parking spaces can reduce the number of spaces in the parking lot. All of these costs shall be borne by the Proposer.
• Multiple electric car charging stations shall be included at different carport locations, such as City Hall and the Sports Park.
6 2.2. Construction
The installation and power generation and transmission equipment shall comply with applicable building, mechanical, fire, seismic, structural, and electrical codes. Construction must comply with current adopted City of Willits Building Code, which includes: 2022 California Building Code, 2022 California Electric Code and 2022 California Fire Code. All construction work shall be completed by a California Licensed Contractor and all required Building Permit(s) shall be obtained from the City of Willits. • Contractor shall hold a pre-construction meeting and work with the City to address any design revisions and/or concerns during construction; this includes preparing details for any change orders and answering technical questions.
• Contractor is responsible to ensure that installation and materials meet all applicable state and local codes.

2.3. Warranties
The Proposer must provide their standard system warranty coverage along with specific, Industry Standard equipment warranty coverage for modules, inverter, racking and workmanship. If the City chooses to enter into a Power Purchase Agreement or Lease Agreement, the systems’ operations shall be included in that Agreement.
• Workmanship: Two (2) Year Limited Warranty.

2.4. Inspection and Commissioning
To ensure compliance with all electrical codes, an inspection by a licensed electrical inspector is mandatory after construction is complete. Commissioning tests shall be included in the final inspection.

The inspection and commissioning shall be completed by an independent third party to verify that the project will perform as planned and that all affected controls, control sequences, solar panels, and appurtenant equipment are operating as designed and functionally tested. The Proposer’s independent commissioning agent shall ensure that:
• All equipment specifications match the proposed equipment specifications. • The physical layout aligns with the as-built diagrams with variations to proposed system noted. • The electrical system as laid out and connected aligns with the as built one-line diagrams including fuses, relays and switches with variation to proposed system noted. • Each array passes the open circuit voltage and current test. • The manual disconnect switch operates correctly.

2.5. System Monitoring
Monitoring of system performance (separate from utility meter monitoring requirements) is an important element of this RFP. The City will favor a proposal that includes a turnkey monitoring system that can monitor system performance, as well as be integrated into the City’s website for public viewing. Data storage, management, and display will be the responsibility of the Proposer.

Additionally, the regularly collected data should reflect, but not be limited to, the following:
• Average and accumulated output (kWh/day, kWh/year, and cumulative kWh) versus building load • Capacity factor
• Air quality emissions averted and real-world equivalents conversion (e.g., homes powered, vehicle miles drive, trees planted, etc.)
7 2.6. Operation and Maintenance of System
The City anticipates that the O&M for the system will be completed through a separate contract after successful installation of the solar systems. If the City enters into a Power Purchase Agreement, the Proposer will provide O&M of the entire solar electric system over the contract life. Operations and maintenance services include, but are not limited to:
• Online monitoring
• Performance monitoring, notification, and troubleshooting • Corrective maintenance to mitigate any risk to the system or minimize down time • Quarterly system performance reports for the first five (5) years and annually thereafter, that compares actual production to predicted production.
• Preventative maintenance and inspections to identify and fix problems before they occur, including infrared photography for hot spots, manufacturer recommended maintenance, hardware torque checks, and array cleanings
• Weed abatement for ground-mounted systems
If the City decides to own the system, prior to system start-up, the successful respondent and/or Proposer shall supply the City with two (2) copies of all Component Product Data and Component Operation and Maintenance manuals. The information shall be sufficient for the City to evaluate and ensure they can appropriately complete O&M over the life of the system. Project as-builts that detail location of all above and underground utilities and components shall be submitted within 30 days of system start-up.

2.7. Contract Length and Post-Contract Options
If the City chooses to enter into a Power Purchase Agreement as part of third-party ownership of the solar systems, the City will require a Contract. The City is open to 20-year contract lengths, and requests the associated financial proposals for those lengths as stated in section 4.2.

The City will consider the following options (#1–4 below) as part of a Contract for third-party ownership of the solar systems:

Option 1: Post-Contract Renewal
At the end of the contract term, the City requests the option to renew the contract for a specified number of years determined at that time.

Option 2: System Removal
At the end of the contract term, the City requests the owner to remove and decommission the system or provide a decommissioning bond of $50-60/kW-DC. The system owner bears the cost of removing the system and restoring the site to its prior condition. At the conclusion of the removal, neither party has any further liability or obligation to the other.

Option 3: City Ownership Option
At the end of the contract term, the City requests the option to purchase the system from the system owner at its fair market value (FMV) or at the Proposer specified price. The FMV will be determined by the parties themselves or by an independent/third-party appraisal.

Option 4: Early Buyout Option
The City also requests the option to terminate the contract through an early buyout option in the year 2046, to purchase the system from the system owner at its fair market value (FMV) or the Proposer specified price.
8 2.8. Final Design Package
The winning Proposer and the City will negotiate to develop the contents of the final design package. The City’s requested sections are included below. These are NOT required in the proposal bid.

Proposers shall include a description discussing the design documents for all elements of the project, including, but not limited to, initial estimates or review of structural, architectural, mechanical, and electrical elements. The description can include photographic examples of completed projects that are similar to the proposed project. The “Proposal Requirements” section specifies detailed Proposal submission requirements.
• Solar PV Description: A summary of the solar PV system types, sizes, annual production, and site location.
• Schedule: The equipment procurement and solar PV installation schedule for each site. • Design and Engineering Documents: The design documents for all elements of the project, including, but not limited to, structural, architectural, mechanical, electrical, and all subsequent design documents.

Drawings shall be stamped by an Engineer registered in the State of California. • Site Drawings: Layout drawing of installation site providing location of all equipment. • Equipment Details and Specifications: A high-level summary listing all solar PV system equipment and their associated specification sheets.
• Incentives: The Proposer shall complete and submit in a timely manner all documentation required to qualify each system for available rebates and incentives. All rebates/tax incentives are to be assigned to the City, unless a Power Purchase Agreement is chosen by the City, then the rebates/tax incentives will be assigned to the Proposer.
• Electrical Interconnection: The Proposer shall supply and install all equipment required to interconnect the solar PV system to the utility’s distribution system. They shall provide an interconnection agreement with Pacific Gas & Electric (PG&E) to ensure all utility requirements will be met. All costs associated with utility interconnection shall be borne by the Proposer. The City successfully submitted Interconnection Applications with PG&E on March 29, 2023, for two (2) site locations. If NEM 2.0 rates are chosen by the City, the Proposer shall maintain and continue the existing Interconnection Applications with PG&E.
• Manuals: If the City decides to own the systems, the Proposer shall supply the City with the associated system manuals. This includes equipment, installation, and O&M manuals for proper system monitoring over the life of the contract.
• Monitoring: A description of controls, monitors, and instrumentation to be used for the solar PV system. This includes web-based monitoring for performance verification. • Safety Plan: The Proposer’s plan to ensure safety for all personnel. The Proposer shall report accidents, claims, and other on-going safety related issues to the City in a manner consistent with City-wide reporting systems.
• Construction Plan: This includes the appropriate documentation, plan, and timeline. All submittals, drawings, disruption plans, and contract documents shall be reviewed and approved in writing by the City Project Manager prior to submittal for design review/permits. The sites, except for the solar PV system footprint, shall be returned to pre-construction condition as needed. • Performance Bond: The Proposer shall provide performance bonds in the amount equal to 110% of the installation cost of the facility with the City listed as bond obligee in the event the Proposer is unable to perform its obligations under the contract.
• Close Out Report: The Proposer shall report progress of project contract closeout to the City in a manner consistent with the City’s reporting requirements. The Proposer shall be responsible for progress reporting associated with grant administration. At a minimum, this should include the following information: system nameplate size, overall installed system cost, and estimated and guaranteed annual kWh production (if applicable).
9 3. Procurement Schedule
The schedule for this RFP is as indicated below. It may be modified at the discretion of the City. An addendum will be issued in the event of any scheduling changes.

Responsible Party Project Milestone Date/Time
City RFP Issued January 25th, 2024
City & Proposer Site Walk February 1, 2024 (attendance signup due January 31, 2024).

Proposer RFP Questions Deadline February 6, 2024
City Answers to RFP Questions Distributed February 13, 2024 Proposer Notice of Intent to Submit Proposal Deadline February 15, 2024 Proposer RFP Deadline February 29, 2024
Proposer Presentations from Short-Listed Proposers March 7, 2024 City Award (or Not Award) March 13, 2024
City & Proposer Contract Executed April 10, 2024
City & Proposer System Commissioning & Operation Deadline April 15, 2026

3.1. Site Walk
The pre-bid meeting and site walk are mandatory and will be scheduled for February 1st at 10:00am PST at City Hall, 111 E. Commercial Street. It is estimated to take 2-3 hours. All interested companies must attend this site visit. Technical questions will not be answered at this meeting. Please submit site walk attendee information via email by January 31, 2024. Please submit site walk attendee information by contacting Leiloni Shine, Contract Planner directly ([email protected]).

3.2 Questions Pertaining to the RFP
Please submit questions via email to Leiloni Shine, Contract Planner, [email protected], by February 6, 2024. Responses to questions will be shared with all Proposers.

3.3 Notice of Intent to Submit Proposal
Respondents must submit via email to Leiloni Shine by 5:00pm PST on February 15, 2024, their Notice of Intent to Submit a proposal to ensure receipt of all addendums and other project documents.

Addendums to this RFP based on submitted technical questions, along with changes to the proposal schedule, will be issued via email to Proposers who have confirmed intent to submit.

3.4 RFP Submission Guidelines
One (1) electronic proposal shall be stored on an electronic storage device and one (1) physical proposal signed by a company official authorized to make a legal and binding offer submitted to the address listed.

The Qualifications Proposal and Cost Proposal must be submitted in separate envelopes and clearly identified and marked: “Request for Proposal Energy Services Including On-site Solar Photovoltaic System Design, Engineering, and Build QUALIFICATIONS”; and “Request for Proposal Energy Services Including On-site Solar Photovoltaic System Design, Engineering, and Build COST PROPOSAL” Any bid may be withdrawn at any time prior to the due date with a written request signed by the authorized respondent representative. Revised proposals may be submitted up to the original due date/time. Bid proposals shall remain valid for 90 days after the RFP due date.

3.5 Selection Process
Shortlisted vendors will be asked to meet with the City to present their proposal to the City’s evaluation team and answer any outstanding questions. Depending on the number and quality of the proposals received, the City reserves the right to either not select or select a vendor. The successful respondent will align on a formal agreement with the City based on the draft terms and conditions included as Attachment C and respondent’s terms and conditions.
10 4. Proposal Requirements

4.1. General Format
One (1) electronic proposal shall be stored on an electronic storage device and one (1) physical proposal signed by a company official authorized to make a legal and binding offer submitted to the address listed.

Please print double sided. The proposal must be delivered to the below address no later than February 29, 2024 at 5:00pm PST. Proposals received after this time will be returned to the respondent un-opened.

Proposals will not be considered for award unless submitted in the format described below. Fax proposals will not be accepted.

Brian P. Bender
City Manager
City of Willits
111 E. Commercial Street,
Willits, CA 95490
(707)459-7155

4.2. Proposal Components
Please include the following sections in your proposal submittal in the following order. Limit each proposal section to a maximum of ten (10 pages).
• Cover Letter: Cover letter must be addressed to Brian P Bender, City Manager, and signed by a legally authorized representative of the respondent. It must summarize key provisions of the proposal and must include the respondent contact’s name, address, phone and email. Specify if the Proposal includes any Proposer’s trade secrets that must be shielded in case the City is subject to the Freedom of Information Act (FOIA).
• Table of Contents: Clearly defined sections and pages numbered. • Executive Summary: Include key provisions of the proposal, including understanding of the City’s goals, pricing, respondent’s role on project, brief description of proposed system, financing, relevant experience with local governments, and key timeline dates. • Cost Proposal (Under Separate Sealed Cover): Provide the following price proposals for multiple options, including an upfront purchase, Power Purchase Agreement, or Lease. If unable to provide price proposals for a Power Purchase Agreement, at a minimum, include the upfront purchase price that includes the design, construction, and system installation for an upfront purchase and/or lease option. Provide a cost schedule for the duration of the contract / project. The schedule shall specifically identify all rates to be charged for the required services. Any reimbursable fees or other cost should be identified and included in the fee proposal. In addition, provide a list of any additional costs that will be charged by your firm in providing the requested services within the defined scopes of work. The cost proposal shall be submitted in a separate sealed envelope, clearly and plainly labeled “Cost Proposal” with the name of the company and the project title. The cost proposal is considered a criteria once the final recommendation has been made, but is not the sole factor in the section process. Upon the completion of the initial evaluations, the cost proposals will be opened, and negotiations will begin.

In addition, submit a hard copy of Attachment D (Cost Proposal). o Upfront cost amount ($)/kW and overall price ($) and/or Power Purchase Agreement price and/or monthly solar lease price.
o Net present year 1 and year 20 financial savings using the following assumptions:
 2% City’s utility electricity price escalation rate
 4% City’s discount rate
 20 year evaluation period
 A Power Purchase Agreement proposal should include a 3-5% escalator for the PPA rate. 11 • Technical Solution: Describe your technical approach to the design and construction of the solar project including:
o Technical Approach, Design, Equipment, Installation
 Guaranteed power capacity (kW-DC and kW-AC)
 Estimated annual electricity production (kWh-AC)
 Panel, inverter, racking specifications
 Equipment and workmanship warranties
o Attachments showing the physical layout of the proposed PV, inverter, and conduit o PVSYST report indicating production of the proposed system o Proposed monitoring system including, but not limited to, equipment requirements, data output, and maintenance requirements.
o Operations & maintenance plan offered for the project (IF including a Power Purchase Agreement or third-party system ownership option).
o Summary/description of design documents for all elements of the project, including, but not limited to, structural, architectural, mechanical, and electrical elements, that will be part of the “Final Design Package”.
• Financing Plan: If the Proposer will finance the project, provide a detailed description of how the project will be financed. Identify all financial partners involved in the project and clearly show financing commitment from proposed equity participants, if not proposed to be the Proposer itself. Describe in this plan all available tax credits, incentives, and subsidies that will be used to finance the project, and how these will be used in the financing of the projects. • Community Co-benefits – Describe community benefits resulting from the project, including, but not limited to:
o Integrating increased Sports Park usage and accessibility with solar energy production. o Creating alternative energy sources for the City’s Library and the County Museum. o Enhancing the City’s ability to share solar PV data with community members. • Proposer Profile: Years in business, description of background working with local governments, applicable state licensing, OSHA background and safety protocol, insurance, and quality control documentation. Each prospective Provider shall submit a Statement of Qualifications that demonstrates the providers ability to perform the work proposed. • Project Experience: Include a minimum of two (2) and maximum of five (5) projects completed in the last 3 years similar in scope and complexity to the proposed project. At least one (1) relevant experience project completed within the last three (3) years must include a carport, shade structure, and/or ground-mount solar PV project of 250 kW or larger. Include project name, system size (kW), location, and brief 2-3 sentence project description. Highlight companies permitting and interconnection experience with local utility. This section can include photographic examples of completed projects that are similar to the proposed project. o References: Provide five (5) project references, including the contact person’s name, email address, telephone number, and organization, as well as the nature of work performed, its location, and total project size (kW).
o Litigation: Indicate whether the Proposer, any team member, or any corporate officers have been party to any lawsuit involving the performance of any equipment it has installed and provide a summary of the issues and lawsuit status.
12 • Project Team: Organization chart and bios (length of time with company, key projects, work history) of key team members and subcontractors, and their capability to perform work. Please only profile individuals that will directly be working on this project. Clearly identify the project manager. • Safety – Include a brief description of the safety practices of your company, as well as the OSHA Reporting Indicators for the last three (3) years.
• Proposed Schedule – Identify key project milestones for each site and include any necessary review periods for the City.
• (Optional) Additional Information – If the Proposer believes that additional information must be included in their bid that is not covered in the above sections, it can be included in this section.

5. Proposal Evaluation
The City will evaluate proposals according to the evaluation criteria below. Points will be awarded based on the relative merit of the information provided in the response to the solicitation. Selection will be based on the total number of points awarded by the evaluation committee and result in a proposal for negotiation of a contract. The City reserves the right to make multiple awards, one award, or no rewards as a result of this solicitation.
• Proposal Cost Effectiveness [10] points
• Technical Approach/ Implementation Schedule [10] points • Proposal’s Alignment to Proposed Format [10] points
• Proposer’s Local Presence/Local Job Support [10] points • Proposer Qualifications/Project Experience [10] points • Proposer’s Financial Strength [10] points
• Proposer’s Project team members experience [10] points The City may elect to conduct interviews with selected respondents to ask questions or for more detail on the proposed project. The City reserves the right to seek supplemental information from any respondent at any time after official proposal opening and before award. This will be limited to clarification or more detail on information included in the original proposal. Upon acceptance of a proposal and intent to award, the successful respondent will be required to execute and return all required project documents and certificates of insurance within fifteen (15) days from the Notice of Award. Should the selected company fail or refuse to execute the project documents, the City reserves the right to accept the next best proposal.

Any and all proposals received after the deadline will be considered non-responsive. No faxed proposals will be accepted. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested may result in rejection of the proposal.

Confidential Material: Prior to the award of the contract, all proposals will be designated confidential to the extent permitted by the Public Records Act. After award of the contract, or if not awarded, after rejection of all proposals, all responses will be regarded as public records and will be subject to the review of the public. Any language purported to render confidential all or portions of the proposals will be regarded as non- effective and will be disregarded.

Conflict of Interest: The provider shall disclose any financial, business or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The City reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the program. The City determination regarding any questions of conflict of interest shall be final.

Limits of General and Professional Liability: The provider shall provide a certificate of insurance pertaining to the limits of their general and professional liability insurance. See the attached insurance requirements (Attachment F) for more information.
13 6. Additional Information
Enabling Legislation – Per California Government Code Section 4217.12 and related sections, public entities have the statutory authority to seek and deliver energy-related projects using a selection process defined by the individual public entity. This RFP is issued utilizing this enabling legislation. Any Proposer who wishes to be considered for a contract with the City and other Participants must submit the required information per this RFP and conform to the process described herein.

Extension of Deadline – In the event the City elects to extend the deadline for submittal of RFP, all applicants will have the right to revise and resubmit their proposal.

Right to Cancel – The City reserves the right to cancel the request for proposals (RFP), modify any requirements contained within the RFP and request a revised submission from all suppliers, and to establish other evaluation criteria determined to be in the best interest of the City. The City shall also have the right to refrain from awarding the contract altogether. The City can change any aspect of, terminate, or delay this RFP, the RFP process and/or the program which is outlined within this RFP at any time, and notice shall be given in a timely manner thereafter.

Disclaimer - The City continues to work with PG&E to determine the solar installation sizes and capacities, the City reserves the right to change the scope of work described in this Request for Proposal, including but not limited to solar installation size and capacity. Respondents to this proposal shall have demonstrated their ability to work with the City and PG&E on any changes to the scope of work for the project.

Award – Any contract(s) for this Project will be awarded to the qualified Proposer(s) able to effectively negotiate terms for the project(s) that provide the “best value” to the City as determined solely by City and its agents. The Selection Committee, on behalf of the City reserves the right to reject any or all proposals, to waive any irregularity in any proposal and to determine which, in its sole judgment, best meets the goals of this RFP. The successful provider will be required to enter into an Agreement with the City which will include the requirements of this RFP as well as other requirements to be determined. The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into the Agreement.

Prior to award of the contract, the City reserves the right to request additional information regarding the history of operations of the Proposer and its principals. In addition, filed review of existing equipment, facilities and operations may be conducted by the City.

No prior, current or post award verbal conversations or agreements with any officer, agent, or employees of the City shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement.

No Award – Recipients of this RFP are advised that nothing stated herein, or any part thereof, or any communication during the evaluation and selection process, shall be construed as constituting, offering or awarding a contract, representation or agreement of any kind.

Non-Acceptance – Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal or proposed system or equipment was deficient. Non-acceptance will mean that another proposal was deemed to be more advantageous to the City or that no proposal was deemed acceptable.

Not Liable for Costs – The City of Willits is not liable and will not be responsible for any costs incurred by any provider(s) for the preparation and delivery of the RFP responses, nor will we be liable for any costs incurred prior to the execution of an agreement, including but not limited to, presentations by RFP finalists.

Property of the City – Responses to this RFP will become the property of the City of Willits, and will form the basis of negotiations of an agreement with the apparent successful provider. 14 Waiver of Irregularities – The City of Willits reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any proposal.

No Obligation to Buy – The City of Willits reserves the right to reject any or all proposals at any time without penalty and from contracting with any provider. The release of this RFP does not convey the initiation of a purchase.

Withdrawal of Proposals – Providers may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by an authorized representative of the provider must be submitted to the RFP Contact. The provider may submit another proposal at any time up to the proposal closing date and time. No proposal shall be withdrawn after the date and time set for opening thereof, and all proposals shall remain in effect for ninety (90) days after the final proposal submission date.

Errors in Proposal – The City of Willits will not be liable for any errors in provider proposals. Providers will not be allowed to alter proposal documents after the deadline for proposal submission. Corrections or amendments due to errors identified in the provider’s Proposal may be accepted if this type of correction or amendment is due to typing, transposition or any other obvious errors. Providers are liable for all errors or omissions contained in their proposals.

Non-Responsive Proposals – Proposals deemed non-responsive will be returned to the proposer.

Non-Assignability - The Provider shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of Willits.

Non-Discrimination - The Provider shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this contract, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

Payment Terms - The Provider shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Provider all uncontested amounts set forth in the Provider's bill within 30 days after it is received.

Ownership of Reports and Data - The originals of all studies, reports, exhibits, documents, data and/or other work/material(s) prepared and/or used to comply with any section/condition of these specifications, plus any copies of same required by the agreement to be furnished to the City, shall be deemed to be public records which shall be open to inspection by the public and, as such, shall become and remain the Property of the City.

Amendments to Request for Proposal - The City reserves the right to amend the Request for Proposal by addendum prior to the final proposal submittal date.

Contract Term - This contract will cover services provided until services are rendered and deemed completed, unless upon mutual consent of the parties. The fee proposed by Provider must be valid for the entire period unless otherwise conditioned in the Proposal.

Non-Exclusive Contract - The City reserves the right to contract with other Professional Service firms during the contract term.

Insurance - The Provider shall meet all provisions, including, but not limited to, appropriate additional insured endorsements relating to insurance coverage as provided forth in Attachment F. a) The City asks consultants to review the example contract and forward the Insurance Requirements section to their insurance agents prior to submitting a proposal. 15 b) The City requires the firm to provide certificates of insurance as described in the contract. Please refer to “Attachment G” for an example.
c) The City also requires the firm to accept a transfer of liability, under the insurance endorsement section of the contract. Please refer to “Attachment F” for the acceptable endorsement forms and verbiage. The required verbiage is also listed in the insurance section of the Professional Services Contract and should be referred to for the completion of the insurance forms. d) The required minimal insurance limits are as follows:

The required minimal insurance limits are as follows:
• Professional Error & Omission (Minimum Limit - $1,000,000) • General Liability (Minimum Limit $1,000,000 per occurrence, $2,000,000 aggregate) • Automobile (Minimum Limit $1,000,000)
e) The Consultant is responsible for sharing all insurance information with their insurance carrier. Please be aware that some of the requirements may raise your premiums. You should understand these increases and take them into consideration when submitting your proposal. Additional compensation for increases in insurance expenses incurred will not be granted at a later date. f) If you or your insurance agency have questions regarding the insurance documentation, you may direct those questions to:

City of Willits Engineering Division
Attn: Brandy Sanderson
111 E. Commercial St. Willits, CA 95490
Phone: (707) 459-7143
Fax: (707) 459-2481
Email: [email protected]
Public Domain - All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract.

Upon request, all proposals will be available for public review (except financial statements submitted under separate cover with a confidentiality request, which shall be disclosed only upon order of court with competent jurisdiction) once negotiations are complete and contract award is ready to be made to the successful proposer.

Required Timeframes - The office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, so that the staff will be available to City staff.

Conflicts of Interest – Provider agrees to promptly notify City whenever a client of Provider has an interest in any project referred to Provider for professional services. In particular, Provider shall disclose any financial interest or relationship with any construction company that might submit a bid on the resulting construction project. The City may withdraw such project with no compensation due, if the Provider has a conflicting interest.

Conflict of Interest Disclosure - In accordance with California Government Code Section 87306, the Provider awarded a contract may be required to file a Conflict of Interest Statement. If such requirement is made, the filing must be no later than 30 days after the execution of the contract, annually thereafter prior to June 24th of each year for the duration of the contract, and within 30 days of termination of the contract.

Failure to file any required statements will result in withholding payment for services rendered.

Inspections - City reserves the right to inspect the work being accomplished by the Provider at any time.

Assignment of Personnel - The Provider shall have City's approval prior making the change(s) in a project team assigned to a project.
16 7. RFP Attachments
Attachment A: Site specifications
Attachment B: July 2023 utility bills for installation locations Attachment C: Contract Terms and Conditions.

Attachment D: Cost Proposal Form
Attachment E: Construction Contract Award Packet
Attachment F: Insurance Notice and Examples
17 Attachment A
City Hall: Potential Carport Location(s) over parking areas:

Vicinity Map:

Potential Carport
and Ground-Mount
System Locations:

1. City Hall

2. Wastewater
Treatment
Plant

3. Sports Park,
Library, and
Museum.
1 2
3 18
Wastewater Treatment Plant: Potential single or multiple Ground-Mount Location(s) at field:

Sports Park, Library, and Museum: Potential Carport
Location(s) over parking areas and Ground-Mount at field(s):
19 Attachment B

31 Attachment C

CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is made and entered into in duplicate, effective this DD day of MONTH YYYY by and between the CITY OF WILLITS, California, hereinafter referred to as the CITY, and CONTRACTOR’S NAME. whose address is CONTRACTOR’S ADDRESS hereinafter referred to as the CONTRACTOR, as follows:

RECITALS
A. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Contract; and
B. Contractor possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Contract on the terms and conditions described herein.

C. City desires to retain Contractor to render professional services as set forth in this contract.

CONTRACT

1. SERVICES TO BE PERFORMED BY CONTRACTOR. Contractor shall perform the services described in “Exhibit A,” which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in “Exhibit A,” subject to the direction of the City through its staff that it may provide from time to time.

2. TERM. The services of Contractor are to commence upon execution of this Contract and shall continue until all authorized work is approved by the City. All such work shall be completed no later than MONTH DD, YYYY.

3. COMPENSATION. Compensation to be paid to Contractor shall be in accordance with “Exhibit A,” which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed $CONTRACT AMOUNT, without additional written authorization from the City. Payment by City under this Contract shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. METHOD OF PAYMENT. Contractor shall submit monthly billings to City describing the work performed during the preceding month. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff.

5. EXTRA WORK. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor 32 shall not perform, nor be compensated for, Extra Work without written authorization from the City.

6. TERMINATION. This Contract may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination.

7. OWNERSHIP OF DOCUMENTS. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Contract, except working notes and internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party.

Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. In the event of termination, all finished or unfinished documents, data, studies, and reports prepared by Contractor under this Contract shall become the City’s property; and Contractor shall deliver such documents to the City Clerk within two (2) business days from the date that this Contract is terminated.

8. CONTRACTOR’S BOOKS AND RECORDS.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Contract.
b. Contractor shall maintain all documents and records which demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract.
c. Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Contract. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

9. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, or joint ventures of one another. Contractor is not an employee of City and is not entitled to any of the rights, benefits, or privileges of City employees including, but not limited to, medical, or Worker’s Compensation insurance. The parties intend to and have entered into a bonafide independent contract and nothing herein is a subterfuge to avoid making the Contractor an employee of the City. Contractor shall have control of the means, methods, and details of performing the work and shall only be subject to the general direction and supervision of the City to ensure that results contracted for are achieved per plans and specifications provided to the Contractor.

Contractor expressly warrants and agrees that it will exercise its own independent judgment in evaluating the accuracy and reliability of all data, technical reports and studies prepared by the applicant for the Project, its officers, agents, employees and subcontractors or prepared by any other person or entity not a party to this contract.

10. INTEREST OF CONTRACTOR. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or 33 indirect, in the area covered by this Contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Contract.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

11. PROFESSIONAL ABILITY OF CONTRACTOR. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into the Contract. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Contract. All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor’s field of expertise.

12. COMPLIANCE WITH LAWS. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances and regulations.

13. LICENSES. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall, if required, maintain a City of Willits business license.

14. HOLD HARMLESS.
a. Consistent with California Civil Code Section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless CITY, and its employees, officials and agents ("Indemnified Parties") for all claims, demands, costs or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of CITY. b. Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (a above, and to the full extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any Indemnified Parties, from and against any liability, (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), where same arises out of the performance of this Agreement by CONSULTANT, its officers, employees, agents, and sub-consultants, excepting only that resulting from the sole negligence, active negligence or intentional misconduct of CITY, its employees, officials, or agents. 34 15. INSURANCE REQUIREMENTS.
a. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California.

The Employer’s Liability Insurance shall be maintained in an amount not less than one million dollars ($1,000,000) per accident for bodily injury or disease. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the sub-contractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Contract, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability for protection against claims alleging negligent acts, errors, or omissions which may arise from Contractor’s operations under this Contract, whether such operations be by the Contractor or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Endorsements. Each general liability, automobile liability, and Workers’ Compensation insurance policy shall be with insurers possessing a Best’s rating of no less than A: VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with your “ongoing operations” and “your work.”
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 35 iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. The endorsement shall be on forms provided by the City or on other forms which conform to all City requirements. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Contract. Current certification of insurance shall be kept on file with the City at all times during the term of this Contract.

16. NOTICES. Any notice required to be given under this Contract shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Willits
111 East Commercial St.

Willits, CA 95490-3188
If to Contractor: COMPANY NAME

ADDRESS

CITY, ST ZIP

17. ENTIRE CONTRACT. This Contract constitutes the complete and exclusive statement of Contract between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Contract.

18. AMENDMENTS. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

19. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to City for entering into this Contract is the professional reputation, experience, and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Contract will be permitted only with the express consent of the City.

Contractor shall not subcontract any portion of the work to be performed under this Contract without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
36 20. WAIVER. Waiver of a breach or default under this Contract shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Contract.

21. SEVERABILITY. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect.

22. CONTROLLING LAW VENUE. This Contract and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Contract shall be held exclusively in a state court in the County of Mendocino.

23. LITIGATION EXPENSES AND ATTORNEYS FEES. If either party to this Contract commences any legal action against the other party arising out of this Contract, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

24. MEDIATION. The parties agree to make a good faith attempt to resolve any disputes arising out of this Contract through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

25. EXECUTION. This Contract may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Contract, it shall not be necessary to produce or account for more than one such counterpart.

26. AUTHORITY TO ENTER CONTRACT. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and to bind each respective party.

27. PROHIBITED INTERESTS. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.

28. EQUAL OPPORTUNITY EMPLOYMENT. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading demotion, transfer, recruitment or recruitment advertising, layoff or termination.

IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the date first written above.

CITY OF WILLITS: CONTRACTOR:
37 By (Signature):

Brian Bender
City Manager
Title:

License #
APPROVED AS TO FORM: ATTEST:

H. James Lance
City Attorney
Delores Pedersen
City Clerk
Exhibits: Exhibit A - Scope of Work / Schedule of Charges Exhibit B - Insurance Certificates
Exhibit C - Insurance Endorsements
Exhibit D - IRS W-9 Reporting Form
38 Attachment D
__________________________________________ _________________________________ ___________________ Printed Name of Bidder Signature of Bidder: Date PROJECT NAME Project Project No. 20XX-XX
_____________________________________________
Contractor’s Proposal and Schedule of Bid Prices Cont. (Page X of X):

The undersigned, having examined the proposed Contract Documents titled:

PROJECT NAME Project - Project No. 20YY-XX
and having visited the site and examined the conditions affecting the Work, hereby proposes and agrees to furnish all labor and materials, equipment, appliances, and all permits, and to perform operations necessary to complete the Work as required by said proposed Contract Documents for the stipulated sum of:

No. Item Description Est. Quantity Units Unit Cost Total 1 2
3 4
5 6
7 TOTAL
In Written Form:
______________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ The undersigned understands and agrees to comply with and be bound by Instructions to Bidders issued for this work. __________________________________________ _________________________________ ___________________ Printed Name of Bidder Signature of Bidder: Date
____________________________________
Company
11 39
Attachment E
Award Packet
for the

FULL NAME OF PROJECT
City of Willits Project No. 20XX-XX
Contract Check List:

Complete, accurate, executed copies of the following documents must be submitted to the City of Willits in accordance with the bid package issued by the City within fourteen (14) calendar days of receiving written notice of award of the project:

ALL PROPOSED PLANS AND/OR SCHEDULES ARE SUBJECT

TO ACCEPTANCE BY CITY ENGINEER
The bidder’s security of any successful bidder that fails to provide the documents listed above within 14 calendar days of receiving the Notice of Award will be forfeited to the City.

Construction Contract Contractor’s Safety Plan**
Performance Bond Water Pollution Control Plan**
Payment Bond Traffic Management Plan**
Certificates of Insurance * IRS W-9 Reporting Form
Insurance Endorsements *
** No example provided contractor responsible for document.

CITY OF WILLITS
Construction Contract For:

FULL PROJECT NAME, Project No. 20XX-XX
THIS AGREEMENT is made MONTH DD, YYYY between City of Willits, a general law city, hereafter referred to as "City" and “CONTRACTOR NAME”, hereafter referred to as "Contractor.”

1. Contractor agrees for the consideration and under the terms and conditions hereafter set forth, to furnish and transport all necessary labor, materials, tools, implements, and appliances required to perform and completely finish in a workmanlike manner to the satisfaction and approval of City Engineer for City of Willits, free of any and all liens and claims of laborers, artisans, material men, suppliers, and subcontractors, and in conformity in all respects with all applicable federal, state, county, and municipal laws, ordinances, rules, and regulations, the work described in Article 3 of this agreement.

2. (a) The term "Engineer" in this contract refers to City Engineer, City of Willits. (b) The term "work" of Contractor when mentioned in this agreement includes labor or materials, or both.

3. (a) The work includes: INSERT WORK DETAILS
All work shall conform to the City of Willits, or State of California, Department of Transportation, Standard Plans and Specifications, current edition. All work must be done in accordance with the General Conditions, Technical Specifications, and Project Plans entitled:

FULL PROJECT NAME, Project No. 20XX-XX
The attached general conditions, technical specifications, and detail drawings dated MONTH YYYY are made part of this contract.
(b) Contractor shall provide and furnish to City all detail and working drawings necessary to properly delineate the drawings and specifications, and the work shall be done, and the materials furnished in accordance with them, subject to City's approval, within a fair and equitable construction of the true intent and meaning of the drawings and specifications mentioned in Article 3 (a). (c) If at any time or times during the progress of the work City desires to make any additions to, alterations of, deviations from, or omissions (not caused by operation of Article 21) from, the work to be performed under the drawings and specifications, it shall be at liberty to do so and the same shall in no way affect or make void this agreement, but no such additions, alterations, deviations, or omissions shall be made except on Engineer's written request. Any such alterations, deviations, or omissions that decrease the cost of the work shall be evaluated on a lump-sum basis and this amount shall be deducted from the contract price.

Any such additions, alterations, or deviations that increase the cost of the work shall at City's option be evaluated (1) on a lump-sum basis, the amount thereof to be agreed on in writing before execution of the work, or (2) on the basis of actual necessary cost as defined in subdivision (d) of this Article 3, plus fifteen percent (15%). In either case, the amount thereof shall be added to the contract price. This agreement shall be held to be completed when the work is finished in accordance with the original drawings and specifications as amended by such changes whatever may be their nature or extent. (d) "Actual necessary cost" shall include all expenditures for materials, supplies, and labor (including foremen's wages) furnished by Contractor, additional cost to Contractor for insurance required because of authorized changes, and an allowance based on current market rental prices for the use of vehicles and equipment, not including small tools, concrete carts, and wheelbarrows. The "actual necessary cost" shall not include any allowance for Contractor's office expense, general superintendence, or other overhead or general expense. No payment at premium rates for overtime, Sunday, or holiday work shall be included in Contractor's bills to City, unless specifically authorized in advance in writing by City.

When Contractor performs work called for by authorized changes on a cost-plus basis as provided in this contract, Contractor shall promptly pay all bills for materials, supplies, and equipment required in connection with them, in order to secure all discount privileges allowed on them. All such bills duly receipted and reflecting all possible discounts for prompt payment of supplier's bills, and a certified copy of Contractor's payroll shall accompany the statement rendered by Contractor for such work. (e) The foregoing provisions of this Article 3 notwithstanding, if City authorizes overtime, Sunday, or holiday work in order to complete the entire work within a shorter time than that specified in Article 4, additional compensation to Contractor shall be limited to the premium portions of actual labor payments, plus applicable Social Security and other payroll taxes. Such compensation shall not include any allowance for profit, office expense, general superintendence, or other overhead or general expenses.

4. (a) Contractor agrees to commence the work on MONTH DD, YYYY and work shall be completed within DAYS (#) calendar days. The schedule provided with the bid documents is attached hereto and is considered preliminary. Contractor is responsible for updating the schedule during the course of work and/or as required by the City Engineer.

(b) Time during which the work is delayed by acts or neglect of City, its employees, or those under it by contract or otherwise, by acts of God that Contractor could not have reasonably foreseen and provided for, by inclement weather, or by failure to obtain the necessary materials, tools, implements, and appliances due to governmental acts, restrictions, or regulations, or by any civil disorders, labor disturbances, strikes, boycotts, lockouts, or similar obstructive action by any person or persons, shall be added to the aforesaid time for completion.

5. (a) City agrees, in consideration of the performance of this agreement by Contractor, to pay or cause to be paid to Contractor the lump sum of $AMOUNT OF CONTRACT subject to additions and deductions as provided in this agreement. This sum shall constitute payment in full for all costs incurred for Social Security, Unemployment, Sales, Use, and all other taxes. Payments shall be made on account at the times and in the manner following: Fifteen (15) working days following receipt and approval of the payment request and at the completion and acceptance of the work, or as soon thereafter as the necessary certificates can be obtained and voucher issued, an amount equal to ninety-five percent (95%) of the cost of the work performed during the previous month or portion thereof, estimated at the standard of the contract price. The balance of five percent (5%) of the contract price to be retained by City until thirty (30) days after completion and acceptance of the work as described in Article 3 of this agreement. As a condition precedent to Contractor's right to receive any payment under this contract, Contractor shall furnish City with a certificate from Engineer showing that the requirements for such payments have been met.
(b) If at any time during the progress of the work or before the final payment is made, any lien or claim of lien is filed, or notification to withhold money for labor or material furnished by Contractor under this agreement is served on City, City shall have the right to withhold from any payment due Contractor, an amount sufficient to discharge any or all such liens or claims. Release or receipted vouchers in settlement of these liens or claims satisfactory to City must be furnished to City by Contractor before the withheld money will be paid to Contractor, or if Contractor has not settled the liens or claims within a reasonable time, not to exceed thirty (30) days, from and after such lien or claim is made, City shall have the right, but shall not be obliged, to discharge any or all such liens or claims out of the withheld money. (c) All work described herein, must be completed no later than DAYS (#) working/calendar days, excluding State holidays, from MONTH DD, YYYY.

6. At such times as California Public Contracts Code Section 22300 is in effect Contractor shall be permitted to substitute securities to ensure performance under this contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay those moneys to Contractor. Upon satisfactory completion of this contract, the securities shall be returned to Contractor. Alternatively, Contractor may request, and City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor. At the expense of Contractor, Contractor may direct the investment of the payments into securities and Contractor shall receive the interest earned on the investments upon the terms provided for in California Public Contracts Code Section 22300 for securities deposited by Contractor. Upon satisfactory completion of this contract, Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from City pursuant to the terms of said Section 22300. Prime contractor shall pay to each subcontractor, not later than ten (10) days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of Contractor.

Securities eligible for investment shall include those listed in Section 16430 of the Government Code, 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 Contractor and City.

Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

7. Any dispute which arises respecting the meaning of the drawings or specifications or relating to quality or quantity of materials or workmanship (or pertaining to the work), shall be decided by Engineer and Engineer's decision shall be final and binding on both parties. If any dispute arises respecting the value of extra or omitted work, the dispute shall be determined by two appraisers, one selected by each of the parties to this agreement. In case these two appraisers cannot agree, they shall select a referee whose written decision and award, if agreed to by one of the two appraisers, shall be final and binding on the parties, and
the obtaining of any such decision and award shall be a condition precedent to the right of either of the parties to take any action based on the claim. Each of the parties shall bear the expense of the appraiser so appointed by the party and one-half (0.5) of the expense of the referee.

8. (a) All work that is unsatisfactory to Engineer or City shall be immediately taken down, removed, and replaced with work of a quality approved by City, without additional compensation to Contractor. Engineer and City shall give the right, on forty-eight (48) hours written notice, to remove or cause to be removed all unsatisfactory work or materials, and to have the work or material corrected or replaced as City may elect, and Contractor shall be obliged to pay to City all expenses so incurred. City shall have the right but shall not be obliged to satisfy this obligation, as far as is practicable, by deduction from future payments under this agreement. If the obligation is not so satisfied and Contractor fails to pay all unpaid amounts on City's demand, recourse may be made immediately to Contractor's bond. (b) Engineer and City shall exercise all reasonable care and diligence to discover any labor or materials that are not satisfactory to them, or either of them, or not in accordance with the drawings and specifications, and shall notify Contractor as the work progresses of the rejection of any such labor or materials in order to avoid unnecessary trouble and cost to Contractor in making good such defective labor or materials.

Failure, however, on the part of Engineer or City to report promptly any labor or materials that do not meet their approval or are not in accordance with the drawings or specifications shall not relieve Contractor of responsibility for any consequence of any unsatisfactory work or negligence of Contractor or Contractor's subordinates or subcontractors or the subordinates of such subcontractors in the prosecution of the work.

9. In accordance with California Labor Code Section 1775, Contractor shall, as a penalty to City, forfeit not more than Fifty Dollars ($50) for each working day, or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any public work done under this contract by him or her or, except as provided in subdivision (b) of Section 1775, by any subcontractor under him or her. The amount of this penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of Contractor in meeting his or her prevailing wage obligations, or the willful failure by Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if Contractor or subcontractor had knowledge of his or her obligations.

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 shall be paid to each worker by Contractor or subcontractor.

10. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the work to be done, for straight time work.

The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of worker concerned. Copies of the general Prevailing Wage Determination are on file in the office of City Engineer and are available to Contractor on request. Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by workers.

11. City will not recognize any claim for additional compensation because Contractor has paid any rate in excess of the prevailing wage rate obtained by City of Willits from the Department of Industrial Relations of the State of California. The possibility of wage increases is one of the elements to be considered by Contractor in determining Contractor's bid and will not in any circumstances be considered as the basis for a claim against City.

12. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code

13. Attention is directed to the provisions in Sections 1777.5 (Chapter 1441, Statues of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Administrator of Apprenticeship, San Francisco, California, or from the division of Apprenticeship Standards and its branch offices.

14. City will not in any manner be answerable or accountable for any loss or damage that may happen to the work, to any part of it, or for any of the materials or other things used and employed in finishing and completing it before its final completion by Contractor and acceptance by City.

15. Contractor guarantees that the work done under this agreement will be free from faulty materials or workmanship. On receiving notification from City, Contractor agrees to remedy, repair, or replace, immediately, without cost to City and to City's entire satisfaction, all defects, damages, or imperfections appearing in the work within a period of two (2) years after date of final completion and acceptance of the work done under this agreement. However, if the drawings or specifications provide for a guaranty or warranty of any materials or workmanship in excess of the two (2) year period, this guaranty or warranty shall be controlling as to the covered materials or workmanship. Payments to Contractor shall not relieve Contractor of these obligations.

16. City shall have the right to require Contractor to furnish such bond or bonds covering the faithful performance of all the terms, conditions, and provisions of this agreement and the payment of all obligations arising under this agreement in the form and amount as City may prescribe and with such sureties as it may approve. Such bonds shall be arranged for, and their premium paid by Contractor.

These bonds are referred to in this agreement as Contractor's bond.

17. Contractor shall indemnify and save harmless City and its agents and servants, and each of them, of and from:
(a) Any and all claims, demands, cause of action, damages, costs, expenses, losses, or liabilities, in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person, including Contractor, any subcontractor, or any employees of City, Contractor or subcontractor, and damage to or destruction of property of City, arising out of or in any manner directly or indirectly connected with the work to be performed under this agreement, however caused, except through the sole negligence or willful misconduct of City or its agents or servants or through the active negligence of City in any case where an agreement to indemnify would be invalid under subsection (b) of Section 2782 of the Civil Code; and
(b) Any and all penalties imposed on account of the violation of any law or regulation, compliance with which is left by this agreement to Contractor. Contractor (1) shall, at Contractor's own cost, expense, and risk, defend all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City, or its agents, or servants, or any two or more of them, on any such claim, demand, or cause of action of such third persons, or to enforce any such penalty; (2) shall pay and satisfy any judgment or decree that may be rendered against City or its agents or servants, or any two or more of them, in any such suit, action, or other legal proceedings; and (3) shall reimburse City and its agents and servants for any and all legal expenses incurred by each of them in connection therewith or in enforcing the indemnity granted in this Article 17.

18. (a)Before commencement of any work under this agreement, Contractor shall take out and thereafter during the life of this agreement maintain in full force and effect with a carrier or carriers selected by Contractor and satisfactory to City:
• Public liability and property damage insurance that shall protect Contractor against any liability that Contractor may incur (1) on account of bodily injuries to or the death of any person other than an employee of Contractor and consequential damages arising therefrom to the extent of not less than Two Million Dollars ($2,000,000) and on account of bodily injuries to or the death of more than one such person, subject to the same limit for each, and consequential damages arising therefrom, as a result of any one occurrence to the extent of not less than Two Million Dollars ($2,000,000) and
• (2) On account of damage to any property, other than City's property occupied or used by or in the care, custody, or control of Contractor, to the extent of not less than Two Million Dollars ($2,000,000) for each accident and Four Million Dollars ($4,000,000) aggregate. (b) Worker’s Compensation insurance covering Contractor's full liability for compensation to any person or persons who are or may be engaged in the execution of the work done under this agreement, and to the dependents of such person or persons, in compliance with all Worker's Compensation Insurance and Safety Laws of the State of California and amendments to them; and employer's liability insurance covering Contractor's liability to the extent of not less than One Million Dollars ($1,000,000) for damages on account of bodily injuries to or death of such person or persons. (c) The insurance described in (a) above shall also provide contractual liability coverage satisfactory to City with respect to liability assumed by Contractor under the indemnity provisions in Article 17 of this agreement. Contractor shall provide City with signed endorsements of insurance naming City as an additional insured and provide City with a thirty (30) day notice of. Written proof of compliance with these requirements shall be filed with and approved by City before commencement of work. Contractor shall insert a provision substantially similar to the requirements of this article in any subcontract covering any portion of the work and shall require the subcontractor to take out and maintain such insurance and to file proof of compliance as stated above.

19. Contractor shall pay all royalties and license fees that become payable by reason of Contractor's use of patented apparatus of appliances furnished by Contractor or Contractor's agents, servants workers, employees, or subcontractors, or persons employed by subcontractors or Contractor under this agreement in the performance of the work done under this agreement, and Contractor shall indemnify and save harmless City of and from any and all claims and demands that may be made against it by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by use of any apparatus or appliances, or portions thereof, or materials furnished or installed by Contractor (excepting materials, if any, furnished by City). Contractor shall, at Contractor's own cost, expense, and risk, defend any and all actions, suits or other legal proceedings that may be brought or instituted against City on any such claim or demand, and pay and satisfy any judgment or decree that may be rendered against City in any such action, suit, or other legal proceeding.

20. If Contractor at any time during the progress of the work refuses or neglects, without the fault of City or Engineer, to supply sufficient materials or workers to complete the work for a period of more than five (5) days after having been notified in writing by Engineer or City to furnish them, City shall have the power to furnish and provide such materials and workers as are necessary to finish the work, and the reasonable expense thereof shall be deducted from the amount of the contract price as determined by this agreement.

21. City shall have the right at any time, when in its opinion Contractor is not in good faith carrying out the terms of this agreement, by a written notice delivered to Contractor, to require Contractor to discontinue all work under this agreement, and Contractor shall then discontinue the work and City will have power to contract for completion of the work or to complete the work itself, and to charge the cost and expense to Contractor, and the expense so charged shall be deducted and paid by City out of money that either may be due or may at any time thereafter become due to Contractor under this agreement or any part of it. If such expense exceeds the sum that would have been payable under this agreement had Contractor completely performed the work, Contractor shall immediately pay the amount of the excess to City, failing which recourse may be made immediately to Contractor's bond. In case City required Contractor to discontinue work under this agreement, Contractor agrees to waive all claims against City for profits, loss, or damage on the uncompleted work.

22. City shall have the right at any time, when in its opinion it becomes necessary or expedient, to discontinue permanently the work being done under this agreement by sending a written notice to Contractor to do so, and Contractor shall then discontinue the work. However, in this event, City shall pay to Contractor the full amount to which Contractor shall be entitled for all work done and labor and materials furnished by Contractor under this agreement and to the satisfaction of Engineer and City up to the time of such discontinuance, the amount to be determined by City. In case City's decision is not satisfactory to Contractor, the amount thereof shall be determined by appraisers as provided in Article 7 of this agreement.

Contractor's receipt of City's written decision or the written decision and award of the appraisers, shall be a condition precedent to Contractor's right to take any action against City on a claim for such amount.

Contractor agrees to waive and hereby does waive all other claims against City for profits, loss, or damage because of such discontinuance.

23. Contractor hereby declares that it is engaged in an independent business and agrees to perform the work as an independent Contractor and not as the agent, employee, or servant of City. Contractor has and hereby retains the right to exercise full control and supervision of the work and full control over the employment, direction, compensation, and discharge of all persons assisting it in the work. Contractor agrees to be solely responsible for all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. Contractor agrees to be responsible for Contractor's own acts and those of Contractor's subordinates, employees, and subcontractors during the life of this agreement.

24. Contractor shall not assign this agreement or any interest in it or any money due or to become due under it voluntarily, involuntarily, or by operation of law without City's prior written consent. In the event of any such purported assignment without City's prior written consent, City shall have the right, in addition to all other rights provided by law, to terminate this agreement by giving written notice to Contractor. If this agreement is so terminated, City may contract for the completion of the work or complete the work itself. If the cost and expense of completing the work, when added to the sum of (1) the amounts previously paid Contractor under this agreement and (2) any amounts due but unpaid to Contractor at the time of such termination, exceed the contract price, City may deduct the amount of the excess from any such amounts then due Contractor. If the amount of such excess is larger than the amounts then due Contractor, Contractor shall immediately pay such excess or the balance thereof to City, failing which recourse may be immediately to Contractor's bond. If the agreement is so terminated, Contractor agrees to waive and hereby does waive all other claims against City for profits, loss, or damage because of such termination.

25. Time is of the essence of this agreement.

26. In the event either party institutes suit in court or an arbitration proceeding against the other in connection with any dispute or matter arising under this agreement, the prevailing party shall be entitled to recover from the other party its court or arbitration costs and its reasonable attorney’s fees.

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written.

CITY OF WILLITS CONTRACTOR
By: By: ____________________________________
Brian Bender, City Manager Signature
___________________________________
Printed Name
Contractor's License No.

License Expiration Date:

ATTESTED APPROVED AS TO FORM
By: ________________________________ By: __________________________________ Delores Pedersen, City Clerk H. James Lance, City Attorney Attachments:

Exhibit A Bidder’s Representation
Exhibit B Authority to Sign Bid Proposal
Exhibit C Statement of Experience of Bidder
Exhibit D Contractor’s Proposal and Schedule of Bid Prices/Detailed Schedule of Values Exhibit E Acknowledgement of Addenda
Exhibit F Signature Page from Each Addenda Issued During the Advertisement Period Exhibit G Bidder’s Surety Bond
Exhibit H Contractor License Information
Exhibit I Bidder’s List of Subcontractors
Exhibit J Workers Compensation Insurance Certification
Exhibit K Public Contract Code Section 10162 Questionnaire Exhibit L Public Contract Code Section 10232 Statement
Exhibit M Equal Employment Opportunity Certification
Exhibit N Noncollusion Affidavit
Exhibit O Debarment and Suspension Certification
Exhibit P Performance Bond
Exhibit Q Payment Bond
Exhibit R Insurance Certificates
Exhibit S Insurance Endorsements
Exhibit T Contractor’s Safety Plan
Exhibit U Water Pollution Control Plan (Bound Separate) Exhibit V Traffic Management/Control Plan
Exhibit W IRS W9 Reporting Form (Use most current version) Performance Bond:

KNOW ALL PERSONS BY THESE PRESENT: that
________________________________________________________________________ Name of Contractor
________________________________________________________________________ Address of Contractor
a ________________________________________________________, hereinafter called PRINCIPAL, Corporation, Partnership, or Individual
and_____________________________________________________________________ Name of Surety
________________________________________________________________________ Address of Surety
Hereinafter called SURETY, are held, and firmly bound unto ________________________________________________________________________ Name of City
________________________________________________________________________ Address of City
hereinafter called CITY in the total aggregate penal sum of XXXXXXXXXXXX ($XXXXX) the lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain CONTRACT with the CITY, dated the X day of MONTH YYYY, a copy of which is hereto attached and made a part hereof for the construction of:

FULL PROJECT NAME, Project No. 20XX-XX
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said CONTRACT during the original term thereof, and any extensions thereof which may be granted by the CITY with or without notice to the SURETY and during the two year guarantee period and if the PRINCIPAL shall fully indemnify and save harmless the CITY from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the CITY and outlay and expense which the CITY may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Should the PRINCIPAL fail to perform as above set forth, then SURETY agrees to and shall cause the obligations and duties of the PRINCIPAL, as set forth in the CONTRACT referred to herein, to be carried out in full.

PROVIDED, FURTHER, that the liability of the PRINCIPAL and SURETY hereunder to the CITY shall be subject to the same limitations and defenses as may be available to them against a claim hereunder by the CITY required by the CONTRACT.

PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT or to work to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the CONTRACT or to the work or to the SPECIFICATIONS.

PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without format and separate amendments hereto, upon amendment to the CONTRACT not increasing the Contract Price more than twenty percent (20%), so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the CONTRACT or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever.

PROVIDED, FURTHER, that no final settlement between the CITY and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The CITY is the only beneficiary hereunder.

IN WITNESS WHEREOF, this instrument is executed in counterparts, Number each one of which shall be deemed an original, this the day of 20___. __________________________________ _______________________________________________ Principal Signature Signature of Principal’s Administrator (Principal’s SEAL) By:

Written Name
________________________________________________
Signature of Witness to Principal Address
(Seal)
Surety
ATTEST:

Signature of Witness to Surety Signature of Attorney-in-fact Address Address
IMPORTANT: SURETY companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

Date of bond must not be prior to date of CONTRACT. If CONTRACTOR is partnership, all partners should execute bond.

Payment Bond:
(California Civil Code Section 3248)
KNOW ALL PERSONS BY THESE PRESENTS: that
__________________________________________________________________________________________ Name of Contractor
__________________________________________________________________________________________ Address of Contractor
a , hereinafter called PRINCIPAL and
Corporation, Partnership, or Individual
_________________________________________________________________________________________ Name of Surety
hereinafter called SURETY, are held and firmly bound unto

Name of City
Address of City
hereinafter called CITY, and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the CONTRACT and to their successors and assigns in the total aggregate penal sum XXXXXXXXXXXXX Dollars ($XXXX) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

FULL PROJECT NAME, Project No. 20XX-XX
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such CONTRACT, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and *coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and for all labor cost incurred in such work including that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State of Federal law, and pays all amounts due any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the unemployment Insurance Code with respect to work or labor performed under the CONTRACT, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the PRINCIPAL and SUBCONTRACTOR pursuant to Section 13020 of the Unemployment Insurance Code; then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, that beneficiaries or claimants hereunder shall be limited to the SUBCONTRACTORS, and persons, firms and corporations having a direct CONTRACT with the PRINCIPAL or its SUBCONTRACTORS.

PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT or to the work to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this CONTRACT or to the work or the SPECIFICATIONS.

PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct CONTRACT with the PRINCIPAL, shall have given Written Notice to any two of the following: The PRINCIPAL, the CITY, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, CITY, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer; (b) After the expiration of one (1) year following the date of which PRINCIPAL ceased work on said CONTRACT, is being understood, however, that if any limitation embodied in the bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

PROVIDED, FURTHER, that it is expressly agreed that this bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the CONTRACT not increasing the Contract Price more than twenty percent (20%) so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the bond and whether referring to this bond, the CONTRACT or the Loan Documents shall include any alteration, addition, extension or modification of any character whatsoever.

IN WITNESS WHEREOF, this instrument is executed in counterparts, Number
each one of which shall be deemed an original, this the day of , 20___. __________________________________ _______________________________________________ Principal Signature Signature of Principal’s Administrator (Principal’s SEAL) By:

Written Name of Above
________________________________________________
Signature of Witness to Principal Address
(Seal)
Surety
ATTEST:
_________________________________ _____________________________________ Signature of Witness to Surety Signature of Attorney-in-fact Address Address
IMPORTANT: SURETY companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

Date of bond must not be prior to date of CONTRACT.

If CONTRACTOR is partnership, all partners should execute bond.

Contractor’s Safety Plan:

The following is an example only and the contractor is responsible for obtaining/providing actual forms.

IRS W9 Reporting
Form:

Traffic Management
No example of the Traffic Management/Control Plan is available; however, attention is directed to Part 2, City of Willits Technical Specifications Section 3, Item #2: Traffic Management, of this Bid Book, for the full details of what is to be included in the plan. Contractor is responsible for understanding the requirements of the aforementioned section. The following is a brief overview.

Traffic Management/Control Plan - Prior to commencing construction which will affect existing traffic, the contractor shall submit for review by the City Engineer, a Traffic Management/Control Plan on an 11" x 17" sheet of paper which contains only information specifically related to work zone traffic control. If the Contractor proposes to use Manual of Traffic Controls Published by Caltrans in lieu of a traffic control plan, in specific work operations, he/she shall submit in writing for consideration which Standard Plan will be used for each work operation. A Traffic Management/Control Plan or proposal shall be submitted for review fourteen (14) calendar days after receiving the Written Notice of Award from the City Engineer.

The Traffic Management/Control Plan shall contain a title block which contains the Contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.

The content of the Traffic Management/Control Plan shall include, but is not limited to, the following:
a. Show location and limits of the work zone.
b. Give dimensions of lanes affected by traffic control that will be open to traffic. c. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard.
d. Dimension location of signs and cone tapers.
e. Identify side streets and driveways affected by construction and show how they will be handled.
f. Show how pedestrian traffic will be handled through the construction site. g. Demonstrate how two-way traffic will be maintained.

No work except for installation of project identification signs will be allowed to commence prior to approval of the Traffic Control Plan.

Water Pollution Control Plan
Contractors are directed to review the Technical Specifications, Section II, Item 3, for details on developing a Storm Water Pollution Prevention Plan.
59 Attachment F
INSURANCE NOTICE AND EXAMPLES:

The enclosed insurance examples are provided as reference only. If a particular example is not provided, all insurance requirements must still be met. The City will enforce the insurance as it is outlined in the contract and/or permit in which you are signing.

ALL POLICIES & DOCUMENTS:

1. The description sections of the documents state the following:
“The City of Willits, it’s elected, appointed officials, officers, agents, employees and volunteers, are covered as additional insured with the respect to the work for the "Project Name"

2. If any insurance documents indicate that the declarations are used to complete the documentation or policy requirement, the City will need to have the declaration on file as well.

All insurance policies must provide the following endorsement language:

GENERAL LIABILITY:

1. Each Occurrence must be $2mm

2. Aggregate limit must be twice this amount of the aggregate - $4mm. If you cannot provide the $4mm aggregate, you will be required to provide a “Per Project Endorsement”

3. If you have an excess policy which makes up the difference in your limit requirements, you must provide a “Schedule of Underlying Insurances” form, in order that the City can verify excess extensions

4. Additional Insured for Ongoing Operations & Completed Operations

5. Waiver of Subrogation

6. Primary and Non Contributory Conditions

7. Policy Declarations

8. Listing of Forms, Endorsements and Schedule Numbers
AUTOMOBILE LIABILITY:

1. Additional Insured

2. Waiver of Subrogation

3. Primary and Non Contributory Conditions

4. Combined Single Limit must be $2mm each accident

5. If you have an excess policy which makes up the difference in your limit requirements, you must provide a Schedule of “Underlying Insurances” form, in order that the City can verify excess extensions

6. Policy Declarations

7. Listing of Forms, Endorsements and Schedule Numbers
WORKERS’ COMPENSATION & EMPLOYER LIABILITY:

1. Workers’ Compensation limit must be statutory

2. Employers Liability must be $1mm

3. Additional Insured Endorsement required

4. Waiver of Subrogation Endorsement required
EXCESS LIABILITY:

1. Must apply to any policies deficient of the prescribed insurance limits

2. Must provide a Schedule of Underlying Insurances form to show which policies the coverage extends to.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Insurance Broker's Firm Name
Contractor's Name
Insurance Carrier's Firm Name
2,000,000
2,000,000
4,000,000
2,000,000
Amount of Policy
Amount of Policy
1,000,000
X
X
X
City of Willits
111 E. Commercial Street
Willits, CA 95490
Signature Required
Certificate of Insurance
If you secure an excess policy to account for your required limits, you will be required to provide a Schedule of Underlying Policies in order for the City to verify the extension of coverage.

ACORD 25 (2016/03)
Each Occurrence must be $2mm
Aggregate limit must be:

1. Twice the each occurrence limit OR

2. Must apply separate to each project and per project
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name & Description
OR
Encroachment Number (encroachment permit numbers are issued after the application is received. If you would like to reserve a number prior to applying for a permit in order for you to prepare your insurance for inclusion with your application, you must contact our office at (707) 459-4605. ** If your Broker lists endorsements in this section, they must be provided as stated here. ** A endorsement must be provided.

Completed Operations must be $2mm
General Liability Endorsement Examples
ADDITIONAL INSURED - ONGOING OPERATIONS: These endorsements exclude “completed operations”. You must also provide Completed Operations coverage.

Even though this is a blanket endorsement,
your broker must add your policy number
If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers”
General Liability Endorsement Examples Cont.

ADDITIONAL INSURED - COMPLETED OPERATIONS OPTIONS:

This endorsement also provides the
REQUIRED “Primary & Non Contributory”
language that is required; however, it is
only for ongoing operations. Primary and
non contributory language is also required
for completed operations
If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers” Project Name or Encroachment Permit Number Required
If no name is listed,
declarations are required.
“City of Willits, elected or appointed
officers, officials, employees, agents,
and volunteers”
Project Name or Encroachment
Permit Number Required
General Liability Endorsement Examples Cont.

WAIVER OF SUBROGATION: Includes Ongoing & Completed Operations If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers” Automobile Endorsement Example
Auto Endorsement: This endorsement provides for all required language, except for the Waiver of Subrogation. A Waiver of Subrogation is required. You may provide an equivalent endorsement; however, you will be held to all requirements.

Workers’ Compensation Example
State Fund Certificate:

Company Name
Address
City, State, Zip
Excess Liability Schedule of Underlying Policies
For any policy which is deficient in limits:

Resolution No. 2024-__ Page 1 January 24, 2024
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING ISSUANCE

OF A REQUEST FOR PROPOSAL FOR ENERGY SERVICES INCLUDING ON-SITE SOLAR PHOTOVOLTAIC SYSTEM DESIGN, ENGINEERING, AND BUILD. THE PROPOSED PROJECT CONSISTS OF A 38.0 KW SOLAR PHOTOVOLTAIC (PV) CARPORT SYSTEM(S) AT CITY HALL STAFF, AND A 821.1 KW GROUND-MOUNT AND CARPORT PV SYSTEMS AT THE SPORTS PARK. THE INTENT IS TO OFFSET ENERGY CONSUMPTION OF THE WASTEWATER TREATMENT PLANT, THE LIBRARY, MUSEUM, AND CITY HALL.

WHEREAS, the City Council of the City of Willits desires to complete the installation of turn-key solar installations to offset current energy consumption at city-owned properties as described in Goal #2 under Administration in the City Council’s adopted goals; and WHEREAS, the City of Willits desires to utilize funds within the Capital Improvement Plan that have been allocated for solar array installation to offset energy consumption of the Wastewater Treatment Plant; and
WHEREAS, the City Council of the City of Willits has determined that it is in the best interest of the City to solicit proposals from qualified firms to deliver a complete project, including a cost savings analysis, project development, design, engineering, and installation for solar systems as described in the Request for Proposal; and
WHEREAS, the City Council of the City of Willits has reviewed the Request for Proposal and determined that it is complete and accurate; and
WHEREAS, the City Council of the City of Willits desires to solicit proposals from qualified firms to deliver a complete project, including a cost savings analysis, project development, design, engineering, and installation for solar systems, in accordance with the Request for Proposal; and NOW, THEREFORE, the City Council of the City of Willits accepts the attached resolution as follows, authorizing the Request for Proposal for energy services including on-site solar photovoltaic system design, engineering, and:
1) Authorizes the City Manager to issue the Request for Proposal, increase appropriations by $50,000 for the current Fiscal Year, and to take all necessary steps to solicit proposals from qualified firms to provide services in accordance with the Request for Proposal; and
2) This Resolution shall take effect immediately upon its adoption.

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, 24th day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

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

DELORES PEDERSEN
City Clerk
Monthly Achievements & Activities
• As described in the November Report, staff sought out a consulting firm and received a bid to conduct an Airport Rental Study, create a Rules and Regulations Policy, and do an Assessment of our Airport. The estimated completion schedule is as follows: nine-weeks for the Rent Study; 6 to 9-months for Rules and Regulations; and 12-weeks for Airport Assessment. • Staff is examining the Airport budget and anticipates bringing the consultant’s proposal to the City Council for approval in February. Staff feels this is the appropriate measure to take due to the ongoing FAA Part 16 Compliant submissions by tenant, Paul Trexel. • The placement of Mr. Smith’s new hangar occupies a portion of an existing fire lane. Staff is coordinating with the Little Lakes Fire District to finalize the specifications to convert the existing, secondary access lane into the primary. The wet weather is delaying the fieldwork. • Until the completion of the fire lane, the Fire District can open the front gate with the fire access box. Staff installed the access box in November as a part of the new front gate and keypad.

Project Updates
• No items to report.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Fabricate and install the new gate keypads.

Airport December 2023 | Report
1 Monthly Achievements & Activities
• Issues four Building Permits.
• Opened nine Code Enforcement Cases.
• Closed twelve Code Enforcement Cases.
• Thirty-one active Code Enforcement Cases.

Project Updates
• Rail with Trail Project Update:
o Met with CPUC and Skunk Train to review trail crossing designs at street intersections. Skunk Train did not find an issue with designs and is expected to provide signature as necessary to submit CPUC Permit Application.
o Continuing to meet and provide additional information to the California Department of Fish and Wildlife, Regional Water Quality Control Board, and Army Corps of Engineers to obtain agency permits. Permits from ACOE and RWQCB expected to be issued in January and CDFW permit in February.
o Awarded a $3,813,000 grant from the State Coastal Conservancy (SCC) to support increased costs associated with construction of the Rail with Trail project. o Installed ground water wells (“piezometers”) at the skate park mitigation site. This is part of the Habitat Mitigation and Monitoring Plan (HMMP) that was developed to complete project mitigation requirements.
o Construction expected to begin in summer 2024 (pending obtainment of SCC grant). • General Plan Land Use Element Update and Sphere of Influence Amendment:
o Continuing to work on format changes to Admin Draft LUE Update. Upon completing format changes, the Public Draft LUE Update will be released for public review. o Completed grant reports and reimbursement requests.
o Working with consultants to complete Draft Environmental Impact Report (EIR) and release for public review.
o Final LUE update and EIR are anticipated for completion in April 2024. • Downtown Willits Highway Signage.
o Staff received an update from Caltrans staff that signs and materials were expected to be ordered in December and possibly installed in January. Staff will continue to seek status updates.

Staffing Items
• Entered into a contract with BPR consulting group to help the Building Division with building plan review services when needed. Prospective use of BPR services may include plan check of exceptionally large or specialized projects like a 60-unit residential project or hospital building.

Community Development December 2023 | Report
2 BPR is also available to support staff should the City experience a significant increase in building permit activity as well as support unanticipated staff absences.

Budget Status
• No items to report.

Focus for Next Month
• General Plan LUE Update and SOI Amendment:
o Complete LUE Public draft.
o Complete Public Draft Environmental Impact Report.
• Rail with Trail Project:
o Compete and submit work plan, Council approved resolution and other supporting documents to State Coastal Conservancy as required to complete executed grant agreement for $3,813,000.
o Hold further coordination meetings with CDFW and RWQCB towards the goal of obtaining agency permits.
o Begin monitoring of ground water wells for wetland mitigation work as required by State agencies. They will need to be monitored weekly for approximately 1.5 to two months. o GRTA License Agreement.
o Complete application to CPUC to approve trail public crossing designs. • Sidewalk Ordinance:
o Continue to work on developing the draft text.
• Clean California Grant:
o Work with Caltrans to complete an executed grant agreement. o Hold project kick-off meeting.
o Develop FAQ – partial purpose is to articulate differences as well as link to separate E.

Commercial St. Plan project.
• Downtown Willits Highway Signage:
o Continue to seek update from Caltrans and otherwise support installation of Downtown Willits highway directional signage for the benefit of the local economy.

Top 25 Sales Tax Remitters California sales tax cash receipts decreased by 1% from the same quarter last year. In this jurisdiction sales tax cash 101 TRAILER & RV receipts increased by 3.4% from the same quarter last year ARCO AM/PM MINI MARTS due to a increase of $1,378,000 in Taxable Sales.

BROWNS GAS
BURGER KING RESTAURANTS Cash Receipts Quarter Annual
CHEVRON SERVICE STATIONS Willits 3.4% -10.8%
DOLLAR TREE STORES Mendocino Countywide Pool -5.2% -2.0% EXXON SERVICE STATIONS Mendocino Countywide -6.4% -7.5% FLYERS ENERGY North Coast Region -4.6% -4.9%
GROCERY OUTLET Statewide -1.0% 2.4%
J. D. REDHOUSE & CO.

LES SCHWAB TIRE CENTERS Annualized Percent Change in Sales Tax Cash Receipts

LITTLE LAKE AUTO PARTS

MCDONALD'S RESTAURANTS

MENDO MILL & LUMBER

O'REILLY AUTO PARTS

REDWOOD COAST FUELS

RITE AID DRUG STORES

SAFEWAY SERVICE STATIONS

SAFEWAY STORES

SINCLAIR SERVICE STATIONS

SPARETIME SUPPLY

TACO BELL

VILLAGE LIQUOR & MARKET

VILLAGE MARKET LIQUOR & GAS

WILLITS POWER EQUIPMENT
Business Activity Quarter Annual Quarter Annual
General Retail -1.9% -18.0% -2.6% 1.3%
Food Products -0.4% -6.2% -2.0% 4.7%
Transportation -17.5% -9.2% -9.0% 0.6%
Construction -1.1% -1.4% -8.2% -1.5%
Business To Business 3.0% -72.5% -7.6% 1.3%
TOTAL LOCAL BUSINESS ACTIVITY -7.6% -14.5% -5.5% 1.6%
COUNTYWIDE POOL ACTIVITY 4.8% -5.9% 0.2% -0.6%
City of Willits
Willits California
Quarterly Report on Sales Tax and Business Activity
2nd Quarter 2023 in Review
-24.0%
-18.0%
-12.0%
-6.0%

0.0%

6.0%

12.0%

18.0%

24.0%

30.0%
Willits Mendocino Countywide Statewide

Page 13 of 39 ends

Willits
Annual Per Capita Sales Tax
Adjusted for Inflation
(Constant 2019 $)
City of Willits
News
• Economic Activity: Real Gross Domestic Product (GDP) increased at an annual rate of 2.6% in the second quarter of 2023. U.S. inflation decreased to 4.8% in June of 2023 compared to 9.1% the same month a year ago. California's headline inflation decreased to 3.1% year over year as of June of 2023, down from 8.3% in June of 2022. (DIR, BEA, BLS, August Finance Bulletin)
• Employment: The U.S. unemployment rate remained unchanged at 3.5% in July of 2023. California's unemployment rate increased to 4.9% in July of 2023, 0.5 percentage point higher than March of 2023 rate of

4.4%. (BLS, August Finance Bulletin)
• Personal Income: U.S. personal income increased by 5.5% for the second quarter of 2023, compared to same quarter previous year. Compensation of employees increased by 5.6% while personal current taxes decreased by 9.2% from the previous period, resulting in a net gain of 8.0% in disposable income. The increase of disposable income generated a 47.1% increase in US personal savings for the second quarter of 2023, compared to same quarter previous year. (BEA)
2019Q2 $297 2020Q2 $309 2021Q2 $349 2022Q2 $299 2023Q2 $256 $38 $49 $60 $48 $45
$2
$1
$1
$1 $1 $28
$27
$31
$20
$6
$23
$27
$31
$23
$22
$94 $83
$89
$95
$85
$62 $62
$65
$63
$58
$49 $60
$72
$49
$39
General Retail
Food Products
Transportation
Construction
Business To Business
Miscellaneous
County Pool
(Cash Basis)

Page 14 of 39 ends

NORTH COAST: Quarterly Comparison of 2022Q2 and 2023Q2 (April through June Sales) General Retail Food Products Transportation Construction Business To Business Miscellaneous Apr - Jun 2023
(2023Q2)
Apr - Jun 2022
(2022Q2) % Chg Gain Gain Decline Decline
LAKEPORT 1.4% 8.1% -15.5% -26.1% 7.5% -24.4% 285,315 297,554 -4.1% Food Markets Restaurants Auto Sales - New Service Stations FORT BRAGG -17.8% 8.0% -16.9% -1.3% -29.3% -44.1% 430,658 469,755 -8.3% Restaurants Food Markets Energy Sales Service Stations WILLITS -1.9% -0.4% -17.5% -1.1% 3.0% 88.2% 312,884 338,634 -7.6% Food Markets Florist/Nursery Service Stations Restaurants REDDING 4.4% -0.5% -9.1% 0.2% -13.4% -5.8% 6,491,027 6,713,853 -3.3% Department Stores Auto Sales - New Service Stations Energy Sales

LAKE COUNTY

MENDOCINO COUNTY

SHASTA COUNTY
Non-Confidential MuniServices / Avenu Insights & Analytics

Page 15 of 39 ends

LAST YEAR CASH RECEIVED > May-21 Aug-21 Nov-21 Feb-22 May-22 Aug-22 July-21 thru July-22 thru THIS YEAR CASH RECEIVED> May-22 Aug-22 Nov-22 Feb-23 May-23 Aug-23 Aug-22 Aug-23 $ Chg % Chg.

CALENDAR SALES QUARTER> 22Q1 22Q2 22Q3 22Q4 23Q1 23Q2 2022Q2 2023Q2 1 Mendocino County -3.7% -1.4% -6.4% -13.8% -5.4% -9.4% 8,494,344 7,760,485 (733,859) (8.6) 2 Ukiah -7.3% -16.1% -3.0% -9.7% -9.4% -5.0% 7,308,735 6,812,619 (496,116) (6.8) 3 Fort Bragg 1.3% -4.7% -1.8% -1.6% -1.0% -6.1% 2,100,885 2,043,336 (57,549) (2.7) 4 Willits -10.5% -25.0% -13.8% -23.7% -7.6% 3.4% 1,682,103 1,500,142 (181,960) -10.8 5 Point Arena 36.4% 4.2% 24.8% 1.1% -0.8% -4.4% 70,998 74,239 3,241 4.6 Shasta Co Total 9.3% -3.0% -2.7% -2.4% -9.3% -2.9% 42,648,078 40,838,399 (1,809,679) (4.2) Mendocino Co Total -5.1% -9.7% -5.3% -11.6% -6.6% -6.4% 19,657,065 18,190,820 (1,466,244) -7.5 Lake Co Total -10.6% -6.8% -9.0% 0.0% 12.3% -9.0% 8,240,927 8,031,140 (209,788) (2.5) South Coast 21.0% 5.6% 7.7% 2.5% 0.9% -0.6% 4,018,335,828 4,121,557,483 103,221,655 2.6 Inland Empire 19.1% 6.6% 8.2% 4.4% -1.3% -2.8% 1,191,980,431 1,216,270,196 24,289,765 2.0 Other Southern 26.1% -0.5% -2.0% 9.4% -4.6% 12.3% 39,788,754 41,333,557 1,544,803 3.9 Southern California 20.6% 5.8% 7.8% 3.0% 0.3% -1.0% 5,250,105,013 5,379,161,236 129,056,223 2.5 S.F. Bay Area 19.7% 5.5% 10.3% 3.7% 1.9% 0.0% 1,937,009,780 2,012,431,744 75,421,964 3.9 Central Valley 14.2% 3.6% 5.6% 5.5% -3.1% -1.9% 1,037,083,517 1,052,713,980 15,630,463 1.5 Sacramento Valley 15.9% 1.9% 5.5% 0.1% -3.9% -2.0% 697,673,105 697,188,386 -484,719 -0.1 Central Coast 20.5% 3.9% 8.4% 1.9% -4.0% 0.2% 211,114,894 214,644,766 3,529,872 1.7 Other Northern 5.6% -5.0% 1.1% 0.2% -3.0% -2.7% 88,525,589 87,608,646 -916,943 -1.0 North Coast 2.8% -5.4% -4.2% -4.7% -6.4% -4.6% 70,546,070 67,060,359 -3,485,711 -4.9 Northern California 17.0% 3.8% 7.7% 3.2% -0.9% -1.0% 4,041,952,955 4,131,647,881 89,694,926 2.2 MUNI/AVENU STATEWIDE 19.0% 4.9% 7.7% 3.1% -0.2% -1.0% 9,292,057,968 9,510,809,118 218,751,149 2.4 % CHANGE BY MONTH ENDED QUARTER MOST RECENT FOUR QUARTERS TOTAL Sales Tax Net Cash Receipts: Two Advances Plus Clean-Up Payment

WILLITS

Page 16 of 39 ends

1 Monthly Achievements & Activities
• Started FY 2021-22 Audit.
• Completed the Springbrook payroll Implementation.
• Completed 1099s for all vendors.
• Completed Annual Street Report.
• Started FY 2024-25 Budget process.
• Uploaded the FY 2023-24 Budget into Springbrook.
• Set up Department spreadsheets for Budget preparation.

Project Updates
• Budget:
o Began budget review with Departments.
o Finalizing salary model.
o Began setup of executive budgeting in Springbrook.
• Bank Reconciliation for FY 2021-22:
o Completed.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Fiscal Year 2021-22 Audit:
o Schedule of Expenditures and Federal Awards (SEFA) Testing for FYs 2020-21 Necessary for grant administration.
• Compose quarterly reports for budget process.

Finance December 2023 | Report
1 Monthly Achievements & Activities
December 2022 December 2023
• 911 Calls received 49 51
• Calls for service (CFS) 608 517
• Cases 87 49
• Arrests 54 21
• Citations 143 152
Project Updates
• Field Training Officer Gale, Officer Cary, and Officer Angell attended the 36-hour POST basic RADAR/LIDAR operator course and are now certified to use our newly acquired RADAR units for speed enforcement.
• Re-activated the Speed Awareness Trailer and deployed it to various locations throughout the month.

Staffing Items
• Hired Police Officer Trainee Alex Garza, who begins the basic Police Academy at the College of the Redwoods on January 6th.
• Hired Community Service Officer Chris Dendy, who begins January 2nd. He will be assigned to the Field Training program for the first several months. • The Department has an ongoing recruitment to fill vacancies for Dispatcher and Community Service Officer, as well as Police Officer and Police Sergeant. • Department staffing stands at about 50-percent of authorized strength; temporary augmentation to ensure we are providing around-the-clock coverage is still being provided via assistance with the Mendocino County Sheriff.

Budget Status
• No items to report.

Focus for Next Month
• Continue the Field Training program to certify Officer Jamie Cary for solo patrol. • Prepare for a compliance audit by the California Commission on Peace officer Standards and Training (POST).

Police Department December 2023 | Report
2 • Continue public education campaign regarding traffic safety, including: use of speed awareness trailer; social media posts; high visibility RADAR speed enforcement; pedestrian crosswalk sting operations; etc.
• Recruitment for vacancies in both sworn and non-sworn positions, including visiting the Santa Rosa Junior College Public Safety Training Center to participate in a recruiting event for unaffiliated basic Police Academy recruits.
1 Monthly Achievements & Activities
• Removed the lamp post decorations and City sponsored tree at Babcock Park. Several members of the public expressed appreciation for the efforts put forward by staff and the local organizations who made the 2023 Holidays more festive than ever. • Conducted seasonal pothole patching at various locations impacted by the winter storms. • Organized storm drain clearing, and debris removal. This has slowed now that most trees have lost their leaves for the season. Removed vegetation that has grown to block signs or compromise clearance at several intersections.
• Maintained parks, streets, and other facilities during the holidays and inclement weather. The restrooms at the parks were vandalized at both Snider Park and the Recreation Grove, but repairs have been completed and they are now open to the public. • Replaced multiple street name, traffic control, and regulatory signs this month. Many had become faded and difficult to read, damaged, or stolen. • Deployed and staged flood advisory and cautionary signs at key locations in preparation for the upcoming storm season. Staging them at the various predetermined locations allows staff to quickly deploy them when needed.
• Started planning for spring/summer improvements in the parks by identifying projects under the Clean California Grant and various others.

Project Updates
• Addressed minor compliance issues at the Yard per the insurance inspection conducted by the City’s provider. These include labeling of the shop exits, installing catch pans under fuel/oil containers, updating used oil disposal documentation procedures, and refreshing staff on hazardous materials handling site training.
• The Streets Division assisted with several service line repairs on the water system and sewer lateral repairs.
• Refurbishing the picnic tables at the Recreation Grove. • Creating additional office space in the modular building at the Yard. The larger space is to accommodate additional desks and provide more workstations. Creating additional storage space at City Hall to aid in facilitating events and store onsite maintenance equipment. • Purchased additional trash receptacles for the Sports Complex. Funded almost entirely by remnants of a grant account balance, the trash cans were placed on the older fields to help increase the usability of those facilities.

Staffing Items
• Various staff members took time off for the Holiday to refresh and spend time with their families.

Services & Facilities December 2023 | Report
2 Budget Status
• No items to report.

Focus for Next Month
• Asphalt repair at various locations.
• Continued monitoring and maintenance of storm drain system, wastewater collections system, and water distribution system, making repairs as needed. • Brushwork and debris removal on the Watershed Road. This is performed annually to limit the buildup of dry fuels that accumulate during the wet season and lead to potential fire threat in the summer months. Minor road maintenance also helps to prevent washouts and erosion. • Annual vehicle maintenance of fleet and equipment as needed. • Assessment and planning for contracted repair projects this spring on storm drains in various locations. Updating the CIP list to include these areas where fiscally possible. • Foreign Object Debris (FOD) removal and sweeping of the pavement surfaces at the Airport. • Finish the office remodel in the modular unit.
• Finish painting the picnic tables at Recreation Grove. • Finish installing street signs from this round of replacements. 1 Monthly Achievements & Activities
• Cleaned 1,054 lineal feet of sewer mainline.
• Repaired a section of Hawthorne Court sewer mainline. • Replaced sewer lateral on North Street including connection to the mainline. • Completed first round of toxicity testing for release requirements at Wastewater Treatment Plant (WWTP).
• VacCon vactor truck returned from Municipal Maintenance Equipment (MME) for inspection and maintenance.
• Completed one sewer lateral inspection for a home sale. • Fuller Electric replaced the power block and fuse block at the Northbrook Pump Station. • Replaced and relocated antenna for three million-gallon (3MG) tank communications. • Cleared overgrown brush around 3MG tank for better communications. • Ran small generator to power radios for communication between the pressure reducing vault and 3MG tank after power failure.
• Repaired a water leak on Baechtel Road.
• Replaced older locks at water distribution pump stations. • Cleaned and pressured washed yard and tool area at Surface Water Treatment Plant (SWTP). • Fort Bragg Electric wired the new variable frequency drive (VFD) to the #3 raw water replacement pump at SWTP.
• Repaired broken sodium hypochlorite feed line in pump box. • Removed brush and vegetation around SWTP and backwash room. • Installed new batteries at Morris and Centennial Reservoir weir flow gauging stations. • Repaired water service line on East Valley Street.

Project Updates
• Ongoing: Sewer lateral inspection program.
• Ongoing: Water meter replacement program.
• Ongoing: Grounds maintenance at Water/Wastewater facilities. • Reservoir Capacity: Morris 662-acre feet and Centennial 501-acre feet equates to 89-percent of full capacity (January 11th).
• Dec. 2023 Water Usage: SWTP: 16,965,027 MG. Dec. 2022: 15,788,229 MG.

GWTP: 0 MG. Dec. 2022: 1,670,000 MG.

Totals: 16,965,027 MG. Dec. 2022: 17,458,229 MG.

Utilities December 2023 | Report
2 • Non-Potable Water Usage [Truck Fill Station]: 5,500 K/Gals. Dec. 2022: 3,998 K/Gals. • Dec. 2023 Wastewater Treatment Plant Flows: 48,821,579 MG. • Received delivery of media for the Ground Water Treatment Plant (GWTP) pressure vessels. • Completed the raw water pump #3 installation in December. • Ordered replacement storm pump for WWTP Headworks estimated for delivery February 2nd. • Potable Divers Inc. completed water distribution tank cleaning.

Staffing Items
• No items to report.

Budget Status
• No items to report.

Focus for Next Month
• Wipf Construction anticipates starting the S. Main Street water mainline valve project during the second week of February. Tap Master expects to receive the valve by February 2nd. • Start annual water mainline distribution flushing and valve exercising program. • Schedule GWTP media removal and replacement with water surplus. • Install new fire hydrant check valve on Baechtel Road at Shell Lane.

Willits City CouncilJanuary 24, 2024

Willits City Council
January 24, 2024