Agenda — Willits City Council, May 22, 2024 (part 1 of 2)

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
MAY 22, 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 input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on the agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

Members of the public are asked to observe the rules of decorum. While the City Council welcomes public criticism of policies, procedures, programs, or services of the agency; behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and that includes, but is not limited to use of profanity, slurs, yelling from the audience, threatening remarks, physically threatening conduct, or physical or verbal displays of disrespect, will not be tolerated and the individual will be removed immediately.

3. PUBLIC MATTERS
a. Update from Third District County Supervisor John Haschak. b. Update from the Little Lake Fire District (written report).

4. ENACTMENT OF ORDINANCES
c. 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. May 8, 2024

6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Building Activity Report – April 2024.
b. Business License Activity Report – April 2024.

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

Willits City Council Agenda – May 8, 2024

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8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Adopt a Resolution Supporting the Willits Center for the Arts’ Application to the 2024 Arts in California Parks Planning and Development Grant Application. b. Delegation of Authority to File and make Decisions on Applications for Disability Retirement. c. Verbal Reports – No Action.
i. Master Tax Sharing Agreement.

9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Adopt a Resolution amending the City of Willits Conflict of Interest Code and rescind Resolution 2008-06.

Presenting staff member: Delores Pedersen, City Clerk.
b. Adopt a Resolution Authorizing a Contract Amendment to the LACO On-call Engineering Contract and the Supporting Budget Amendment of $200,000.

Presenting staff member: Walter Kolon, Services and Facilities Director. c. Discussion and Possible Action Including Approval of Resolution Adopting the Program Guidelines and Loan Program Application for the Owner-Occupied Housing Rehabilitation Loan Program and Authorizing the Community Development Department to Implement the Owner-Occupied Housing Rehabilitation Loan Program using Permanent Local Housing Allocation (PLHA) Funding to Help Preserve Housing Stock in the City of Willits.

Presenting staff member: Dusty Duley, Community Development Director. d. Adopt a Resolution Authorizing the Advertisement of the Steel Water Main Replacement Project with the Additive Alternate of Replacing Adjacent Sewer Mains for a Combined Project Cost of $1,227,955 (Project 2023-08).

Presenting staff member: Walter Kolon, Services and Facilities Director. e. Discussion to Revise Municipal Code Title 12, Chapter 12.16 Sidewalks, Curbs and GuttersConstruction and Repair**, to Add New Regulations for Sidewalk Repair or Replacement; Revising the Municipal Code to Include Chapter 12.17 Requiring Willits Property Owners to Inspect and Certify Sidewalks in the Public Right-of-Way at the Time of Property Transfer.

Presenting staff member: Contract Planner.

10. DEPARTMENT MONTHLY REPORTS – (presented at the second meeting of each month) 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 17th day of May 2024.

Delores Pedersen, City Clerk
Willits City Council Agenda – May 8, 2024

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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.

LittLe Lake
Fire PrOteCtiON DistriCt
74 E. Commercial St. Willits, California 95490
(707)459-6271
City Council Meeting Update May 13th, 2024
Fire Department Update
Calls to Service: April 54 Calls
Around the Firehouse
The poker fundraiser was a success raising $5,400.00. The annual BBQ fundraiser will be August 10th, 2024. The association is hoping to purchase turnouts with their donations which will run $1,000.00 - $5,000.00 a piece depending on equipment needed. The district is still waiting to hear about the AFG grant which will allow the purchase of 20 turnouts.

Training
As of April, the volunteers have completed a combined total of 418 hours of training for the current year. Most recently the drills consisted of wildland training and extrication. On April 20th the burn room was used for training out at station 54 on Baechtel. An over the embankment drill was offered on April 23rd and ICS 300 class will be offered the beginning of May. Staff is consistently training, many of the hours are on their own volunteer time.

Equipment
One of our duty rigs was recently hit by another driver so is out of commission. Our firefighter was not injured and we are currently looking for a replacement. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX

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WILLITS CITY COUNCIL

MINUTES
WEDNESDAY MAY 8, 2024
Mayor Rodriguez called a regular meeting of the City Council to order at 6:31 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.

Roll Call: Councilmembers Madge Strong, Larry Stranske, Greta Kanne, 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; Taylor Perry, City Planner; Chris Dewey, Interim Police Chief; and Delores Pedersen, City Clerk.

2. Public Communications
 None presented.

3. Public Matters
a. Introduction of Misty Johnson as the recently appointed Coordinator of the Chamber of Commerce.
 Lisa Kvasnicka, Willits Chamber of Commerce President introduced Misty Johnson the newly appointed Chamber Coordinator. Ms. Johnson provided some background information on herself and states that she is excited for the opportunity to serve the Willits Community. The Chamber of Commerce hours of operation at this time are currently Monday – Thursday 10:00 AM to 4:00 PM. With the tourist season starting the Chamber is looking to extend their hours.

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. April 24, 2024.

Public Comment: None presented.

Moved by Strong/Seconded by Gonzalez and carried unanimously to approve Consent Calendar item(s) (a).

6. Monthly Activity Reports
Willits City Council Minutes of May 8, 2024 Page 2 of 4 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 – No Action.
i. April 27th Clean Canvas Event Recap.

City Manager Bender provided an update of the Clean Canvas Event. The event was well attended and well received throughout the community. The weather was in our favor. Taylor Boudreaux, City Planner, added that the event was funded by the Clean California Grant, this will be an annual event and plans are already being made for 2025.

Walter Kolon, Services and Facilities Director provided an Update of the 2023 Pavement Preservation Project. Bouthillier Construction has been working well with the residents in the neighborhood of Boscabelle and S. Lenore. The project has had no major delays and is ahead of schedule. As of today, it is estimated that 75% of the concrete has been poured in the area for the sidewalk, ADA ramps and drainage.

There is approximately a three-week delay to start S. Lenore due to drainage issues.

Mr. Kolon reported that all of the roads and sidewalks should be done by the week after the 4th of July. It was reported that the roads will be open for use for the 4th of July festivities.

Public Comment: None presented.

9. Department Recommendations (Action Items)
a. Approval of an Agreement Between the State of California Department of General Services and the City of Willits to Allow the California Highway Patrol to use the Police Department’s Firearms Range Facility from July 1, 2024 to June 30, 2025.

Presenting staff member: Chris Dewey, Interim Chief of Police. PULLED b. Adopt a Resolution Authorizing Advertisement of the 2024 Pavement Preservation Project (Project #2024-01) with an Engineers Estimated Cost of $975,431.48 with $400,000 Expected to be Reimbursed to the City from State of California SB1 Funds.

Presenting staff member: Walter Kolon, Director of Services and Facilities.

Public Comment: None presented.

Moved by Gonzalez/Seconded by Kanne and carried unanimously to adopt Resolution No. 2024-16 authorizing advertisement of the 2024 Pavement Preservation Project, Project No. 2024-01, with an engineers estimated cost of $975,431.48, with $400,000 expected to be reimbursed to the City from State of California SB1 funds. c. Adopt a Resolution calling for the holding of a General Municipal Election to be held on November 5, 2024, and consolidate and request the County Clerk to conduct said election with the statewide General Election.

Presenting staff member: Delores Pedersen, City Clerk.

Public Comment: None presented.

Moved by Kanne/Seconded by Strong and carried unanimously to adopt Resolution No. 2024-17 calling for the holding of a General Municipal Election November 5, 2024, for the Willits City Council Minutes of May 8, 2024 Page 3 of 4 election of city council candidates; to consolidate said election with the Statewide General Election held on the same date pursuant to Elections Code §10403; and requesting the Board of Supervisors of the County of Mendocino to request the County Clerk to conduct the Municipal Election of the City of Willits on Tuesday, November 5th, pursuant to Elections Code §10002.

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 Kanne
 Mendocino Council of Governments (MCOG) – Held a Budget workshop, reviewed the budget and it should be brought back to board at their next meeting for adoption.

The Board approved the Fiscal Year 24/25 overall work projects.  Mendocino County Museum – The Museum Advisory board is drafting a letter to the Mendocino County Board of Supervisor thanking them for productive discussion at the Board of Supervisors meeting on May 7, 2024. The letter will also be a request to work with museum staff to format a press release sharing with the public the goals.

Received a report that the endowment fund has earned $75K in interest.

Councilmember Strong
 Economic Development & Financing Corporation (EDFC)- Meeting May 23rd.  Mendocino Solid Waste Management Authority (MSWMA)- May 30th special Meeting 9 am.
 Sonoma Clean Power – Was not able to attend the meeting in April but reports that Sonoma Clean Power has been successful in keeping their rates below PG&E rates.

Next meeting is May 16, 2024.

Councilmember Gonzalez
 League of California Cities/Redwood Empire Division – o Attended the meeting in Rio Dell. There was a presentation by a Community Non-Governmental Organization (NGO) on long term earthquake recovery program.
o Toured a Marijuana Grow in the City of Rio Dell.
o Received an update of retail theft legislation. AB1772, the League will send out an action alert asking cities for support.
 Water/Wastewater Committee –
o Enterprise fund balances: Wastewater $7,000,000 and Water $5,000,000. o Update on the flushing of water lines, streets left to flush are Main St., California St., Humboldt, and the west side of town from E. Commercial St to Hwy 20. o No updates on Pine Mountain, Sherwood Valley, or Little Lake Mobile Home Park water assistance Memorandum of Understandings (MOUs). o Sam Pope Engineering is currently reviewing the Underground Utilities Project Plans and Specifications, plans to bring the project to Council on May 22nd for consideration.
o Ground Water Treatment Plant Steel Tank final inspection is on Friday, May 10th.
 Local Agency Formation Commission (LAFCo) –
o Fiscal Year 2023/2024 Preliminary Budgeting was addressed during Public Hearing Items.
o Discussed Pacific Reefs Water District Municipal Service Review and Sphere of Influence Study.

Willits City Council Minutes of May 8, 2024 Page 4 of 4 Mayor Rodriguez
 Mendocino Transit Authority (MTA)-
o Needs to cut $1 million from budget do to tax declines being received because of more electric vehicles being used and less fuel being purchased. It is not expected to get better next year. The only solution that MTA could come up with to cut the $1 million is to not purchase more electric buses, which is a requirement set forth by the state. Mayor Rodriguez is unsure how MTA is going to be able to continue to provide services. Councilmember Kanne added that Transit agencies are all experiencing this issue, not only do to the less gas tax but also the lack of ridership and the fees they would pay to ride. MCOG is realizing that the SB 125 Funds (Transit Program) that is infusing over $11 million into Mendocino County, part of these finds will be in the MCOG budget and some of these funds will be transferred to MTA.
 Mayor Rodriguez reported that the Museum is distributing to different businesses throughout town to display, the Story Boards, Main Street then and Now, from the Visit Willits Tourism Board.

Public Comment: None presented.

No action taken.

12. Good & Welfare
 Councilmember Strong – May 14 the college coral class concert at High School auditorium. May 15th at the redwoods in City Park to learn a few songs then will walk down Main Street to sing songs they have learned.
 City Manager Bender – Announced that PG&E has canceled their power outage event originally scheduled for this weekend.

13. Closed Session Notice
None presented.

14. Adjournment
Mayor Rodriguez declared the meeting adjourned at 7:24 p.m. _____________________________
SAPRINA RODRIGUEZ, Mayor
City Council for the City of Willits
ATTEST:
__________________________

DELORES PEDERSEN
City Clerk
Permit Summary Report (Total Fees Paid)
Current
Month
April 2024
Month Last
Year
April 2023
Current Yr-ToDate
7/1/2023 -
4/30/2024
Last Yr-ToDate
7/1/2022 -
4/30/2023
Building
Count 1 4 43 48
Total Fees $0.00 $1,671.43 $15,403.96 $84,157.83
Fees Paid $0.00 $1,671.43 $15,403.96 $84,157.83
Total Valuation 5,000.00 65,000.00 788,275.35 7,084,905.79 Total Square Feet 0 0 11,806 8,052
Administrative $0.00 $515.48 $5,455.76 $22,795.32
BSF $0.00 $5.00 $43.00 $307.00
Building Department (OTC Permit
Fees) $0.00 $0.00 $689.00 $270.00
Building Department (Permit Fees) $0.00 $1,044.30 $8,257.97 $45,702.37 Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 GPM $0.00 $91.00 $827.23 $9,877.61
SMIP Commercial $0.00 $13.44 $97.87 $1,499.11
SMIP Residential $0.00 $2.21 $33.13 $222.82
Demolition
Count 2 0 8 3
Total Fees $239.20 $0.00 $2,153.63 $1,205.98
Fees Paid $239.20 $0.00 $2,153.63 $1,205.98
Total Valuation 11,000.00 0.00 82,700.00 101,700.00
Total Square Feet 1,200 0 6,085 0
Administrative $0.00 $0.00 $614.56 $0.00
BSF $2.00 $0.00 $10.00 $1.00
Building Department (OTC Permit
Fees) $0.00 $0.00 $0.00 $0.00
Building Department (Permit Fees) $220.00 $0.00 $1,391.72 $1,062.10 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $15.40 $0.00 $115.78 $142.38
SMIP Commercial $0.00 $0.00 $18.12 $0.00
SMIP Residential $1.80 $0.00 $3.45 $0.50
Electrical
Count 0 2 14 21
Total Fees $0.00 $224.80 $2,680.83 $3,315.42
Fees Paid $0.00 $224.80 $2,680.83 $3,315.42
Total Valuation 0.00 4,145.00 156,599.00 106,933.66
Total Square Feet 0 0 0 0
Administrative $0.00 $0.00 $493.78 $315.51
BSF $0.00 $2.00 $17.00 $21.00
Building Department (OTC Permit
Fees) $0.00 $216.00 $1,376.00 $1,932.00
Building Department (Permit Fees) $0.00 $0.00 $546.25 $869.02 6a
Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $5.80 $219.24 $149.71
SMIP Commercial $0.00 $0.00 $11.56 $20.56
SMIP Residential $0.00 $1.00 $17.00 $7.62
Grading
Count0010
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 8,000.00 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
Count01 168
Total Fees $0.00 $166.61 $1,874.31 $1,036.79
Fees Paid $0.00 $166.61 $1,874.31 $1,036.79
Total Valuation 0.00 37,000.00 140,220.00 107,054.90
Total Square Feet00 1,0000
Administrative $0.00 $0.00 $0.00 $0.00
BSF $0.00 $2.00 $15.00 $9.00
Building Department (OTC Permit
Fees) $0.00 $108.00 $1,647.00 $864.00
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 $51.80 $192.29 $149.88
SMIP Commercial $0.00 $0.00 $3.35 $0.00
SMIP Residential $0.00 $4.81 $16.67 $13.91
Plumbing
Count1163
Total Fees $41.65 $167.58 $746.61 $337.20
Fees Paid $41.65 $167.58 $746.61 $337.20
Total Valuation 1,000.00 4,000.00 29,700.00 7,300.00
Total Square Feet0000
Administrative $0.00 $63.21 $193.73 $63.21
BSF $1.00 $1.00 $6.00 $3.00
Building Department (OTC Permit
Fees) $0.00 $0.00 $162.00 $162.00
Building Department (Permit Fees) $38.75 $97.25 $336.80 $97.25 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $1.40 $5.60 $41.58 $10.22
SMIP Commercial $0.50 $0.00 $3.52 $0.00
SMIP Residential $0.00 $0.52 $2.98 $1.52
Re-Roof
Count53 36 28
Total Fees $575.74 $442.00 $3,385.92 $3,014.36
Fees Paid $575.74 $442.00 $3,385.92 $3,014.36
Total Valuation 90,965.00 103,890.00 416,019.00 426,108.00 Total Square Feet 7,700 1,800 19,500 19,369
Administrative $0.00 $0.00 $81.00 $0.00
BSF $5.00 $5.00 $37.00 $32.00
Building Department (OTC Permit $432.00 $270.00 $2,633.00 $2,349.00 Fees)
Building Department (Permit Fees) $0.00 $0.00 $0.00 $0.00 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $121.05 $142.67 $564.92 $568.19
SMIP Commercial $12.04 $20.69 $32.29 $30.71
SMIP Residential $5.65 $3.64 $37.71 $34.46
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
Count058 31
Total Fees $0.00 $2,732.97 $3,228.74 $17,620.19
Fees Paid $0.00 $2,732.97 $3,228.74 $17,620.19
Total Valuation 0.00 102,555.00 267,728.31 755,685.58
Total Square Feet0000
Administrative $0.00 $399.07 $100.00 $2,147.06
BSF $0.00 $6.00 $9.00 $42.00
Building Department (OTC Permit
Fees) $0.00 $1,550.00 $2,938.08 $11,350.00
Building Department (Permit Fees) $0.00 $613.95 $0.00 $2,915.70 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $0.00 $143.58 $166.22 $1,030.46
SMIP Commercial $0.00 $13.16 $0.00 $73.36
SMIP Residential $0.00 $7.21 $15.44 $61.61
Total Count9 16 132 142
Total Fees $856.59 $5,405.39 $29,474.00 $110,687.77
Total Fees Paid $856.59 $5,405.39 $29,474.00 $110,687.77 Total Valuation 107,965.00 316,590.00 1,889,241.66 8,589,687.93 Total Square Feet 8,900 1,800 38,391 27,421
Total Administrative $0.00 $977.76 $6,938.83 $25,321.10 Total BSF $8.00 $21.00 $137.00 $415.00
Total Building Department (OTC Permit
Fees) $432.00 $2,144.00 $9,445.08 $16,927.00
Total Building Department (Permit
Fees) $258.75 $1,755.50 $10,532.74 $50,646.44
Total Building Miscellaneous Fees $0.00 $0.00 $0.00 $3,483.60 Total GPM $137.85 $440.45 $2,127.26 $11,928.45
Total SMIP Commercial $12.54 $47.29 $166.71 $1,623.74
Total SMIP Residential $7.45 $19.39 $126.38 $342.44
BL# Business Name Name Address Date Issued Type of Bussiness 7262 Willits Guns and Ammo David Goodman & James Painter 90 South St Willits, CA 95490 4/3/2024 Firearms & Ammunition Sales
New Business License - April 2024
6b
Item No. 8a
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: ADOPT A RESOLUTION SUPPORTING THE WILLITS CENTER FOR THE ARTS’ APPLICATION TO THE 2024 ARTS IN CALIFORNIA PARKS PLANNING AND DEVELOPMENT GRANT APPLICATION.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes Summary of Request: The Willits Center for the Arts seeks support for their effort to obtain financial assistance from California State Parks through the agency’s Arts in California Parks grant program. The Arts Center intends to use grant monies to organize activities/events over the span of two consecutive years starting in October.

The first year contains the following:
 Organize a planning committee including collaborators representing Willits Center of the Arts, City of Willits, Local Native American community, Hispanic Community, Educators, Youth, and local artists to develop and plan a series of art presentations, displays, demonstrations, and interactive activities in Willits City Parks for implementation beginning in October 2025,  Develop inter-agency agreements as needed for project implementation,  Hold monthly planning meetings from October through June of 2024 to develop schedule, organize activities and procure presenters,
 Create and share a list of local artists and cultural presenters,  Determine needs and procure necessary supplies and temporary installations in order to implement activities as planned, and
 Develop and submit 2026 Arts in California Parks-Local Parks Grant Implementation Grant Proposal for the 2026 cycle to begin in October 2025.

The second year contains the following:
 Hold a series of free art events, presentations, displays, and interactive activities taking place in Willits City Parks,
 Encourage participation of all parts of our diverse local population and promote cultural sharing and appreciation,
 Provide local artists with exposure and a venue to expand their career pathways, and  Elevate by infusing resources into projects and programs that engage communities through creative expression, promoting social cohesion, delight, and connection to the land.

The Arts Center aims to achieve the following with their program:
 Reflect and better connect the public with the cultural heritage of the regions,  Increase investments and art experiences in often overlooked communities, artists, and local parks,  Drive authentic community engagement and thoughtful art program design,  Support a diverse set of art mediums to enhance experiences for all park visitors, and  Bridge local and state parks’ Arts in California Parks programs for greater community impact.

Recommended Action: To adopt the accompanying Resolution demonstrating the support by the City Council for the grant application submission by the Willits Center for the Arts.

Alternative(s): None.

Fiscal Impact: The Willits Center for the Arts is preparing the grant application and will assume all administrative tasks. The Center is not seeking any financial assistance from the City.

Personnel Impact: Community Development and Services & Facilities will provide coordination assistance after the grant award.
2021 Adopted Goals: This item satisfies Policy #3.2 (Work with partners to promote program focused on bringing visitors to the City), under Goal #3 for Community Development…Develop and implement economic development strategies for the City of Willits that will promote the development and maintenance of strong business sector including business retention and attraction, tourism, marketing and revenue generation.

California Environmental Quality Act: Not applicable.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS SUPPORTING THE WILLITS CENTER FOR THE ARTS’ APPLICATION TO THE 2024 ARTS IN CALIFORNIA PARKS PLANNING AND DEVELOPMENT GRANT APPLICATION.

WHEREAS, the Willits Center for the Arts has the authority and are eligible to prepare and submit application to Parks California through the agency’s Arts in California Parks (Planning & Development) to obtain financial assistance to compose a plan to introduce artistic and/or cultural features to a local park; and
WHEREAS, the Arts in California Parks, Local Parks Grant Program (Planning & Development) requires partnerships between nonprofit(s), artist(s), foundations, land trusts, and/or local governments; and
WHEREAS, the City of Willits maintains parks and facilities for the use and enjoyment for all community members; and
WHEREAS, the City Council for Willits desires to support the efforts of the Willits Center for the Arts in their quest to promote artistic and/or cultural endeavors for the community; and WHEREAS, the Willits Center for the Arts wants to partner with the City of Willits as a means to develop an interactive program for City Parks that accommodates various events over the span of two years; and
WHEREAS, the Willits Center for the Arts is exploring a program that is free and all inclusive, encourages art awareness, and cultural diversity; and WHEREAS, the Willits Center for the Arts accepts all responsibility to manage costs associated with preparing the application and solely seeks the support from the City Council through this Resolution; and
NOW, THEREFORE, the City Council of the City of Willits enthusiastically demonstrates their support for the grant application prepared by the Willits Center for the Arts to obtain financial assistance to compose a plan for interactive artistic and/or cultural events at City Parks.

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 22nd day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

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

DELORES PEDERSEN, City Clerk
Item No. 8b
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: DELEGATION OF AUTHORITY TO FILE AND MAKE DECISIONS ON APPLICATIONS FOR DISABILITY RETIREMENT.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 min.

Summary of Request: Adopt the accompanying Resolution delegating authority to the City Manager of the City of Willits (“City”) to make and certify determinations to the California Public Employees’ Retirement System (“CalPERS”) regarding whether local safety members are eligible to retire for disability and whether such retirements are industrial in nature, and to file applications for disability retirement on behalf of all members.

Under the Public Employees’ Retirement Law (“PERL”) local safety members may be eligible to disability retire through CalPERS if they are substantially incapacitated from performing their usual job duties.

With respect to local safety members, when an application for disability retirement is filed by or on behalf of a local safety member, CalPERS requests that the City make the initial determination regarding whether an employee is substantially incapacitated from performing his or her usual duties and whether the incapacitation is industrial in nature. The City must certify its decision to CalPERS. The local safety member may appeal the decision and receive an administrative hearing.

Under the PERL, the City Council makes the initial decision. However, the PERL allows the City Council to delegate the decision to a subordinate officer. The subordinate officer may also be delegated authority to make any arrangements necessary to provide for an appeal if the local safety member appeals the City’s decision on an application for disability retirement. The City’s labor attorneys made the recommendation to delegate the authority to the City Manager. For the Council’s knowledge, the determination by the City Manager of an employee’s disability will occur outside of an open and public Council meeting.

Staff recommends that the City Council delegate authority to the City Manager to make the determination regarding whether a local safety member is eligible to retire for disability and to make necessary arrangements for any appeals of the City’s decision. The Resolution will also allow the City Manager to file applications for disability retirement on behalf of all employees.

Recommended Action: Adopt the accompanying thereby delegating authority to the City Manager to file and make decisions on applications for disability retirement.

Alternative(s): None.

Fiscal Impact: There is no fiscal impact associated with this item.

Personnel Impact: Not applicable.
2021 Adopted Goals: Not applicable.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO DELEGATE THE

AUTHORITY TO FILE AND MAKE DECISIONS ON APPLICATIONS FOR DISABILITY RETIREMENT.

WHEREAS, the City of Willits is a contracting agency of the California Public Employees’ Retirement System; and
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he or she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law; and WHEREAS, the City Council of the City of Willits has determined upon legal advice that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent in the position of City Manager; and
NOW BE IT RESOLVED, that the City Council of the City of Willits delegates and it does hereby delegate to the incumbent in the position of City Manager to make applications on behalf of the City of Willits pursuant to Government Code section 21152(c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability; and
BE IT FURTHER RESOLVED, that the City Council of the City of Willits delegates and it does hereby delegate to the incumbent in the position of City Manager authority to make determinations of disability on behalf of the City of Willits under Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System; and BE IT FURTHER RESOLVED, that in the event that any local safety member appeals the decision of the City Manager regarding his or her incapacitation from the performance of his or her duties pursuant to the Public Employees’ Retirement Law, the City Manager is authorized and empowered to make such arrangements to have the appeal heard pursuant to the laws governing California Public Employees’ Retirement System retirements, including, but not limited to, entering into an agreement with the Officer of Administrative Hearings for the provision of a hearing before an administrative law judge.

AYES:

NOES:

ABSENT:

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

DELORES PEDERSEN, City Clerk
Item No. 9a
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Delores Pedersen, City Clerk
Agenda Title: ADOPT A RESOLUTION AMENDING THE CITY OF WILLITS CONFLICT OF INTEREST CODE AND RESCIND RESOLUTION 2008-06.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 10 minutes
Summary of Request: The Political Reform Act requires every local government agency to review its Conflict-of-Interest Code biennially to determine its accuracy or, alternatively, that the code must be amended. Positions that made or participate in making governmental decisions that could affect their private financial interests need to be designated in the City’s Code.

Positions that have been added, eliminated, or modified since the last review:

Positions Added: Positions Eliminated:

Accountant Building Inspector
Assistant City Manager Public Works Director
Building Official City Engineer
Code Compliance Officer Utilities Director
Human Resource Manager Public Works Superintendent
Planner (All) City Airport Commissioners
Senior Accountant Code Enforcement Officer
Services & Facilities Director City Cultural Art Commissioners Streets Superintendent
Utilities Superintendent
The City Manager, City Attorney, City Council, Planning Commission, and the Finance Director are designated in Government Code Section 87200, and as such, are not included in the City’s List of designated positions. The Fair Political Practices Commission (FPPC) retains the original forms for these positions.

Attachments:

Exhibit A - Conflict of Interest Code Reflecting 2024 Proposed Changes.

Exhibit B – Disclosure Categories.
2024 Conflict of Interest Code/Biennial Notice Instructions for Local Agencies. 2024 Local Agency Biennial Notice.

Recommended Action: Authorize the City Clerk to amend the City of Willits Conflict of Interest Code and rescind Resolution 2008-06.

Alternative(s): None.

Fiscal Impact: There is no fiscal impact associated with this action.

Personnel Impact: The City Clerk will prepare and file the updated Conflict of Interest Code. 2021 Adopted Goals: The Goals do not cover this topic.

California Environmental Quality Act: Not applicable.

DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
Accountant 5 & 6
Assistant City Manager 1 & 2
Building Inspector 1 & 2
Building Official 1 & 2
Chief of Police All
Community Development Director 1 & 2
City Engineer (Contract) 2, 3, 6, 7
Code Enforcement Officer 6 & 7
Code Compliance Officer 6 & 7
City Clerk 1 & 2
Human Resource Manager 6
Planners (All) 2, 3, 6, 7
Public Works Director 1 & 2
Public Works Superintendent 1 & 2
Senior Accountant 5
Services & Facilities Director 1 & 2
Streets Superintendent 1 & 2
Utilities Superintendent 1 & 2
NOTE: The City Council, Planning Commission, City Manager, Finance Director, City Attorney and other designated personnel are required to submit disclosure statements pursuant to State law (California Government Code §87200 et seq.).

With respect to consultants, the City Manager shall determine if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant’s duties and statement of the extent of disclosure requirements. A copy of this determination shall be filed with the City Clerk.

EXHIBIT “B”

DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to all of the disclosure categories listed below that identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property to which their position has been assigned.

Category 1: All investments and business positions in business entities, and sources of income, that are located in, do business in or own real property within the jurisdiction of the City.

Category 2: All investments in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.

Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sales of real property within the jurisdiction of the City.

Category 4: All investments and business positions in, and sources of income from business entities that are banking, savings and loan, or other financial institutions.

Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of any type purchased or leased by the Designated Employee’s Department.

Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department.

NOTE: The City Council, Planning Commission, City Manager, Finance Director, City Attorney and other designated personnel are required to submit disclosure statements pursuant to State law (California Government Code §87200 et seq.).

FAIR POLITICAL PRACTICES COMMISSION
2024 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 2024: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 1, 2024: The biennial notice must be filed with the agency’s code reviewing body.

The FPPC has prepared a 2024 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website. www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

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2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Resolution No. 2024-__ Page 1 of 1 May 22, 2024
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ADOPTING A NEW CONFLICT OF INTEREST CODE AND RESCIND RESOLUTION 2008-06.

WHEREAS, the Political Reform Act of 1974 requires periodic review and update of the City’s Conflict of Interest Code; and
WHEREAS, the City Council previously adopted Resolution 2008-06 revising the List of Designated Positions of the Conflict-of-Interest Code as required in the model Conflict of Interest Code set forth in Section 18730 of the California Code of Regulations; and WHEREAS, the City Council desires to revise the List of Designated Positions and Disclosure Categories; and
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby find, determine, and declare as follows:

1. Resolution Number 2008-06 is hereby rescinded.

2. The Political Reform Act, Government Code Section 810000, et seq., requires State and Local Government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730m which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix “A” in which public officials and employees are designated and Appendix “B” in which disclosure categories are set forth, constitute the Conflict-of-Interest Code of the City of Willits, which is considered the “agency” within the purview of this code.

3. Designated employees shall file their statements with the City Clerk, who shall be and perform the duties of filing officer for the City of Willits. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008.

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 22nd day of May, 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: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon, Services and Facilities Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT TO THE LACO ON CALL ENGINEERING CONTRACT AND THE SUPPORTING BUDGET AMENDMENT OF $200,000.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 min.

Summary of Request: The City Council at their August 11, 2021, meeting, approved five professional services contracts for on-call engineering services for a cumulative total of $900,000 over a three-year term. Staff effectively used the five firms to assist with various projects over the last three-plus years especially as the City incurred staffing changes, Departmental reorganizations, and increased project load during those years. Now need to amend the professional services contract with LACO Associates for oncall engineering services to continue providing the level of assistance required to complete 12 task orders and City Engineers services. The original $400,000 contract with LACO Associates is currently at $565,685.00, an additional $165,685 is requested to cover current invoices and $34,315 needed to complete projects through end of their contract in August 2024 for a budget amendment total of $200,000.

Recommended Action: Approve Amendment #1 to the LACO contract and authorize the supporting budgetary adjustment of $200,000.

Alternative(s): None.

Fiscal Impact: To sustain Amendment #1, the Finance Department intends to apply savings from budgeted but vacated positions towards the budget amendment. These savings are approximately $184,000. To achieve the necessary $200,000, the Finance Department recommends using $16,000 from enterprise fund balances.

Personnel Impact: N/A
2021 Adopted Goals: This item meets Goal #1 for Services & Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities, and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: Not applicable.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS TO APPROVE AMENDMENT #1 TO THE ON-CALL ENGINEERING SERVICES CONTRACT WITH LACO ASSOCIATES INCLUDING A SUSTAINING BUDGET INCREASE OF $200,000.

WHEREAS, the City of Willits has an ongoing need for a wide variety of engineering and project development services to supplement City’s workforce and provide services beyond City staff’s expertise; and
WHEREAS, the Willits City Council at their August 11, 2021, meeting, approved five professional services contracts with different firms for on-call engineering services for a cumulative total of $900,000 over a three-year term; and WHEREAS, staff effectively used the five firms to assist with various projects over the last three-plus years especially as the City incurred staffing changes, Departmental reorganizations and increased project load during those years; and WHEREAS, now staff recognizes there is a need to amend the professional services contract with LACO Associates for on-call engineering services to continue providing the level of assistance required to complete 12 task orders; and
WHEREAS, the original $400,000 contract with LACO Associates is currently at $565,685.00, an additional $165,685 is requested to cover current invoices and $34,315 needed to complete projects through end of their contract in August 2024, and WHEREAS, to complete on call engineering services and task orders LACO Associates requires a contract amendment with an approximate budget of $200,000.00 to cover current funding needs and additional invoices through the end of contract, and WHEREAS, the Finance Department expects to recoup savings from grants and multiple unfilled staff positions that will offset the increase allocation needed to sustain Amendment #1.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits approves Amendment #1 to the professional services contract held by LACO Associates for oncall engineering services and hereby authorizes the Finance Director, or his/her designee, to appropriate $200,000 to the designated Engineering, Transportation, Sewer, and Water Funds to maintain Amendment #1 as described.

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 22nd day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Saprina Rodriguez, Mayor
ATTEST: City Council of the City of Willits
____________________________

DELORES PEDERSEN
City Clerk
Item No. 9c
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Dusty Duley, Community Development Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION INCLUDING APPROVAL OF RESOLUTION ADOPTING THE PROGRAM GUIDELINES AND LOAN PROGRAM APPLICATION FOR THE OWNEROCCUPIED HOUSING REHABILITATION LOAN PROGRAM AND AUTHORIZING THE COMMUNITY

DEVELOPMENT DEPARTMENT TO IMPLEMENT THE OWNER-OCCUPIED HOUSING

REHABILITATION LOAN PROGRAM USING PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDING TO HELP PRESERVE HOUSING STOCK IN THE CITY OF WILLITS.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 30 minutes Summary of Request: The Community Development Department is seeking Council approval of the Owner-Occupied Housing Rehabilitation Loan Program Guidelines (Exhibit A) and Loan Program Application (Exhibit B) to support a City of Willits Owner-Occupied Housing Rehabilitation Loan Program.

If approved, the Community Development Department will host a second community meeting around the second week of June to introduce the program, provide copies of program materials, and otherwise support community members that wish to participate in the program. Staff anticipates the application window opening in June 2024 and remain open for approximately two-months (August 2024.) Background
The California Department of Housing and Community Development (HCD) has made formula funding available through the Permanent Local Housing Allocation (PLHA) Program for housing-related projects and programs that assist in addressing the unmet housing needs of local communities. The City has been allocated an estimated $553,857 for the calendar years 2019-2023. At the regularly scheduled City Council meeting on November 8, 2022, the City Council adopted a revised PLHA usage plan to include the proposed owner-occupied housing rehabilitation loan program and authorized the City to submit a funding application to access the 2019-2021 funding allocation totaling $371,856.

The City submitted a streamlined PLHA application prior to the due date of November 30, 2022, and the standard agreement with HCD for funding years 2019-2021 was executed on June 12, 2023. The City submitted a request for funds (RFF) to HCD on March 12, 2024, to draw down the funding totaling $92,309, for the first allocation year 2019 which the City received. The City will be submitting requests for funds for the program years 2020 and 2021 upon Council approval of the proposed Program Guidelines.

The City has prepared Program Guidelines and a Loan Program Application for the proposed OwnerOccupied Housing Rehabilitation Loan program in accordance with all Community Development Block Grant (CDBG), HCD and PLHA policies. Additionally, the Community Development Department held a public meeting at City Hall on the evening of May 1, 2024, to introduce the proposed rehabilitation loan program to the community, seek input on the proposed framework, and answer questions. The feedback received at this public meeting helped inform revisions to the draft program materials.

The Community Development Department brings forth the draft Owner-Occupied Housing Rehabilitation Loan Program Guidelines and draft Loan Program Application for City Council discussion and possible adoption and seeks approval to implement the program.

Exhibit A – Program Guidelines
Exhibit B – Loan Program Application
Exhibit C – Program Handout – What to Expect and What Not to Expect Attachment A – Annual Household Income Definition
Attachment B – Application for Owner-Occupied Housing Rehabilitation Approved Contractors List Attachment C – Loan Servicing Policies and Procedures
Recommended Action: Adopt the accompanying Resolution adopting the attached Owner-Occupied Housing Rehabilitation Loan Program documents: 1) Program Guidelines; and 2) Loan Program Application.

Alternative(s): Staff is not proposing any alternatives.

Fiscal Impact: Nominal. City staff and consultant time to administer the program and prepare all required reports is eligible for reimbursement using PLHA grant funds.

Personnel Impact: Significant time from both the Community Development and Finance Department will be necessary to support the project; however, Staff intend to utilize consultant support to develop and administer the program, limiting the overall impact on City staff time. 2021 Adopted Goals: This item achieves 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.

This Item Relates to the following General Plan Element: Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________

ATTACHMENT A

Page 1 of 1 ends

PLHA Owner-Occupied Housing Rehabilitation Program

ANNUAL HOUSEHOLD INCOME DEFINITION
For the purposes of determining eligibility in accordance with HCD PLHA income guidelines, Annual Income will include, for all members of the household:
 Gross wages and salary before deductions.
 Net money income from self-employment.
 Cash income received from such sources as rental units, Social Security benefits, pensions, and periodic income from insurance policy annuities.  Periodic cash benefits from public assistance and other compensation, including Supplemental Security Income (SSI), Worker's Compensation, State Disability Insurance, and Unemployment benefits.
 Interest earned on savings and investments.

Annual Income will not include:
 Non-cash income such as food stamps or vouchers received for the purpose of food or housing.
 Capital gains or losses.
 One-time unearned income such as scholarship and fellowship grants; accident, health or casualty insurance proceeds; prizes or gifts; inheritances.  Payments designated specifically for medical or other costs, foster children, or their non-disposable income.
 Income from employment of children under the age of 18.  Payment for the care of foster children.

This is not meant to be a complete list. The City of Willits will make the final decision in situations where the classification of income is not clear-cut. Any exceptions or other deviations from this definition of annual income will be considered by the City of Willits.

The City shall use the Income Guidelines published each year by HCD/PLHA. The maximum gross annual income for an eligible household shall be 120 percent of the area median income for the household size.

ATTACHMENT B

CONTRACTOR APPLICATION

HOUSING REHABILITATION APPROVED CONTRACTOR LIST
Business Name: ____________________________ Owner Name: ____________________________ Business Address: ___________________________________________________________________ Phone: ________________________ Email: _______________________________ Contractor’s License # _________________________ Classification(s): _________________________ Has your license ever been suspended?
□ Yes. If yes, provide the details on a separate page and attach to application. □ No
Officers Authorized to Execute Documents:
_____________________________________ __________________________________________ Name/Title Name/Title
Insurance
Provide the City of Willits with current certificates of Contractor’s General Liability Insurance and Worker’s Compensation (or Exemption) Certificates. Contractors must presently have (or can obtain) a $1,000,000 general liability policy with $2,000,000 aggregate coverage. All certificates shall name the City of Willits as additional insured and show coverage for the length of the time of contract.

Contractor Experience
List your 3 most recent clients (include present jobs, if applicable) ___________________________________ ____________________ _________________________________ Name Phone Job Address
___________________________________ ____________________ _________________________________ Name Phone Job Address
___________________________________ ____________________ _________________________________ Name Phone Job Address
I authorize the City of Willits to verify all information contained in this application and I certify that the information supplied is true and accurate. I understand that willful falsifications of information can be grounds for removal from the City of Willits’ approved contractors list.

Contractor Signature: _______________________________ Date: _________________________ Attachment C

LOAN SERVICING POLICIES AND PROCEDURES
The City of Willits here after called “Lender” has adopted these policies and procedures to preserve its financial interest in properties, whose “Borrowers” have been assisted with public funds. The Lender will, to the greatest extent possible, follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Lender has formulated this document to comply with state regulations regarding the use of these public funds and any property restrictions which are associated with them.

The policies and procedures are broken down into the following areas:
1) making required payments or paying off a loan’s principle and interest; 2) required payment of property taxes and insurance;
3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) process of foreclosure in case of default on the loan.

Loan Repayments and Discounting of Notes
When the rehabilitation project is completed and the amount used to complete the project is less than the amount loaned, the Lender will notify the title company holding the escrow account to refund the unused balance to the Lender. The Lender will reduce the amount of principal accordingly and recalculate the interest.

The Lender will collect monthly payments from those Borrowers who are obligated to do so under an Installment Note, which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date. The Lender will provide to the Borrower a

Page 2 of 8 ends

a debt amortization schedule and will maintain said schedule to account for the loan repayments and any penalties.

For Straight Notes, which are deferred payment loans; the Lender may accept voluntary payments on the loan. Loan payments will be credited to the interest first and then to the principal. The Borrower may repay the loan accrued interest and principal at any time with no penalty.

The Lender will maintain an accurate listing of all loans including but not limited to the following information, Borrower’s name, address, loan closing date, amount of principal, interest rate, calculation of interest, total payoff amount, maturity date, property taxes and insurance current.

Lender is notified that the Borrower intends to pay off a loan, the Lender will provide a demand letter with the payoff amount. This includes the amount of principal, accrued interest, any recording or late fees or other penalties, and a per diem amount (interest per day) and an interest through date (typically the same date at the demand letter).

The Lender will process and record a Substitution of Trustee and Full Reconveyance upon loan satisfaction. A conformed recorded copy is mailed to the Borrower along with the original Deed of Trust and Promissory Note within 30 days of receipt of payoff funds. The original Deed of Trust and Promissory Note are to be stamped ‘paid in full’ with the date and an initial of the responsible staff person processing the documents. Copies of the reconveyance, deed, and promissory note, showing as paid in full are to be kept in the Borrower’s file.

Payment of Property Taxes and Insurance
As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take

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out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance. The City needs to ensure that interest on any costs added to the loan accrue interest from the point the cost was incurred.

When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance will be required at close of escrow. The lender may check the insurance on an annual basis.

Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgage wherein they pay their taxes and insurance as part of their monthly mortgage payment.

All Borrowers will be evaluated semi-annually by the Lender to confirm timely payments of property taxes. In January and May of each year the Lender will access the County TreasurerTax Collector website and view the Borrower’s tax bill to determine if tax payments have been made.

Required Request for Notice of Default
When the Borrower’s loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans.

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Note: If the Lender’s address has changed, a new Request for Notice of Default, signed by the appropriate City representative, must be recorded. If this process is not completed, the Notice of Default will be mailed to the address on file and possibly never received by the Lender.

Annual Occupancy Restrictions and Certifications
All owner-occupied Borrowers will be evaluated annually by the Lender to confirm continuous owner-occupancy status. Borrowers will be required to submit to the City of Willits between January 1 and 30 of each year for the term of the loan:
• Proof of occupancy in the form of a copy of a current utility bill. • Statement, under penalty of perjury, of the unit's continued use as a residence. • Declaration that other title holders do not reside on the premises. • Proof of property insurance, with the City of Willits named as additional insured and for guaranteed replacement cost.
• Proof of property taxes showing current paid status.

Lender to check their local Recorder’s Office online records and search to ensure the property title has not been transferred to another name – if so, loan is due and payable (perform every 6- 12 months).

Lender to check with their local Coroner’s Office to ensure any borrower has not yet passed away. If it is found that a borrower has passed away, the loan is due and payable. Lender is contact family heirs to work on any option available up to and including foreclosure of the property.

These loan terms are incorporated in the original note and deed of trust. If a Borrower sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable.

Required Noticing and Restrictions on Any Changes of Title or Occupancy In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and Borrower will work together to ensure the property is kept in compliance with the original program terms and conditions such that it remains available as an affordable home for low income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies

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and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to the income qualified families.

Owner-Occupant to Owner-Occupant
A change from owner-occupant to owner-occupant occurs at a sale. When a new owneroccupant is not low-income, the loan is not assumable, and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may assume all loan repayment obligations of the original owner-occupant, subject to the approval of the City of Willits Loan Committee.

If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on family size and household income, provided the heir is income-qualified. If the heir intends to occupy the property and is not income-qualified, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for business, but the family still resides in the property.

Partial conversions can be allowed, if it is reviewed and approved by all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.

Requests for Subordinations
When a Borrower has a primary mortgage recorded in a senior position to the City’s loan and wishes to refinance the primary loan, they must submit a written subordination request to the Lender (City of Willits). The Lender will only subordinate their loan when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third- party debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the family with a lower interest rate and the total

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indebtedness on the property should not exceed the current market value.

Upon receiving the proper documentation from the refinance agency, the request will be considered by the Loan Committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation.

Process for Loan Foreclosure
Upon any condition of loan default, the Lender will send a letter to the Borrower notifying them of the default situation. If the default situation continues, the Lender may start a formal foreclosure process.

Conditions of loan default:
1) nonpayment;
2) lack of insurance or property tax payment;
3) violation of rent limitation agreement;
4) change in title or use without approval;
5) default on senior loans
When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating" the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.

If the Lender determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost-effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have enough funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property themselves. If there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lien holder and retain some or all of their investment.

If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the

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loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full payoff of the balance, plus costs, to cancel the foreclosure. If the Lender, after exercising due diligence, determines the reinstatement and maintenance of the property not to be cost-effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.

Lender as Senior Lienholder
When the Lender is in first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
• Can the loan be cured, and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?
• Can the Borrower refinance with a private lender and pay off the Lender? • Can the Borrower sell the property and pay off the Lender? • Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
• Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as funds to bring a delinquent Below-Market Interest Rate (BMIR) current or pay off a DPL).

At the end of 30 days, the Lender should contact and potentially procure reputable foreclosure services or local title companies to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lien holders. The service will advise the Lender

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of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.

When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income-eligible uses.

Exhibit A

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PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

OWNER-OCCUPIED HOUSING REHABILITATION

PROGRAM GUIDELINES
---------------------------------------------------------------------------- I. INTRODUCTION
The City of Willits (“City”) is eligible for formula funding under the State of California Department of Housing and Community Development (HCD), Permanent Local Housing Allocation (PLHA), which can be used to fund specific eligible activities as defined by HCD. In 2023, the Willits City Council approved using the City’s 5-year formula allocation to develop, fund, and operate an owner-occupied housing rehabilitation loan program (“Program”) for qualifying homeowners.

Purpose
The purpose of the Owner-Occupied Housing Rehabilitation Loan Program (“Loan Program”) is to facilitate the rehabilitation of single-family homes and manufactured homes on permanent foundations (collectively referred to as “homes”) owned and occupied by income-eligible and qualifying households within the City of Willits.

Income-eligible households are those whose income is 120% or less than Mendocino County’s area median income (AMI) as defined by California’s Department of Housing and Community Development (HCD), adjusted for household size.

Objective
The objective of the Owner-Occupied Rehabilitation Loan Program is to provide safe, sanitary, and sustainable housing for income-eligible households in the City of Willits through the correction of actual or potential health and safety problems.

FAIR HOUSING LENDER
This program will be implemented in ways consistent with the City’s commitment to Fair Housing.

No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Permanent Local Housing Allocation (PLHA) funds on the basis of their religion or religious affiliation, age, race, color, creed, ancestry, national origin, gender, marital or familial status (children), physical or mental disability, medical condition, sexual orientation, or other arbitrary cause.

Exhibit A

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CONFLICT OF INTEREST
No member of the Willits City Council and no other official, employee, or agent of the City government who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) PLHA guidelines. This ineligibility shall continue for one year after an individual's relationship with the City ends.

A contractor with a vested interest in the property cannot bid on a rehabilitation job. Such a contractor may act as owner/builder with City approval. Owner/builders are reimbursed for materials purchased, verified by invoice/receipt, and used on the job. Reimbursement occurs after the installation is verified by authorized City staff to be part of the scope of work.

Owner/builders are not reimbursed for labor. The City reserves the right to determine if the owner is capable of owner/builder rehabilitation work.

II. ELIGIBILITY

APPLICANT ELIGIBILITY
The Applicant must be the existing homeowner and occupy the home as their primary residence.

Proof of occupancy in the form of (a) a copy of a current utility bill and (b) signing the Form of Owner Occupancy Certifications is required at the time of application and will be required annually for the term of the loan.

INCOME ELIGIBILITY
To be eligible, the household’s total gross income must be equal to, or less than, 120% of the area median income (AMI), adjusted for the household side, in accordance with HCD guidelines.

The AMI table is updated annually and can be found on the HCD website.

HCD Official State Income Limits
Source: CA Dept of HCD State Income Limits 2024 (effective May 9, 2024) 2024 Mendocino County Area Median Income (AMI): $90,400 Household Size 1 2 3 4 5 6 7 8
Acutely Low $9,500 $10,850 $12,200 $13,550 $14,650 $15,700 $16,800 $17,900 Extremely Low $19,000 $21,700 $25,820 $31,200 $36,580 $41,960 $47,340 $52,720 Very Low Income $31,650 $36,200 $40,700 $45,200 $48,850 $52,450 $56,050 $59,700 Low Income $50,650 $57,850 $65,100 $72,300 $78,100 $83,900 $89,700 $95,450 Median Income $63,300 $73,200 $81,350 $90,400 $97,650 $104,850 $112,100 $119,350 Moderate (120%) $75,950 $86,800 $97,650 $108,500 $117,200 $125,850 $134,550 $143,200 Exhibit A

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The Applicant will be required to provide household income documentation as required by the HCD/PLHA program. For more information about qualifying sources of income, please refer to ATTACHMENT A: ANNUAL HOUSEHOLD INCOME DEFINITION

ELIGIBLE PROPERTIES
Rehabilitation loans may be made for eligible improvements to single-family homes or manufactured homes on a permanent foundation located within the City of Willits. The property must be current on property taxes and contain a legally sited structure. Homes outside the city limits are not eligible.

Evidence of ownership means any of the following interests in residential real property:
 Fee simple interest
 99-year leasehold interest in the property

ELIGIBLE IMPROVEMENTS
The goal of the rehabilitation program is to remove deficiencies, extend the useful life of the property and/or provide accessibility to comply with the Americans with Disabilities Act (ADA), and/or comply with any special design or construction standards established by the City. All improvements must be physically attached to the property and permanent in nature. General property improvements should be limited to 15 percent of the rehabilitation loan amount. Luxury items are not permitted. The City may approve the use of non-standard materials for reasons of accessibility or to treat a household member's medical condition.

Examples of eligible improvements:

Foundation construction and repair, roof repair or replacement, electrical repair or rewiring, plumbing repair, heating and cooling system installation and repair, window and door replacement and repair, repair of structurally significant damaged wood, weatherproofing, exterior paint, and floor coverings where it poses a hazard.

Examples of non-eligible improvements:

Swimming pools, patios, and patio covers, room additions for leisure use, landscaping upgrades, hot tubs, custom cabinets, and high-end appliances.

All repair work will meet Uniform Building Code standards. The priority will be eliminating health and safety hazards. Additionally, all repair work will comply with any special design or construction standards established by the City to preserve historic buildings. Rehabilitation work should incorporate energy-efficient/green building materials.

The City will not approve a rehabilitation loan for work required to repair a condition for which the Applicant has received, or will receive, an insurance settlement or funds from another source, such as FEMA or SBA, to pay for the repair, except to augment the insurance or other funds in Exhibit A

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cases where such funds are insufficient to make the required repairs in compliance with all applicable codes or ordinances.

PROGRAM PRIORITY
The City anticipates need for the program will exceed available funding and will prioritize completed applications using the following criteria:

1. Income level

2. Urgency and severity of repairs

3. Length of homeownership
The purpose is to prioritize eligible applicants with the lowest income, living in homes that risk becoming inhabitable without structural repairs, and who have lived in the home for more than one year.

LEAD-BASED PAINT
Program participants rehabilitating homes constructed prior to January 1, 1978, must be provided with the proper disclosure notification concerning lead-based paint (LBP) hazards. Whenever pre1978 houses are rehabilitated under PLHA, please refer to Title 24 Code of Federal Regulations (24 CFR) §570.608, Lead-based paint for guidance. The costs associated with meeting these requirements may be eligible to be paid for with PLHA funds, if available. If temporary relocation is required for lead-based paint remediation, the owner-occupant will be responsible for all relocation activities and expenses. This program does not include provisions or funding for temporary housing.

III. APPLICATION PROCEDURES

APPLICATION PROCESS
The City will open the application window for approximately two months, but this period is subject to change based on the number of applications received and other factors. The City reserves the right to change the application period.

Program Applications will be available on the City of Willits website or in person at 111 E.

Commercial Street, Willits, CA, during the open application period. Completed applications and supporting documents will be submitted to the City in person or by U.S. Mail:

City of Willits
Attn: Community Development Department
111 Commercial Street
Willits, CA 95490

1. All submitted applications will be reviewed for completeness as quickly as possible to allow time to correct deficiencies, if needed.

Exhibit A

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2. An application will be deemed complete when all required information has been supplied by the Applicant.

3. The City will review the complete application and make a preliminary approval of eligibility.
 Ineligible: City staff will notify the Applicant and provide a reason for ineligibility.
 Eligible: City staff will notify the Applicant of preliminary approval and schedule a date and time to conduct an inspection of the home.

4. At a date and time agreed upon by the applicant, the City will inspect the home to determine a rough scope of work and cost estimate in consultation with the Applicant.

5. If the scope of work meets the criteria for eligible improvements and the City’s cost estimate is within the loan financing range, the City will provide the Applicant with a list of contractors that have been pre-approved by the City for the program.

CONSTRUCTION QUOTE PROCESS

1. The Applicant will select a contractor from the pre-approved list provided by the City and solicit a fixed-price bid for the repairs. The City is not responsible for selecting contractors or requesting bids.
a. Applicant may solicit bids from more than one contractor if desired. b. If the Applicant wishes to use a licensed contractor that is not on the City-approved list, the contractor may submit an application to be added to the list. See ATTACHMENT B: APPLICATION FOR OWNER-OCCUPIED HOUSING REHABILITATION APPROVED CONTRACTOR’S LIST.
c. A contractor with a vested interest in the property cannot bid on a rehabilitation job. Such a contractor may act as owner/builder, subject to standard construction procedures. (Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by City staff to be part of the scope of work. Owner/builders are not reimbursed for labor.) The City reserves the right to determine if the owner is capable of owner/builder rehabilitation work.
d. “Self-Help” or “Sweat-Equity” work by the Applicant may not be a part of the loan financing. No volunteer assistance is allowed.

2. Applicant will submit bid(s) received to the City of Willits Community Development Department. The City will review the bid(s) to ensure the scope of work and bid price are comparable to the City’s in-house cost estimate for the rehabilitation work.

3. Bid(s) received will be added to the Applicant’s application package.

Exhibit A

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APPLICATION REVIEW AND SCORING
The application period will close on a date set by the City. Upon closure of the application window, the City Housing Rehabilitation Loan Committee will review the completed applications and assign a score using the criteria outlined under Program Priority in Section II. The Committee shall be made up of three (3) people. Two representatives of the City, and a local community member with related experience such as a loan officer. Applications will be prioritized based on total score.

The City will notify Applicants of their application status within two weeks of the application window closing. Applicants will be selected to proceed to the Loan Financing phase based on the application’s total score and funding availability.

IV. LOAN FINANCING
Hereinafter, the City will be referred to as “Lender” and the homeowner/applicant will be referred to as “Borrower.”
Loan amounts will range from a minimum of $25,000 to a maximum of $50,000.

The loan amount may include:
 construction contract (the accepted bid price for the cost of materials and labor);
 construction contingency;
 drafting and engineering fees, if any;
 appraisal and termite inspection charges;
 credit report review fees;
 permit fees and related building fees,
 site preparation
 escrow, closing and recording fees; title report and title insurance, title updates.

PLHA funds may not be used to pay for property taxes or insurance.

Maximum Loan-to-Value Ratio
The maximum encumbrance is limited to 95 percent of the property’s after-rehabilitation value (determined by after-rehab appraisal).

Loan Security

1. A Deed of Trust and Promissory Note will secure loans.

2. All owners listed on the benefiting property title are required to sign the Deed of Trust, Promissory Note, rehabilitation contract documents, and other related loan documents.

3. All Lender loans that are not in first position on title will require a Request for Notice of Default to be recorded as part of the transaction.
a. If the Lender changes address - a new Request for Notice of Default must be recorded to ensure any possible notice is sent to the current address of the Lender.

Exhibit A

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Financing Terms
Financing terms are flexible to allow for maximum affordability. In addition to the Lender’s ability to make a fully deferred loan, there are three other types of financing available.

To the extent that an amortized loan payment will not cause housing costs plus all other monthly debt payments to exceed 49 percent of gross monthly income, rehabilitation costs will ordinarily be financed as a 0 percent simple interest rate loan (defined by Lender and dependent on the current market at loan close).

In the event the household cannot afford a loan payment, the rehabilitation loan will be financed at 0 percent simple interest (defined by the Lender and dependent on the current market at loan close) with payments, including interest, deferred for a period up to 30 years.

Very Low-income owner-occupants (household income at or below 50 percent of area median) or persons who are elderly (age 65 or older) or permanently disabled heads of household will be eligible for 0 percent interest (defined by Lender and dependent on the current market at loan close) deferred payment loans. Payments are deferred for up to 30 years.

LOAN DOCUMENTATION
The Lender shall determine the loan amount based on the consideration of:

1. The selected bid contractual amount

2. 10 to 20 percent contingency

3. Plan or drawing preparation, if any.

4. Pre-project inspections (termite report, LBP inspection)

5. Escrow and title policy costs.

The Lender shall provide the Applicant with the loan disclosure information.

Once the Borrower has approved the disclosure, the Lender shall process the loan for approval.

The approval process shall require approval by the City of Willits Loan Committee. The Borrower shall be notified of approval and/or denial in writing.

LOAN APPROVAL
A loan package will be prepared by the Lender that: confirms the Borrower and property eligibility; documents the equity in and the encumbrances on the property; lists the estimated loan and construction costs; and includes any other information particular to the loan. By preparing a loan package using all the income and property eligibility, the determination of the amount and rates and terms of the PLHA loan will be outlined for the City of Willits Loan Committee to review.

To obtain PLHA financing, Borrowers must meet all property and eligibility guidelines in effect at the time of loan approval. Applicants will be provided with written notification of approval or denial. Reason for denial will be included in a denial letter to the Applicant.

Exhibit A

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LOAN SETTLEMENT

1. The Borrower shall sign the following: Deed of Trust, Promissory Note, Loan Estimate and Closing Disclosure Statement, Rescission Notice, Loan Agreement, Request for Notice of Default and Sale (if applicable

2. The City of Willits Community Development Director, acting on behalf of the Lender, shall sign the loan documents as required.

3. If the Borrower does not rescind the loan after the 3-day rescission period:
a. The Deed of Trust, Request for Notice, and Rent Limitation Agreement, as applicable, shall be recorded at the Mendocino County Recorder’s Office. The Borrower shall sign the Construction agreement and Notice to Proceed. b. Title insurance shall be requested and received.

4. The original loan documents shall be filed with the City as applicable: Promissory Note, Deed of Trust (recorded), Loan Agreement, Request for Notice of Default (recorded) and Rent Limitation Agreement (recorded).

5. The construction documents shall be filed with the City.

6. The Lender shall deposit loan funds into an escrow account with a reputable title company, unless the loan amount is too small to warrant incursion of escrow fees.

LOAN SERVICING
Refer to ATTACHMENT C: LOAN SERVICING POLICIES AND PROCEDURES.

DEFAULT AND FORECLOSURE
If a Borrower defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the PLHA Foreclosure Policy as described in the “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.

INSURANCE

1. Standard Property Insurance
Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs, the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

2. Fire Insurance
The Borrower shall maintain fire insurance on the residence for the duration of the loan(s).

This insurance must be an amount adequate to cover all encumbrances on the residence.

The insurer must identify the Lender as Loss Payee for the amount of the loan(s). A binder shall be provided to the Lender. In the event the Borrower fails to make the fire insurance premium payments in a timely fashion, the Lender at its option may make such payments Exhibit A

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for a period not to exceed 60 days. The Lender may, in its discretion and upon the showing of special circumstances, make such premium payments for a longer period. Should the Lender make any payments, it may, in its sole discretion, add such payments to the principal amount that the Borrower is obligated to repay the Lender under this program.

3. Flood Insurance
In areas designated by HUD as flood-prone (located in a 100-year flood plain) the Borrower is required to maintain flood insurance in an amount adequate to secure the Rehabilitation Loan. The policy must designate the Lender as Loss Payee.

V. CONSTRUCTION
After a rehabilitation loan is approved, the Lender will assist the Borrower in coordinating the construction contract for the rehabilitation work. The Borrower selects the Contractor of their choice from the list of pre-approved contractors.

The Borrower will be the responsible agent and the contract will be between the Borrower and the Contractor.

1. The contract for rehabilitation work will be executed between the Borrower and the Contractor.

2. The Lender will assist the Borrower with the control, supervision, and direction of the work to be performed under the contract.

3. Changes to the services to be provided under the contract and amounts to be paid pursuant to the contract may only be made by written change order by and between the Borrower and the Contractor and only upon approval by the Lender so long as the changes are within the approved rehabilitation loan budget.

4. During the performance of the contract, the borrower shall not enter into any additional agreements with the contractor, whether written or verbal, without the written approval of the Lender.

5. The Lender’s staff will inspect the work prior to disbursing any payments.

6. The Borrower must accept the work performed before the Lender can make any payments under the contract for such work.

7. Upon satisfactory completion of all work in the contract, the Borrower shall sign the Notice of Completion evidencing Borrower’s acceptance of the work, which shall be provided to Lender.

The Lender does not warrant any construction work or provide insurance coverage.

Exhibit A

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VI. GENERAL INFORMATION

DISPUTE RESOLUTION
Any person/household applying for a Rehabilitation Loan through the PLHA program has the right to appeal if their application is denied. In addition, during pre-construction, construction, or post-construction periods, the Borrower has a similar right to have any disputes heard and resolution efforts made in good faith.

Rehabilitation program representatives are primarily responsible for ensuring that the program is implemented in compliance with state and federal regulations in a timely and responsible manner. This includes developing accurate and professional files, work write-ups, and contract documents. Program representatives attend the meeting between the homeowner and the contractor when the contract documents are signed and facilitate in the clarification and/or corrections of proposed work, so a clear understanding is established between both parties.

During and after construction is completed, the contractor's work is monitored for code compliance and quality by the City Building Official.

The contractual obligation for rehabilitation is ultimately between the contractor and the homeowner. If a situation occurs where the two parties are in conflict, the following procedure will occur:

Before any intervention occurs, the homeowner or contractor shall communicate perceived problems or complaints directly to the other party. To resolve the differences, each will give the other an opportunity to respond or correct the problem.

If the first attempt fails, the homeowner or contractor may ask the City of Willits Community Development Director or designee to informally intervene. This intervention might include telephone call(s) to the contractor or homeowner, meeting(s) at the job site or in the office, or other actions as seem appropriate, including such things as the establishment of written working guidelines, or other post-contractual agreement.

If the City of Willits Community Development Director or designee is unable to satisfactorily resolve the homeowner-contractor differences, the homeowner, contractor, or program representative, will contact HCD detailing the problem. In cases of building code compliance or questions of construction quality, the City of Willits Building Official might also be contacted.

It must be recognized that the homeowner has other options which they may choose to utilize, including contacting the Contractors State Licensing Board and submitting a complaint.

Any controversy between the parties that cannot be settled through the informal intervention process outlined above shall be submitted to binding arbitration. Costs for the arbitration will be borne by the losing party, or subject to the terms of the arbitration agreement.

Exhibit A

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AMENDMENTS
Amendments to these Guidelines and all referenced Attachments may be made by the City of Willits at any time.

Exhibit B
City of Willits
Community Development Department
111 E. Commercial Street
Willits, CA 95490
Dear Property Owner(s),
Thank you for your interest in the Owner-Occupied Rehabilitation Loan Program operated by the City of Willits. This program is made available with funding from the State of California Permanent Local Housing Allocation (PLHA) program and is part of the City’s effort to preserve and improve housing stock for income-eligible homeowners. Qualified property owners may be eligible to receive a 0%interestdeferred loan ranging from $25,000 to $50,000 forhomerepairs andimprovements, depending on qualifying factors and funding availability.

In addition to providing 0% interest loans to eligible applicants, the City of Willits offers assistance throughout the application, loan, and construction phases of the work. City staff will perform an inspection of your home, prepare a scope of work to initiate the contractor procurement process, and inspect construction activities as necessary to ensure satisfactory completion of the work. City staff shall also administer loan payments, documents, and closing statements necessary for the loan program.

Examples of eligible work include foundation, structural, electrical, mechanical, plumbing, windows, flooring, painting, insulation, and termite repairs. Limitations do apply and the work that is eligible on your home will be determined during the application process.

Please complete the enclosed application and submit the signed application with all required documentation:

By Mail or Drop off
City of Willits
Community Development Department
111 E. Commercial Street
Willits, CA 95490
Or by email to: [email protected]
Sincerely,
Dusty Duley
Community Development Director
Household
Size
Household Gross
Income
1 $75,950
2 $86,800
3 $97,650
4 $108,500
5 $117,200
6 $125,850
7 $134,550
8 $143,200
Gross Annual Income Limit*
(120% of Area Median Income)
*Income limits for City of Willits as of 5/9/2024.

Maximum income to be eligible to apply.

Link to HCD State Funding Limits 2024

1. Complete and sign the application.

2. Submit signed application including copies of allsupporting documentation listed on page 2 of the application.

1. Once you have qualified for the program, the City Building Official or designee will schedule an inspection of your property.

2. A list of corrective actions for any health and safety deficiencies, combined with a limited amount of general property improvements, will be developed and used as the scope of work for the project.

1. Once the scope of work is agreed upon, the applicant’s contractor(s) will prepare a work write-up, which is a list of project improvements (e.g., materials, roofing, siding, windows, foundation, etc…).

2. You will be provided with a copy of the scope of work and a list of contractor(s) who have been pre-approved by the City for this program.

3. You will choose contractor(s) from the list and contact the contractor(s) to request a quote for construction repairs. For more information about contractor(s) eligibility, or if a contractor you wish to use is not on the City list, please refer to the Program Guidelines.

4. The contractor(s) you choose will visit your home on an agreed-upon date and time to walk the project, take measurements and photos, and prepare a quote for the work.

5. The contractor(s) quote(s) are then sent to the applicant and the City. The City will add a copy of the quote(s) to your application package.

1. Once your application is approved, you will be asked to sign loan documents including: a promissory note for the amount of the loan; a deed of trust to secure the promissory note; and a loan disclosure statement describing the terms of the loan.

2. On the scheduled date, the owner and contractor will sign the Owner-Contractor contract. The contract will specify the complete scope of work to be performed, length of time allowed to complete the work, procedure for paying the contractor, qualifications and insurance requirements, process for changing the terms of the contract, warranty period, and other contract issues that protect the rights of the owner and contractor.

The Scope of Work
The Bidding Process
Construction Contract and Loan Contract Signing
How to Apply

3. As with all legal contracts, you (owner) will have three business days (72 hours) after signing, to exercise your “Right to Cancel” during which time you may change your mind and withdraw from the program. “Business Days” include Saturdays, but do not include Sundays or Holidays. Should you opt to withdraw from the program, you are not disqualified from applying again at a later date. However, the City of Willits does ask you to carefully consider your commitment to our program, as many hours of administrative time go into processing each application.

1. When the “Rightsto Cancel” period ends and on the agreed-upon date, the City issues the Notice to Proceed, and the contractor is allowed to begin the work.

2. The length of the contract may be extended if additions or changes to the contract are agreed upon, or if unavoidable delays such as inclement weather occur.

3. During construction, the contractor may request periodic “progress payments” prior to the project's completion. These payments will be made on an agreed-upon schedule and will only pay for items of work that are complete, signed off by the Building Division (if necessary), and meet the standardsset forth by the City of Willits.

4. Upon completion of all work items, the City Building Official will perform a final inspection, verify that all building permits have been signed off, collect final lien waivers, process a final progress payment, and issue a Notice of Completion.

Our goal at the City of Willits is to support you, the homeowner, in the successful rehabilitation of your home. Please contact the City Community Development Department if you need assistance at any point in the application process. 707-459-7112 or [email protected] Construction and Completion
City of Willits
Community Development Department

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

APPLICATION CHECKLIST
Applicant’s Name:

Property Address:

Thank you for your interest in the Owner-Occupied Rehabilitation Program. Please complete the forms included in this application package and attach all necessary documents. A checklist is provided below for your convenience.

Have you read, completed, signed, and dated application forms enclosed? [ ] APPLICATION
[ ] FAIR LENDING NOTICE/RIGHT TO FINANCIAL PRIVACY
[ ] LEAD-BASED PAINT DISCLOSURE
EPA Brochure: PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME [ ] HOMEOWNER’S INSURANCE FORM; PLEASE SUBMIT A COPY OF YOUR POLICY [ ] BORROWER’S CERTIFICATION AND AUTHORIZATION TO RELEASE INFORMATION Have you provided copies of the following information?
[ ] Pay stubs for the most recent two-month period or other current proof of income (including but not limited to Social Security, retirement, pension, TANF, etc.) for all household members, 18 years of age and older who are not full-time students, receiving income at the time of application.
[ ] Statements for the last six consecutive months for checking and most current for savings accounts, (all pages), (including, but not limited to stocks, IRAs, pension accounts, mutual funds, etc.) for all household members, 18 years of age and older who are not full-time students, receiving income at the time of application.

Please include ALL pages of each bank statement even if they are blank. [ ] Federal income tax returns from the last two years for all household members, 18 years of age and older, receiving income at the time of the application. [ ] Mortgage statements for the last two months and the amount of the remaining mortgage. [ ] Utility bills for the two most recent, consecutive months (PG&E, water, sewer, and garbage) [ ] Current homeowner’s insurance policy or declaration statement that specifies policy number, policy period, and amount of coverage.
[ ] Copy of property tax statements for most recent year. [ ] Copy of Whole Life Insurance policy, if applicable
[ ] Copy of Trust, if applicable
Property Address:

LOAN APPLICATION
Please describe the repairs needed to the property:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ E-mail Address:

Daytime phone number: ( ) - Evening phone number: ( ) - Preferred language: ( ) English ( ) Spanish ( ) Other:

I. Owner Information:

Please complete the following information about the owner of the house. If there is a second owner living in the home, be sure to also complete Section II.

Owner’s Name:

Social Security Number
Date of Birth: (Month/Day/Year)
Income from sources (wages, social security, retirement, pension, AFDC, etc.) Employer: Monthly Salary: $
Other Source of Income: Monthly Amount: $
Other Source of Income: Monthly Amount: $
Assets/Accounts (checking, savings, stocks, pension, IRA, etc.) Bank Name & Type of Account: ___________________________ Current Balance: $
Bank Name & Type of Account: ___________________________ Current Balance: $
City of Willits
Community Development Department

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM
II. Co-Owner Information
Please complete the following information on the co-owner of the house. If there is no co-owner skip to Section III.

Co-Owner’s Name: _____________________________________________________________ Social Security Number: ____________________________
Date of Birth: (Month/Day/Year)
Income from sources (wages, social security, retirement, pension, AFDC, etc.) Employer: Monthly Salary: $
Other Source of Income: Monthly Amount: $
Other Source of Income: Monthly Amount: $
Assets/Accounts (checking, savings, stocks, pension, IRA, etc.) Bank Name & Type of Account: ___________________________ Current Balance: $
Bank Name & Type of Account: ___________________________ Current Balance: $
III. Property Information:

Please provide the following information about your home:

Date of Purchase: / / Purchase Price: $
1st Mortgage Holder:

Institution Name: ______________________________________________________ Balance: $ Monthly Payment: $
2nd Mortgage Holder:

Institution Name: ______________________________________________________ Balance: $ Monthly Payment: $
Is your home in a trust or are you a party to a trust? [ ] Yes [ ]No IV. Household Information
How many people live in your home: How many receive income:

What are the names and ages of all other people living in your home?

1. 2.

3. 4.

5. 6.

What is the combined monthly income of everyone 18 or over living in your home:
$
What is your combined annual gross household income:
$
Do you expect your household composition to change in the next 6 months? [ ] Yes [ ] No
Please furnish the following information for the head of the household in all 6 categories.

SEX: [ ] Male [ ] Female
AGE: [ ] Under the age of 62 [ ] 62 or older
RACE: Check all that apply.
[ ] White [ ] American Indian or Alaska Native
[ ] Asian [ ] Native Hawaiian or Other Pacific Islander [ ] Black or African American
ETHNICITY: [ ] Hispanic or Latino [ ] Not Hispanic or Latino DISABLED: [ ] Yes [ ] No
ARE YOU A VETERAN: [ ] Yes [ ] No
The City of Willits offers rehabilitation financing. To assist with this, I agree to release information regarding INCOME, MORTGAGES, and/or BANK ACCOUNT(s). I give my permission to use copies of this consent form in obtaining the required information and hereby certify that to the best of my knowledge, all information given is true and complete.

Owner _______________________________________________ Date _____________________ Co-owner _____________________________________________ Date _____________________ City of Willits

FAIR LENDING NOTICE AND

NOTICE OF RIGHT TO FINANCIAL PRIVACY

FAIR LENDING NOTICE
To all borrowers for a real property secured to purchase, construct, rehabilitate, improve, or refinance an owner-occupied one to four family residence; and all owner-applicants for a real property secured home improvement loan to improve a one to four family residence (whether or not owner-occupied):

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of an applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this credit is the U.S. Comptroller of the Currency, Consumer Affairs division, Washington, D.C. 20219.

In Addition to your rights under Federal law, you may also have rights afforded under state law.

FOR CALIFORNIA RESIDENTS ONLY: In accordance with California law, the following notice is given to applicants who are residents of California.

The California Housing Financial Discrimination Act of 1977 provides in part as follows: 35810. No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing, constructing, rehabilitating, improving, or refinancing housing accommodations due, in whole or part, to the consideration of conditions, characteristics, or trends in the neighborhood or geographic area surrounding the housing accommodation, unless the financial institution can demonstrate that such consideration in the particular case is required to avoid an unsafe and unsound business practice. 35811. No financial institution shall discriminate in the availability of, or in the provision of, financial assistance for the purpose of purchasing, constructing, rehabilitation, improving refinancing housing accommodations due, in whole or in part, to the consideration of race, color, religion, sex, marital status, national origin, or ancestry.
35812. No financial institution shall consider the racial, ethnic, religious, or national origin composition of a neighborhood or geographic area surrounding a housing accommodation or whether or not such composition is undergoing change, or is expected to undergo change, in appraising a housing accommodation or in determining whether or not, and under what terms and conditions, to provide financial assistance for the purpose of purchasing, constructing, rehabilitating, improving, or refinancing a housing accommodation. No financial institution shall utilize appraisal practices that are inconsistent with the provisions of this part.

If you wish to file a complaint, or if you have questions about your rights, contact: Comptroller of the Currency, Administrator of National Banks, Western District, Consumer Complaint Department, 50 Fremont Street, Suite 3900, San Francisco, California 94105.

NOTICE OF RIGHT TO FINANCIAL PRIVACY:

This is notice to you as required by the Right of Financial Privacy Act of 1978 that the Department of Housing and Urban Development has a right of access to financial records held by any financial institution in connection with the consideration or administration of the housing rehabilitation loan for which you have applied. Financial records involving your transaction will be available to the Department of Housing and Urban Development without further notice or authorization but will not be disclosed or released to other except as required or permitted by law.

Owner Signature Date
Co-Owner Signature Date
City of Willits

LEAD-BASED PAINT DISCLOSURE

FOR OWNER-OCCUPIED RESIDENCE
The City of Willits has provided me with a copy of the EPA brochure PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME.

I have read and understand the contents of this brochure in its entirety.

Owner’s Signature Date
Co-Owner’s Signature Date
Home Address

City of Willits

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM
HOMEOWNER’S INSURANCE POLICY

IN ADDITION TO PROVIDING THE FOLLOWING INFORMATION, PLEASE PROVIDE A COPY OF HOMEOWNER’S INSURANCE POLICY OR A COPY OF THE DECLARATION STATEMENT.

The undersigned does hereby declare, under penalty, that the following “homeowner insurance policy” is in effect (or will be in effect by the date the loan is funded) upon the subject property:

Property Address:

Insurance Company:

Name of Insurance Agent:

Address of Agent:

Phone Number of Agent: ( )
Policy No.: ________________________________ Policy Period: ______________________ Amount of Coverage: $ Annual Premium: $
As the holder of the Deed of Trust on our property, we acknowledge that the City of Willits’ insurance requirements are as follows:
1) A valid and collectable policy of insurance including the perils of fire and hazards covered by special form must be maintained at all times. 2) The amount of insurance is to be not less than the outstanding loan balances, or improvement costs.
3) The Borrower’s insurance company will be notified of the City of Willits’ loan and the amountofrequiredcoverage. TheCityofWillitswillbe added to the policy as “Additional Loss Payee.” Proof of these changes will be provided to the City of Willits Housing Division in writing.

Owner Signature Date
Co-Owner Signature Date
BORROWER’S CERTIFICATION AND AUTHORIZATION TORELEASE INFORMATION The undersigned certify the following:

1. I/We have applied for a mortgage loan from the City of Willits (the Lender). In applying for the loan, I/We completed a loan application containing information pertaining to qualifications for the loan, including but not limited to current residence address, the amount and source of the down payment, employment and income information, and the assets and liabilities. I/We certify that all the information is true and complete. I/We made no misrepresentations in the loan application or other documents, nor did I/We omit any pertinent information.

2. I/We understand and agree that the City of Willits reserves the right to verify the information provided on the application with the employer and/or the financial information.

3. I/We fully understand that it is a Federal crime punishable by fine or imprisonment, or both, to knowingly make any false statement when applying for this mortgage, as applicable under the provisions of the Title 18, United States Code, Section 1014.

Authorization to Release Information
To Whom It May Concern:

1. I/We have applied for a mortgage loan from the City of Willits. As part of the application process, the City of Willits and its program operator, Community Development Services, may verify the information contained in my/our loan application and in other documents required in connection with the loan, either before the loan is closed or as part of its quality control program.

2. In addition, I/We understand and authorize that my application and/or closed loan file may be selected by the City of Willits, Community Development Services, their agents, successors or assigns for a quality control review. Should such a review be conducted, it may involve the re-verification of employment, income, credit, debt, or other information obtained during the processing of my loan application and the re-evaluation of the property, the appraisal, or value of the property.

3. I/We authorize you to provide to the City of Willits, Community Development Services, or a third party authorized by the Lender, any, and all information and documentation that they request. Such information includes but is not limited to employment history and income; bank, money, and similar account balances; credit history; and copies of income tax returns.

4. The City of Willits and Community Development Services may address this authorization to any party named in the loan application.

5. A copy of this authorization may be accepted as an original.

Borrower/Applicant Signature Print Name SSN Date
Co-Borrower/Co-Applicant Signature Print Name SSN Date

RIGHT TO FINANCIAL PRIVACY ACT NOTICE
The City of Willits certifies that in connection with this request for access to financial records, it is in compliance with ap applicable provisions of the Right to Financial Privacy Act of 1978. Prior to the time your financial records are disclosed, you have the right to revoke this authorization; however, refusal to provide the information may cause your application to be delayed or refused.

Exhibit C
City of Willits
Owner-Occupied Housing Rehabilitation Loan Program

WHAT TO EXPECT AND WHAT NOT TO EXPECT
Things That the Homeowner Will Do in the Rehabilitation Loan Program The program will help homeowners during the rehabilitation process, but the property owner is responsible for making the choices and being involved in the activities listed below.

1. The homeowner will help the City Building Official or designee(s) during the initial inspection of their house and point out known problems.

2. The homeowner, not the program, will choose the contractor(s) to bid on the proposed work from the approved contractor list.

3. The homeowner, not the program, will choose the contractor(s) to perform the work on their property.

4. The homeowner, not the program, will sign the improvement contract with the contractor(s).

5. The homeowner will be involved in inspecting the work in progress and approving payments to the contractor(s).

6. The homeowner, the program, and the contractor(s) will be involved in settling disagreements that may occur during the rehab process.

7. The homeowner is responsible for contacting the contractor(s) to correct problems covered by contractor warranties during the first year after the job has been completed.

Things That the Homeowner Should Think About Before Making the Final Commitment The improvements made as part of the HCD PLHA rehabilitation program are limited by regulatory requirements, funding limitations, as well as limitations of the existing housing unit. For example:

1. Not all of the work that the homeowner may want to do can always be completed. The work completed will address the program requirements and address health/safety issues but will probably not solve all problems.

2. Floors, walls, ceilings, doors, windows, and other components in an older home may not be completely plumb, level, square etc. when the work is finished.

3. It can often be very stressful to live in the house while the contractor is performing rehab activities. If the homeowner chooses to relocate temporarily, or if relocation is necessary to complete repairs, the homeowner is responsible for making all arrangements and paying for temporary housing. All costs related to temporary relocation are ineligible under this program.

The City of Willits Owner-Occupied Housing Rehabilitation Loan Program is not the contractor, does not recommend contractors, does not choose the contractor(s) to do your work, and cannot guarantee that you will be completely satisfied with the work completed. The program will, however, work closely with you to help solve any problems and to help ensure that the work completed is functional, meets applicable codes and regulations, is consistent with industry-standard installation practices, and is of a quality consistent with standards prevalent in your area. _________________________________________ _________________________________________ Applicant Signature Date Co-Applicant Signature Date
_____________________________________________
Program Representative Signature Date
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING THE ADOPTION OF THE PROGRAM GUIDELINES FOR THE CITY OF WILLITS PLHA OWNEROCCUPIED HOUSING REHABILITATION LOAN PROGRAM.

WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department”) is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation (PLHA) Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the City of Willits (the "City"), at the regularly scheduled City Council meeting on November 28, 2022, authorized the application of a PLHA grant to establish an Owner-Occupied Housing Rehabilitation (OOHR) Loan Program, in an amount not to exceed the five-year estimate of the PLHA formula allocations ($553,857.00), as stated in Appendix C of the 2022 NOFA in accordance with all applicable rules and laws; and
WHEREAS, the City applied for and was awarded a PLHA grant to establish the OOHR Loan Program to provide low-interest or no-interest loans to eligible homeowners to fund repairs to correct health and safety deficiencies, extend the useful life of the home, and/or provide accessibility to comply with the Americans with Disabilities Act (ADA), an eligible activity as approved by the Department and in accordance with all Program requirements, guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City and the Department; and
WHEREAS, the City has drafted OOHR Loan Program Guidelines, attached as Exhibit A, and OOHR Loan Program Application, attached as Exhibit B, in accordance with all applicable HCD and PLHA policies and guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Willits hereby that:

1. The City Manager of the City of Willits or their designee is hereby authorized and directed to proceed with the implementation of the OOHR Loan program substantially to the form as described in the OOHR Loan Program Guidelines, attached as Exhibit A, and the OOHR Loan Program Application, attached as Exhibit B.

2. The City Manager of the City of Willits or their designee is authorized to make limited nonsubstantive revisions as needed to the OOHR Loan Program Guidelines, attached as Exhibit A, and the OOHR Loan Program Application, attached as Exhibit B.

3. The City Manager of the City Willits or their designee will bring forth to the City Council for approval any material changes to the OOHR Loan Program Guidelines, attached as Exhibit A, and the OOHR Loan Program Application, attached as Exhibit B, that may affect a homeowner’s eligibility to participate in the program, activities eligible under the program, or any changes to the loan servicing guidelines.

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_________________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9d
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon, Services and Facilities Director
Agenda Title: ADOPT A RESOLUTION AUTHORIZING THE ADVERTISEMENT OF THE STEEL

WATER MAIN REPLACEMENT PROJECT WITH THE ADDITIVE ALTERNATE OF REPLACING ADJACENT SEWER MAINS FOR A COMBINED PROJECT COST OF $1,227,955 (PROJECT 2023-08).

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 min Summary of Request: Add replacement sewer lines to water main replacement project for cost effectiveness. The City Council at the August 9, 2023 meeting adopted Resolution 2023-51 that authorized advertisement of Project 2023-08 when the plans are deemed final. Since August of 2023, staff decided to compose an Additional Alternate consisting of the replacement of sewer mains.

The Bid Alternate includes the following: (1) The replacement of approximately 1,482 linear feet of existing sewer main with new eight-inch, SDR-35 PVC pipe and 48-inch diameter sewer manholes; (2) The replacement of four-laterals; (3) The replacement of tie-ins to existing sewer manholes, and private laterals; and (4) Trench paving.

Recommended Action: Adopt the accompanying Resolution authorizing an amendment for additional scope of work to the already approved Steel Water Main Replacement Project 2023-08 to go out for competitive public bidding.

Alternative(s): To proceed with only the water main replacement portion.

Fiscal Impact: The total project has an Engineers Estimate of Probable Costs of $1,227,955 and contract change orders up to 10-percent. The water main portion has a project estimate of $912,875, and the Additive Alternative increases that amount by $315,080. The project will utilize fund balances from the enterprise accounts. Water had a Fiscal Year 22/23, Year-End Balance, of $4,780,365 and wastewater had a Fiscal Year 22/23, Year-End balance, of $6,187,784.

Personnel Impact: Finance and Services & Facilities staff will provide administrative support. 2021 Adopted Goals: This item meets Goal #1 for Services & Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities, and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: Not applicable.

This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
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 _____________ NO. ITEM DESCRIPTION EST. QUANITY UNITS Unit Cost Total Cost 1 Mobilization & Permits 1 LS $ 74,000 $ 74,000
2 Traffic Control/Management 1 LS $ 31,000 $ 31,000
3 Water Pollution Control Plan 1 LS $ 5,000 $ 5,000
4 6" C-900 PVC Water Main 1879 LF $ 155 $ 291,245
5 6" Gate Valve 8 EA $ 1,900 $ 15,200
6 Blowoff Valve 5 EA $ 2,200 $ 11,000
7 Replace 1" Water Service & Meter 31 EA $ 5,000 $ 155,000 8 Replace 2" Water Service & Meter 1 EA $ 8,000 $ 8,000 9 6" Ductile Iron Pipe 402 LF $ 350 $ 140,700
10 6" Ductile Iron Pipe - Encased 25 LF $ 700 $ 17,500
11 Abandon Existing Water Line 4 EA $ 2,000 $ 8,000
12 Water Main Tie-in 8 EA $ 6,200 $ 49,600
13 Fire Hydrant Assemly 2 EA $ 9,000 $ 18,000
14 EBBA Flex Tend Fitting Assembly with
Concrete Vault 2 EA 10,000 $ 20,000 $
15 Concrete Curb & Gutter 95 LF 34 $ 3,230 $
16 Concrete Sidewalk Restoration 350 SF 44 $ 15,400 $
17 Bridge Crossing 1 LS 50,000 $ 50,000 $
Total $ 912,875
City of Willits Watermain Replacement Engineer's Estimate Item
No. Item Description Quantity
Unit of
Measure Unit Price Price
1 Test new sewer and connect to Existing Manhole 3 EA $ 7,500.00 $ 22,500.00 2 48" SSMH 1 EA $ 7,500.00 $ 7,500.00
3 10" SDR-35 Sewer Main 625 LF $ 180.00 $ 112,500.00
4 4" SDR-35 Sewer Lateral and Cleanout 13 EA $ 2,500.00 $ 32,500.00 Item
No. Item Description Quantity
Unit of
Measure Unit Price Price
1 Test new sewer and connect to Existing Manhole 1 EA $ 7,500.00 $ 7,500.00 2 48" SSMH 1 EA $ 7,500.00 $ 7,500.00
3 8" SDR-35 Sewer Main 226 LF $ 150.00 $ 33,900.00
4 4" SDR-35 Sewer Lateral and Cleanout 2 EA $ 2,500.00 $ 5,000.00 Item
No. Item Description Quantity
Unit of
Measure Unit Price Price
1 Test new sewer and connect to Existing Manhole 1 EA $ 7,500.00 $ 7,500.00 2 48" SSMH 1 EA $ 7,500.00 $ 7,500.00
3 8" SDR-35 Sewer Main 242 LF $ 150.00 $ 300.00
4 4" SDR-35 Sewer Lateral and Cleanout 2 EA $ 2,500.00 $ 5,000.00 Item
No. Item Description Quantity
Unit of
Measure Unit Price Price
1 Test new sewer and connect to Existing Manhole 3 EA $ 7,500.00 $ 22,500.00 2 48" SSMH 0 EA $ 7,500.00 $ -
3 8" SDR-35 Sewer Main 389 LF $ 150.00 $ 58,350.00
4 4" SDR-35 Sewer Lateral and Cleanout 9 EA $ 2,500.00 $ 22,500.00 Total $ 352,550.00
BID ALT 1 - State Street
BID ALT 2 - East Van Lane
BID ALT 3 - Madrone Street
BID ALT 4 - North Street
City of Willits Sainitary Sewer Replacement Engineer's Estimate Bid Opening Date:

Bid Opening Time:

Location:
07/09/2024
2:00 PM City of Willits - Council Chambers
111 E. Commercial St.

Willits, CA 95490

CITY OF WILLITS

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

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

STEEL WATER MAIN REPLACMENT PROJECT
City of Willits Project No. 2023-08
Also made part of the Contract are the project plans titled:

Groundwater Resiliency Improvement Project
Questions regarding this project should be directed to:

Walter Kolon
Services & Facilities Director
City of Willits
111 E. Commercial St. Willits, CA 95490
Phone: (707) 459-7136
Fax: (707) 459-2481
[email protected]
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
NOTICE TO BIDDERS ........................................................................................................................................... 01 LIST OF SCHEDULED BID ITEMS ........................................................................................................................ 05 CITY OF WILLITS GENERAL PROVISIONS SECTION 01: INSTRUCTIONS TO BIDDERS

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

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

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

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

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

1.6 Bid Protests ................................................................................................................................. 12

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

1.8 Pricing .......................................................................................................................................... 13

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

1.10 Substitution Of “Or Equal” Items .................................................................................................. 14

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

1.12 Assignment .................................................................................................................................. 15

1.13 Bonds........................................................................................................................................... 15

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

2.1 Project Description ..................................................................................................................... 16

2.2 Documents Furnished by City..................................................................................................... 16

2.3 Ownership of Documents Furnished by City .............................................................................. 16

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

2.5 Pre-Construction Conference ..................................................................................................... 17 CITY OF WILLITS GENERAL PROVISIONS SECTION 03: CONTROL OF WORK AND MATERIAL

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

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

3.3 Inspection and Testing of Work and Material ............................................................................. 18

3.4 Samples Furnished by the Contractor ........................................................................................ 19

3.5 Materials and Substitutions ........................................................................................................ 19

3.6 Audit and Examination of Records ............................................................................................. 20

3.7 Advertising .................................................................................................................................. 20

3.8 Project Schedule ........................................................................................................................ 20

3.9 Construction Staking .................................................................................................................. 21 CITY OF WILLITS GENERAL PROVISIONS SECTION 04: CHANGES IN WORK

4.1 City Directed Change Orders..................................................................................................... 21

4.2 Writing Requirement ................................................................................................................... 22

4.3 Contractor Proposed Change Orders ......................................................................................... 22

4.4 All Change Orders ...................................................................................................................... 22

4.5 Change Order Pricing ................................................................................................................. 22

4.6 Liability Under Unapproved Change Orders ............................................................................... 22

4.7 Changes Subject to Contract Documents ................................................................................... 22

4.8 Change Order Disputes .............................................................................................................. 22 PART I: City of Willits General Provisions
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
CITY OF WILLITS GENERAL PROVISIONS SECTION 05: PROJECT FACILITIES

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

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

6.1 Liquidated Damages ................................................................................................................... 23

6.2 No Damage for Delay Beyond City and Contractor Control........................................................ 23

6.3 No Damage for Contractor Caused Delay .................................................................................. 24

6.4 No Damage for Other Delay ....................................................................................................... 24

6.5 Delays Caused by the City and/or Its Privities ............................................................................ 24

6.6 Weather Delays .......................................................................................................................... 25

6.7 Delay Claims .............................................................................................................................. 25

6.8 Contractor Coordination of the Work .......................................................................................... 25 CITY OF WILLITS GENERAL PROVISIONS SECTION 07: CONTRACTOR’S RESPONSIBILITIES

7.1 Eligibility ...................................................................................................................................... 25

7.2 Legal Address of Contractor ....................................................................................................... 25

7.3 Supervision of the Work ............................................................................................................. 26

7.4 Contractor's Superintendent ....................................................................................................... 26

7.5 Competent Employees .............................................................................................................. 26

7.6 Items Necessary for Proper Completion of the Work.................................................................. 26

7.7 Construction Reports .................................................................................................................. 26

7.8 Subcontracting ........................................................................................................................ 26

7.9 Insurance ................................................................................................................................. 27

7.10 Indemnities ................................................................................................................................. 28

7.11 Licenses/Permits ………………………………………………………………………………………...29

7.12 Preservation of Stakes and Marks .............................................................................................. 29

7.13 Assistance to Engineer ............................................................................................................... 29

7.14 Proof of Compliance with Contract ............................................................................................. 30

7.15 California Labor Code Requirements ......................................................................................... 30

7.16 Laws and Ordinances ................................................................................................................. 31

7.17 Cleaning Up ................................................................................................................................ 32

7.18 Guaranty ..................................................................................................................................... 32

7.19 Safety ........................................................................................................................................ 32

7.20 Assignment of Unfair Business Practice Claims ......................................................................... 33 CITY OF WILLITS GENERAL PROVISIONS SECTION 08: MEASUREMENT AND PAYMENT

8.1 Description .................................................................................................................................. 33

8.2 Payment ..................................................................................................................................... 33

8.3 Non-Allowable Direct Charges.................................................................................................... 34

8.4 Retention .................................................................................................................................... 35

8.5 Securities in Lieu of Retention .................................................................................................... 35

8.6 F.O.B. ........................................................................................................................................ 36 CITY OF WILLITS GENERAL PROVISIONS SECTION 09: PROJECT ACCEPTANCE AND CLOSEOUT

9.1 Occupancy ................................................................................................................................... 36

9.2 Work Completion and Final Inspection ........................................................................................ 36

9.3 Work Acceptance ......................................................................................................................... 36 PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
CITY OF WILLITS GENERAL PROVISIONS SECTION 10: REMEDIES AND DISPUTES

10.1 Failure to Correct Work .............................................................................................................. 37

10.2 Termination ................................................................................................................................. 37

10.3 Disputes ...................................................................................................................................... 39

10.4 Litigation and Forum Selection ................................................................................................... 41 TECHNICAL SPECS. SECTION 01: DEFINITIONS

1.1 Definitions ................................................................................................................................. 42 TECHNICAL SPECS. SECTION 02: GENERAL

2.1 Description of Work .............................................................................................................................. 43

2.2 Order of Work ....................................................................................................................................... 43

2.3 Submittals ............................................................................................................................................. 43

2.4 Hours of Work....................................................................................................................................... 44

2.5 Safety …………………………………………………………………………………………………………...44

2.6 Water for Construction and Dust Control .............................................................................................. 45

2.7 Dust Control ......................................................................................................................................... 45

2.8 Protection of Existing Facilities and Property ....................................................................................... 46

2.9 Owner Notification ................................................................................................................................ 47

2.10 Emergency Service Providers Notifications ........................................................................................ 47

2.11 Removal of Miscellaneous Items ........................................................................................................ 47

2.12 Utility Clearances ................................................................................................................................ 48

2.13 Existing Utilities................................................................................................................................... 48

2.14 Relations with the California Regional Water Quality Control Board .................................................. 49

2.15 Temporary Erosion Control ................................................................................................................. 49

2.16 Progress Schedule ............................................................................................................................. 50

2.17 Cooperation ........................................................................................................................................ 50

2.18 Obstructions ....................................................................................................................................... 51

2.19 Clearing, Grubbing, and Disposal ....................................................................................................... 51

2.20 Excavation .......................................................................................................................................... 53

2.21 Trench Excavation .............................................................................................................................. 54

2.22 Dewatering ......................................................................................................................................... 55

2.23 Drainage ............................................................................................................................................. 55

2.24 Shoring, Sheeting, and Bracing .......................................................................................................... 55

2.25 Backfilling ........................................................................................................................................... 55

2.26 Stabilization and Bedding ................................................................................................................... 58

2.27 Trench Maintenance ........................................................................................................................... 58

2.28 Disposal of Excess Material ................................................................................................................ 59

2.29 Cleanup .............................................................................................................................................. 59

2.30 Compaction Testing ............................................................................................................................ 59

2.31 Hydrostatic Testing ............................................................................................................................. 59

2.32 Flushing and Disinfecting .................................................................................................................... 60

2.33 Concrete Thrust Blocks ...................................................................................................................... 61

2.34 HMA Paving………………….…………………………………………………………………………………61 PART II: City of Willits Technical Specifications
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
TECHNICAL SPECS. SECTION 03: DETAILED DESCRIPTION OF BID ITEMS Item #1 Mobilization & Permits............................................................................................. 62 Item #2 Traffic Control/Management................................................................................... .63 Item #3 Water Pollution Control Plan……............................................................................ 65 Item #4 6" C-900 Water Main............................................................................................... 66 Item #5 6" Gate Valve ..........................................................................................................69 Item #6 Water Service 1” Complete ...................................................................................70 Item #7 Water Main Tie-in To Existing Water Main…….. .....................................................72 Item #8 Fire Hydrant Assembly……………………... ............................................................72 Item #9 Blowoff Valve ......................................................................................................….73 Item #10 6” Ductile Iron Pipe…............................................................................................ 74 Item #11 EBBA Flex Tend Fitting Assembly With Concrete Vault .......................................76 Item #12 Abandon Existing Water Line.. ............................................................................. 77 Item #13 Bridge Crossing………………………………………………………………………….78 Item #14 Curb & Gutter Restoration…………...…………………………………………………79 Item #15 Sidewalk Restoration……………………………………………………………………80 Item #16 6” Ductile Iron Pipe – Encased…………………………………………………………81 Item #17 Replace 2” Water Service & Meter…………………………………………………….84

ALTERNATIVE BID ITEMS
Item #1 Alt State Street Sewer Main replacement………………………………………………86 Item #2 Alt East Van Lane Sewer Main replacement…………………………………………...88 Item #3 Alt Madrone Street Sewer Main replacement…………………………………………..91 Item #4 Alt North Street Sewer Main replacement………………………………………………93 PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
1 CITY OF WILLITS

PUBLIC WORKS DEPARTMENT

NOTICE TO BIDDERS
PROJECT NO. 2023-08
NOTICE IS HEREBY GIVEN that Sealed bids for:

This Bid Book and Others Books that and Made part of the Contract are:

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

CITY OF WILLITS

SERVICES & FACILITIES DEPARTMENT

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

Proposal Packet For:

City of Willits
Services & Facilities Department
Steel Water Main Replacement Project - Project No. 2023-08 Example award forms for this work are included in a separate book entitled:

Example Award Packet For:

City of Willits
Services & Facilities Department
Steel Water Main Replacement Project - Project No. 2023-08 THE ENGINEER’S ESTIMATE OF PROBABLE COSTS IS: $950,120 w/contingency $863,745 without Key Dates:
 Pre-bid Meeting: June 06, 2024
 Final Questions from Bidders: June 20, 2024
 Final Addendum Issued: June 28, 2024
 Bid Opening: July 09, 2024 at 2:00pm
 Project Start Date: July 29, 2024
 Project length: 20 weeks-December 16, 2024
Interested bidders should contact the following in order to obtain a complete copy of the Bid Book, Proposal Packet, Award Packet, Contract, General Provisions, Special Provisions, and Project Plans:

Brandy Sanderson
City of Willits
111 E. Commercial St.

Willits, CA 95490
(707) 459-7143
[email protected]
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
2 .

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

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

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

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

Pursuant to Section 1773 et seq. of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD, and also from the City of Willits, Public Works Department, located at 380 E. Commercial St., Willits, CA 95490. The Federal minimum wage rates for this project that are predetermined by the United States Secretary of Labor may be examined at the offices described above.

Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of the Bid Book. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
3 Attention is directed to the Federal minimum wage rate requirements in the Bid Book. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination, otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.

A pre-bid conference is scheduled for June 06,, 2024 at 9:00 AM. on site, at the end of Sewer Plant Road, in Willits, CA. This meeting is to inform bidders of project requirements and to inform subcontractors of subcontracting and material supply opportunities. Bidders’ attendance at this meeting is MANDATORY. Minutes from the meeting will be distributed in an addendum on June 12, 2024.

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

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

Steel Water Main Replacement Project - Project No. 2023-08 The contractor shall possess a Class A California Contractors License at the time this contract is awarded.

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

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

CITY OF WILLITS: ______________________
Delores Peterson
City Clerk
DATED: ____________________
PART I, SECTION 1: INSTRUCTIONS TO BIDDERS
4 Below is a list of the scheduled bid items:

BID SCHEDULE
NO. ITEM DESCRIPTION EST.

QUANTITY UNITS
1 Mobilization, Insurance, and Permits 1 LS
2 Traffic Control/Management 1 LS
3 Water Pollution Control Plan 1 LS
4 New 6” C-900 PVC Water main 1879 LF
5 New 6” Gate Valve 8 EA
6 Replace Existing 1” Water Service & Meter 31 EA
7 Water Main Tie-in 8 EA
8 Fire Hydrant 2 EA
9 Blowoff Valve 5 EA
10 6” Ductile Iron Pipe 402 EA
11 6” EBBA Flex Tend Fitting Assembly with
Concrete Vault 2 EA
12 Abandon Existing Water Line 4 EA
13 Bridge Crossing 1 LS
14 Curb & Gutter Restoration 95 LF
15 Sidewalk Restoration 350 SF
16 6” Ductile Iron Pipe - Encased 25 LF
17 Replace 2” Water Service & meter 1 EA
NO. ITEM DESCRIPTION EST.

QUANTITY UNITS
1 ALT State Street Sewer Main replacement 1 LS
2 ALT East Van Lane Sewer Main replacement 1 LS
3 ALT Madrone Street Sewer Main replacement 1 LS
4 ALT North Street Sewer Main replacement 1 LS
PART I, SECTION 10: REMEDIES AND DISPUTES
5 PART I: CITY OF WILLITS GENERAL PROVISIONS
PART I, SECTION 10: REMEDIES AND DISPUTES
6 1.1 DEFINITIONS:
a. Bid Book: The Bid Book is comprised of the following documents and is made part of the contract:
 City of Willits General Provisions  Proposal Packet
 Notice to Bidders  Award Packet
 City of Willits Technical Specifications  City of Willits Project Plans b. Proposal Packet: The Proposal Packet is comprised of the following documents are made part of the contact. These documents are provided in a separate packet and shall be constitute your proposal. c. Award Packet: The award packet is comprised of the documents and is made part of the contract. Each bidder has received an award packet which shall serve as information only. The actual award packet will be provided to the lowest responsive, responsible bidder and said bidder shall comply with all terms and conditions set forth within.
d. Contract documents: The contract documents refer to all of the documents incorporated into the final Project contract as listed in the contract.
e. Project: The Project is the Steel Water Main Replacement Project - Project No. 2023-08 as described in the Bid Book.
 Bidders Representations  Bidder’s List of Subcontractors  Bidder’s Check List  Workers Comp. Insurance Certification  Authority to Sign Bid Proposal  Public Contract Code Section 10162 Questionnaire
 Statement of Experience of Bidder  Public Contract Code Section 10232 Statement  Contractor’s Proposal and Schedule of Bid Prices  Equal Employment Opportunity Certification  Acknowledgment of Addenda  Noncollusion Affidavit
 A Signed Copy of Each Addenda signature page
Issued During the Advertisement Period  Debarment and Suspension Certification  Bidder’s Surety Bond  Acknowledgement of Encroachment Permit  Contractor License Information  Bidder’s Inquiry Form  Contract  Insurance Endorsements *
 Contract Check List  Contractor’s Safety Plan **
 Performance Bond  IRS W-9 Reporting Form
 Payment Bond
 Construction Contract  Water Pollution Control Plan**  Certificates of Insurance *
*Form to be provided by contractor or contractor’s agencies. ** No example provided contractor responsible for document.

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

PART I, SECTION 10: REMEDIES AND DISPUTES
7 f. Project Plans: The Project Plans are the primarily graphic detailed requirements concerning the Project and they are contained in the bid package.
g. Agreement: The agreement between the City and Contractor concerning the Project, as evidenced by and comprised of the Contract Documents.
h. Designer or Engineer: Refers to the City Engineer who responsible for the Plans and Specifications and any modification thereof.
i. City: The City of Willits.
j. Contractor: The successful bidder for the Project and party to the Project agreement with the City as specified in the Project agreement.
k. Days: Days means working days of Monday through Friday; however, weekend work will be permitted with prior authorization by the City.
l. City Engineer/Services & Facilities Director: The City’s authorized representative for administration and overall management of the Project agreement and Work. The City Engineer or designee is the official point of contact between the City and the Contractor.
m. Project Inspector: The party or parties charged by the City with inspecting the Work for compliance with the requirements of the Contract Documents and applicable laws and regulations. The Project Inspector acts under the direction of the City and shall coordinate with the City Engineer as directed by the City in accordance with the Contract Documents.
n. Subcontractor: A person, firm or corporation that is obligated as a party to a contract with the Contractor to perform part of the Project work. For purposes of these General Provisions Subcontractors include, but are not limited to, those that are obligated as parties to a contract with the Contractor to specially fabricate and install a portion of the Project Work according to the Technical Specifications and/or Project Plans. o. Work: The furnishing of all equipment, tools, apparatus, facilities, material, labor and skill necessary to perform and complete in a good and workmanlike manner the Project as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law. p. Written Notice: Will be deemed to have been duly served for purposes of these General Provisions and any agreement of which they are a part if delivered in person to the individual or to a member of the firm or to any office of the corporation for whom the notice is intended, or if sent by registered or certified mail to the last known business address known to the party giving notice. Unless otherwise specified in the Contract Documents, the last known address of the Contractor shall be that listed in the Contractor’s completed Proposal and Schedule of Bid Prices.
q. Technical Specifications: The detailed Project requirements contained in the Bid Package and any addenda to the Technical Specifications signed by authorized City representatives and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor in accordance with the requirements of the Contract Documents. The Technical Specifications provide detailed requirements concerning the Project PART I, SECTION 10: REMEDIES AND DISPUTES
8 and any technical provisions related thereto. The Technical Specifications are part of the contract documents and they are contained in the bid package.

1.2 BIDDER'S REPRESENTATIONS:

Each bidder by submitting a bid represents that:
a. Bidder has thoroughly examined and carefully studied the all documents and other related data identified in the bidding documents.
b. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the work. c. Bidder is familiar with and is satisfied with all Federal, State, and Local laws and regulations that may affect cost, progress, and performance of the Work.
d. Bidder has obtained and carefully studied (or accepts the consequences for not doing so), all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions of surface and subsurface at or contiguous to the Site, which may affect cost, progress, or performance of the work. Bidder understands all aspects related to the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying said means, methods, techniques, sequences and procedures of construction as specified by the bidding documents, and agrees to take the safety precautions and programs related thereto.
e. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work, at the price(s), and within the times, and in accordance with all terms and conditions of the bidding documents. f. Bidder is aware of the general nature of work to be performed by City and all others at the site that relate to the work as indicated in the bidding documents.
g. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the bidding documents, and all additional examinations, investigations, explorations, tests, studies, and data with the bidding documents. h. Bidder has given City or representative of City, written notice no later than seven (7) working days prior to bid opening, of all conflicts, errors, ambiguities, or discrepancies, that bidder has discovered in the bidding documents, and the written resolution thereof by City or representative of City, is acceptable to Bidder. i. The bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this bid is submitted. j. Bidder will submit written evidence of its authority to do business in the state where the project is located not later than the date of its execution of the contract. k. This Sealed Bid is submitted to: The City of Willits, 111 East Commercial St., Willits, CA 95490 No later than 2 PM on July 09, 2024.

PART I, SECTION 10: REMEDIES AND DISPUTES
9 l. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with City under the terms outlined in the contract which was included in the bidding documents. Bidder also agrees, to perform all work as specified or Indicated in the bidding documents for the prices, and within the times indicated in this Bid, and in accordance with all other terms and conditions delineated in the general conditions, special conditions, technical specifications, project plans, and all applicable laws.

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

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

1.3 PRE-BID COMMUNICATION / INTERPRETATION OF THE BID PACKAGE:
a. Any bidder that discovers any apparent conflicts, errors, or ambiguities contained in the bid package or between the contents of the bid package and the Project site, or that has questions or requires clarification concerning the bid package or its intent must inform the City in writing as soon as reasonably possible, but no later than June 20, 2024. Such notice to the City must be directed to for questions concerning the bid package. Questions received after the deadline will not be answered.
b. Any interpretation, correction, or change of the bid package prior to bid opening will be made by addendum, signed by an authorized representative of the City, and transmitted to all Bid Book recipients. All questions must be received in writing and bidders MUST use the Bidder’s Inquiry form provided in the back of the Proposal Packet to submit questions.
c. Bidder’s Inquiry Form should be either emailed, faxed, or mailed to:

Attention: Brandy Sanderson
111 E. Commercial St. Willits, CA 95490
Email: [email protected]
Fax: (707) 459-7126
PART I, SECTION 10: REMEDIES AND DISPUTES
10 d. No other interpretation or information concerning the Bid Book issued prior to the date specified for opening bids will be binding. All addenda signed by an authorized representative of the City and issued prior to the time and date specified for opening bids will form a part of the contract documents and must be acknowledged on the bid forms. Any changes, exceptions, or conditions concerning the Project and/or the bid package submitted by any bidder as part of a bid may render that bid non-responsive.

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

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

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

Telephones for use by bidders are not available at the City offices. b. In accordance with California Public Contract Code Section 20170, bids must be presented under sealed cover. Bids must be submitted using the bid forms furnished with the Proposal Packet. Bids must include all documents listed in the Bidder’s Check List completed in accordance with the bid package. Bids must bear the bidder’s legal name and be signed by a representative legally authorized to bind the bidder. Bids must be typed or written in ink.

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

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

1.6 BID PROTESTS:
a. Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening.
b. The initial protest must contain a complete statement of the basis for the protest. c. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

PART I, SECTION 10: REMEDIES AND DISPUTES
12 d. The party filing the protest must concurrently transmit a copy of the initial protest to the proposed awardees. e. The party filing the protest must have actually submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
f. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
g. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

1.7 AWARD:
a. In accordance with applicable law, the City reserves the right to reject any or all bids, and to waive any informality in any bid. The City reserves the right to accept any portion of any bid, unless the bid package expressly provides that the award will be made as a whole. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid without consideration of the bid price for any additive or deductive alternate items listed in the Notice to Bidders. In accordance with the contract documents and other applicable law, the City may add or deduct items of work from the Project after the lowest responsible bidder is determined. The award, if made, will be made within thirty (30) days after the opening of the bids, or such other time as agreed to in writing. b. The successful bidder must submit to the City complete, executed copies of all documents specified in the Contract Checklist within fourteen (14) calendar days of receiving written Notice of Award of the Project.

After execution by the City, one copy shall be filed with the City, and one copy shall be returned to Contractor. A Bidder’s security of any successful bidder that fails to do so will be forfeited to the City. c. The successful bidder and any subcontractors and others engaged in performance of the Project must have valid local business license(s), as applicable, before commencing work on the Project. d. The low bid shall be based on the combined prices for Base Bid plus Bid Alternate. All, portions, or none of the Bid Alternate items may be awarded at the City’s discretion as specified in Section 1.7.a above. e. Upon verifying that the successful bidder has provided complete, executed copies of all documents specified in the Contract Checklist an authorized City representative will execute the Project contract, and the City will issue to the successful bidder a Notice to Proceed, specifying the Project commencement date. The number of days within which the Project must be complete begins on Month xx, 2024.

PART I, SECTION 10: REMEDIES AND DISPUTES
13 1.8 PRICING:
a. If an inconsistency exists between the amount listed for a unit price in a bid and the total listed for that bid item (e.g., if the total listed for a bid item does not equal the unit price listed in the bid multiplied by the quantity listed), subject to applicable law, the unit price will be deemed to accurately reflect the bidder’s intent concerning the bid item and the intended total for the bid item will be deemed to be the unit price as listed in the bid multiplied by the quantity listed.
b. If the Project bid price is a lump sum total made up of smaller individual bid item prices and an inconsistency exists between the lump sum total bid price and any individual bid item price, subject to applicable law, the individual bid item prices as listed in the bid will be deemed to accurately reflect the bidder’s intended bid for the Project and the intended lump sum total bid for the Project will be deemed to be the sum of the individual bid item prices as listed in the bid, even if that sum is different from the amount actually listed as the lump sum total bid for the Project. c. Any federal, state, or local tax payable on articles to be furnished for the Project shall be included in the lump sum total bid price and paid by the Contractor under the contract. The City is exempt from federal excise tax and will provide a certificate of exemption to the successful bidder upon request.

1.9 QUANTITIES:
a. Quantities, including but not limited to, material or labor quantities, that are provided in the Proposal Book and Bid Book concerning the Project are estimates only and are provided solely as a general indication of the Project scope.

The City does not warrant that such quantity estimates provided in the bid package represent the actual quantities required to perform the Project in accordance with the contract documents. Such quantity estimates do not bind the City, and bidders should not rely on them in preparing their bids. Each bidder is solely responsible for determining the quantities on which to base their bids in light of information contained in the bid package, bidder investigation and analysis of the Project and the Project site, and any other analysis or expertise of the bidder concerning the Project. b. The City may amend, decrease, or increase the Project work in accordance with the Bid Book and the contract documents. If the City amends, decreases, or increases the Project work prior to award of the Project each bidder will be solely responsible for determining the revised quantities, if any, on which to base their bid in light of information contained in the Bid Book and any amendments or addenda to the Bid Book, bidder investigation and analysis of the Project as amended, decreased or increased, the Project site, and any other analysis or expertise of the bidder concerning the Project.

1.10 SUBSTITUTION OF “OR EQUAL” ITEMS:
a. In accordance with California Public Contract Code Section 3400, where the Technical Specifications or Project Plans list products by manufacturer's name, brand or model number such information indicates the quality and utility of the items desired and does not restrict bidders to that manufacturer's name, brand or model number, unless the Technical Specifications or Project plans specify that the listed product is necessary to match others in use on a particular public improvement either completed or in the course of completion. Except where the Technical Specifications indicate that a particular brand product is necessary to match others in use, when a manufacturer’s name, brand or model number is listed, it shall be construed to be followed by the words "or equal" whether or not those words in fact follow the manufacturer’s name, brand name or model number listed in the Technical Specifications or Project Plans. Unless the Technical Specifications or Project Plans indicate that a particular brand product is necessary to match others in use, bidders may propose equals of products listed by manufacturer name, brand name or model number.
b. Complete information for products proposed as equals must be submitted to the City for review at least seven (7) working days before the time specified for opening bids. To be considered, proposals concerning products proposed PART I, SECTION 10: REMEDIES AND DISPUTES
14 as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer’s name, brand or model number.

Such performance requirements may include, but are not limited to, size, strength, function, and appearance, ease of maintenance and repair, and useful life requirements. Proposals concerning products proposed as equals that are submitted less than seven (7) working days before the time specified for opening bids will not be considered.

Failure to bid products specified by manufacturer name, brand name or model number where the Technical Specifications or Project Plans specify that a particular product is necessary to match others in use, or where no proposal concerning products proposed as equals has been submitted in accordance with this provision may render a bid non-responsive.

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

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

1.13 BONDS:
a. The successful bidder must submit to the City a performance bond within fourteen (14) calendar days of receiving written Notice of Award. If the Project involves expenditures in excess of twenty-five thousand dollars ($25,000), the successful bidder must submit to the City a payment or labor and materials bond within fourteen (14) calendar days of receiving written Notice of Award. Prior to issuance of the final Project payment, the successful bidder must submit a defective material and workmanship bond. All bonds must be executed by corporate sureties who are admitted surety insurers in the State of California in accordance with applicable law and acceptable to the City. Individual sureties will not be accepted. All Project bonds must be executed using the forms provided in the Proposal Book. b. In accordance with California Civil Code Section 3247, the payment or labor and materials bond must be in the amount of one hundred percent of the total amount payable by the terms of the Project contract and guarantee payment to persons listed in California Civil Code Section 3181 for work performed and for charges for materials, supplies, and equipment provided under the Project contract (including amounts due under or subject to the Unemployment Insurance Code) in accordance with the requirements of California Civil Code Section 3248.

PART I, SECTION 10: REMEDIES AND DISPUTES
15 c. The performance bond must be in the amount of one hundred percent of the amount payable by the terms of the Project contract to guarantee the faithful performance of the Project work. d. The defective material and workmanship bond must be in the amount of five percent of the final Project contract amount and guaranty the Project work against defects in materials, equipment, workmanship, or needed repair for two years from the City’s acceptance of the Project work.

1.14 LABOR LAWS:
a. Bidders must comply with applicable provisions of the California Labor Code. b. In accordance with California Labor Code Section 1861, bids must include a worker’s compensation insurance certification on the form included in the bid package.
c. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project. d. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed.

In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Project is to be performed for each craft, classification or type of worker needed to perform the Project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City offices and will be made available on request.
e. In accordance with California Labor Code Section 1777.1, contractors and subcontractors that are found guilty of willfully violating Chapter 1 of Part 7 of Division 2 of the Labor Code (except for Section 1777.5), or that are found guilty of such violations with intent to defraud, and entities in which such contractors or subcontractors have any interest, may be ineligible to bid on, be awarded, or perform Project work as a subcontractor.

2.1 PROJECT DESCRIPTION:
a. The work for this project includes the replacement of approximately 2281 linear feet of existing water main with New 6” C-900 PVC and New 6” Ductile Iron Pipe, installation of new water services and meters, installation of fire hydrants, installation to new 6” gate valves, and trench paving.
b. The Alternate Bid includes the replacement of XXXX lineal feet of existing sewer main with new 8” SDR-35 PVC pipe, including 48” sewer manholes, 4” laterals, tie-ins to existing sewer manholes and private laterals, and trench paving.

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

PART I, SECTION 10: REMEDIES AND DISPUTES
16 2.3 OWNERSHIP OF DOCUMENTS FURNISHED BY CITY:
a. All documents furnished by the City, including, but not limited to, the Technical Specifications, Project Plans, and any copies, are the property of the City. Documents furnished by the City may not to be used on any other work. All documents furnished by the City must be returned to City upon completion of the Work.

2.4 TECHNICAL SPECIFICATIONS AND PROJECT PLANS:
a. The Technical Specifications and Project Plans are complementary and intended to mutually describe the Work necessary to complete the Project in accordance with the Contract Documents. b. In general, the Project Plans indicate dimensions, position and kind of construction, and the Technical Specifications indicate qualities and methods. Any Work indicated on the Project Plans and not mentioned in the Technical Specifications or vice versa must be furnished as though fully set forth in both. Work that is not particularly detailed, marked, or specified shall be the same as similar Work that is detailed, marked, or specified. The Contractor must furnish items necessary for the operation of equipment depicted in the Project Plans or specified in the Technical Specifications that are suitable to allow such equipment to function properly at no extra charge. c. All work shown on the Project Plans, the dimensions of which are not figured, shall be accurately followed to the scale which the plans are made, but figured dimensions in all cases to be followed, where given, though they differ from scaled measurements. Large-scale plans shall be followed in preference to small-scale plans. d. The Contractor must notify the City Engineer as soon as possible of any apparent errors or inconsistencies, including, but not limited to, typographical or notational errors in the Project Plans, Technical Specifications, and/or in work done by others affecting the Work. The City Engineer will issue instructions concerning any such apparent errors or inconsistencies. If the Contractor proceeds with Work impacted by apparent errors or inconsistencies without instructions from the City Engineer, the Contractor shall do so at its sole risk and shall have all of the obligations and the City shall have all of the rights and remedies specified in Section 12 concerning any resulting damage or defect. e. The General Provisions apply with equal force to all of the Work, including extra work authorized by the City Engineer in accordance with the Contract Documents. The Contractor must submit any required shop diagrams and/or drawings by the times and in the quantities indicated in the Technical Specifications. Any such shop diagrams and/or drawings must show completely the Work to be done, expanding on the Project Plans concerning details not previously shown, field conditions and the condition of the Work. City Engineer review of such shop diagrams and/or drawings will concern conformance with the requirements of the Contract Documents only. The City Engineer assumes no responsibility for the correctness or accuracy of the dimensions or any other contents of any shop diagrams and/or drawings submitted by the Contractor. The Contractor must check all dimensions at the Work site.

Shop diagrams and/or drawings must be clearly marked with the name of the Project and the name of the Contractor, subcontractor or supplier making the submittal, and must be stamped and signed by the Contractor and submitted under a signed transmittal letter from the Contractor certifying that all dimensions have been checked at the Work site. These requirements are mandatory. The City Engineer will not review shop diagrams and/or drawings that do not satisfy these requirements. The Contractor will be responsible for any and all discrepancies between dimensions of the actual Project site and/or Work and those shown on shop diagram and/or drawings submitted by the Contractor, and for any other errors contained in or resulting from such shop diagrams and/or drawings, including, but not limited to, errors in material and/or equipment quantities and any resulting errors, delays or additional cost in the performance of the Work. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in Section 10 concerning any discrepancies or errors in shop diagrams and/or drawings submitted by the Contractor, and concerning any resulting errors, delays or additional costs in the performance of the Work.

PART I, SECTION 10: REMEDIES AND DISPUTES
17 2.5 PRE-CONSTRUCTION CONFERENCE:
a. Prior to the issuance of the Notice to Proceed, a mandatory pre-construction conference will be held at the City of Willits Engineering Office at 380 E. Commercial St., Willits, CA 95490 at time to be agreed upon by the City Engineer and Contractor. The meeting shall be for purpose of discussing with the Contractor the scope of work, Contract drawings specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major subContractors.

3.1 CITY ENGINEER’S STATUS:
a. The City Engineer will administer the Project in accordance with the Contract Documents. After execution of the agreement and issuance of the Notice to Proceed, all correspondence and/or instructions concerning the Project between the Contractor and/or City shall be forwarded through the City Engineer. Except as otherwise provided in the Contract Documents, the City Engineer will not be responsible for and will not have control or charge of construction means, methods, techniques, or procedures or for safety precautions in connection with the Work. The City Engineer, however, will have authority to reject materials and/or workmanship that do not conform to the requirements of the Contract Documents. The City Engineer will also have the authority to require inspection or testing of the Work.

3.2 ENGINEER’S STATUS:
a. The Engineer will advise the City Engineer concerning decisions on all claims of the Contractor and all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer will also advise the City Engineer concerning Work that does not conform to the Contract Documents. Whenever, in the Engineer’s opinion, it is necessary or advisable in accordance with the Contract Documents, the Engineer may recommend to the City Engineer inspection or testing of the Work, whether or not such Work is then fabricated, installed or completed.

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

The materials furnished and used shall be new, except as may be provided elsewhere in these Specifications or the Plans. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the Plans and Specifications. Manufacturers’ warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the City Engineer before commencement of the work.
c. Samples and Tests: Sampling and testing shall be the responsibility of the City for all initial materials testing; however, the Contractor will be responsible for any failed tests. All testing shall conform to the City’s QAP and the Plans and Specifications.

PART I, SECTION 10: REMEDIES AND DISPUTES
18 d. At the option of the City Engineer, the source of supply of each of the materials shall be approved by the City Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the City Engineer. e. All tests of material furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these Specifications and the City’s QAP.
f. The Contractor shall furnish such samples of materials as are requested by the City Engineer, without charge. No material shall be used until it has been approved by the City Engineer. Samples will be secured and tested whenever necessary to determine the quality of material as required in the City’s QAP.

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

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

3.6 AUDIT AND EXAMINATION OF RECORDS:
a. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor’s business office at or near the Work site, and at any other location where such Project related data may be kept until three years after final payment under the Agreement.

Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of $10,000, this Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City, or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

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

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

PART I, SECTION 10: REMEDIES AND DISPUTES
20  Failure to Submit Schedule: If the Contractor fails to submit schedules within the time periods specified in this Section, or submit a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents.
 Responsibility for Schedule: The Contractor will be solely and exclusively responsibility for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, it the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City’s review of the schedule will not place scheduling obligation on the City.

3.9 CONSTRUCTION STAKING:
a. Construction Staking: The City of Willits will provide one set of stakes for the following construction items at no additional cost to the contractor:
1) Alignment stakes at 50’ intervals
4) Offset stakes for valves and horizontal fittings.
5) Cutsheets listing stake numbers, elevations, and cut or fill.

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

Any additional staking desired by the contractor not described above will be the responsibility of the contractor and shall conform to “Contractor Provided Staking" below. a. Contractor Provided Staking:
1) The Contractor shall employ a licensed Land Surveyor or Engineer to perform construction staking. The Contractor will be responsible for coordinating his work with the Surveyor and for all costs associated with construction staking and layout. 2) Contractor shall provide “cutsheets” for the Engineer to review and use in checking grades. Finished grades shall be within 0.01 feet in elevation and 0.03 feet horizontal layout.
3) Full compensation for Contractor Provided Staking shall be considered as included in the prices paid for the various items of work involved, and no additional allowance will be made therefore.
b. The Contractor may request additional staking by the City at a rate of $150/hour (to be deducted from the project cost by change order) in lieu of employing a private Land Surveyor or Engineer. The City reserves the right to deny requests for additional staking.

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

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

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

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

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

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

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

4.8 CHANGE ORDER DISPUTES:
a. Disputed City Directed Change Orders: If the Contractor disputes a City directed change order following a reasonable effort by the and the Contractor to resolve the dispute including, at a minimum, a meeting between appropriate PART I, SECTION 10: REMEDIES AND DISPUTES
22 representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City directed change order, whichever is later. In performing Work consistent with a disputed City-directed change order pursuant to this provision the Contractor will have all of the Contractor’s rights concerning claims pursuant to the Contract Documents and applicable law. b. Disputed Contractor Proposed Change Orders: If the City disputes a Contractor proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute the Contractor must continue performing the Work irrespective of and unmodified by the disputed change order.

In continuing to perform the Work, the Contractor will retain all of the Contractor’s rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor-proposed change order or other amendment do not excuse the Contractor’s obligation to perform the Work in accordance with the Contract Documents excluding such Contractor-proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents.

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

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

6.1 LIQUIDATED DAMAGES:
a. Time is of the essence in the Agreement. The contract time for this project is 42 calendar days for the Base Bid.

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

6.2 NO DAMAGE FOR DELAY BEYOND CITY AND CONTRACTOR CONTROL:
a. The Contractor will not be held responsible for delays in performance of the Work caused by delay beyond the control of both City and Contractor, such as by strikes, lockouts, or labor disturbances that are not within the control of the contractor to resolve, lack or failure of transportation, or acts of other government entities. This provision will not apply where the delay would not have occurred but for a previous contractor caused delay in the prosecution of the Work. The City will not be liable to the Contractor, any subcontractor or other entity engaged in the performance of the Work, any supplier, or any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays beyond the control of the City and the Contractor including but not limited to fires, floods, epidemics, abnormal weather conditions, earthquakes and acts of God or acts or neglect by utility owners or other contractors performing other work, or (ii) delays caused by the City, its officials, officers, employees, agents, or volunteers, which delays are reasonable under the circumstances involved and/or are within the contemplation of the City and the Contractor. An extension of the Time for Performance in an amount equal to the time loss due to such delay(s) will be the Contractor's sole and exclusive remedy for such delay(s).

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

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

6.5 DELAYS CAUSED BY THE CITY AND/OR ITS PRIVITIES:
a. Either the City or the Contractor may propose a change in the Time for Completion for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute change order proposals subject to Section 4. In accordance with Section 4, the City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing is in anticipation of cost impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts in accordance with the Agreement and any applicable, approved change orders only to the extent the PART I, SECTION 10: REMEDIES AND DISPUTES
24 Contractor actually incurs the anticipated cost impacts. Notwithstanding anything to the contrary in Section 4, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts.

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

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

6.8 CONTRACTOR COORDINATION OF THE WORK:
a. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor shall at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the Work site. The Contractor will adjust, correct, and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the Work site. b. If any part of the Work depends for proper execution or results upon the work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other Work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City’s or other contractor's Work as fit and proper. c. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade shall be part of the Work except where stated otherwise.
d. The Contractor will provide proper facilities at all times for access of the City, Designer, and other authorized City representatives to conveniently examine and inspect the Work.

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

PART I, SECTION 10: REMEDIES AND DISPUTES
25 7.2 LEGAL ADDRESS OF CONTRACTOR:
a. Both the address given in the proposal and Contractor’s office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to Contractor shall be deemed sufficient service thereof upon Contractor, and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon Contractor personally.

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

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

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

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

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

7.8 SUBCONTRACTING:
a. By executing the Agreement, the Contractor certifies that no subcontractor included on the list of proposed subcontractors submitted with the Contractor’s bid is ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109(a), subcontractors who are ineligible to perform work on public works projects pursuant to California Labor PART I, SECTION 10: REMEDIES AND DISPUTES
26 Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on the Work. In accordance with California Public Contract Code Section 6109(b), any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. The Contractor will ensure that no debarred subcontractor receives any public money for performing the Work, and any public money that may have been paid to a debarred subcontractor for the Work is returned to the City. The Contractor will be responsible for payment of wages to workers of a debarred subcontractor who has been allowed to perform the Work. b. The Agreement and the performance of the Work are subject to the requirements of the Subletting and Subcontracting Fair Practices Act codified at California Public Contract Code Section 4100 and following. If the Contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the Work in excess of onehalf of 1 percent of the Contractor’s total bid, the Contractor agrees that the Contractor is fully qualified to perform that portion of the Work with the Contractor’s own forces, and that the Contractor will perform that portion of the Work with the Contractor’s own forces. If after award of the Agreement the Contractor subcontracts, except as provided for in California Public Contract Code Sections 4107 or 4109, any such portion of the Work, the Contractor will be subject to the penalties set forth in California Public Contract Code Sections 4110 and 4111, including cancellation of the Agreement, assessment of a penalty of up to 10 percent of the amount of the subcontract, and disciplinary action by the Contractors State License Board.
c. No contractual relationship exists between the City and any subcontractor engaged in performance of the Work, and no action may be brought by any subcontractor against City based on this contract. d. Incorporation of Contract Documents: The Contractor must incorporate the Contract Documents in each contract with a subcontractor engaged in the performance of the Work.  The Contractor will be solely responsible for any delay or additional costs incurred as a result of its failure to provide adequate or accurate project information to a subcontractor that results in improper submittals and/or work, or time or other impacts is the sole responsibility of the Contractor.  The Contractor will have all of the obligations and the City will have all of the remedies that are specified in Section 10.
e. Coordination of Subcontract Work: The Contractor is responsible for scheduling the Work of subcontractors so as to avoid delay or injury to either Work or materials.

7.9 INSURANCE:
a. All required insurance shall be provided in the form of “per occurrence” type policies underwritten by admitted insurers in the State of California with a rating of A or better from the current year Best Rating Guide. All policies must be issued at the expense of the Contractor and must be maintained at the Contractor’s expense throughout the performance of the Work.
b. The Contractor and any subcontractors engaged in performance of the Work must secure payment of workers compensation in accordance with California Labor Code Section 3700 and other applicable law. The Contractor must verify that all Subcontractors comply with this requirement. c. Within fourteen (14) calendar days following Notice of Award the Contractor must submit to the City along with executed copies of all other documents specified in the Award Book. Insurance Certificates of insurance and endorsements evidencing that the Contractor has in effect and will maintain throughout the performance of the Work the following kinds and amounts of insurance:

PART I, SECTION 10: REMEDIES AND DISPUTES
27  Worker’s Compensation Insurance: Workers Compensation and Employers Liability insurance as required by any applicable law, regulation, or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it. Such insurance must cover the full liability of the Contractor. The Contractor’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per claim.
 Commercial General Liability and Automobile Liability Insurance: Coverage for liability because of Bodily Injury and property Damage including, but not limited to the following coverage:
 Ongoing Operations
 Completed Operations and Products Liability
 Bodily Injury
 Personal Injury
 Broad Form Property Damage Liability
 Contractual Liability insuring the obligations assumed by the Contractor under the Contract Documents
 Automobile Liability, including owned, non-owned and hired automobiles  Coverage for the XCU hazards of Explosion, Collapse and Underground  Cross Liability Clause (or equivalent wording)
d. The limits of the insurance required will be at least:
 Comprehensive General Liability
Bodily Injury Liability: $2,000,000 ea. occurrence
$2,000,000 ea. aggregate or 2 x per
occurrence
Property Damage Liability: $2,000,000 ea. occurrence
$2,000,000 ea. aggregate
 Comprehensive Automobile Liability
Bodily Injury Liability: $2,000,000 ea. person
$2,000,000 ea. occurrence
Property Damage Liability: $2,000,000 ea. occurrence
Commercial Umbrella Policy: $2,000,000
 Commercial Umbrella Policy: The insurance carrier may require that the contractor obtain an umbrella policy. This policy is to insure losses above and beyond the General liability, Employers liability, and auto liability limits.
e. The insurance furnished by the Contractor must be primary and non-contributory and in the amount of any loss. f. For each insurance policy required under the Agreement, the Contractor must provide endorsements that add the City as an additional insured. Such endorsements must: provide that the insurance required to be furnished by the Contractor will be primary as regards the City, and that the City’s insurance will be excess of and not contribute to the insurance required to be furnished by the Contractor; that the City will receive 30 day written notice of any reduction or cancellation of such insurance required to be furnished by the Contractor; and include a severability of PART I, SECTION 10: REMEDIES AND DISPUTES
28 interest clause acceptable to the City. Said endorsement shall be at least as broad as Insurance Services Office form number CG2010 (Ed. 11/85).

7.10 INDEMNITIES:
a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any or all loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work (“Claims”). b. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees, volunteers, agents and the City Engineer and Designer for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.
c. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability.
d. Approval of the Contractor’s certificates of insurance and/or endorsements does not relieve the Contractor of liability under Sections 8-1.08 or 8-1.09 of the State Standard Specifications. The Contractor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred. The Contractor will promptly pay any judgment rendered against the City, its officials, officers, employees, agents, volunteers, or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees.
e. In accordance with California Civil Code Section 2782(a), nothing in the Agreement will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design furnished by City. In accordance with California Civil Code Section 2782(b), nothing in the Agreement will be construed to impose on the Contractor or to relieve the City from liability for the City’s active negligence. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indemnity requirements of the Contract Documents, which are material elements of consideration.

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

PART I, SECTION 10: REMEDIES AND DISPUTES
29 7.12 PRESERVATION OF STAKES AND MARKS:
a. The Contractor shall preserve carefully benchmarks, reference points, and stakes, and in case of willful or careless destruction the Contractor will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

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

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

7.15 CALIFORNIA LABOR CODE REQUIREMENTS:
a. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under the Agreement. b. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the Work is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. c. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the Work is to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Public Works Department and shall be made available on request.

The Contractor and subcontractors engaged in the performance of the Work shall pay no less than these rates to all persons engaged in performance of the Work. d. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the Work must comply with Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the Work that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner. The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each working day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the Work is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefor unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:

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

7.16 LAWS AND ORDINANCES:
a. The Contractor and all subcontractors engaged in the performance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the Technical Specifications or Project Plans is to be construed to permit Work not conforming to these codes:

PART I, SECTION 10: REMEDIES AND DISPUTES
31  National Electrical Safety Code, U. S. Department of Commerce  National Board of Fire Underwriters' Regulations
 California Building Standards Code as adopted by the City  Manual of Accident Prevention in Construction, latest edition, published by  A.G.C. of America
 Industrial Accident Commission's Safety Orders, State of California  Regulations of the State Fire Marshall (Title 19, California Code of Regulation) and Applicable Local Fire Safety Codes
 Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies.

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

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

7.19 SAFETY:
a. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work.

Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work. b. Review and inspection by the City, the City Engineer, the Designer or Engineer, and/or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor’s PART I, SECTION 10: REMEDIES AND DISPUTES
32 obligations under the Contract Documents and applicable law to ensure that the Work site is maintained and the Work is performed in a safe manner.
c. The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law.
d. Within fourteen (14) calendar days following Notice of Award the Contractor must submit to the City a copy of the Contractor’s Safety Plan.
e. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the Work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property.

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

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

8.2 PAYMENT:
a. By the 20th calendar day of each month, or prior to this date if the 20th falls on a weekend or holiday, Contractor will submit to the City Engineer a verified application for payment and schedule of values supported by a statement showing all materials actually installed during the preceding month and the cost of labor actually expended in the performance of the Work. Unless otherwise provided in the Contract Documents, no allowances or payments will be made for material or equipment not placed at the Work site. b. To be eligible for payment the Contractor’s applications for payment must include certified payroll reports prepared in accordance with California Labor Code Section 1776 and the Agreement for each employee of the Contractor and any subcontractors engaged in the performance of the Work during the preceding months.

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

8.3 NON-ALLOWABLE DIRECT CHARGES:
a. The following costs are not allowable direct charges under the Agreement. These costs may only be paid under the Agreement, if at all, as part of any allowance for contractor overhead and/or profit established under the Agreement:
 Labor costs in excess of applicable prevailing wages pursuant to the Agreement and applicable law, liability and workers compensation insurance, social security, retirement and unemployment insurance PART I, SECTION 10: REMEDIES AND DISPUTES
34 and other employee compensation and benefits pursuant to bona fide compensation plans in effect at the time specified for the opening of Project bids for contractor and subcontractor employees engaged in the performance of the Work. However, in no event will allowable direct labor charges under the agreement include employee bonuses, employee vehicles or vehicle allowances, employee telephones or telephone allowances, or employee housing or housing allowances, whether or not such benefits are part of a bona fide compensation plan in effect at the time specified for the opening of Project bids.
 Superintendent labor and clerical labor.
 Bond premiums
 Insurance in excess of that required under Section 7.9  Utility costs
 Work Site office expenses
 Home office expenses.

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

8.5 SECURITIES IN LIEU OF RETENTION:
a. In accordance with Public Contract Code Section 22300, except where federal regulations or polices do not permit substitution of securities, the Contractor may substitute securities for any moneys withheld by the City to ensure performance of the Work. At the Contractor’s request and expense, securities equivalent to the amount withheld will be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, who will then pay those moneys to the Contractor under the terms of an Escrow for Security Deposit agreement. The Escrow for Security Deposit agreement is provided in the Contract Documents. Upon satisfactory completion of the Work, the securities will be returned to the Contractor.

PART I, SECTION 10: REMEDIES AND DISPUTES
35 b. Alternatively, at the Contractor’s request and expense, the City will pay retentions earned directly to the escrow agent. At the Contractor’s expense, the Contractor may direct investment of the payments into securities. Upon satisfactory completion of the Work, the Contractor will receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City pursuant to this provision and the terms of the Escrow for Security Deposit agreement.

The Contractor will, within 10 days of receipt of payment, pay to each subcontractor the respective amount of interest earned, less costs of retention withheld from each Subcontractor, on monies withheld to ensure the Contractor’s performance of the Work.
c. Securities eligible for investment in accordance with this provision include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. d. The Contractor will be the beneficial owner of any securities substituted for moneys withheld and will receive any interest thereon.

8.6 F.O.B.:
a. All shipments must be F.O.B. destination to the Work site and/or other sites indicated in the Contract Documents. The Contract Price is all-inclusive (including sales tax). There shall be no additional compensation paid for containers, packing, unpacking, drayage or insurance.

9.1 OCCUPANCY:
a. The City reserves the right to occupy or use any part or parts or the entire of the Work before the Work is fully performed.

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

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

9.3 WORK ACCEPTANCE:
a. All finished Work will be subject to inspection and acceptance or rejection by the City, the City Engineer, and the Designer or other government agencies having jurisdiction over the Work. Final acceptance of the Work will be at the discretion of the City. The Work must be accepted by vote of the City Council of City of Willits when the whole shall have been completed satisfactorily.

PART I, SECTION 10: REMEDIES AND DISPUTES
36 b. The City will accept the Work in writing only when the Work has been completed to the City’s reasonable satisfaction.

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

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

The City may, in addition to all other remedies that the City may have under the Agreement and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the contractor.

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

PART I, SECTION 10: REMEDIES AND DISPUTES
37 b. If the City intends to terminate the Contractor’s control of the Work for any of the reasons specified in Section

10.2.a from above, the City will immediately serve written notice to the Contractor and its sureties in accordance with the Contract Documents. Notice of the City’s intent to terminate the Agreement will be given by registered or certified mail and specify the grounds for termination, the required cure and the time by which the cure must be effected. Upon receipt of notice of the City’s intent to terminate the Agreement for any of the reasons specified in this Section 10, the Contractor will have ten (10) days from receipt of the notice or a longer time specified in the notice to cure its default. If the Contractor does not affect the required cure by the time specified in the notice, the City will issue a written notice of termination to the Contractor and its sureties by registered or certified mail. The notice of termination will specify: that upon receipt of the notice the Contractor’s right to perform or complete the Work, including on behalf of the Contractor’s sureties, is terminated; that the Contractor’s sureties will have the right to take over and complete the Work and perform all of the Contractor’s remaining obligations that have accrued under the Agreement; and that if the Contractor’s sureties do not both give the City written notice of their intention to take over and perform the Agreement and commence completion of the Work and performance of all of the Contractor’s remaining obligations that have accrued under the Agreement within ten (10) days after receipt of notice of termination that the City may declare the Contractor’s sureties in default and take over the completion of the Work or have the Work completed for the account and at the expense of the Contractor and its sureties, and the Contractor and its sureties will be liable to the City for any resulting excess cost. The City may, in addition to all other available remedies that the City may have under the Contract Documents and at law or equity, deduct any such excess cost of completing the Work from amounts that are due or that may become due the Contactor.
c. Upon termination of the Contractor’s control of the Work for any of the reasons specified in this Section 10, the Contractor will, if so directed by the City, immediately remove from the Work site any and all materials and personal property belonging to the Contractor which have not been incorporated in the Work and the Contractor and its sureties will be liable upon their bond for all damages caused the City by reason of the Contractor's failure to complete the Work.
d. Upon termination of the Contractor’s control of the Work for any of the reasons specified, the City reserves the right to refuse tender of the Contractor by any surety to complete the Work. e. If the City completes or has completed any portion of, or the whole of the Work, following termination of the Contractor’s control of the Work for any of the reasons specified in this Section 10, the City will neither be liable for nor account to the Contractor or the Contractor’s sureties in any way for the time within which, or the manner in which such Work is performed, or for any changes made in such Work or for the money expended in satisfying claims and/or suits and/or other obligations in connection with completing the Work.

If, following termination of the Contractor’s control of the Work for any of the reasons specified, the unpaid balance of the Contract Price exceeds the expense of completing the Work, including compensation for additional legal, managerial and administrative services and all other amounts due for the completion of the Work and/or satisfaction of claims of the City and/or others arising out of the Agreement and any other charges that apply to the Contractor under the Agreement, the difference will be paid to the Contractor. If such expenses of completing the Work exceed the unpaid balance of the Contract Price, the Contractor or its sureties will pay the difference to the City.
f. If the Agreement or Contractor’s control of the Work is terminated for any reason, no allowances or compensation will be granted for the loss of any anticipated profit by the Contractor. g. In accordance with California Government Code Section 4410, in the event a national emergency occurs, and public work being performed by contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of an order or a proclamation of the President of the PART I, SECTION 10: REMEDIES AND DISPUTES
38 United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work, then the City and the Contractor may, by written agreement, terminate the Agreement. In accordance with California Government Code Section 4411, such an agreement will include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any, which either party will pay to the other or any other person, under the facts and circumstances in the case. Compensation to the Contractor will be determined on the basis of the reasonable value of the work done, including preparatory work. As an exception to the foregoing, in the case of any fully completed separate item or portion of the Work for which there is a separate contract price, the contract price shall control. The parties may in any other case adopt the contract price as the reasonable value of the work or any portion of the work done.

10.3 DISPUTES:
a. In accordance with California Public Contract Code Section 20104.2, the following procedures apply to claims of $375,000 or less between the Contractor and the City:
 The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.  For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor.
 If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor.  The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.  For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventyfive thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have against the Contractor.
 If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor.  The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
 If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

PART I, SECTION 10: REMEDIES AND DISPUTES
39  Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
 This section does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
 In accordance with California Public Contract Code Section 20104.4, the following procedures apply to civil actions to resolve claims of $375,000 or less between the City and the Contractor:
 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.  If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.  Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.  In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.  The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
b. 10.03-2. In accordance with California Public Contract Code Section 20104.6:
c. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

PART I, SECTION 10: REMEDIES AND DISPUTES
40 d. In any suit filed under Public Contract Code Section 20104.4 concerning this contract, the City shall pay interest at the legal rate on any arbitration award or judgment. Such interest shall accrue from date the suit was filed.

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

PART II, SECTION 1: DEFINITIONS
41 PART II: CITY OF WILLITS TECHNICAL SPECIFICATIONS
PART II, SECTION 1: DEFINITIONS
42 1.1 DEFINITIONS:

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

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

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

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

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
43 This section contains work items that are considered general to the construction contract and not separate payment items.

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

2.1 DESCRIPTION OF WORK:

Base Bid
a. The work for this project includes the replacement of approximately 2281 linear feet of existing water main with New 6” C-900 PVC and New 6” Ductile Iron Pipe, installation of new water services and meters, installation of fire hydrants, installation to new 6” gate valves, and trench paving.

Bid Alternate
b. The work for the additional Bid Alternate portion of the project includes replacement of approximately XXXX lineal feet of existing sewer main with 8” SDR 35 PVC, including tie ins to existing sewer manholes and private laterals, removal and disposal of existing sewer main and structures, and trench paving.

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
44 d. When required by individual specification sections, provide shop drawings signed and sealed by the professional engineer responsible for designing components shown on shop drawings. i. Include signed and sealed calculations to support design. ii. Submit drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction.
iii. Make revisions and provide additional information when required by authorities having jurisdiction. e. Test Report: When specified in individual specification sections, submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents.
f. Product Data: When specified in individual specification sections, submit product data to Owner/Engineer for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. g. Certificates: When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Owner/Engineer. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner/Engineer.
h. Manufacturer’s Instructions: When specified in individual specification sections, submit manufacturer’s instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to Owner/Engineer. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation.

2.4 HOURS OF WORK:
a. The Contractor shall restrict his hours of work to 7:00 a.m. to 6:00 p.m. Monday through Friday, excluding Holidays unless previously authorized by the City.

2.5 SAFETY:
a. The Contractor shall at all times conduct his work in accordance with Construction Safety Orders of the Division of Industrial Safety, State of California, to insure the least possible obstruction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
45 b. All no access way(s) shall be closed to the public without first obtaining permission of the City Engineer.

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

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

2.7 DUST CONTROL:
a. Attention is directed to the provisions in Section 10, "Dust Control," of the State Standard Specifications. b. Dust Mitigation Measures:
i. All dust-producing work and unpaved construction sites shall require at a minimum watering in the late morning and at the end of the workday; the frequency of watering shall be increased if dust is mobilized by wind.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
46 ii. Contractor shall maintain dust control to the satisfaction of the City Engineer, seven (7) days a week, 24 hours per day.
iii. The City Engineer at his discretion may require sprinkling at any time or place. iv. Full compensation for conforming to the provisions of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

2.8 PROTECTION OF EXISTING FACILITIES AND PROPERTY:
a. Protection of existing facilities shall conform to Section 15-1.02, “Preservation of Property,” of the State Standard Specifications and these Technical Specifications. The Contractor shall notify Underground Service Alert (USA) for marking the locations of existing underground facilities. b. The Contractor shall take all necessary measures to avoid injury to existing surface and underground utility facilities in and near the site of the work. No error or omission of utility markouts shall be construed to relieve the Contractor from his responsibility to protect all underground pipes, conduits, cables or other structures. The Contractor shall indemnify the City and hold it harmless from any and all claims, demands, or liability made or asserted by any person or entity on account of or in connection with any damage to such surface or underground facilities caused by the Contractor or any of his agents or subcontractors c. The existing underground facilities in the area of work may include telephone, television and electrical cables, gas mains, water mains, sewer pipe and drainage pipe. The various utility companies shall be notified before trenching begins and at such other times as required to protect their facilities. Underground facilities shall be located and exposed ahead of trenching to prevent damage to the facilities, and to determine the depth and character of all facilities that cross or infringe on the trench prism. The Contractor shall immediately notify the City Engineer of any facilities found. If damage should occur to the existing facilities, the utility company and the City shall be notified immediately and repairs acceptable to the utility company shall be made at the Contractor’s expense.
d. Attention is directed to the provisions in Section 7-1.11, “Preservation of Property,” and Section 12-1.06, “Preservation and Protection of Trees and Plantings,” of the State Standard Specifications and these Technical Specifications.
e. Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor in accordance with the requirements in Section 20-4.07, “Replacement”, of the State Standard Specifications.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
47 f. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

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

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

2.11 REMOVAL OF MISCELLANEOUS ITEMS:
a. Various items shown on the plans to be removed will be completely removed and disposed of.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
48 b. No separate payment shall be made for the various items to be removed unless specified and listed in the Bid Schedule.
c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
49 2.14 RELATIONS WITH THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD:
a. This location is within an area controlled by the Regional Water Quality Control Board. The Contractor shall fully inform himself of all rules, regulations, and conditions that may govern operations in said area and shall conduct work accordingly.
b. The Contractor shall comply with the regulations of the North Coast Regional Water Quality Board and the discharge prohibitions and guidelines pertaining to construction activities listed on pages 1-5-7 through 1- 5-9 of the Water Quality Control Plan North Coastal Basin dated April, 1975 and shall comply to all further amendments to said plan made by the North Coast Regional Water Quality Board. c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

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

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

2.17 COOPERATION:
a. Attention is directed to Sections 7-1.14, "Cooperation" and 8-1.10, "Utility and Non-Highway Facilities," of the State Standard Specifications and these Technical Specifications. b. Other forces will be engaged in installing or in making adjustments to or in relocating various utility or other non-highway facilities throughout the project.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
51 c. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.18 OBSTRUCTIONS:
a. Attention is directed to Sections 8-1.10, “Utility and Non-Highway Facilities” of the State Standard Specifications and these Technical Specifications.
b. Attention is directed to the existence of overhead and underground power, telephone, and television cable poles, underground sewer mains and laterals, underground gas mains, and underground water mains and laterals within the area in which construction is to be performed. c. Prior to starting work, the Contractor shall (a minimum of 2 working days in advance) call Underground Service Alert (USA), toll fee, at (800) 642-2444 and provide USA with all necessary data relative to the proposed work. USA will accept calls and process information to participating agencies who have underground facilities in the area between the hours of 7:30 a.m. and 5:00 p.m. daily, except Saturdays, Sundays, and holidays. Between the hours of 5:00 p.m. and 7:30 a.m. calls will be recorded and then processed after 7:30 a.m. For emergency situations, after hours and on Saturdays, Sundays and holidays, the Contractor shall contact the organization owning the affected facility. Upon notification, agencies having facilities in the area of the proposed excavation will mark their locations in the field using USA standard colors and codes to identify the facility.
d. The Contractor will be required to work around public and private utility facilities and other improvements that are to remain in place within the construction area and he will be held liable to the owners of such facilities or interference with service resulting from his operations. e. Any delays claimed by the Contractor as a direct result of the utility facilities not being rearranged as provided will not be recognized nor will any delays be considered right-of-way delays within the meaning of Section 8-1.09, “Right-of-Way Delays”, of the State Standard Specifications, except that any such delays will entitle the Contractor to an extension of time as provided in Section 8-1.07, “Liquidated Damages”, of the State Standard Specifications. The Contractor shall immediately notify the City Engineer of such delays. f. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed.

2.19 CLEARING, GRUBBING, AND DISPOSAL:
a. The work to be done under this section consists of clearing or removing obstacles preventing the construction or installation of contract items.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
52 b. Existing power and telephone lines, trees, fences, pipelines or other conduits, railroad lines, embankments, and structures in the vicinity of the work shall be supported and protected from injury by Contractor during the construction and until the completion of the work. Contractor shall be liable for all damages to such structures, as herein provided, and shall save and keep Owner and Engineer harmless from any liability or expense for injuries, damages, or repairs to those structures. Full compensation for clearing and grubbing activities shall be included in the bid prices paid for the specific bid construction item involved and no additional payment shall be made therefor.

Preservation of Property:
c. Contractor shall minimize damage to shrubs, trees, plants, grass and structures during the course of the work. Before removing any tees, tree roots, large shrubs, or structures, Contractor shall obtain prior permission from City Engineer. No additional trees, large shrubs or structures shall be removed or damaged without prior written permission from City Engineer. Before initiation of clearing and grubbing operations, Contractor shall meet at the work site with Owner and Engineer to determine the extent and details of clearing and grubbing operations.
d. In areas where trees or shrubs may be damaged by construction equipment, Contractor shall provide protective fencing, padding on trunks, tie-back branches or take other necessary actions to prevent damage to trees, shrubs, or other vegetation. Damage to trees and shrubs shall include, but will not be limited to:
bark damage to trees
breakage of branches on trees or shrubs
breaking or tearing of roots
spilling toxic materials near the root zones
spraying toxic materials on foliage
fire damage to foliage and branches
 compaction of root areas under the drip line or damage by fill or storage of materials over the root zone
foot or vehicular damage on low shrubs and groundcover Environmental Requirements:
 Any burning shall be in accordance with applicable laws.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
53  Contractor shall obtain the required permits concerning disposal of materials produced during clearing and grubbing. Contractor shall make his/her own arrangements for disposing of materials produced from clearing and grubbing. If excavation or construction materials or equipment are to be stored on private property, written permission must be obtained from the property owner granting permission and absolving City of all responsibility for the consequences of such activity.
 Avoid unnecessary removal or damage of shrubs, trees, and grass during the work.

Removal:

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

2.20 EXCAVATION:

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

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
54 Should rock excavation be encountered, it shall be the responsibility of Contractor to have an experienced powder man handle all blasting and be able to furnish proof of Contractor's credentials. Contractor shall also inform all residents in the vicinity of proposed blasting activities and Contractor shall be responsible for any damage to persons or property.

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

2.21 TRENCH EXCAVATION:

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

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

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

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

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
55 2.22 DEWATERING:

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

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

2.23 DRAINAGE:

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

2.24 SHORING, SHEETING, AND BRACING:

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

2.25 BACKFILLING:
a. Bedding & Backfill Materials:

1. Slurry Cement Backfill:

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

2. Class II aggregate base:

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
56 3. Bedding and cover material:

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

Sieve Size Percent Passing
1 inch 100
¾ inch 87 - 100
No. 4 30 - 65
No. 30 5 - 35
No. 200 0 - 12

4. Stabilization material:

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

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

5. Imported backfill
Imported backfill material shall be free of all organic materials, rubbish, debris, and other objectionable materials. Rocks, boulders and other material must meet the following limitations:
 The minimum dimension of any piece used shall be six (6) inches.  Pieces larger than four (4) inches shall not be placed within twelve (12) inches of any structure.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
57  Pieces larger than three (3) inches shall not be placed within twelve (12) inches of the subgrade for paving.
 "Nesting" of pieces will not be permitted.
• Unless otherwise specified, the relative compaction of all fill and backfill shall be ninety percent (90%).

The cost of importing, installing, screening, compaction, disposal and all other activities involved with importing backfill material shall be considered as included in the bid prices paid for each specific item and no additional compensation shall be made.
b. Backfill Procedures:
 Trenches shall not be backfilled until City Engineer has inspected and approved the pipe installation and jointing as being in compliance with the requirements of plans and specifications and until concrete in masonry structures or encasements have attained a proper strength. No backfill shall be made with frozen material.
 Where trenches cross roads, streets, or driveways, backfilling shall be completed immediately following excavation and inspection. No trenches across roads shall remain open overnight. All crossings shall be backfilled, compacted and open to traffic at the end of each day's work. Major road crossings shall be excavated and backfilled in half widths of the traveled way so that at least one-half of the roadway is open to controlled traffic at all times during the work.  Under existing and proposed roadways, to a distance of ten (10) feet on either side of the road, bedding and backfill materials shall be carefully deposited in layers not more than six (6) inches thick, loose measurements, wetted to optimum moisture content and mechanically compacted to at least 95 percent of the maximum density as determined by Section 26 of the Standard Specifications, Test Methods 231 and 216. The upper twelve (12) inch layer forming the subgrade for pavements, which are to be replaced, shall be compacted to a density of at least ninety-five percent (95%).  Where pavements and roadways are not involved, compaction shall be as outlined above to a depth of 1-1/2 feet above the pipe. Above this point the excavation material shall be placed in layers not to exceed six (6) inches and compacted to a density of at least ninety percent (90%).  Wherever trenches have not been properly filled, or if settlement occurs, they shall be reopened to the depth required for proper compaction and refilled and recompacted as approved by City Engineer.  Along all portions of the trenches the ground shall be graded uniformly and mounded over the trenches and left in a uniform and neat condition.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
58 2.26 STABILIZATION AND BEDDING:

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

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

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

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

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

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

Water pipe bedding material shall be self-compacting sand, free of all fines, and conforming to Section 2.25 of these specifications.

2.27 TRENCH MAINTENANCE:

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
59 2.28 DISPOSAL OF EXCESS MATERIAL:

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

Excess trench material shall be removed promptly and disposed of elsewhere by the Contractor at his own expense. The Contractor shall not dump material on any private property without the permission of the owner thereof.

2.29 CLEANUP:

Upon completion of the work, the entire site shall be cleared of all debris, and ground surfaces shall be finished to smooth, uniform slopes and shall present neat and workmanlike appearance. Unpaved streets/driveways shall be graded to the satisfaction of City Engineer. Ditch lines shall be graded and reshaped to preconstruction condition. Disturbed earth shall be reseeded with a mixture of native grasses and/or wildflowers. Cleanup will not be paid for separately, but shall be considered as subsidiary to and a part of the cost for the applicable contract bid item.

2.30 COMPACTION TESTING:

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

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

2.31 HYDROSTATIC TESTING:

Water pipes, fittings, valves and hydrants shall be subjected to a hydrostatic pressure test of a minimum 150 psi, at every point in the pipe being tested. The duration of the test shall be at least two (2) hours. All service lines shall be tested at existing distribution system pressures. Prior to hydrostatic testing the water pipe trench backfill shall be compacted to a minimum depth of six (6) inches over the pipe barrel.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
60 Allowable Leakage in U.S. Gallons per Hour
Allowable leakage = D x N x T
7,400
Where: D = Pipe diameter in inches
N = Number of joints
T = Square root of the test pressure in psi
Leakage is defined as the quantity of water to be supplied into the newly constructed water system, or any valved section thereof, necessary to maintain the specified test pressure.

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

The water pipe and appurtenances shall not exceed the allowable leakage requirements during the test period. Contractor shall be required to provide all materials, equipment, and labor necessary to pressure test the water pipes.

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

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

2.32 FLUSHING AND DISINFECTING:

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

All water pipes shall be disinfected with chlorine solution, having active available chlorine concentration of fifty (50) parts per million. The pipe shall be maintained full of solution under normal operation pressure for a twenty-four (24) hour contact period.

The residual chlorine solution at the end of the twenty-four (24) hour disinfecting period shall be not less than ten (10) parts per million at representative point in the pipe. Upon completion, the water pipe shall be flushed until the residual chlorine is not greater than 1.0 parts per million. The method of disinfecting the water pipes and the chlorination materials in accordance with AWWA C601-A1 shall be subject to the approval of the City. The preferred chlorination method is to install AWWA approved chlorine tablets with no stabilizers to the top of the pipe with an AWWA approved adhesive.

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

Disinfecting of all associated structures and appurtenances shall be considered incidental to disinfecting of the pipe, and shall not be paid for separately.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
61 2.33 CONCRETE THRUST BLOCKS:

Concrete thrust blocks shall be provided at all bends, tees and valves as established and sized as shown on the drawings.

The concrete shall have a minimum twenty-eight (28) day compression strength of 3000 pounds per square inch. Each thrust block shall be poured against undisturbed earth. Install #4 rebar ties on valves and vertical bends. Wrap all fittings with visquene prior to placing concrete
Removal of concrete shall comply with Section 2.11

2.34 HMA PAVING:

Hot mix asphalt level course shall be placed according to Details 4 & 5, Sheet 9 of the project plans, at a thickness of four inches (4”). Aggregate shall be Type A, 1/2” maximum, medium for the asphalt concrete paving course.

Asphalt concrete pavement and the placing thereof shall conform to the requirements of Section 39, "Asphalt Concrete," of the City Standards and shall be compacted to no less than 93% unless otherwise approved by the City Engineer.

A minimum of two weeks prior to the placement of any asphaltic concrete, the Contractor shall notify the City Engineer of which asphalt plant will be used to supply the mix and submit design mix information for approval. For any job, asphalt concrete shall be supplied from a single plant, unless approved otherwise by the City Engineer.

Asphalt binder to be mixed with aggregate for asphalt concrete surface, leveling, base, or open graded courses shall be Performance Grade (PG) 64-16, or as specified by the engineer at the time of paving.

Liquid anti-stripping agent (LAS) shall be added to the asphalt binder at a rate of 0.5% by weight of asphalt binder. The LAS shall be AD-here LOF 65-00 or equivalent, and shall be stored, measured, and blended with the asphalt binder in accordance with the anti-stripping agent manufacturer’s recommended practice. The LAS can be added at the asphalt plant or at the refinery. When added at the asphalt plant, the equipment shall indicate and record the amount of LAS added. The shipping ticket from the refinery shall certify the type and amount of LAS added.

The asphalt concrete mixture, for asphalt concrete surface and asphalt concrete base, shall conform to the following requirements:
 Minimum tensile strength ratio (TSR) of 70, and a minimum dry tensile strength of 65 pounds per square inch, based on California Test Method 371.

Prior to placement of new asphalt concrete, the Contractor shall clean the existing asphalt concrete surface in accordance with Section 39-4 of the State Standard Specifications. All traffic stripes and pavement markings shall be removed unless otherwise directed by the City Engineer or City representative. Traffic stripes and pavement markings shall be removed by sandblasting or grinding and shall not materially damage the existing pavement. Where grinding is used, grinding of the pavement surface shall be limited to a maximum depth of 1/16”. Removal of pavement markers shall conform to the provisions of Sections 15-2.02C of the State Standard Specifications and these Technical Specifications. Residue from PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
62 the removal of traffic stripes, pavement markings, and pavement markers shall be swept or vacuumed from the street surface and disposed of immediately after removal. Residue shall not be allowed to enter the storm drain system or creeks and roadside ditches. Disposal shall be performed in accordance with Section 7-1.13 "Disposal of Material Outside the Highway Right of Way," of the State Standard Specifications.

A tack coat, as specified in Section 39 of the State Standard Specifications, shall be applied to all mating surfaces along lip of gutter and at conforms to existing pavement prior to placement of new asphalt concrete. Tack coat shall be diluted SS1 or CSS1, or undiluted RS-1 or CRS-1 type asphalt emulsion.

It is recommended that the contractor furnish a pneumatic tired roller to be used for intermediate rolling. The amount of asphalt binder to be mixed with the aggregate will be specified by the City Engineer at the time of paving.

A drop-off of more than 0.15-foot will not be allowed at any time on paved surfaces open to public traffic. Attention is directed to Section entitled, "Traffic Management" of these Technical Specifications.

At any time during the first 12 months from the time of placement of the asphalt concrete, the surface shall be visually inspected by the City. If signs of stripping of binder from aggregate or loss of aggregate is apparent, the City will core the asphalt concrete surface. The core samples will be tested for TSR. Asphalt concrete with a TSR less than 70 shall be remediated as required by the City Engineer.

Section 03 - DETAILED DESCRIPTIONS OF THE BID ITEMS
The following section contains detailed descriptions and measurement and payment of bid items:

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

Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for Mobilization, Insurance, and Permits for any Bid Alternates awarded shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate Measurement & Payment: Payment for this item shall be on a lump sum basis. Payment for this item shall be in accordance with Section 2 of the State of California, Business and Transportation Agency, Department of Transportation (Caltrans), Standard Specifications, latest edition and include all work as defined in this section. No additional compensation will be allowed.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
63 ITEM #2 - TRAFFIC CONTROL/MANAGEMENT
Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12 "Construction Area Traffic Control Devices," of the State Standard Specifications. Nothing in these Technical Specifications shall be construed as relieving the Contractor from his responsibilities as provided in said Section 7-1.09.

Construction area traffic control devices shall be installed and maintained in accordance with the applicable sections of these Technical Specifications, the State Standard Specifications, the current edition of the Manual of Traffic Controls for Construction and Maintenance published by Caltrans, and as directed by the City Engineer.

Exact locations of Project Identification signs and Advance Notice signs (Section 7-1.08 "Public Convenience") shall be approved in the field by the City Engineer.

The Contractor shall notify all property owners and businesses affected by the project’s work at least 72 hours before work is to begin. The notice shall be in writing, placed on doors and shall indicate the Contractor’s name and phone number, type of work, day(s) and time when work will occur. Property owners and residents directly affected by construction activities, or where vehicle or pedestrian access to properties is disrupted, shall be given specific notice no less than 48 hours prior to the commencement of work. Notice shall be reviewed by the City Engineer prior to being sent.

Project site streets may be closed to through traffic during construction with and adequate and approved detour plan. Flaggers or other personnel will still be needed to maintain access to residents and property owners within the construction area.

The Contractor shall keep the City of Willits and all Emergency Services informed regarding the closure of any traveled way.

At a minimum, the Contractor shall report any traveled way closure. This means immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies.

The contractor will be required to maintain vehicular access to homes and other properties where work is in progress within the closure area.

Barricades and flaggers shall be positioned to allow safe turns at intersections.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way, including any section closed to public traffic.

The Contractor shall notify the City Engineer of intent to begin work at least 5 days before work is begun. The Contractor shall coordinate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area clear of parked vehicles.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
64 Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment.

A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the City Engineer.

When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

If a complete road closure is not approved, a minimum of one traffic lane, not less than 10 feet wide, shall be open for use by public traffic. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic.

Minor deviations from the requirements of these Technical Specifications concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the City Engineer has indicated his written approval. All other modifications will be made by contract change order.

At the end of each working day if a difference in excess of 0.15 foot exists between the elevations of the existing pavement between lanes, the Contractor shall furnish and place portable delineators along the drop-off conforming to the provisions of Section 12-3.04, "Portable Delineators" of the State Standard Specifications. "Do Not Pass" signs shall also be placed at 500 foot intervals when delineators and signs shall be considered as included in the various items of work and no additional compensation will be allowed.

Whenever the Contractor's operations obliterate pavement delineation (lane lines, either pavement markers or painted lines or both, or temporary delineation), such pavement delineation shall be replaced by either permanent or temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curves nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made.

Construction Traffic - The Contractor shall submit a trucking route for approval by the City Engineer. The route must minimize traffic on residential streets that are not part of the project. Temporary staging of construction materials shall not occur in streets or areas that are not within the limits of the project which are to be paved.

Flagging - The first paragraph of Section 12-2.02, "Flagging Costs," of the State Standard Specifications is amended to read:

The cost of furnishing all flaggers, including transporting flaggers, to provide for passage of public traffic through the work under the provisions in Section 7-1.08, "Public Convenience", and Section 7-1.09, "Public Safety", shall be considered as included in the contract lump sum price paid for Traffic Control and no additional compensation will be allowed.

Attention is directed to Section 5-1.05, “Order of Work,” of the State Standard Specifications.

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 the Manual of Traffic Controls published by Caltrans in lieu of a traffic control plan, in specific work operations, he shall submit PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
65 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 ten (10) working 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. In the event that the Contractor wishes to deviate from the approved traffic control plan, an updated plan must be submitted and approved by the City before work can commence.

Measurement & Payment: Payment for this item shall be on a lump sum basis, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in traffic control, including, but not limited to:
producing and implementing a traffic control plan, flagging, temporary relocation of regulatory signs, temporary ramps and traffic plates as required by the City Engineer, communication with affected residents and all agencies listed under the Traffic Management section of the Technical Specifications, and any other work defined in this section. Changeable Message Signs maybe be required at the City’s discretion, depending on work and traffic control plan. Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for under the Traffic Control bid item. No additional compensation will be allowed.

Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for Traffic Control/Management for any Bid Alternates awarded shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate ITEM #3 - WATER POLLUTION CONTROL PLAN
Attention is directed to the provisions in Section 7-1.01G, “Water Pollution”, of the State Standard Specifications and these Technical Specifications.

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
66 Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways, and other bodies of water, and shall consist of constructing those facilities which may be shown in the plans, specified herein or in the Technical Specifications, or directed by the City Engineer.

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

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

Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for Water Pollution Control Plan for any Bid Alternates awarded shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate Measurement & Payment: Payment for this item shall be on a lump sum basis, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in producing and implementing a Storm Water Pollution Prevention Plan, including all requirements defined in this section and the biological mitigation measures defined in section 2.35 of the special provisions. No additional compensation will be allowed.

ITEM #4 - 6” C-900 WATER MAIN
All new PVC C-900 water pipe shall conform to the following specification.

Pipe and fittings:

PVC Pipe:

Water pipe material shall be AWWA C-900 CL 235 PSI (DR18) polyvinyl chloride (PVC) pipe. Furnish pipe in minimum standard lengths of 20 feet ± 1 inch.

All pipe shall be suitable for use as pressure conduit. Provisions must be made for expansion and contraction each joint with an elastomeric ring. The bell shall consist of an integral wall section with a lock-in, solid cross section elastomeric ring which meets the requirements of ASTM F-477. The bell section shall be designed to be at least as hydrostatically strong as the pipe wall and meet the requirements of AWWA C-900. The pipe shall be free of physical damage, discoloration and foreign substances. Each length shall bear, in written form NSF Certification, Class 235 pressure rating, DR 18, and AWWA C-900 conformance.

Restraint Devices for PVC Pipe shall incorporate a series of machined serrations (not "as cast") on the inside diameter to provide positive restraint, exact fit and 360˚ contact and support of the pipe wall. Restraint Devices shall be manufactured of high strength ductile iron, ASTM A536, Grade 65-45-12. Bolts/connecting hardware shall be of high strength low alloy material in accordance with ANSI/AWWA C111/A21.11.

All Restraint Devices for PVC Pipe shall have a water working pressure rating equivalent to the full rated pressure of the PVC Pipe on which they are installed, with a minimum 2:1 safety factor in any normal pipe size. In addition, they shall meet or exceed the requirements on Uni-B-13-92, Recommended Performance Specification For Joint Restraint Devices For Use With PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
67 Polyvinyl Chloride (PVC) Pipe. Notarized certification from the manufacturer of the restraint device shall be provided with submittals. Restraint Devices for Mechanical Joint or Push-On fittings shall be Uni-Flange Block Buster 1300 or approved equal.

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

Restraint Devices for bell and spigot joints of PVC pipe shall be Uni-Flange Block Buster 1350 or approved equal.

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

Laying of Pipe:

Each section of pipe shall rest upon undisturbed earth, or compacted bedding materials with recesses excavated to accommodate joints. In all cases the pipe shall be laid so that total joint deflection is not greater than that for which the joint is designed. Any pipe that has its grade or joint disturbed after laying shall be taken up and re-laid. The interior of all pipe shall be thoroughly cleansed of all foreign matter before being lowered into the trench and shall be kept clean during laying operations by use of plugs or other approved devices. Under no circumstances shall pipe be laid in water and no pipe shall be laid when trench or weather conditions are unsuitable for such work. At all times when work is not in progress, all open ends of pipe and fittings shall be securely closed with plugs or caps so that no trench water, earth or other substances will enter the pipe or fittings.

Any section of pipe already laid and found to be defective shall be taken up and replaced with new pipe without additional expense to City. Contractor shall backfill all excavation by the end of each work day.

All pipe shall be laid to the depth shown on the drawings, or at such other depths as may be established by Engineer in order to connect the new pipe to the existing water pipe. In general, the pipe shall be laid to a depth to provide for a cover of at least thirty-two (32) inches over the top of the pipe unless otherwise specified.

Joints with pipes of differing materials shall be made with appropriate adapters approved by Engineer, but in no case shall threading of the PVC pipe wall be allowed. All pipe shall be installed per manufacturer's recommendation. If lowering or raising of water main alignment is determined to be necessary to avoid conflicts, construction shall conform to City Standards (see Standard Details 528 & 529) and California Water Resources Control Board guidelines.

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

No. 10 coated solid copper location wire. The wire shall be taped to the top of the installed pipeline and brought to surface in valve boxes. Any breaks to location wire during construction activities shall be repaired by either crimp type connectors or soldering and sealed with water proof electrical tape.

Existing pipes shall be abandoned whenever a pipe is encountered and severed, or as directed by an authorized City representative per Detail 6, Sheet 9, of the Plans and City Standard 312.

Connection to Existing Pipe:

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
68 Connection shall be made at times of low water demand. The time and method of connection to existing water pipe shall be approved by City representative prior to such connection. The disruption of water service shall be for as short a period as possible.

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

Notification shall conform to Section 2.9 of these specifications.

Trenching and Backfilling:

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

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

Bedding material shall be sand conforming to Section 2.25 of these specifications.

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

Trench Paving:

Trenches shall be resurfaced according City Standard Detail 300 of the project plans. Asphalt shall be a minimum of 4” deep.

Where repaving is necessary over trench sections, 1/2” asphalt concrete mix shall be used in accordance with Section 2.34.

Trench sections shall be covered completely with cutback or temporary HMA at the end of each work day. Contractor is responsible for maintaining temporary paving to the satisfaction of the City Engineer until final paving is completed. Steel trench plates may only be used to cover the trench at the pipe end. Cold mix asphalt concrete shall be placed at each edge of the trench plate.

Submittals:

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

Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for coordinating work in this section with work associated with a Bid Alternate shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate.

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price per linear foot. Asphalt trench resurfacing shall be as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to installing 6” C-900 PVC pipe as described in this section and shown on the plans, including but not limited to:
 Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Elbows, couplers, tees, reducers and other fittings as needed,  Provision and installation of valves, temporary valves, fittings, bends, sleeves, etc.,  Abandoning existing pipes as necessary,
 Temporary water main bypasses if necessary,
PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
69  Temporary pavement,
 Trench paving per these specifications,
 Installation of new pipe to line and grade
 Installation of insulated tracer wire,
 Thrust blocks and tie-downs as required,
 Flushing and disinfection of new pipe,
Pressure testing of new pipe
No additional compensation will be allowed.

ITEM #5 - 6” GATE VALVE
New 6” valve installation shall conform City Standard No. 501 as outlined in plans. Valves shall be resilient wedge gate valves. Construction standards shall conform to City Standard No. 500. Gate valves shall be of cast iron body construction, bronze mounted, with two (2) inch square operating nut, 150 psi operating pressure, non-rising stems and conform to AWWA Specification C509, manufactured by Mueller or approved equal. Any variation must be approved by the City.

All valves shall be appropriately sized and with the correct connectors for the type of pipe in use or approved equal.

Valve Boxes:

All valve boxes shall be Christy G5 valve box or approved equal. Valve boxes shall be constructed in accordance with the standard detail drawing shown on the plans. Lids shall be cast iron traffic marked "WATER" for gate valves.

Approved valve boxes shall be firmly supported, centered and set plumb over the wrench nut of the valve with the valve box cover flush with the surface of the existing ground, or at such other level as may be directed by City representative. A concrete collar shall be poured around the top of the valve box as shown on the drawings and marked clearly to show the direction of the pipeline.

Submittals:

Submittals confirming conformance with these specifications are required for valves and valve boxes. Required submittals shall include Test Reports and Product Data.

Measurement & Payment:

This item will be paid for at the contract price per valve, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in installing valves as defined in this section, including but not limited to:
 Excavation,
 Foundation,
 Mounting,
 Furnishing and placing valve box and riser to grade,
 Fittings,
 Thrust blocks,
 Provision and installation of 6” gate valves
No additional compensation will be allowed.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
70 ITEM #6 – REPLACE EXISTING 1” WATER SERVICE & METER
Any 1” water service connection will be paid for under this Bid Item. New 1” water service and new meter shall conform to City Standards and Project Plans.

Meters will be provided by the City, but Contractor will be responsible for installation. Contractor will also be responsible for providing all fittings and other parts necessary to install and connect meter.

All meter apparatus shall be centered and spaced with the meter boxes to facilitate easy reading from the reader lid opening and also to allow easy operation of both shutoff valves.

The locator wire shall be soldered to the main locator wire and sealed with a waterproof material. A locator wire shall visibly terminate within each box. New meter services shall be connected with new customer service lines to be provided by the Contractor and included in the new service bid item at no additional cost.

The Contractor shall coordinate the exact location of the new meters with the Public Works Department of the City of Willits.

Water meters placed in unimproved areas shall be located on the water main side of any fence or obstruction that would hinder access to the meter. Any existing water meter that does not meet these criteria shall be relocated to meet this requirement.

Pipe Saddles for service line connections shall be double strap, brass, for C.I.O.D. mains, Model 202B-1438-Tap (12") and Model 202B-750-Tap (6") as manufactured by Ford Meter Box Company, Inc. or approved equal.

Corporation Stops shall be Ballcorps Model FB500, MIP x MIP as manufactured by Ford Meter Box Company, Inc. or an approved equal. Provide Mueller Insta-Tite or approved alternate for connection to service line. Corporation Stops shall be installed at a 90-degree angle to the trench.

Angle Meter Stop shall be Model J-1966-w/Lock Wing as manufactured by James Jones Company, or approved equal.

Water Meter shall be 5/8” HR-E Cold Water Bronze Disc Meter Model BR25 manufactured by Badger Meter, Inc. with ORION CE endpoint, which records usage in cubic feet, or approved equal. Meters shall conform to ANSI/AWWA Standard C700, comply with ANSI/NSF Standard 61, and have a maximum operating pressure of 150 PSI and a maximum continuous operating flow of 15 gallons per minute.

Check Valve shall be brass Model HS38-323 F Meter x MIP as manufactured by Ford Meter Box Company, Inc. or approved equal.

Customer shut-off valve shall be brass Model #B-103 as manufactured by Stockham, or approved equal. Valve shall be located as close to the meter as possible.

Service pipe shall be 1” Polyethylene (PE) pipe manufactured by Yardley or Westflex, Class 200 SDWR IPS SDR9 ASTM D-2239 or approved equal. Special care shall be used in installing service lines to insure that nominal 32" bury depth is attained throughout the length of line. Tubing connection at the main shall be provided with a partial "U" bend to allow for pipe flexing and for protection from pullout if another excavator should dig into the pipe.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
71 New service lines shall be coupled to existing services by connectors compatible with the existing pipe material. Where services and meters are being relocated, additional plumbing will be required to connect to the existing service from the new meter location. All necessary materials to make these connections shall be provided by the contractor and included in the price for this item.

Meter Box:

Meter box shall be concrete. Meter Box shall be concrete single service and shall be Model Christy B16 with B16- G reader lid, or approved equal. Meter boxes shall be set level, with the top of the meter box flush with finished grade in improved areas.

The top of the meter box shall be 2" above grade in unimproved areas and set in Class II Aggregate Base.

Meter box shall be set so that the lid is 12” above the top of the meter, as shown on the project plans.

Restoration:

In unimproved areas, surrounding ground shall be graded and restored to the previously existing condition.

Asphalt restoration shall conform to the “Trench Paving” section of Item 4 of these specifications and the project plans.

Asphalt restoration and all related work is included in this bid item.

Concrete restoration shall be paid separately under Item 11 of these specifications.

Submittals:

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price for each. Service connections originating from the long (north) side of the water main will be paid for under this Bid Item. Asphalt trench resurfacing shall be as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall be full compensation for furnishing all labor, equipment, tools, related fittings and appurtenances to install new water services and meters (including new meter boxes), including but not limited to:
 Trenching, boring, or pulling service lines.
 Excavation and backfill.
 Provision and installation of all saddles, fittings, valves, and other appurtenances necessary.  Installation of 5/8” meter set complete.
 Provision and installation of 1” water service pipe.
 Asphalt restoration and trench paving.
 Connection to existing customer service line, including any fittings or other appurtenances necessary.

No additional compensation will be allowed.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
72 ITEM # 7- WATER MAIN TIE-IN TO EXISTING WATER MAIN
Connection of new water main to existing main shall be made in accordance with the details shown on the drawings, or as directed by Engineer. Connection to existing pipe shall be coordinated with City of Willits Water Department..

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

As identified by the Project Plans, existing water mains shall be abandoned in place per City Standard 312.

Notification shall conform to Section 2.9 of these specifications Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for coordinating work in this section with work associated with a Bid Alternate shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate.

Measurement & Payment:

Connection of newly constructed water main to existing water main shall be paid on a per-each basis. Such payment shall be full compensation for all labor, equipment and materials necessary to complete the connection from the time of water interruption until the resumption of services and shall include, but not be limited to  Notifications
 Potholing as needed.
 Temporary water main bypasses as determined by the City  Asphalt and concrete pavement demolition.
 Removal and disposal.
 Excavation, dewatering.
 Removal of existing end caps.
 Provision and installation of valves, temporary valves, fittings, bends, sleeves, etc.  Provision and installation of valve boxes.
 Backfilling and compaction.
 Restoration of surfaces.
 Resumption of services.
 Cleanup
No additional compensation will be allowed.

ITEM # 8 – FIRE HYDRANT ASSEMBLY
New hydrant and installation shall conform to City Standard No. 502 and outlined in plans. Hydrant shall be manufactured by Jones, Type J-4060 or approved equal. The hydrant shall be painted “safety yellow”. All joints shall be mechanical restrained joints. Hydrant locations shall be a minimum of 10’ clear of any driveway and constructed at locations identified on the Plans. Prior to installation Contractor shall verify fire protection requirements with the Little Lake Fire Protection. Any variation must be approved by the City.

Hydrants shall stand plumb and shall have their nozzles pointed in the direction approved by an authorized City representative. The hydrants shall be set such that the safety flange is approximately two (2) inches above ground. The PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
73 trench space around the hydrant within a radius of not less than three (3) feet shall be backfilled with Class II Aggregate Base. The hydrant interior shall be cleansed of all dirt or foreign matter before installation.

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

Submittals:

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

Measurement & Payment:

This item will be paid for at the contract price per for each assembly, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in installing a fire hydrant assembly complete in place as defined in this section and as shown on the Plans, including, but not limited to:
 Elbows, couplers, reducers and other fittings as needed  Removal and disposal of material and existing facilities  Abandoning existing pipes as necessary
 Excavation, backfilling, and compaction
 Temporary pavement
 Provision and installation of new pipe to line and grade  Provision and installation of insulated tracer wire
 Thrust blocks and tie-downs as required
 Flushing and disinfection of new pipe
 Pressure testing of new pipe
Hydrant valves shall be paid for separately under Item #5, 6” Gate Valve. Provision and installation of all pipe and fittings necessary to install fire hydrants shall be included in this Item. No additional compensation will be allowed.

ITEM # 9 – BLOWOFF VALVE
Blowoff valves connected to the new water mains shall be made in accordance with the details shown on the drawings, or as directed by Engineer. All necessary fittings shall be determined and supplied by contractor.

The time and method of connection to proposed water pipe shall be approved by City representative prior to such connection. Notification shall conform to Section 2.9 of these specifications.

Measurement & Payment:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
74 Connection of newly constructed water main to existing water main shall be paid on a per-each basis. Such payment shall be full compensation for all labor, equipment and materials necessary to complete the connection from the time of water interruption until the resumption of services and shall include, but not be limited to  Notifications
 Potholing as needed.
 Temporary water main bypasses as determined by the City  Asphalt and concrete pavement demolition.
 Removal and disposal.
 Excavation, dewatering.
 Removal of existing end caps.
 Provision and installation of valves, temporary valves, fittings, bends, sleeves, etc.  Provision and installation of valve boxes.
 Backfilling and compaction.
 Restoration of surfaces.
 Resumption of services.
 Cleanup, and no additional compensation will be allowed.

ITEM # 10 – 6” DUCTILE IRON PIPE
The proposed 6” ductile Iron pipe shall be installed per plans and shall comply with AWWA C151/A21.51.

If it is necessary to terminate service to any customer, the contractor shall make the request for such work an additional 72- hours (three additional working days for a total of five working days advance notice) in advance of the time such services are desired, to allow the customers affected to have a minimum 72-hour notice Flushing, disinfection, and hydrostatic testing shall conform to Section 2.32 and Section 2.31 of these Specifications, respectively
Pipe and fittings:

Ductile Iron Pipe:

All ductile iron pipe and fittings shall be Pressure Class 350 manufactured in accordance with the requirements of ANSI/AWWA C151/A21.51. Push-on joints for such pipe shall be in accordance with ANSI/AWWA C111/A21.11 "RubberGasket Joints for Ductile-Iron and Gray-Iron Pressure Pipe and Fittings". Pipe thickness shall be designed in accordance with ANSI/AWWA C150/A21.50 "Thickness Design of Ductile-Iron Pipe", and shall be based on laying conditions and internal pressures as stated in the project plans and specifications.

Restrained joint fittings and the restraining components shall be ductile iron in accordance with applicable requirements of ANSI/AWWA C110/A21.10 and/or C153/A21.53 with the exception of the manufacture's proprietary design dimensions.

Push-on joints for such fittings shall be in accordance with ANSI/AWWA C111/A21.11.

Restrained joint pipe and fittings shall be U. S. Pipe's TR FLEX pipe and fittings or approved equal. Restraint of field cut pipe shall be Restraint of field cut pipe shall be provided with U.S. Pipe's TR FLEX GRIPPER Ring, TR FLEX pipe field weldments or approved equal.

Cement mortar lining and seal coating for pipe and fittings, where applicable, shall be in accordance with ANSI/AWWA C104/A21.4. Asphaltic outside coating shall be in accordance with ANSI/AWWA C151/A21.51 for pipe and ANSI/AWWA C110/A21.10 or ANSI/AWWA C153/A21.53 for fittings.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
75 Restrained push-on joints for pipe and fittings shall be designed for a water working pressure of 350 psi for sizes four (4) inch through twenty-four (24) inch.

Restrained push-on joint pipe and fittings shall be capable of being deflected after assembly.

All ductile iron pipe joints, DIP/DIP shall be restrained joints. All ductile iron pipe attaching to PVC pipe shall be restrained mechanical joints DIP/PVC.

Laying of Pipe:

All pipe shall be laid to the depth shown on the drawings, or at such other depths as may be established by Engineer in order to connect the new pipe to the existing water pipe. In general, the pipe shall be laid to a depth to provide for a cover of at least thirty (30) inches over the top of the pipe unless otherwise specified.

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

Existing pipes shall be abandoned per City Standard 312 where indicated on the Plans or as directed by an authorized City representative.

Trenching and Backfilling:

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

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

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
76 Bedding material shall be sand conforming to Section 2.25 of these specifications.

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

Trench Paving:

Trenches shall be resurfaced according to City Standard Detail 300 of the project plans. Asphalt shall be a minimum of 4” deep. Where repaving is necessary over trench sections, 1/2” asphalt concrete mix shall be used in accordance with Section

2.34. Trench sections shall be covered completely with cutback or temporary HMA at the end of each work day. Contractor is responsible for maintaining temporary paving to the satisfaction of the City Engineer until final paving is completed. Steel trench plates may only be used to cover the trench at the pipe end. Cold mix asphalt concrete shall be placed at each edge of the trench plate.

Submittals:

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price per linear foot. Asphalt trench resurfacing shall be as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to installing 6” ductile iron pipe as described in this section and shown on the plans, including but not limited to:
 Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Elbows, couplers, tees, reducers and other fittings as needed,  Provision and installation of valves, temporary valves, fittings, bends, sleeves, etc.,  Abandoning existing pipes as necessary,
 Temporary water main bypasses if necessary,
 Temporary pavement,
 Trench paving per these specifications,
 Installation of new pipe to line and grade
 Installation of insulated tracer wire,
 Thrust blocks and tie-downs as required,
 Flushing and disinfection of new pipe,
 Pressure testing of new pipe
No additional compensation will be allowed.

ITEM # 11 – 6” EBBA FLEX TEND FITTING ASSEMBLY WITH CONCRETE VAULT New 6” EBBA Flex Tend Fitting Assembly with Concrete Vault shall conform to detail outlined in plans and shall follow manufacture recommended installation.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
77 The EBBA Flex Tend Fitting Assembly shall be appropriately sized and with the correct connectors for the type of pipe in use or approved equal.

Concrete Vault:

Concrete Vault Christy shall be constructed in accordance with the standard detail drawing shown on the plans. Lids shall be cast iron traffic marked "WATER". Approved concrete vault shall be firmly supported, centered and set plumb over the wrench nut of the valve with the valve box cover flush with the surface of the existing ground, or at such other level as may be directed by City representative.

Submittals:

Submittals confirming conformance with these specifications are required for concrete vaults. Required submittals shall include Test Reports and Product Data.

Measurement & Payment:

This item will be paid for at the contract price per valve, which shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in installing valves as defined in this section, including but not limited to:
 Excavation,
 Foundation,
 Mounting,
 Furnishing and placing EBBA Flex Tend fitting Assembly to grade  Fittings,
 Thrust blocks,
 Provision and installation of 6” gate valves
No additional compensation will be allowed.

ITEM # 12 – ABANDON EXISTING WATER LINE
Existing water main shall be excavated at valve. Valve shall be fully shut off. Existing water mains shall be severed, and remaining pipe end shall be abandoned per the plans. Appropriate sized blind flange shall be attached to the existing valve per manufacturer’s instruction. Contractor shall excavate and verify the size of the existing valve to determine the appropriate sized blind flange needed. Excavation shall be backfilled in lifts no greater than six inches (6”) of ¾” Class II aggregate base, conforming to Section 26 of the Standard Specifications. Base course shall be compacted to a minimum of 95% relative compaction.

The lid of the existing box for abandoned valve shall be removed, and void shall be filled completely with concrete conforming to these specifications. Concrete shall be finished flush with rim of valve box.

Asphalt paving of excavation shall conform to trench paving detail of the plans and shall conform to these specifications.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
78 Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for coordinating work in this section with work associated with a Bid Alternate shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate.

Measurement & Payment: Measurement and payment for this item will be paid for on a at the contract price for each. The price shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in abandoning the existing water main and valve as defined in this section and as shown on the Plans, including, but not limited to:
 Saw-cutting existing asphalt,
 Excavation,
 Removal and disposal of existing facilities and materials,  Provision and installation of blind flange,
 Abandoning existing water main pipe,
 Backfilling and compaction,
 Replacing curb and gutter where removal is necessary,  Any other items necessary to construct cross sidewalk drains not specifically designated in the plans or these specifications
No additional compensation will be allowed.

ITEM #13 – BRIDGE CROSSING
Pipe shall conform to the requirements made under Item #10 of these specifications.

Crossing shall conform to Creek Crossing Detail shown on the Plans. HSS shall be 8”x8”x1/4” A500 Grade B steel and shall be primed and epoxy painted. Any exposed steel shall be coated after construction to prevent corrosion. Pipe supports shall be B Line B3098-1 and placed on either side of each joint and twice per length of pipe. Pipe supports shall be installed per manufacturer’s instructions. End plates shall be ¾”x10”x12” A36 or greater steel. Anchor bolts shall be ¾” diameter Hilti Kwik Bolt TZ SS304 or ¾” diameter Hilti HIT-RE500-SD as shown on the Plans and installed per manufacturer’s instructions.

Measurement & Payment: Measurement and payment for this item will be paid for on a lump sum basis.

Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to completing 6” ductile iron pipe creek crossing as described in this section and shown on the plans, including but not limited to:
 Removal and disposal of any existing facilities
 Abandoning existing pipes as necessary
 Installation of pipe hangers
 Bridge abutment penetration and repair
 Excavation, backfill, and compaction,
 Installation of new pipe to line and grade
PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
79  Flushing and disinfection of new pipe
 Pressure testing of new pipe
No additional compensation will be allowed.

ITEM #14 – CURB & GUTTER RESTORATION
Removals shall begin and end at a joint only. At no time will the removal begin or end between joints.

This work will include the removal and disposal of curb, & gutter as indicated on the plans. The point of beginning and termination of removal shall be verified and identified in the field with the Public Works Director for approval before any work is performed. All material will be hauled off site and properly disposed of under for this work. All concrete improvements to be removed shall be saw-cut full depth and separated from the remaining concrete without damaging the section that is to remain.

Where no joint exists between concrete or asphalt concrete to be removed and concrete or asphalt concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to a minimum depth of 0.17 foot with a power driven saw before the concrete or asphalt concrete is removed.

Base material under curb and gutter shall comply with the provisions of Section 26, "Aggregate Bases" of the City Standards and shall be a minimum of 4 inches in compacted thickness or as specified on Contract Plans.

Subgrade at each location shall be inspected prior to placement of concrete.

Construction shall conform to City Standard No. 205 and City Standard No. 209 with respect to the weakened plain joint detail. The concrete shall attain a minimum compressive strength of 3000 psi at 28 days, and shall contain not less than six sacks of cement per cubic yard. Maximum slump of the concrete shall be 4 inches, as determined in accordance with ASTM C-143.

Any driveway aprons removed shall be replaced in conformance with City Standard No. 210. Concrete in driveways shall be 6 inches thick.

No advertising impression, stamp, or mark of any description will be permitted on the surface of any concrete or cement finish without written permission from the Public Works Director.

The Contractor shall be responsible for ensuring all access ramps are ADA-compliant and meet current ADA codes for both access to building entrances and curb ramps.

The Contractor shall remove all debris and perform all cleanup work to the satisfaction of the Public Works Director within 3 working days after the forms have been removed at any location.

The Contractor shall install a 4 inch diameter PVC sleeve to a depth of 9 inches where signs are to be installed in the new concrete. Score lines shall be made as shown on the plans.

Concrete determined to be defective shall be removed and replaced to the satisfaction of the Public Works Director. The Public Works Director may allow grinding or patching defective sections at his discretion; however, patched or ground sections may still be found to be defective and require replacement at no cost to the City.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
80 Measurement & Payment: Measurement and payment for this item will be paid for at the contract price per square foot, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work included in constructing a complete concrete curb and gutter in place as defined in this section, including, but not limited to:
 Finishing and placing expansion joint filler
 Constructing weakened plane joints
 Excavating
 Saw cutting
 Removing and disposing of concrete
 Replacement of defective concrete to the satisfaction of the Public Works Director  Adjusting water meters, cleanouts, and other utility boxes to grade  Temporary access ramps or traffic plates as needed,
 Any other items necessary to install concrete not specifically designated in the plans or these specifications
Additional compensation for Curb & Gutter Restoration as a result of work completed under one of Bid Alternatives shall be made as a part of this Bid Item per Lineal Foot (LF). Additional quantities shall be mutually agreed upon between the contractor and Inspector, and measured in the field, prior to removing any existing Curb & Gutter.

Bid Item quantities in Bid Schedule for Item #14 do not reflect quantities associated with Bid Alternative work.

ITEM #15 – SIDEWALK RESTORATION
Removals shall begin and end at a joint only. At no time will the removal begin or end between joints.

This work will include the removal and disposal of sidewalk as indicated on the plans. The point of beginning and termination of removal shall be verified and identified in the field with the Public Works Director for approval before any work is performed. All material will be hauled off site and properly disposed of under for this work. All concrete improvements to be removed shall be saw-cut full depth and separated from the remaining concrete without damaging the section that is to remain.

Base material under sidewalk shall comply with the provisions of Section 26, "Aggregate Bases" of the City Standards and shall be a minimum of 4 inches in compacted thickness or as specified on Contract Plans.

Subgrade at each location shall be inspected prior to placement of concrete.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
81 Any driveway aprons removed shall be replaced in conformance with City Standard No. 210. Concrete in driveways shall be 6 inches thick.

No advertising impression, stamp, or mark of any description will be permitted on the surface of any concrete or cement finish without written permission from the Public Works Director.

The Contractor shall be responsible for ensuring all access ramps are ADA-compliant and meet current ADA codes for both access to building entrances and curb ramps.

The Contractor shall remove all debris and perform all cleanup work to the satisfaction of the Public Works Director within 3 working days after the forms have been removed at any location.

The Contractor shall install a 4 inch diameter PVC sleeve to a depth of 9 inches where signs are to be installed in the new concrete. Score lines shall be made as shown on the plans.

Measurement & Payment: Measurement and payment for this item will be paid for at the contract price per square foot, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work included in constructing a complete concrete sidewalk in place as defined in this section, including, but not limited to:
 Finishing and placing expansion joint filler
 Constructing weakened plane joints
 Excavating
 Saw cutting
 Removing and disposing of concrete
 Replacement of defective concrete to the satisfaction of the Public Works Director  Adjusting water meters, cleanouts, and other utility boxes to grade  Temporary access ramps or traffic plates as needed,
 Any other items necessary to install a concrete sidewalk not specifically designated in the plans or these specifications
Additional compensation for Sidewalk Restoration as a result of work completed under one of Bid Alternatives shall be made as a part of this Bid Item per Square Foot (SF). Additional quantities shall be mutually agreed upon between the contractor and Inspector, and measured in the field, prior to removing any existing Sidewalk.

Bid Item quantities in Bid Schedule for Item #15 do not reflect quantities associated with Bid Alternative work.

ITEM #16 – DUCTILE IRON PIPE - ENCASED
The proposed encased 6” ductile Iron pipe shall be installed per plans and shall comply with AWWA C151/A21.51.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
82 If it is necessary to terminate service to any customer, the contractor shall make the request for such work an additional 72- hours (three additional working days for a total of five working days advance notice) in advance of the time such services are desired, to allow the customers affected to have a minimum 72-hour notice Flushing, disinfection, and hydrostatic testing shall conform to Section 2.32 and Section 2.31 of these Specifications, respectively
Pipe and fittings:

Ductile Iron Pipe:

Push-on joints for such fittings shall be in accordance with ANSI/AWWA C111/A21.11.

Restrained push-on joints for pipe and fittings shall be designed for a water working pressure of 350 psi for sizes four (4) inch through twenty-four (24) inch.

Restrained push-on joint pipe and fittings shall be capable of being deflected after assembly.

All ductile iron pipe joints, DIP/DIP shall be restrained joints. All ductile iron pipe attaching to PVC pipe shall be restrained mechanical joints DIP/PVC.

Laying of Pipe:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
83 All pipe shall be laid to the depth shown on the drawings, or at such other depths as may be established by Engineer in order to connect the new pipe to the existing water pipe. In general, the pipe shall be laid to a depth to provide for a cover of at least thirty (30) inches over the top of the pipe unless otherwise specified.

Existing pipes shall be abandoned per City Standard 312 where indicated on the Plans or as directed by an authorized City representative.

Trenching and Backfilling:

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

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

Bedding material shall be sand conforming to Section 2.25 of these specifications.

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

Trench Paving:

Submittals:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
84 Bid Item shall be bid assuming no Bid Alternates are awarded (Base Bid). Compensation for coordinating work in this section with work associated with a Bid Alternate shall be included in the Bid Alternate compensation. No Additional compensation for this item shall be allowed as the result of awarding a Bid Alternate.

Measurement & Payment:

Measurement and payment for this item will be paid for at the contract price per linear foot. Asphalt trench resurfacing shall be as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related to installing 6” ductile iron pipe as described in this section and shown on the plans, including but not limited to:
 Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Elbows, couplers, tees, reducers and other fittings as needed,  Provision and installation of valves, temporary valves, fittings, bends, sleeves, etc.,  Abandoning existing pipes as necessary,
 Temporary water main bypasses if necessary,
 Temporary pavement,
 Trench paving per these specifications,
 Installation of new pipe to line and grade
 Installation of insulated tracer wire,
 Thrust blocks and tie-downs as required,
 Flushing and disinfection of new pipe,
 Pressure testing of new pipe
No additional compensation will be allowed.

ITEM #17 – REPLACE EXISTING 2” WATER SERVICE & METER
Any 2” water service connection will be paid for under this Bid Item. New 2” water service and new meter shall conform to City Standards and Project Plans.

All meter apparatus shall be centered and spaced with the meter boxes to facilitate easy reading from the reader lid opening and also to allow easy operation of both shutoff valves.

The Contractor shall coordinate the exact location of the new meters with the Public Works Department of the City of Willits.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
85 Pipe Saddles for service line connections shall be double strap, brass, for C.I.O.D. mains, Model 202B-1438-Tap (12") and Model 202B-750-Tap (6") as manufactured by Ford Meter Box Company, Inc. or approved equal.

Angle Meter Stop shall be Model J-1966-w/Lock Wing as manufactured by James Jones Company, or approved equal.

Check Valve shall be brass Model HS38-323 F Meter x MIP as manufactured by Ford Meter Box Company, Inc. or approved equal.

Customer shut-off valve shall be brass Model #B-103 as manufactured by Stockham, or approved equal. Valve shall be located as close to the meter as possible.

New service lines shall be coupled to existing services by connectors compatible with the existing pipe material. Where services and meters are being relocated, additional plumbing will be required to connect to the existing service from the new meter location. All necessary materials to make these connections shall be provided by the contractor and included in the price for this item.

Meter Box:

The top of the meter box shall be 2" above grade in unimproved areas and set in Class II Aggregate Base.

Meter box shall be set so that the lid is 12” above the top of the meter, as shown on the project plans.

Restoration:

In unimproved areas, surrounding ground shall be graded and restored to the previously existing condition.

Asphalt restoration shall conform to the “Trench Paving” section of Item 4 of these specifications and the project plans.

Asphalt restoration and all related work is included in this bid item.

Concrete restoration shall be paid separately under Item 11 of these specifications.

Submittals:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
86 Submittals confirming conformance with these specifications are required for pipe material, fittings, restraints, disinfection method, aggregate base, and pipe bedding material. Required submittals shall include Test Reports and Product Data.

Measurement & Payment:

No additional compensation will be allowed.

ITEM #1 ALTERNATE – STATE STREET SEWER MAIN REPLACEMENT The proposed 8” sewer main shall be Constructed in accordance with City of Willits Standard Specifications and Standard Plans Section 71, except where noted below, Standard Details as specified on Contract Drawings (Plans).

All requirements for Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan described in Items #1, #2, and #3 above are applicable to this Bid Item. Contractor shall bid this item to be completed with Water Main replacement shown on the Contract Drawings. Coordination with water main replacement shall be considered a part of this work.

Materials:

All sewer pipe shall be PVC SDR 35 in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.01.

Ductile Iron pipe shall not be used.

Excavation and Backfill:

Trenching for sewer pipe, including laterals, shall excavated and backfilled in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.02 and details called on Plans.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
87 Existing Manholes:

Existing sewer manholes shall be removed and adjusted in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.03 and details called on Plans.

Pipe Laying:

All sewer pipe, fittings, sweeps, and laterals shall laid in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.04 and details called on Plans.

Laterals and Services:

All sewer laterals and services shall be constructed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.05 and details called on Plans.

Sewer structures:

All existing and new sewer structures (manholes and mainline cleanouts), including connecting to new pipe to existing structures, shall be constructed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.06 and details called on Plans.

Testing of Sewers:

All existing (tie in locations only) and new sewer structures (manholes and mainline cleanouts) shall be tested in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.07.

Contractor shall allow 5 working days notice to City Inspector prior to testing and shall submit testing means and methods to City Engineer for approval.

Trench Resurfacing:

All excavations required for construction of Sewer as described in this section and Plans, including pothole excavation repair, shall be completed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.08 and details called on Plans.

Damaged or removed PCC sidewalk and/or curb and gutter shall be completed as described in Bid Items #14 and #15.

Submittals:

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

Submittals must include City Standard Specification section and/or detail, designation for items being submitted as noted on the plans, and size/material must be clearly marked if more than one size or material is included in submittal. Contractor shall allow 10 working days minimum for submittal review.

Measurement & Payment:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
88 Measurement and payment for Bid Item #1 Alternate will be paid for at the contract price Lump Sum. Payment for this item shall include full compensation for all labor, materials, equipment, taxes, stockpiling needed to excavate, lay, backfill, test, and trench pave sewer pipe, structures, and laterals as shown on Plans.

Coordination with Water Main Replacement shall be considered part of this pay item. No additional compensation shall be awarded under Bid Items #1, #2, and #3 upon inclusion of this Bid Item. Contractor shall include all costs for Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan as described in Measurement & Payment Bid Items #1, #2, and #3.

Replacement of Sewer Main as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related Replacement of Sewer Main as described in this section and shown on the plans, including but not limited to:
 Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Fittings as needed,
 Removal or Abandoning existing pipes, structures, and laterals as necessary,  Temporary bypasses of sewer main or individual laterals from residences, if necessary,  Temporary pavement or trench plates,
 Trench paving per these specifications,
 Installation of new pipe to line and grade,
 Testing of pipe and structures,
 Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan Additional compensation for replacement of existing PCC curb and gutter and sidewalk removed as a result of this Bid Item shall be compensated for under Bid Items #14 and #15 by the unit of measure for each bid item and as measured in the field.

No additional compensation shall be made.

ITEM #2 ALTERNATE – EAST VAN LANE SEWER MAIN REPLACEMENT The proposed 8” sewer main shall be Constructed in accordance with City of Willits Standard Specifications and Standard Plans Section 71, except where noted below, Standard Details as specified on Contract Drawings (Plans).

All requirements for Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan described in Items #1, #2, and #3 above are applicable to this Bid Item. Contractor shall bid this item to be PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
89 completed with Water Main replacement shown on the Contract Drawings. Coordination with water main replacement shall be considered a part of this work.

Materials:

All sewer pipe shall be PVC SDR 35 in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.01.

Ductile Iron pipe shall not be used.

Excavation and Backfill:

Existing Manholes:

Existing sewer manholes shall be removed and adjusted in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.03 and details called on Plans.

Pipe Laying:

All sewer pipe, fittings, sweeps, and laterals shall laid in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.04 and details called on Plans.

Laterals and Services:

All sewer laterals and services shall be constructed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.05 and details called on Plans.

Sewer structures:

Testing of Sewers:

Contractor shall allow 5 working days notice to City Inspector prior to testing and shall submit testing means and methods to City Engineer for approval.

Trench Resurfacing:

Damaged or removed PCC sidewalk and/or curb and gutter shall be completed as described in Bid Items #14 and #15.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
90 Submittals:

Measurement & Payment:

Measurement and payment for Bid Item #2 Alternate will be paid for at the contract price Lump Sum. Payment for this item shall include full compensation for all labor, materials, equipment, taxes, stockpiling needed to excavate, lay, backfill, test, and trench pave sewer pipe, structures, and laterals as shown on Plans.

No additional compensation shall be made.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
91 ITEM #3 ALTERNATE – MADRONE STREET SEWER MAIN REPLACEMENT The proposed 8” sewer main shall be Constructed in accordance with City of Willits Standard Specifications and Standard Plans Section 71, except where noted below, Standard Details as specified on Contract Drawings (Plans).

Materials:

All sewer pipe shall be PVC SDR 35 in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.01.

Ductile Iron pipe shall not be used.

Excavation and Backfill:

Existing Manholes:

Existing sewer manholes shall be removed and adjusted in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.03 and details called on Plans.

Pipe Laying:

All sewer pipe, fittings, sweeps, and laterals shall laid in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.04 and details called on Plans.

Laterals and Services:

All sewer laterals and services shall be constructed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.05 and details called on Plans.

Sewer structures:

Testing of Sewers:

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
92 Contractor shall allow 5 working days notice to City Inspector prior to testing and shall submit testing means and methods to City Engineer for approval.

Trench Resurfacing:

Damaged or removed PCC sidewalk and/or curb and gutter shall be completed as described in Bid Items #14 and #15.

Submittals:

Measurement & Payment:

Measurement and payment for Bid Item #3 Alternate will be paid for at the contract price Lump Sum. Payment for this item shall include full compensation for all labor, materials, equipment, taxes, stockpiling needed to excavate, lay, backfill, test, and trench pave sewer pipe, structures, and laterals as shown on Plans.

Replacement of Sewer Main as specified and as shown on the project plans; payment thereof shall be paid for under this bid item. Payment for this item shall include full compensation for furnishing all labor, materials, tools and equipment, and completing all work related Replacement of Sewer Main as described in this section and shown on the plans, including but not limited to:
 Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Fittings as needed,
 Removal or Abandoning existing pipes, structures, and laterals as necessary,  Temporary bypasses of sewer main or individual laterals from residences, if necessary,  Temporary pavement or trench plates,
 Trench paving per these specifications,
PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
93  Installation of new pipe to line and grade,
 Testing of pipe and structures,
 Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan Additional compensation for replacement of existing PCC curb and gutter and sidewalk removed as a result of this Bid Item shall be compensated for under Bid Items #14 and #15 by the unit of measure for each bid item and as measured in the field.

No additional compensation shall be made.

ITEM #4 ALTERNATE – NORTH STATE STREET SEWER MAIN REPLACEMENT The proposed 8” sewer main shall be Constructed in accordance with City of Willits Standard Specifications and Standard Plans Section 71, except where noted below, Standard Details as specified on Contract Drawings (Plans).

Materials:

All sewer pipe shall be PVC SDR 35 in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.01.

Ductile Iron pipe shall not be used.

Excavation and Backfill:

Existing Manholes:

Existing sewer manholes shall be removed and adjusted in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.03 and details called on Plans.

Pipe Laying:

All sewer pipe, fittings, sweeps, and laterals shall laid in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.04 and details called on Plans.

Laterals and Services:

All sewer laterals and services shall be constructed in accordance with City of Willits Standard Specifications and Standards Plans Section 71-1.05 and details called on Plans.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
94 Sewer structures:

Testing of Sewers:

Contractor shall allow 5 working days notice to City Inspector prior to testing and shall submit testing means and methods to City Engineer for approval.

Trench Resurfacing:

Damaged or removed PCC sidewalk and/or curb and gutter shall be completed as described in Bid Items #14 and #15.

Submittals:

Measurement & Payment:

Measurement and payment for Bid Item #4 Alternate will be paid for at the contract price Lump Sum. Payment for this item shall include full compensation for all labor, materials, equipment, taxes, stockpiling needed to excavate, lay, backfill, test, and trench pave sewer pipe, structures, and laterals as shown on Plans.

PART II, SECTION 3: DETAILED DESCRIPTION OF BID ITEMS
95  Potholing as needed,
 Notifications
 Excavation, backfilling, and compaction,
 Removal and disposal of material,
 Fittings as needed,
 Removal or Abandoning existing pipes, structures, and laterals as necessary,  Temporary bypasses of sewer main or individual laterals from residences, if necessary,  Temporary pavement or trench plates,
 Trench paving per these specifications,
 Installation of new pipe to line and grade,
 Testing of pipe and structures,
 Mobilization, Insurance, Permits, Traffic Control/Management, and Water Pollution Control Plan Additional compensation for replacement of existing PCC curb and gutter and sidewalk removed as a result of this Bid Item shall be compensated for under Bid Items #14 and #15 by the unit of measure for each bid item and as measured in the field.

No additional compensation shall be made.

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89 Resolution No. 2024-__ Page 1 of 1 May 22, 2024
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AUTHORIZING AN AMENDMENT TO THE STEEL WATER MAIN REPLACEMENT PROJECT (PROJECT NO. 2023-08) TO INCLUDE THE ADDITIVE ALTERNATE OF REPLACING 1,250 LINEAR FEET OF ADJACENT SEWER MAINS FOR A COMBINED PROJECT COST OF $1,227,955.

WHEREAS, the City aims to address aging infrastructure at its end of its functional lifespan, reduce ongoing maintenance and implement the Brown Water Abatement Program through replacement of existing steel water mains; and
WHEREAS, the Steel Water Line Replacement Project 2023-08 was approved to go to public bid by City Council through the adoption of Resolution No. 2023-51 on August 9 2023 when plans were to be considered final; and
WHEREAS, it was then determined by staff and consulting engineers that adding sewer line replacement to the project especially to streets already identified for excavation was the proper course of action financially and to lesson future disturbance; and
WHEREAS, the Additive Alternate scope of work to this project includes: the replacement of approximately 1,482 linear feet of existing sewer main with new eight-inch, SDR-35 PVC pipe, replacement of 48-inch diameter, sewer manholes, four-inch laterals, tie-ins to existing sewer manholes, private laterals, and trench paving on State Street, Madrone Street, East Van Lane and East Commercial Street; and WHEREAS, the City contracted with LACO Associates to develop plans and specifications for the project; and
WHEREAS, this project now has a total Engineers Estimate of Probable Costs of $1,227,955 and contract change orders up to 10-percent with added sewer work adding $315,080 to the original scope of work, which will be covered by fund balances from water and wastewater enterprise funds; and WHEREAS, plans and specifications are being finalized and, in the interest of time, staff is requesting authorization to advertise as soon as the plans are considered final; and NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize the increase of appropriations in the water and wastewater enterprise accounts, and the wastewater CIP fund by $1,350,795 to cover the estimate and contingency. The City Council also authorizes the advertisement of the Steel Water Main Replacement Project, Project 2023-08 with the Additive Alternative Amendment.

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
_________________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9e
Meeting Date: May 22, 2024

AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Leiloni Shine, Contract Planner
Agenda Title: DISCUSSION TO REVISE MUNICIPAL CODE TITLE 12, Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS-CONSTRUCTION AND REPAIR**, TO ADD NEW REGULATIONS FOR SIDEWALK REPAIR OR REPLACEMENT; REVISING THE MUNICIPAL CODE TO INCLUDE CHAPTER

12.17 REQUIRING WILLITS PROPERTY OWNERS TO INSPECT AND CERTIFY SIDEWALKS IN THE PUBLIC RIGHT-OF-WAY AT THE TIME OF PROPERTY TRANSFER.

Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 Min.

Summary of Request:

Review existing Sidewalk Repair regulations in the Willits Municipal Code Title 12, Chapter 12.16, the proposed code revisions (Attachment A), and provide comments and guidance to the Community Development Department regarding the proposed ordinances and resolutions.

The existing Municipal Code requires sidewalk repairs to be completed if construction is deemed to be a “structural alteration.”: (Chapter 12.16 – Sidewalks, Curbs, and Gutters – Construction and Repair) Section

12.16.100 – Determination of major structural alterations, additions or repairs. Existing regulations define “structural additions, alterations and repairs” to mean any construction which shall:

A) Exceed 25-percent of the value of the structure being constructed, altered, or repaired; or B) Cost $10,000.00 or more; or
C) Result in the addition to, or modification or repair to 300 square feet of building area; or D) Whichever of the above definitions is less.

The Community Development Department has reviewed the potential ordinances & resolutions:
1) Ordinance revising Willits Municipal Code Title 12, Chapter 12.16 to add Willits Municipal Code Title 12, Chapter 12.16.009 and 12.16.110-180, to establish property owner responsibility and liability for sidewalk safety and maintenance; and
2) Ordinance revising Willits Municipal Code Title 12, Chapter 12.16 to add Chapter 12.17, new regulations requiring Willits property owners to inspect and certify sidewalks in the public rightof-way at the time of property transfer; and 3) Resolution to authorize the City to fund a program financially assisting private property sidewalk repairs of low-income property owners at no cost to qualifying property owners; and 4) Resolution to authorize a six-month period in which sidewalk repair permit fees would be waived to encourage private property sidewalk damage repairs.

The proposed resolutions require Council review and the determination of the funding options for waiving administrative permit fees for private property owners and creating a repair program for qualifying lowincome property owners. Other cost-sharing or funding options are available for City Council to consider, such as a revolving loan program, similar to the established Housing Rehabilitation Program, where qualifying property owners are eligible for a loan repayment towards the costs of sidewalk repair or replacement.

In addition to the proposed Hardship Program for qualifying low-income property owners, other programs could be considered by City Council that would financially assist with the repair or replacement of sidewalks in locations that have been prioritized by City Council Goals or Policies and future citywide plans addressing sidewalk use, landscaping, and maintenance. A program financially supporting sidewalk repairs based on location could use a standardized system that provides scoring weights for each prioritization factor per asset category in recognition that different assets serve distinct needs, such as the system outlined by the City of San Diego (Council Policy 800-14).

The Community Development Department is seeking Council guidance specifically on the proposed code revisions (Attachment A), resolutions and potential funding (staff report), future ordinances or policies supporting the sidewalk ordinance (Attachment B), and the proposed city “Fact Sheet” (Attachment C) outlining sidewalk repair responsibilities.

Recommended Action:

No Action. Review the staff report and attachments. Council members may provide comments regarding the proposed Municipal Code revisions as part of the early stages of revising the Municipal Code. Staff Recommends that the City Council review, provide comments and questions to staff, and revise or adopt the proposed ordinances and resolutions at a later date.

Alternative(s): None.

Fiscal Impact:

The proposed Sidewalk Liability Ordinance will likely reduce the potential for the City to be required to payout for sidewalk related injuries because: (1) Property owners will be more likely to maintain sidewalks in a safe condition if they are liable for injuries due to damaged and neglected sidewalks adjacent to their property; and (2) The City would have the right to recover from property owners and their insurance companies a portion of the claims for injuries resulting from unsafe sidewalk conditions. The two proposed programs that would provide funding for sidewalk repairs at no cost to qualifying low-income property owners and temporarily waive all administrative fees for sidewalk repairs for all property owners would have a short-term negative fiscal impact, however, funding would need to be identified and allocated towards those new citywide sidewalk repair programs.

Personnel Impact:

Increased numbers in Encroachment Permit Applications for sidewalk repairs are anticipated, Services and Facilities staff will require some additional time for new applications. Staff recommend one change in precedent from the private sewer lateral ordinance: the proposed sidewalk ordinance would enable selfcertification of the sidewalk improvement. The proposed self-certification process is not anticipated to increase the time or decrease the availability of Building or Services and Facilities staff to inspect sidewalks.
2021 Adopted Goals: This item addresses the following Goals: Goal #1 for Administration…Develop and implement a long-range Fiscal Sustainability Plan for City finances in order to promote the City’s economic health by balancing revenues and expenditures to solve systemic problems. Goal #1 for Services and Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.

California Environmental Quality Act: Not applicable.

Sidewalks, Curbs, and Gutters - Construction & Repair
MAY 22, 2024
PAGE 1
STAFF REPORT:

TO WILLITS CITY COUNCIL FOR

INFORMATIONAL DISCUSSION ON
REVISING MUNICIPAL CODE TITLE 12, CHAPTER 12.16 – SIDEWALKS, CURBS AND GUTTERSCONSTRUCTION AND REPAIR**, TO ADD NEW REGULATIONS FOR SIDEWALK REPAIR OR REPLACEMENT; REVISING THE MUNICIPAL CODE TO INCLUDE CHAPTER 12.17 REQUIRING WILLITS PROPERTY OWNERS TO INSPECT AND CERTIFY SIDEWALKS IN THE PUBLIC RIGHT-OFWAY AT THE TIME OF PROPERTY TRANSFER REQUEST: Review and provide comments during the Discussion on proposed revisions to the City of Willits Municipal Code Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters –
Construction and Repair, including the addition of Chapter

12.17 requiring Willits property owners to inspect and certify sidewalks in the public right-of-way at the time of property transfer.

LOCATION: In the City of Willits, all Sidewalk areas providing public right-ofway access and use.

EXISTING MUNICIPAL CODE: Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair.

PROPOSED MUNICIPAL CODE: Ordinances revising Title 12, Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair, to include additional repair requirements for Sidewalks, Curbs, and Gutters; new regulations requiring Willits property owners to inspect and certify sidewalks in the public right-of-way at the time of property transfer.

ENVIRONMENTAL DETERMINATION: This is an information item for discussion only and is not subject to California Environmental Quality Act (CEQA) at this time.

RECOMMENDATION: No Action. Review the staff report and attachments. Council members may provide comments regarding the proposed
Municipal Code revisions as part of the early stages of revising the Municipal Code. Staff Recommends that the City Council review, provide comments and questions to staff, and potentially adopt the following at a later date:
1) An Ordinance Revising Willits Municipal Code Title 12, Chapter 12.16 to Add Willits Municipal Code Title 12, Chapter

12.16.009 and 12.16.110 through 12.16.180, To Establish Property Owner Responsibility And Liability for Sidewalk Safety and Maintenance; And
2) An Ordinance Revising Willits Municipal Code Title 12, Chapter 12.16 To Add Chapter 12.17, New Regulations
Requiring Willits Property Owners To Inspect And Certify Sidewalks In The Public Right-Of-Way At The Time of
Property Transfer; And
3) Resolution to Authorize the City To Fund a Program
Financially Assisting Private Property Sidewalk Repairs of Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 2
Low-Income Property Owners At No Cost To Qualifying
Property Owners; And
4) Resolution To Authorize A Six-Month Period In Which
Sidewalk Repair Permit Fees Would be Waived To
Encourage Private Property Sidewalk Damage Repairs.

EXECUTIVE SUMMARY
The proposed ordinances and resolutions address the backlog of private sidewalk repairs in the City of Willits and reduce the City’s liability related to private sidewalk damage. The ordinances would require sidewalk repairs upon title transfer of real property and would establish liability for injuries resulting from sidewalk damage. The resolutions would authorize a new program to support low-income property owners in performing sidewalk repairs and authorize a three-month period in which fees to repair sidewalks would be waived for all property owners to encourage the repair of private sidewalk damage. The funding to support sidewalk repairs for low-income property owners and to waive administrative permit fees must be identified and allocated by the City Council in order to create and support a Resolution to authorize the City to fund a program for private property sidewalk repairs for low-income property owners and begin waiving administrative permit fees. Other cost-sharing or loan programs may be considered by the City Council, such as a revolving loan fund providing cost-sharing funds for sidewalk repairs throughout the City.

BACKGROUND
PAST INFORMATIONAL DISCUSSION:

An Informational Discussion was completed on November 8, 2023, to give an opportunity for the Willits City Council to review the existing and proposed Willits Municipal Code Section Title 12, Chapter 12.16 entitled – Sidewalks, Curbs and Gutters – Construction and Repair and if Council members chose, to provide comments on the proposed elements of Municipal Code revisions. The first Informational Discussion was intended to present the early stages of the proposed Ordinance revisions and to provide an additional evaluation process for review to the City Council. While the City Council was not required to provide feedback at that time, it was an opportunity for members to do so.

NEED FOR ORDINANCE REVISIONS:

Currently, the City of Willits is completing a Sidewalk Assessment of all city sidewalks using the services of the company Precision Concrete Cutting. The number or percentage of damaged sidewalks in the city are not currently tracked. The completed Sidewalk Assessment will exhibit existing conditions of all city sidewalks and provide a baseline for the city to write a comprehensive plan for identifying and prioritizing sidewalk areas for repair or replacement and the replacement or design requirements for different sidewalk areas. The city does not currently have a process for identifying and prioritizing sidewalk areas for repair or replacement and specifying the size or design for new or replaced sidewalks based on their location. The existing sidewalk ordinance was established in 1968, it has not been updated since 1989 (Ord. 89-15 §2; Ord. 68-1 §1).

Per California law1, the responsibility to repair areas of sidewalk damage is the responsibility of the adjacent property owner. The City is in the process of evaluating the percentage of sidewalk damage that is “private damage”, which is damage that is by statue the responsibility of the private property owner adjacent to the sidewalk. Examples of damage on the sidewalk for which a property owner is responsible for include but 1 California Streets and Highways Code § 5610: The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 3
are not limited to: missing pavement, raised/sunken/uneven pavement, holes or cracks in the pavement, and missing sewer vent covers. The City is also in the process of evaluating the percentage of sidewalk damage that is “public damage”, which is damage at or within a public facility, or sidewalk damage that is caused by an official city tree. Public damage is the responsibility of the City to repair, however, the City does not currently have a policy regarding responsibility for private sidewalk damage caused by city street trees. Staff recommends City Council create a policy to address damage caused by city trees. The Capital Improvement Plan for 2023-2024 will be reviewed and updated during June 2024. The Capital Improvement Plan may be updated to include funding for annual sidewalk repairs to be dedicated toward public damage.

Although by state law private property owners are responsible for private sidewalk repairs and may be liable for any injuries resulting from sidewalk defects, California courts have held that the City is and can be held liable for injuries as a result of private sidewalk damage if the City has not adopted a Sidewalk Liability Ordinance. No recent sidewalk trip-and-fall claims/lawsuits have been paid out by the City at this time, it is anticipated that those expenses could increase if the City does not adopt a Sidewalk Liability Ordinance.

Trip-and-fall claims are often associated with private damage to sidewalks.

Following the California Court of Appeal decision in Gonzales v San Jose, California cities have reduced trip-and-fall liability by adopting municipal ordinances that clearly and unambiguously confirm private responsibility for injuries resulting from private sidewalk damage (Gonzales v San Jose (2004) 125 Cal App. 4th 1127.) The ordinances do not change what is already vested in state law, but expressly establish that the property owner has the primary and exclusive responsibility for maintaining safe sidewalks whether or not the City has notified the owner of their maintenance obligations. Many jurisdictions in California have incorporated such language within municipal ordinances, including Oakland, San Francisco, Emeryville, Concord, Larkspur, Albany, Lodi, Sacramento, Vacaville, Richmond, Tiburon, Mill Valley, Sausalito, Fairfax, Novato, Lafayette, Orinda, Gilroy, Walnut Creek, San Pablo, and Pleasant Hill.

The City of Willits receives approximately five (5) Encroachment Permit applications each year for curb, gutter, and sidewalk repair or replacement on private property. Staff anticipate that the number of annual permit applications will increase after the proposed revisions to the Municipal Code create a clearly identified process for applicants. Currently, sidewalk repairs are required with permits required for any major structural alterations, additions or repairs: As used in Section 12.16.070, the phrase "structural additions, alterations and repairs" shall mean any construction which shall: A. Exceed twenty-five percent of the value of the structure being constructed, altered or repaired; or B. Cost ten thousand dollars or more; or C. Result in the addition to, or modification or repair to three hundred square feet of building area; or D. Whichever of the above definition is less. (Ord. 89-15 §4).

The attached research table (Attachment B) compares sidewalk ordinances and ordinances or policies that support sidewalk ordinances in California. Additional ordinances or policies may be considered in the future to support the currently proposed ordinance revisions.

ANALYSIS AND POLICY ALTERNATIVES
Citywide sidewalk improvements are needed to improve accessibility for people with disabilities, contribute to neighborhood walkability, and reduce liability for both private property owners and the City. The existing amount of private sidewalk damage will be determined through a completed sidewalk assessment. Staff recommend reducing city liability for private damage and increasing the diversity of options for facilitating private sidewalk damage repair. The sidewalk assessment does not identify “public” vs. “private” damage to sidewalks, this will be determined by city staff on a case-by-case basis. Sidewalk damage defined as “private damage” is by statue the responsibility of the private property owner adjacent to the sidewalk. The City is also in the process of evaluating the percentage of sidewalk damage that is “public damage”, which is damage at or within a public facility, or sidewalk damage that is caused by an official City tree.

Criteria for sidewalk assessment will include, but not be limited to, identifying hazardous or failed sidewalks and sidewalk areas that are not compliant with ADA standards. The damage will be shown in a citywide map that will identify sidewalks that must be repaired or replaced. The level of damage will be assessed through measuring the size of repair-grinding or other types of repairs that are necessary and will estimate Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 4
the associated repair costs. Property owners will be provided with the potential repair costs estimates for individual sidewalk sections.

On average, typical concrete sidewalk replacement costs can average around $30.00 per square foot. The proposed Municipal Code revisions would allow private property owners to hire a qualified contractor to complete sidewalk repairs or to request the City to complete the repairs on the owner’s behalf. If the City completes sidewalk repairs and the property owner fails to repay the City for the completed work, the existing lien process outlined in Willits Municipal Code Title 12, Chapter 12.28.140 – Assessment—Property lien would be administered.

UPDATING THE WILLITS MUNICIPAL CODE TO REQUIRE SIDEWALK IMPROVEMENTS AT TITLE TRANSFER:

In 2018, City Council passed an ordinance requiring upgrades to private sewer laterals before a property title can be transferred. Staff is proposing a similar ordinance for sidewalks. Like the private sewer lateral requirement, the sidewalk improvement ordinance would require either a property buyer or seller complete necessary repairs and upgrades to bring a sidewalk to compliance before a title transfer is completed. A compliance certificate for the adjacent sidewalks would need to be completed prior to the first close of escrow on the property.

Staff recommend one change in precedent from the private sewer lateral ordinance: the proposed sidewalk ordinance would enable self-certification of the sidewalk improvement. Under this option, a buyer or seller would not need to coordinate with the City of Willits staff to schedule an inspection. Instead, the buyer or seller would hire a licensed contractor permitted by the City to complete the repairs and the contractor or professional engineer or licensed architect would submit a self-certification of the sidewalk compliance under penalty of perjury. City of Willits Services and Facilities inspectors would then perform random inspections of all completed work at a later date. This addresses a key concern of real estate agents, buyers, and sellers under the current sewer lateral ordinance.

ESTABLISHING A SIDEWALK REPAIR HARDSHIP PROGRAM:

The City of Willits does not currently have a Sidewalk Repair Financial Hardship Program, staff suggests that the Council consider creating a Sidewalk Repair Financial Hardship Program. There are many different types of cost-sharing or Financial Hardship Programs used by cities in California to aid with citywide sidewalk repairs. Staff suggests a Program in which the city would provide funding for subject repairs at no cost, or a reduced cost, to qualifying low-income property owners. To qualify, low-income property owners could be identified through a new program with defined metrics. The City of Oakland qualifies property owners based on whether they have an annual household income of less than three times the national poverty level based on household size, as well as providing a copy of their current federal income tax returns and other documentation. The City of Oakland provides financial hardship approval subject to available funding, to a maximum expenditure of $50,000 annually, and does not necessarily award all qualified applicants. To receive the waiver, a property owner must present proof of participation in another means-tested program, such as CalFresh or PG&E CARE. The City of Oakland modeled their Sidewalk Repair Hardship Program to be similar to the Hardship Program created by the City of San Jose. Another example of a Hardship Program includes the option for qualifying property owners to apply for a deferred payment plan up to $5,000, as modeled in the City of San Francisco.

The City of Willits currently has a Permanent Local Housing Allocation Program that funds the revolving loan program for housing rehabilitation with annual funds approximately between $100,000 -120,000. With Council authorization, a Sidewalk Repair Hardship Program or similar revolving loan program can be created, and potential funding options can be identified for sidewalk repairs.

CREATING A TEMPORARY WAIVER FOR SIDEWALK REPAIR PERMIT FEES To encourage all Willits property owners to repair damaged sidewalks, staff have also proposed a temporary fee moratorium. For a period of six months, all administrative fees assessed for the repair of sidewalk damage would be waived for all Willits property owners. With Council authorization, a fund could be identified for sidewalk repairs, and used to fund the waivers for administrative fees.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 5
Currently, the City of Willits Design & Construction Standards used for sidewalk permitting and construction have not been finalized or approved by an engineer. Staff recommend that the City Council consider prioritizing updates to the City of Willits Design & Construction Standards to accommodate the increase in sidewalk permit applications submitted by private property owners that are anticipated to be associated with the proposed waived administrative fees for sidewalk repair.

FISCAL IMPACT:

The proposed Sidewalk Liability Ordinance will likely reduce the potential for the City to be required to payout for sidewalk related injuries because (1) property owners will be more likely to maintain sidewalks in a safe condition if they are liable for injuries due to damaged and neglected sidewalks adjacent to their property; and (2) the City would have the right to recover from property owners and their insurance companies a portion of the claims for injuries resulting from unsafe sidewalk conditions. Requiring sidewalk compliance at property title transfer would have a net neutral impact, given that inspection costs would be recovered by administrative fees.

The two proposed programs that would perform sidewalk repairs at no cost to qualifying low-income property owners and temporarily waive all administrative fees for sidewalk repairs for all property owners would have a short-term negative fiscal impact, however, funding would need to be identified and allocated towards a new citywide sidewalk repair program. Overall, however, reducing citywide sidewalk damage could reduce potential trip-and-fall claims, ADA (Americans with Disabilities Act) grievances, and other unplanned City expenditures. Funding to support sidewalk repairs for low-income property owners and to waive administrative permit fees must be identified and allocated by the City Council in order to create and support a Resolution to authorize the City to fund a program for private property sidewalk repairs for lowincome property owners and begin waiving administrative permit fees. Other cost-sharing or loan programs may be considered by the City Council, such as a revolving loan fund providing cost-sharing funds for sidewalk repairs throughout the City.

In addition to the proposed Hardship Program for qualifying low-income property owners, another program could be considered by City Council that would financially assist with the repair or replacement of sidewalks in locations that have been prioritized by City Council Goals or Policies and future citywide plans addressing sidewalk use, landscaping, and maintenance. A program financially supporting sidewalk repairs based on location could use a standardized system that provides scoring weights for each prioritization factor per asset category in recognition that different assets serve distinct needs, such as the system outlined by the City of San Diego (Council Policy 800-14).

PUBLIC OUTREACH/INTEREST:

An Informational Discussion was presented during the November 8, 2023 City Council meeting where members of the public were able to provide comment during the discussion.

COORDINATION:

The Office of the City Attorney, City Manager, Community Development Department, and Services & Facilities Department were consulted in the preparation of this report.

APPLICABLE COUNCIL GOALS:
• Administration: Goal 1
• Administration: Goal 2.5
• Services & Facilities: Goal 1

SUMMARY OF PROPOSED REVISIONS (ATTACHMENT A) TO MUNICIPAL CODE SECTION CHAPTER 12.16:

1. LIABILITY ORDINANCE DETAILS:
i. Liability for sidewalk repairs.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 6

2. POINT OF SALE ORDINANCE DETAILS:
i. Sidewalk Repairs Self-Certification Process.
ii. Standards that trigger sidewalk repair.

3. OTHER ORDINANCE REVISIONS:
i. Noticing and repair-work timeframes and deadlines.
ii. Enforcement, inspection, and property lien requirements. iii. Financial responsibility for different types of sidewalk repair costs. iv. Repair-work standards and requirements.

SUMMARY OF PROPOSED (FUTURE) REVISIONS (ATTACHMENT B) TO MUNICIPAL CODE SECTION CHAPTER 12.16:

These are proposed ordinance revisions and/or additional ordinances that support sidewalk ordinances that may be brought forward for review and/or implementation at a later date.

POTENTIAL ADDITIONAL POLICIES:

1. Sidewalk Engineering Standards

2. Encroachment Permit Updates
POTENTIAL ORDINANCES OR CITYWIDE PLANS:

3. Establishing a ‘Sidewalk Repair Hardship Program.’

4. Public art on sidewalk or public right-of-way areas.

5. Establishing a ‘Better Streets Plan’ for sidewalk and street design.

6. Establishing an Outdoor Dining Ordinance

7. Urban Forestry/Tree Ordinance

8. Sidewalk Landscaping

9. Special Event Ordinance

ENVIRONMENTAL REVIEW
PURPOSE:

This is an information item for discussion only and is not subject to California Environmental Quality Act (CEQA) at this time. When the details of the Sidewalk Ordinance are presented and proposed, it is anticipated that the Sidewalk Ordinance amendments will be exempt from environmental analysis in accordance with the Section 15183 of the California Environmental Quality Act (CEQA), to evaluate potential environmental impacts associated with the proposed Ordinance amendments.

Revisions to Municipal Code: Sidewalks, Curbs, and Gutters - Construction & Repair PAGE 7

FINAL RECOMMENDATION
No Action. Review the staff report, potential ordinance revisions and requirements, Council members may provide comments regarding the proposed ordinance Sections as part of the early stages of the ordinance evaluation process.

LIST OF ATTACHMENTS:

A. Proposed Revisions to City of Willits Municipal Code: Chapter 12.16 – Sidewalks, Curbs and Gutters – Construction and Repair
B. Comparison Table: sidewalk ordinances, supporting ordinances and policies in cities in California C. Fact Sheet: “The City of Willits is Preparing a New Sidewalk Ordinance: Who’s Responsible for Sidewalk Repairs?”
D. Streets and Highways Code (SHC) Article 2, Sections 5610-5618; Article 3, Sections 5625-5630 E. Shoup, Donald. “Fixing Broken Sidewalks.” Access Magazine, 2010 Proposed Amendments: Title 12 - STREETS, SIDEWALKS, AND PUBLIC PLACES Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS—CONSTRUCTION AND REPAIR** Willits, California, Code of Ordinances Created: 2023-11-20 15:37:12 [EST] (Supp. No. 18)

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Willits City CouncilMay 22, 2024

Willits City Council
May 22, 2024