A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
RIDGECREST REDEVELOPMENT AGENCY APPROVING THE
TRANSFER OF CERTAIN PROPERTY LOCATED AT E. WARD
AVENUE AND MCLEAN STREET (APN 033-070-28) TO DESERT
VALLEYS FEDERAL CREDIT UNION AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, prior to February 1, 2012, the Ridgecrest Redevelopment Agency (“Former Agency”) was a community redevelopment agency duly organized and existing under the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), and was authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council (“City Council”) of the City of Ridgecrest (“City”); and WHEREAS, Assembly Bill x1 26, chaptered and effective on June 27, 2011, added Parts
1.8 and 1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all redevelopment agencies and winding down of the affairs of former agencies, including as such laws were amended by Assembly Bill 1484, chaptered and effective on June 27, 2012 (together, the “Dissolution Act”); and
WHEREAS, as of February 1, 2012 the Former Agency was dissolved pursuant to the Dissolution Act and as a separate legal entity the City serves as the Successor Agency to the Ridgecrest Redevelopment Agency (“Successor Agency”); and WHEREAS, pursuant to Health & Safety Code Section 34191.5(b), upon the Successor Agency’s receipt of a “Finding of Completion” from the California Department of Finance pursuant to Health & Safety Code Section 34179.7, the Successor Agency was required to prepare a long range property management plan for the Former Agency’s real property assets and submit the approved long range property management plan to the Oversight Board and the Department of Finance for approval, all within six months of the date of the Finding of Completion; and
WHEREAS, during December of 2013, pursuant to Health & Safety Code Section 34179.7, the Successor Agency received a Finding of Completion from the California Department of Finance (“DOF”); and
WHEREAS, on February 20, 2014, by its Resolution NO. 14-13, the Successor Agency approved a long range management plan (the “February 2014 PMP”), which February 2014 PMP was subsequently approved by the Oversight Board to the Successor Agency on February 24, 2014 by its Resolution No. 14-02, and was subsequently submitted to DOF. DOF required that certain modifications be made to the February 2014 PMP, resulting in a revised long range property management plan (the “February 2015 LRPMP”, as approved by Resolution No. 15-02 (the “LRPMP”), and subsequently approved by DOF; and
WHEREAS, one of the properties described in the LRPMP is a parcel located at E. Ward Avenue and McLean Street in the City of Ridgecrest and identified as Assessor Parcel Number (“APN”) 033-070-28 (the “Property”). The Successor Agency has received an offer by a private entity, Desert Valleys Federal Credit Union (the “Buyer”) to purchase the Property for a price of Resolution 24-Xx Page 2 of 3
Two Hundred and Fifty Thousand Dollars ($250,000.00) (the “Purchase Price”) under those terms and conditions set forth in that certain draft instrument entitled “Vacant Land Purchase Agreement and Joint Escrow Instructions” in the form submitted herewith (the “Purchase and Sale Agreement”). The Purchase and Sale Agreement constitutes an offer by the Buyer to purchase the Property; and
WHEREAS, the Purchase and Sale Agreement has been negotiated at arm’s length and the Purchase Price, having been arrived at following an extended marketing period, is similar to sales prices realized for nearby properties and represents the fair value of the Property; and WHEREAS, in the event the sale of the Property is accomplished under the Purchase and Sale Agreement, the proceeds of sale, net of costs (including closing costs as well as amounts necessary to satisfy liens of record), will be available to be factored out ratably among taxing agencies after current payments are made on enforceable obligations as approved on the redevelopment obligation payment schedule (“ROPS”); and WHEREAS, while the LRPMP provided for the possibility of acquisition of the Property by the City of Ridgecrest (the “City”) for the promotion of future economic development opportunities, the Successor Agency has, instead, been able to locate a private purchaser of the Property which will generate revenues available to taxing agencies upon the successful implementation of the Purchase and Sale Agreement. Consequently, the proposed sale under the Purchase and Sale Agreement does not implicate acquisition by the City for future redevelopment activities (as that terminology is used in subsection (f)(1) of Section 34180 of the California Health & Safety Code) and no compensation agreements will be required to be entered into, now or in the future, by the Successor Agency or City related to the Property; and WHEREAS, by this Resolution, the Successor Agency desires to approve the transfer of the Property by the Successor Agency to the Buyer on the terms set forth above in this Resolution;
NOW THEREFORE, BE IT RESOLVED by the Successor Agency to the Ridgecrest Redevelopment Agency, as follows:
SECTION 1. The Successor Agency finds and determines that the foregoing recitals are true and correct. In particular, the Successor Agency specifically finds that (i) the disposition of the Property as described in the foregoing portion of this Resolution is consistent with and in furtherance of the LRPMP; (ii) the disposition of the Property as described above is not a transfer to the City for future redevelopment activities and (iii) under each of the bases set forth in the foregoing portion of this Section 1 (namely, (i) and (ii), respectively, each independently effective), neither the Successor Agency nor the City shall be required to enter into compensation agreements with taxing entities with respect to the Property; rather the Successor Agency will make available for the benefit of taxing agencies the net proceeds of sale, after covering costs, from the sale of the Property under the Purchase and Sale Agreement. The Successor Agency further finds and determines that the Purchase Price represents the fair value of the Property.
Resolution 24-Xx Page 3 of 3
SECTION 2. The Successor Agency approves and consents to the transfer by deed or other means of the Property by the Successor Agency to the Buyer under the Purchase and Sale Agreement. The Successor Agency approves the Purchase and Sale Agreement and authorizes and directs the Executive Director to execute the Purchase and Sale Agreement and to execute a grant deed to transfer the Property to the Buyer and such other instruments as may be necessary or convenient to effect the transfer of the Property to the Buyer under the Purchase and Sale Agreement.
SECTION 3. The Successor Agency shall maintain on file as a public record this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Successor Agency to the Ridgecrest Redevelopment Agency, held on this the ____ day of _________, 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair, Successor Agency to the
Ridgecrest Redevelopment Agency
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA)
PRESENTED BY:
L. Scott Hayman, City Council / IWVGA Representative
SUMMARY:
Report and discussion regarding Board meetings of the IWVGA. Including, Board discussion and consideration of issues of importance requiring action by the IWVGA.
FISCAL IMPACT: None
ACTION REQUESTED: Discuss
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: May 15, 2024
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest Adopting A Position Description For A Part-Time Community Development Clerk Into The Classification Plan PRESENTED BY: Travis Reed, Deputy City Manager
SUMMARY:
The City Council in its adoption of the Fiscal Year 2023-2024 budget, adopted a classification plan that governs approved position descriptions for the City. This plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes. The Community Development Department has been using a temporary, part-time position for these purposes through S.A.S.S. which is nearing the end of its allowable time. Community Development Clerk work is ongoing, and would need to be conducted by Community Development staff including Community Development Techs, City Planner, and Public Works Director to keep the future digitization project on going. These staff members are juggling their duties and we fear this work would stop with the loss of this position.
Based on our current staffing level, this task would create a burden on other staff and would cause this project to come to a halt. As most of council is aware, we are required to have the ability to do online permits, having a data management system to do this is crucial. We are working toward a solution for this and currently need to continue to sort through all the old files to keep relevant documents and discard documents that are not necessary. With this we can then digitize and build our database efficiently.
Proposed Staffing level:
Add a part-time Community Development Clerk. Staff will keep funding in line with the approved and adopted budget, and will actually pay the position more and save money since we are not going through a temporary employment agency.
The part-time Community Development Clerk will report directly to the Public Works Director and possibly to the Planning and Economic Development Manager in FY 24-25.
It is recommended that this resolution be adopted authorizing the adoption of a part-time Community Development Clerk Position as described in the attached job description.
FISCAL IMPACT: No Direct Impact, as open position salary savings will cover.
ACTION REQUESTED: Adopt the resolution approving the part-time Community Development Clerk Position.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested Submitted by: Travis Reed Action Date: May 15, 2024
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RESOLUTION NO. 24-Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST ADOPTING A POSITION DESCRIPTION FOR A PART
TIME COMMUNITY DEVELOPMENT CLERK INTO THE
CLASSIFICATION PLAN
WHEREAS, The City Council of the City of Ridgecrest (hereafter referred to as the “City Council”) has, by previous resolution adopted a classification plan that governs approved position descriptions, and;
WHEREAS, this plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes, and; WHEREAS, the City Council in its adoption of the Fiscal Year 2023 - 2024 budget did not approved funding for a part-time Community Development Clerk position, and; WHEREAS, the part-time community Development Clerk, will not constitute the addition of personnel, other than those previously approved during the budget hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest authorize the adoption of the part time Community Development Clerk position job description “Exhibit A” into the City’s current classification plan as outlined in “Exhibit B”.
APPROVED AND ADOPTED this 15th day of May 2024, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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CITY OF RIDGECREST
PART-TIME COMMUNITY DEVELOPMENT CLERK
DEFINITION
Under general supervision, performs specialized clerical work for the organization and maintenance of records and plans; prepares plans and records for digitalization; prepares plans and records for archiving; and carries out a variety of routine filing and sorting in connection with the Building, Public Works and Planning Departments’ records.
CLASS CHARACTERISTICS
Community Development Clerks are responsible for the record keeping, filing, and organization of plans, and permits.
Incumbents are expected to perform a broad range of duties related to records.
ESSENTIAL FUNCTIONS
Carries out a variety of general clerical duties according to existing policies and procedures including routine posting, computations, filing, sorting and other clerical tasks as required.
Maintains non-routine files of alpha, numeric, geographic, or other nature.
Responsible for maintaining and organizing department records, various types of building plans, street plans and grading plans in filing systems.
Preparing documents for archiving and scanning.
Digitalizing of physical plans and records.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include graduation from high school or equivalent and three years of clerical experience which includes routine record keeping, and the application of procedures in the performance of assigned tasks.
Knowledge , Skills, and Abilities
Working knowledge of general recordkeeping practices, procedures, methods, and office equipment.
Ability to perform routine clerical, record keeping work; communicate effectively; establish and maintain cooperative working relationships; use of computer and a variety of software programs.
Special Requirements
Possession of or ability to obtain a Class C California driver’s license and a satisfactory driving record may be required for some assignments.
Receive satisfactory results form a background investigation, physical examination, and drug testing.
PHYSICAL PROFILE: I,4,7,12
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TITLE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11 Recreation Leader I 1020 Hourly 16.5375 17.3644 18.2326 19.1442 20.1014 21.1065 21.6342 22.1751 Recreation Leader II 1021 Hourly 17.0888 17.9432 18.8404 19.7824 20.7715 21.8101 22.3554 22.9143 Recreation Leader III 1022 Hourly 17.6400 18.5220 19.4481 20.4205 21.4415 22.5136 23.0764 23.6533 P/T PACT Coordinator 1035 Hourly 16.9455 17.7928 18.6824 19.6165 20.5973 21.6272 22.1679 22.7221 23.2902 P/T Background Investigator 1040 Hourly 21.2684 22.3318 23.4484 24.6208 25.8518 27.1444 27.8230 28.5186 29.2316 29.9624 30.7115 P/T Administrative Analyst I 1063 Hourly 25.2517 26.5143 27.8400 29.2320 30.6936 32.2283 33.0340 33.8599 34.7064 35.5741 36.4635 Community Development Clerk 1037 Hourly 18.8404 19.7824 20.7715 21.8101 22.9006 24.0456 24.6467 25.2629 25.8945 26.5419 27.2054 Salary Schedule for Part-time
Effective on May 15, 2024
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution To Accept Supreme Courts Construction As A Sole Source Bidder, Award A Construction Contract To Supreme Courts Construction To Construct The Leroy Jackson Tennis Court Improvement, Allocate Six-Hundred & Fifty Thousand Three Hundred And Twenty-Four Dollars And Zero Cents ($650,342.00) From Identified Funds, And Authorize The City Manager, Ronald Strand, To Execute The Contract And Amendment
PRESENTED BY: Travis Reed, Public Work Director
SUMMARY: Wednesday, November 15th, 2023, was the deadline for the bids to be opened to construct the Clean California Leroy Jackson Sports Complex Tennis Court Improvement Project. No Bids were received. The City’s purchasing policy specifies that when supplies, material, equipment, or services are of a proprietary nature, or are otherwise of such specific design or construction like the tennis courts, as to be available from only one source, bidding requirements may be waived. Reasonable efforts to find competitive suppliers or bidders was unsuccessful. Based on the above and in compliance with the purchasing policy, the Finance Director recommends making the award to the sole source contractor.
After speaking with Willdan Engineering, and Willdan staff reaching out to numerous Court Contractors we identified a contractor (Supreme Courts) who was willing to look at our project and make recommendations as to how we could get the Courts repaired.
Supreme Courts met with staff and informed the City the courts could be repaired, and they would suggest certain changes to methods of repair, type of materials specified and coating system selected. After numerous meetings, conversations and discussions with the City Attorney, staff feels it is prudent to consider Supreme Courts a Sole Source Vendor since no interest was shown at bid time or could be found thereafter.
The City Manager, City Attorney and myself all agree this is the best option for us to complete this project in a timely manner.
Our staff has worked tirelessly to find a solution for repair of these courts and has settled on the full replacement of 2 courts, repairs of 4, and the recoating of all courts. Furthermore, with the recent surge of pickleball popularity, staff included stripping for 2 pickleball courts on each tennis court.
Funding – Source:
The funding source for this project is TAB funds and Unallocated General Fund Reserves.
The summary of the funding sources is in the chart below. Staff proposes the use of all the TAB funds, coupled with any and all future TAB investment earnings, with the remainder to be funded by unallocated general fund reserves. The general fund reserve amount will be only utilized for contingency and to cover any unforeseen items at the time of bidding.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
The Finance Director also seeks authorization to allocate any TAB Investment earnings +/- $15,000 to this project to minimize the use of general fund reserves.
The City Manager and the Finance Director concur that the proposed allocation is the most responsible way to fund the work
Proposed Funding Amounts:
Fund Amount
TAB (Tax Allocation Bond)
TAB $594,979.80
Investment Earnings +/- $15,000.00
Total $609,979.80 +/-
General Fund Reserve
Unallocated G.F. Reserve $55,264.20
Less TAB Investment Earnings +/- 15,000.00
Total $55,264.20 (max.)
$40,264.20 (min)
All Unallocated GF Reserve is if Necessary
Total Project Funding $650,244.00
The Leroy Jackson Park Tennis Court Improvement Project has been vetted and discussed numerous times and is recommended by City Staff and Willdan Engineering PM, Mr. Bustos.
Mr. Bustos had successfully worked with Supreme Courts on other projects, elevating the need for extensive background before.
The previous ARPA budget for this project was $ 576,000.00. The proposed funding is within the expected range for resurfacing of all the courts, and complete replacement of two courts.
Thus, staff recommends the award of a construction contract to Supreme Court Construction, in the amount of $591,122.00 with a 10% contingency for the total contract amount of $650,244.00.
FISCAL IMPACT:
$650,244.00 –funding sources described above.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
ACTION REQUESTED:
1. Allocates $594,979.80 TAB funds for the Leroy Jackson Tennis Court Improvement Project.
2. Allocate $55,264.20 of unallocated general fund reserves for the Leroy Jackson Tennis Court Improvement Project to cover contingency items of work.
3. Authorizes the award of a Construction Contract to Supreme Court Construction, as a sole source contract, to construct the Leroy Jackson Tennis Court Improvement Project in the Amount of Five-hundred & ninety-one thousand one-hundred & twenty-two Dollars and no Cents ($591,122.00).
4. Authorizes the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create a purchase order for Supreme Court Construction for $650,244.00, inclusive of the 10% contingency.
5. Authorizes the City Manager, Ronald Strand, to execute the contract and amendment.
6. Authorize the Finance Director to allocate/transfer any remaining TAB funds as investment interest is received to the Leroy Jackson Tennis Court Improvement Project thus minimize the impact on reserve accounts.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: May 15th, 2024
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RESOLUTION NO. 24-__
A RESOLUTION TO ACCEPT SUPREME COURTS CONSTRUCTION AS A SOLE
SOURCE BIDDERAND AWARD A CONSTRUCTION CONTRACT TO SUPREME
COURTS CONSTRUCTION TO CONSTRUCT THE LEROY JACKSON TENNIS
COURT IMPROVEMENTALLOCATE SIX-HUNDRED & FIFTY THOUSAND THREE HUNDRED AND TWENTY-FOUR DOLLARS AND ZERO CENTS ($650,342.00) FROM
IDENTIFIED FUNDS AND AUTHORIZE THE CITY MANAGER, RONALD STRAND,
TO EXECUTE THE CONTRACT AND AMENDMENT
WHEREAS, on Wednesday, June 21
ST
, 2023 Council Adopted the Fiscal Year 2023-2024
annual budget; and,
WHEREAS, resolution 23-32 spells out the circumstances whereby total fund appropriations may be and can be increased; and,
WHEREAS, certain increases in annual appropriations and estimated revenues to the budget require City Council Resolution prior to implementation; and, WHEREAS, following a bidding process no bids were received for the refurbishment of the Leroy Jackson tennis courts; and,
WHEREAS, City staff contacted Supreme Courts and entered into negotiations to complete the Tennis Court Improvement Project; and,
WHEREAS, the negotiated quote was reviewed and analyzed by Willdan Engineering’s Project Manager, Mike Bustos, for a recommendation, together with City Staff, with a base price of $591,220.00;
WHEREAS, an amount of $59,122.00 or ten percent (10%) of the $591,122.00 bid amount is needed for construction contingencies; and,
WHEREAS, the amount of unbudgeted TAB Funds needed is $594,979.80 for the Base Bid, and contingency; and,
WHEREAS, the amount of unallocated general fund reserves necessary for the Project, and contingency are $55,264.20, of which these funds will only be utilized should contingency be necessary; and,
WHEREAS, A purchase order will need be issued to Supreme Court Construction for total bid amount plus 10% contingency for $650,244.00 to construct the Project; and, WHEREAS, the Finance Director may need to make all future transfers necessary from TAB investment interest to fund the project minimizing the use of general fund reserves; and, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Allocates $594,979.80 TAB funds for the Leroy Jackson Tennis Court Improvement Project.
2. Allocate $55,264.20 of unallocated general fund reserves for the Leroy Jackson Tennis Court Improvement Project to cover contingency items of work.
Resolution No 24-xx Page 2 of 2
3. Authorizes the award of a Construction Contract to Supreme Court Construction, as a sole source contract, to construct the Leroy Jackson Tennis Court Improvement Project in the Amount of Five-hundred & ninety-one thousand one-hundred & twenty-two Dollars and no Cents ($591,122.00).
4. Authorizes the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create a purchase order for Supreme Court Construction for $650,244.00, inclusive of the 10% contingency.
5. Authorizes the City Manager, Ronald Strand, to execute the contract and amendment.
6. Authorize the Finance Director to allocate/transfer any remaining TAB funds as investment interest is received to the Leroy Jackson Tennis Court Improvement Project thus minimize the impact on reserve accounts.
APPROVED AND ADOPTED this 15th day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Eric A. Bruen, Mayor
ATTEST:
_____________________________
Ricca Charlon, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Of Ridgecrest Approving Contract Change Orders Number One Through Fourteen; And Quantity Adjustments Through April 25th, 2024 In The Amount Of $750,000.00 For The Phase II Sewer Rehab Project. Said Adjustments Are For Contract Additions, Unknown At The Time Of Bidding; And Work Necessary To Facilitate A Complete Project; Thereafter Authorize The City Manager, To Sign Said Change Orders PRESENTED BY: Travis Reed, Public Works Director
SUMMARY:
At the award of this project, staff made mention that this is the oldest area of town and the deepest line the City possesses. During our reconstruction we ran into numerous unknowns, and fought sandy soils from California Ave. to Argus St. Due to these soils, it required us to remove 100% of the flat work improvements along the west edge of 178 from Rite-Aid to Argus, some 80% more than what was anticipated at the time of bidding.
This not only added additional flatwork, but it also added additional paving which was not expected at bid time. Thereafter we crossed our existing storm drain in French Ave. and realized this line was in bad need of repair, during the reconstruction we found an additional line that needed to be replaced in order to allow the storm drain to work efficiently.
As previously stated, staff we wanted to complete all of the upgrade work in the Caltrans ROW from Argus to Ridgecrest Blvd. with this project, and with these additions we will have done so.
Staff is seeking council approval of $750,000 to be added to the project to cover work completed through April 25th, 2024, and the additional restoration work required.
Staff should not have any additional items to add with the approval of these CCO’s.
Please note, this is not a final reconciliation of this project, additional work is still underway but staff feels with this allotment it has more than sufficient funds to complete the project and leave 178 looking better than it ever has.
FISCAL IMPACT: A Project Budget increase in the amount of $750,000.00 to be allocated from Wastewater Enterprise.
ACTION REQUESTED:
1. Approves Contract Change Order number one through fourteen, and quantity adjustments to date for the Phase II Sewer Project in the amount of $750,000.00.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
2. Authorizes the Finance Director to fund the work from the Wastewater Enterprise, and to amend the budget to reflect all appropriate capital, revenue and transfer accounts to add $750,000.00 to the Project.
3. Authorizes the City Manager, Ronald Strand to execute Change Order Number One through fourteen.
CITY MANAGER’S RECOMMENDATION: Action is Requested
Submitted by: Travis Reed Action Date: May 15, 2024
(Revised Jan2019)
RESOLUTION NO. 24-Xx
A RESOLUTION OF THE CITY OF RIDGECREST APPROVING CONTRACT CHANGE ORDERS NUMBER ONE THROUGH FOURTEEN; AND QUANTITY ADJUSTMENTS THROUGH APRIL 25th, 2024 IN THE AMOUNT OF $750,000.00 FOR THE PHASE II SEWER REHAB PROJECT. SAID ADJUSTMENTS ARE FOR CONTRACT
ADDITIONS, UNKNOWN AT THE TIME OF BIDDING; AND WORK NECESSARY TO FACILITATE A COMPLETE PROJECT; THEREAFTER AUTHORIZE THE CITY
MANAGER, TO SIGN SAID CHANGE ORDERS
WHEREAS, After discussion with the City Manager and Finance Director; staff felt the addition of this work was necessary and cost effective to the city and its public; and, WHEREAS, Balancing quantities of materials, any extra work items are standard in Public Works Construction; and,
WHEREAS, The final balancing of quantities of materials and extra work payment shall be made through an additional change order at a subsequent date; and, WHEREAS, The original contract amount was $6,294,235.15 and; with current contract change orders and quantity adjustments in the amount of $728,547.88; and, WHEREAS, The original budget amount including a 10% contingency and with the budget addition of $750,000.00 the adjusted budget amount is $7,673,658.50; and, WHEREAS, The funding source for this Change Order will come from Wastewater Enterprise fund; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Approves Contract Change Order number one through fourteen, and quantity adjustments to date for the Phase II Sewer Project in the amount of $750,000.00.
2. Authorizes the Finance Director to fund the work from the Wastewater Enterprise, and to amend the budget to reflect all appropriate capital, revenue and transfer accounts to add $750,000.00 to the Project.
3. Authorizes the City Manager, Ronald Strand to execute Change Order Number One through fourteen.
APPROVED AND ADOPTED this 15th day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Eric Bruen, Mayor
ATTEST
____________________________
Ricca Charlon, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution To Amend A Professional Services Agreement With Willdan Engineering Inc. In The Amount Of $140,446.00 To Include Additional Inspection And Construction Management Time For The Phase II Sewer System Rehabilitation Project; And Authorize The City Manager To Execute The Amendment
PRESENTED BY: Travis Reed, Public Works Director
SUMMARY: The City of Ridgecrest previously entered into an agreement with Willdan Engineering Inc. to provide Construction Engineering Services for the Phase II Sewer Project The previous scope of work was as follows:
Provide Inspection, Project Management and Construction Engineering services for a project duration of 160 working days.
This Project has been impacted by numerous delays, including weather impacts, poor soil conditions leading to trench failures and increased limits of work, as well as additional work items being added to the contract via change orders, which has resulted in the actual construction duration exceeding the originally assumed duration.
Currently this project has been ongoing for 262 days, with an estimated completion date of May 24, 2024. (with a 15-day working buffer) well over the original budget. None of this could have been for seen at the time of bidding and therefore Staff recommends that the City Council approves the amended agreement and authorizes the City Manager, Ron Strand, to execute the amended agreement with Willdan Engineering Inc.
FISCAL IMPACT:
Previous - $314,908.00 from Wastewater Enterprise Fund.
Amendment 1 – request $140,446.00
Revised Total - $455,354 from Wastewater Enterprise Fund.
ACTION REQUESTED:
1. Amend a Professional Services Agreement to Willdan Engineering for Engineering services for the Phase II Sewer System Rehabilitation Project.
2. Allocate an additional $140,446.00 Wastewater Enterprise Funds to the previously authorized $314,908.00 by Resolution 22-75 as the source of City funding.
3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer account and amend a purchase order in the amount of $140,446.00, for a total of $455,354.00.
4. Authorize the City Manager, Ronald Strand, to execute the contract.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested:
Submitted by: Lovette Alligood Action Date: May 15, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-xx
A RESOLUTION TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC. IN THE AMOUNT OF $140,446.00 TO
INCLUDE ADDITIONAL INSPECTION AND CONSTRUCTION MANAGEMENT TIME FOR THE PHASE II SEWER SYSTEM REHABILITATION PROJECT; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT
WHEREAS, The City of Ridgecrest requires amended professional engineering services from Willdan Engineering for the Phase II Sewer System Rehabilitation Project; and, WHEREAS, the proposed services are based on time and materials for a not to exceed fee with written authorization; and,
WHEREAS, the services are for inspection, labor compliance and project management engineering services due to extended project duration outside of the control of Willdan Engineering; and, WHEREAS, the original time and materials not to exceed fee for Construction Engineering Services is for a total of $314,908.00; and,
WHEREAS, the proposed amended time and materials not to exceed fee for Construction Engineering Services is for a total amendment cost of $140,446.00. The revised total for this project shall be $455,354.00; and, WHEREAS, the funds will be allocated from the Wastewater Enterprise Fund.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Amend a Professional Services Agreement to Willdan Engineering for Engineering services for the Phase II Sewer System Rehabilitation Project.
2. Allocate an additional $140,446.00 Wastewater Enterprise Funds to the previously authorized $314,908.00 by Resolution 22-75 as the source of City funding.
3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer account and amend a purchase order in the amount of $140,446.00, for a total of $455,354.00.
4. Authorize the City Manager, Ronald Strand, to execute the contract.
APPROVED AND ADOPTED this 15th, day of May 2024 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eric A. Bruen, Mayor
ATTEST:
__________________________________
Ricca Charlon, City Clerk
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AMENDMENT NO. 1 TO CONSULTANT AGREEMENT
WILLDAN – PHASE II SEWER CONSTRUCTION ENGINEERING
This Amendment No. 1 to the Consultant Agreement ("Amendment No. 1") is entered into as of May 15, 2024 ("Effective Date"), by and between the City of Ridgecrest, a municipal corporation ("City"), and Willdan Engineering, a California corporation (“Willdan”). City and Willdan are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. Pursuant to Resolution 22-75, on December 7, 2022, City and Willdan entered into a Consultant Agreement for Professional and Engineering Services to provide Construction Engineering Services on the Phase II portion of the sewer collection mains and trunks CIP Sewer Projects. (“Master Agreement”). The Master Agreement” which is attached hereto as Attachment “B”. Phase II Sewer Line Rehabilitation encompasses China Lake Boulevard between Argus and California Avenue, and in California Avenue between China Lake Boulevard and Richmond Avenue, and various point repairs in the City of Ridgecrest. As Construction has continued, Willdan has provided inspection services that lasted longer than the projected working contract length.
With this Willdan has prepared a cost differential for the additional work as apparent in Attachment “A”
B. Section 20 (Integration) of the Master Agreement, states that the agreement “may not be modified or altered except in writing, signed by both parties”.
C. As commenced, the City has requested Willdan to submit a Change Order proposal to detail the additional requested work. The Change Order is attached hereto as Attachment “A”.
D. The Parties now desire to amend the Master Agreement to provide for certain professional and engineering consulting services related to design services including Class 3 defects/repairs in the CIP project and the engineers report. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Master Agreement.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Willdan hereby agree to amend the Master Agreement by this Amendment No. 1 as follows:
1. Additional Design Services. Subject to the terms and conditions of this Amendment No. 1, Willdan will provide through its professionals, the necessary professional and engineering services, as indicated by the tasks enumerated in Attachment “A” to this Amendment No. 1 consistent with applicable laws and good industry practices. For purposes of this Amendment No. 1, the aforementioned scope of additional services and tasks for design services as indicated in Attachment A shall hereinafter be referred to generally by the capitalized term “Work”. Work shall only be authorized and commenced for specific tasks and projects as provided for in Section 2(c) of the Master Agreement.
2. Consideration for Additional Services. The Section 3 of the Master Agreement shall be amended to increase the original not to exceed sum of $314,908.00 by $140,446.00 for a new total not to exceed sum, unless future written authorization is given of $455,354.00. The Scope of Services, additional tasks, and their respective funding allocations shall be amended as indicated in Attachment A.
3. Miscellaneous.
(a) Effect of Amendment. The term "Agreement" when used in this Amendment No. 1 or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Amendment No. 1 unless the context would require otherwise. Except to the extent the Master Agreement is modified by this Amendment No. 1, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Master Agreement and the terms and conditions of this Amendment No. 1, the terms and conditions of this Amendment No. 1 shall prevail and control. (b) Entire Agreement. The Master Agreement, together with this Amendment No.1, embodies the entire understanding between City and Willdan with respect to its subject matter and can be changed only by an instrument in writing signed by City and Willdan.
(c) Headings. Headings in this Amendment No. 1 are for convenience of reference only.
(d) Counterparts. This Amendment No. 1 may be executed in one or more counterparts, including facsimile counterparts or electronic-mail counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment No. 1.
[SIGNATURES NEXT PAGE]
IN WITNESS WHEREOF, this Amendment No. 1 has been executed as of the day and year first set forth above.
CITY OF RIDGECREST, WILLDAN ENGINEERING,
a municipal corporation a California corporation
By: By:
Name: Ron Strand Name:
Title: City Manager Title:
Date: __________________ Date:
ATTACHMENT “A”
(Change Order - Additional Scope of Work)
Willdan Proposal dated April 25, 2024
April 25, 2024
Mr. Travis Reed
Public Works Director/Deputy City Manager
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Budget Amendment Request No. 1 for Phase II Sewer System Rehabilitation Project - Construction Engineering Services - PO #2023-0265
Dear Mr. Reed:
Per previous discussions, this letter is to request authorization to modify the budget for our original construction engineering services contract for the Phase II Sewer System Rehabilitation Project. The City has engaged the services of Willdan Engineering to provide construction engineering services for the rehabilitation and replacement of sewer segments on California Ave, China Lake Blvd, Shamrock Ave, Mahan St, Wildrose Ave, and Cisco St.
Construction began on April 10, 2023 with an original specified duration of 160 working days, which was the assumed duration in Willdan’s proposal for this contract. The Project has been impacted by numerous delays, including weather impacts, poor soil conditions leading to trench failures and increased limits of work, as well as additional work items being added to the contract via change orders, which has resulted in the actual construction duration exceeding the originally assumed duration that our original budget was based on. Through April 19, 2024, the construction project has been ongoing for 262 working days. The Contractor’s most recent (April 2024) construction schedule update estimates completion of all work by May 24, 2024, which would be another 25 working days beyond the 262 working days referenced above.
Construction engineering fees are heavily impacted by the duration of a construction project, specifically the tasks of construction management, inspection, and labor compliance tasks. While Willdan’s involvement in managing other concurrent CIP construction projects for the City has resulted in efficiencies that have allowed us to stretch our original budget well beyond the originally assumed 160 working days, that original budget has now been exhausted and a contract amendment is necessary to sufficiently adjust the budget to provide services through the anticipated completion of the construction project.
FEE
Based upon the current anticipated completion date, and including an additional 15 working days of buffer beyond that to account for any additional delays or unforeseen issues, this Request would provide additional budget in the amount of $140,446 for the construction engineering services already expended beyond the original proposal amount and additional budget for the remaining estimated construction engineering services on the project.
To support this budget amendment request, an updated fee matrix and Willdan’s original proposed fee matrix have been provided on the following pages showing a comparison breakdown of the fees associated with the aforementioned items.
In conclusion, for the reasons noted above, Budget Amendment Request No. 1 proposes that Willdan Engineering’s current budget of $314,908 for PO #2023-0265 be increased by $140,446, for a revised total of $455,354 for the additional construction engineering services described in this request.
If you have any questions or need additional information, please contact me at (805) 279-6870.
Respectfully submitted,
WILLDAN ENGINEERING
Mike Bustos, PE, ENV SP
Deputy Director of Construction Management and Inspection Services
REVISED FEE PROPOSAL
April 25, 2024
ORIGINAL FEE PROPOSAL
ATTACHMENT “B”
(Master Agreement)
Consultant Agreement
Willdan Engineering