Ridgecrest City Council
June 5, 2024

be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626—
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and
(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract. (C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor. (2) A statement of—
(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan; (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; (iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—
(i) Small business concerns (including ANC and Indian tribes); (ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women-owned small business concerns.
(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small business, veteranowned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.
(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will—
(i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan;
(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;
(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteranowned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; (v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;
(vi) Provide its prime contract number, its unique entity identifier, and the email address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and
(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the email address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.
(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteranowned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating—
(A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women-owned small business concerns were solicited and, if not, why not; and
(G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact—
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor.

Contractors having commercial plans need not comply with this requirement. (12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if—
(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or
(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.
(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.
(15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242–5). (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns.

Where the Contractor's lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of small business, veteranowned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing the Dynamic Small Business Search (DSBS) at https://web.sba.gov/pronet/search/dsp_dsbs.cfm. (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan.
(6) For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small

business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern. (7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract.
(f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided— (1) The master subcontracting plan has been approved;
(2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master subcontracting plan, including evidence of its approval, to the Contracting Officer; and
(3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial products and commercial services. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial product or commercial service.

A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. A Contractor authorized to use a commercial subcontracting plan shall include in its subcontracting goals and in its SSR all indirect costs, with the exception of those such as the following: Employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments; bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods (negotiated up front with the product); utilities and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular geographical region; and philanthropic contributions. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year.
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
(i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in FAR 19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at FAR 52.212–5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services, or when the subcontractor provides a commercial product or commercial service subject to the clause

at FAR 52.244–6, Subcontracts for Commercial Products and Commercial Services, under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled “Utilization Of Small Business Concerns,” or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor.
(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be treated as subcontract awards by the Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas.
(1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting plan.
(i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, the Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection.
(ii)
(A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (B) If a subcontracting plan has been added to the contract pursuant to 19.702(a)(1)(iii) or 19.301–2(e), the Contractor's achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract.
(iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report.
(iv) The authority to acknowledge receipt or reject the ISR resides— (A) In the case of the prime Contractor, with the Contracting Officer; and

(B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract.
(2) SSR.
(i) Reports submitted under individual subcontracting plans. (A) This report encompasses all subcontracting under prime contracts and subcontracts with an executive agency, regardless of the dollar value of the subcontracts. This report also includes indirect costs on a prorated basis when the indirect costs are excluded from the subcontracting goals. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency.
(C) If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over the applicable threshold specified in FAR 19.702(a), and the contract contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime contractors.
(D) The report shall be submitted annually by October 30 for the twelve month period ending September 30. When a Contracting Officer rejects an SSR, the Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated.
(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract.
(ii) Reports submitted under a commercial plan.
(A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year and all indirect costs. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency.
(D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.

SMALL BUSINESS PARTICIPATION REQUIREMENTS
(Applies only to projects where CDBG funding is more than $250,000 and less than $750,000) I. It is the policy of the HUD that small businesses and women business enterprises shall have the maximum practicable opportunity to participate in the performance of HUD funded contracts.

II. The Contractor agrees to use his best efforts to carry out this policy in the award of his subcontracts to the fullest extent consistent with the efficient performance of this contract. Contractors may rely on written representations by subcontractors regarding their status as small businesses in lieu of an independent investigation.

III. A Small Business (SB) is a business, including its affiliates, which is independently owned and operated, not dominant in its field of operation in which it is bidding for government contracts, and qualified as a small business under the criteria in 13 CFR part 121. The size criterion entitled “Small Business Size Standards” is within this bid specification or request for proposal package for reference.

IV. Bidding Contractors shall make the maximum attempt feasible to achieve the County's objective for SB participation in CDBG funded contracts by performing the contract administration and compliance steps as follows:

A. Contract Administration: The contractor shall insert this clause in any subcontract involving CDBG funding of more than the simplified acquisition threshold, fixed at 41 U.S.C. 403 (11) (currently set at $250,000), monitor the subcontractor’s compliance, and maintain records of such compliance.

B. Contract Compliance: The Contractor shall evidence his/her understanding of and intent to comply with the County’s Planning and Natural Resources Department (PLNR) SB Plan by submitting, as an integral part of his/her bid, the following:

1. To verify attainment of County’s SB goals submit, with bid, Form SB-241 "SMALL BUSINESS

AND WOMAN BUSINESS ENTERPRISE UTILIZATION BID SUBMISSION TO THE COUNTY OF KERN"; and

2. When non-attainment occurs, submit, with bid, Form SB-242, "LIST OF NECESSARY AFFIRMATIVE STEPS TAKEN TO INVOLVE SMALL BUSINESSES (SBs)", including any additional documentation which provides evidence of the contractor’s efforts to attain the County’s SB goals, which is to include the following:
a. Statement of contractor’s efforts to enter into direct contact with SBs. b. Report of responses received from SBs, including proposals or bids and the contractor's response thereto.
c. Copies of correspondence sent to groups and individual SBs as notification of the contractor's intent to contract with SBs.
d. Report of specific contacts with small contractor's associations, small business development centers, or any other agency that may disseminate bid information to SBs. e. Description of specific efforts undertaken by prime contractors to encourage subcontractors to obtain SB participation.

The bid forms section within this bid specification or request for proposal package includes both SB Forms. Bidders are hereby notified that in the event they do not meet the County’s SB goal, their firm can still receive a CDBG funded contract if they performed all of the listed steps.

V. Bidders are hereby notified that the text of the entire SB Plan is available at PLNR upon request.

SMALL BUSINESS SUBCONTRACTING PROGRAM
(Applies only to projects where CDBG funding is more than $750,000) I. The Contractor agrees to establish and conduct a program which will enable small businesses to be considered fairly as subcontractors under this contract. The term "small business", as used in this clause, is defined at III. of the “Small Business Participation Requirements” contract clause. In this connection, the Contractor shall:

A. Designate a liaison officer who will administer the Contractor's Small Business Subcontracting Program.

B. Provide adequate and timely consideration of the potentialities of known small businesses in all "make-or-buy" decisions.

C. Assure small businesses will have an equitable opportunity to compete for subcontracts, particularly by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of small businesses.

D. Submit periodic reports of subcontracting to small businesses with respect to the records referred to in subparagraph (5), in such form and manner and at such time (not more often than quarterly) as Planning and Natural Resources Department (PLNR) SB Liaison Officer may prescribe.

E. Maintain records showing (i) procedures adopted to comply with the policies set forth in this clause, including the establishment of a source list of small businesses, (ii) awards to small businesses on the source list, and (iii) specific efforts to identify and award contracts to small businesses.

F. Cooperate with CEDD’s SB Liaison Officer in any studies and surveys; he/she may conduct, regarding small business procedures and practices of prime contractors.

II. The Contractor further agrees to insert, in any subcontract hereunder which may exceed $750,000, provisions which shall conform substantially to the language of this clause, including this paragraph II, and to notify the SB Liaison Officer of the names of such subcontractors.

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
(48 CFR 52.222-36)
(June 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

EQUAL OPPORTUNITY FOR

VETERANS
(48 CFR 52.222-35)
(JUNE 2020)
(a) Definitions. As used in this clause -
“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

Employment Reports on
Veterans
(48 CFR 52.222-37)
(JUNE 2020)
(a) Definitions. As used in this clause, “active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” and “recently separated veteran,” have the meanings given in Federal Acquisition Regulation (FAR) 22.1301. (b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on -
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); (2) The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and (3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (c) The Contractor shall report the above items by filing the VETS-4212 “Federal Contractor Veterans' Employment Report” (see “VETS-4212 Federal Contractor Reporting” and “Filing Your VETS-4212 Report” at http://www.dol.gov/vets/vets4212.htm).
(d) The Contractor shall file VETS-4212Reports no later than September 30 of each year. (e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the ending date selected for the report. Contractors may select an ending date -

(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS-4212. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212. (g) The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor.
12 This Page Intentionally Left Blank
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. For $28,600.00 To Provide Additional Design For The Extended Project Limits For The Bowman Channel Between S. Norma St. And S. China Lake Blvd.

PRESENTED BY: Travis Reed, Deputy City Manager
SUMMARY:

The City of Ridgecrest previously entered into an agreement with Willdan Engineering Inc. to provide Design, Cost Estimating, Environmental Compliance and possibly Environmental Special Studies for Environmental Clearances for the Bowman Channel Arch Culvert and Check Dam Structures Project. The previous scope of work was as follows: Design an arch culvert under the S. Norma Street crossing of the Bowman Channel and the check dam structures between S. China Lake Blvd. and S. Norma Street. The specific project included surveying (Intersection only), hydrology verification, hydraulic calculations, design, engineers cost estimates, CEQA and NEPA environmental compliance and possibly CEQA and NEPA special studies for environmental clearances in order to have a shovel ready flood control construction project.

With the acceptance of the proposal in 2021 and subsequent amendments 1, 2, and 3, staff will complete another section of the Bowman Channel, and facilitate the intersection capacity for expansion. Mainly it will be widened to full capacity and be laid out in a manner that signalization can be utilized at a future date.

This fourth amendment request stems directly from the realignment necessary after the City water line rupture on Downs St, which facilitated the need to complete the drainage in this region
Staff surveyed additional area, all in house saving valuable dollars, and expanded the scope of the project to better handle water, and traffic with in the Bowman and Norma Corridor. Staff feels building this intersection to the ultimate capacity will minimize future impacts to Citizens, and bring one of our two intersections that are at a Level of Service B to a level of Service A.

The proposed improvements for this amendment 4 consist of:

1. Further Curb and gutter extensions along Bowman Rd.

2. Pave out and widening of Bowman Rd. and the capacity for a future signal.

The proposed amended services are on a time and materials basis not to exceed without Council authorization. The Scope of Services include, design, environmental, specifications, cost estimating, and the complete design of intersection improvements.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
These services will yield a shovel ready project, alleviate another major flooding issue, and complete a vital stretch of the Bowman Channel, Bowman Rd. and Norma St.

The fee for the project amendment is $28,600.00. City Council previously authorized a Professional Services agreement, and revisions (Amendment 1, Amendment 2, and Amendment 3), for an amount of $190,345.00 via. Resolution 2020-43, 2021-39, 2022-23, 2023-84 respectively. The new amended total, if approved shall be $218,945.00. The fee will be funded with drainage impact fees.

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 - $92,662.00 from Drainage Impact Fees Amendment 1 - $41,210.00
Amendment 2 - $24,473.00
Amendment 3 - $32,000.00
Amendment 4 - $28,600.00
Revised Total - $218,945.00 from Drainage Impact Fees
ACTION REQUESTED:

1. Award the Revised Professional Services Agreement to Willdan Engineering described above for the Bowman Channel Arch Culvert and Check Dam Structures Flood Control Project.

2. Allocate $28,600.00 of additional Drainage Impact Fees.

3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and amend a purchase order 2021-081 for a total amount of $218,945.00.

4. Authorize the City Manager, Ronald Strand, to execute the contract.

CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:

Action as requested
Submitted by: Travis Reed Action Date: June 5
th, 2024
RESOLUTION NO. 24-__
Resolution 24-xx Page 1 of 1

A RESOLUTION TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC. FOR $28,600.00 TO PROVIDE ADDITIONAL

DESIGN FOR THE EXTENDED PROJECT LIMITS FOR THE BOWMAN
CHANNEL BETWEEN S. NORMA ST. AND S. CHINA LAKE BLVD
WHEREAS, The City of Ridgecrest requires amended professional design, environmental compliance and environmental clearance services from Willdan Engineering for the Bowman Channel Arch Culvert under Norma Street and Check Dam Structures Flood Control Project; and, WHEREAS, the proposed services are based on a time and materials proposal for a not to exceed fee without Council approval; and,
WHEREAS, the services are for additional design and environmental services such as:
intersection alignment and widening; and,
WHEREAS, the current time and materials not to exceed fee as amended by Amendment 3 for the Design and CEQA/NEPA Environmental Compliance scope is $190,345.00; and, WHEREAS, the proposed amended time and materials not to exceed fee for the project expansion is $28,600.00; and,
WHEREAS, the revised total for a shovel project shall be $218,945.00; and, WHEREAS, the funds will be allocated from the Drainage Impact Fees.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Award the Revised Professional Services Agreement to Willdan Engineering for the Norma & Bowman Channel Arch Culvert and Check Dam Structures Flood Control Project.

2. Allocate $28,600.00 of additional Drainage Impact Funds.

3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and amend a purchase order 2021-081 for a total amount of $218,945.00.

4. Authorize the City Manager, Ronald Strand, to execute the contract APPROVED AND ADOPTED this 20th day of December 2023 by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Eric A. Bruen, Mayor
ATTEST:
__________________________________
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
-1-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
AMENDMENT NO. 4 TO CONSULTANT AGREEMENT
WILLDAN – BOWMAN CHANNEL
This Amendment No. 4 to the Consultant Agreement ("Amendment No. 4") is entered into as of ______, 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 20-43, on June 4, 2020, City and Willdan entered into a Consultant Agreement for Professional and Engineering Services to provide professional design and environmental compliance services for a flood control project at the Bowman Channel Arch Culvert (“Master Agreement”). The Master Agreement” which is attached hereto as Attachment “B”. Thereafter pursuant to Resolution 21-39, July 7th, 2021, City and Willdan Amended the Agreement for Professional and Engineering Services to provide professional design and environmental compliance services for a flood control project at the Bowman Channel Arch Culvert (“Amendment 1”). Amendment 1 is attached here to as Attachment “C”. Thereafter pursuant to Resolution 22-23, April 6 th, 2022, City and Willdan Amended the Agreement for Professional and Engineering Services to provide professional design and environmental compliance services and Grant reapplication for a flood control project at the Bowman Channel Arch Culvert (“Amendment 2”). Amendment 2 is attached here to as Attachment “D”. Thereafter pursuant to Resolution 23-84, December 20th, 2023, City and Willdan Amended the Agreement for Professional and Engineering Services to provide professional design and environmental compliance services and Grant reapplication for a flood control project at the Bowman Channel Arch Culvert (“Amendment 3”). Amendment 3 is attached here to as Attachment “E”. The Bowman Channel Arch Culvert is located S Norma Street and Check Dam structures between S. Normal Street and S. China Lake Boulevard in the City of Ridgecrest. We have further revised this project to include the ability for a full build out of the intersection complete with future provisions for a 4-way traffic signal.

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”.

C. The Parties now desire to amend the Master Agreement to provide for certain professional and engineering consulting services related to designing new elements of the water system. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Master Agreement.
-2-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT

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. 4 as follows:

1. Additional Design Services. Subject to the terms and conditions of this Amendment No. 4, 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. 4 consistent with applicable laws and good industry practices. For purposes of this Amendment No. 4, 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. Section 3 of the Master Agreement as amended by amendment No. 3 is currently a not to exceed sum of $190,345.00. The master agreement original contract price was a not to exceed sum of $92,622.00. Amendment 2 added an additional $24,473.00 for additional services including but not limited to: Scope changes, grant re-application for the FEMA HMGP grant, and additional design work to facilitate drainage into the channel. The full Scope of Services, additional tasks, and their respective funding allocations as amended can be found as part of resolution 21-39. Amendment 3 added an additional $32,000.00 for additional services including but not limited to: Scope changes, additional design work to facilitate drainage into the channel, inclusive of Storm drains, curb and gutter and additional paving limits etc. The full Scope of Services, additional tasks, and their respective funding allocations as amended can be found as part of resolution 23-84.

Amendment No. 4 was requested by City Staff to facilitate a complete intersection. With the recent need to reconstruct the intersection of Downs and Bowman City Staff felt it was necessary facilitate further alignment changes so flow could be achieved from the Downs improvements through Norma. This included additional intersection alignment work at Norma and future provisions for a signalized intersection. (a) Section 3 of the Master Agreement shall be amended to increase the Amended not to exceed sum of $190,345.00 by $28,600.00 for a new total not to exceed sum of $218,945.00. The Scope of Services, additional tasks, and their respective funding allocations shall be amended as indicated in Attachment “A” said funds shall be pulled from Drainage Impact Fees.

3. Miscellaneous.
(a) Effect of Amendment. The term "Agreement" when used in this Amendment No. 4 or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Amendment No. 4, Amendment No. 3, Amendment No. 2 and Amendment No. 1 previously, unless the context would require -3-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
otherwise. Except to the extent the Master Agreement is modified by this Amendment No. 4, 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. 4, the terms and conditions of this Amendment No. 4 shall prevail and control. (b) Entire Agreement. The Master Agreement, together with this Amendment No.4, 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. 4 are for convenience of reference only.

Counterparts. This Amendment No. 4 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. 4.
-4-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
IN WITNESS WHEREOF, this Amendment No. 3 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:
-5-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “A”
(Change Order - Additional Scope of Work)
Willdan Proposal dated November 30, 2023
May 2, 2024
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Budget Amendment Request No. 4 for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following budget amendment request for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun based on meetings with City Staff. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

Willdan’s original budget of $92,662.00 included regulatory agency coordination, environmental compliance, design engineering and an option for CEQA/NEPA special studies. Budget Amendment No. 1 provided additional compensation for design updates to widen Norma St., Environmental updates to include the entire channel and FEMA HMGP Grant processing in the amount of $41,210.00, budget amendment 2 included the resubmittal of the FEMA subapplication and additional grading limits to the channel in the amount of $24,473.00 and budget amendment 3 added $32,000 making our current amended contract amount $190,345.00.

SCOPE OF WORK
Task 1 Update Bowman Rd. to Revised Ultimate Condition.

Per direction from the City the alignment of Bowman Rd is to be updated to coordinate with the recently planned improvements at the intersection of Downs St. The project was originally only adding a right turn pocket southbound onto Norma St and an interim condition aligning with the improvements constructed at China Lake Blvd for the Wal Mart development. The goal is to set the curb ramps at the ultimate locations and delineate traffic with interim striping. Willdan will utilize the City provided topographic survey and additional survey shots included in these plans. Survey is not included in this proposal but can be provided under a separate fee and scope.

City of Ridgecrest
May 2, 2024

Based on previous meetings with the City Willdan developed the attached exhibit to show the ultimate section through the intersection at Norma St. The section includes 70’ from curb to curb with two through lanes and a left turn pocket in either direction. The interim condition will stripe off the extra pavement and utilize right turn pockets in both directions onto Norma St.

Willdan will also update the signing and striping plan to accommodate the right turn lane and interim delineation of traffic throughout the intersection.

Willdan will update the specifications and estimate to include the additional proposed improvements associated with the full intersection alignment.

Task 2 IWVWD Water Re-Alignment
As a part of budget amendment no. 2 Willdan was tasked with taking a previous consultant’s design of the ultimate channel improvements along Bowman. After further field investigation it was determined that there was an existing exposed water line running directly through the channel that was not accounted for in this previous design.

Willdan and the City met with Indian Wells Valley Water District (IWVWD) to discuss the best solution for this water line. This resulted in the conclusion to re-route this water line out of the channel and under our proposed improvements within Norma. IWVWD proposed that the new line be designed with Fusible PVC.

Willdan will coordinate with the District’s fusible PVC vendor on specific design standards for the line. The District provided a PDF of the current specifications to include in our specification package. Willdan will provide a separate estimate and bid schedule for work associated with the relocation of the water line.

Willdan will prepare additional plans for the extra limits of street and storm drain improvements. The following plans are assumed based on the provided preliminary plans:

1. 1 Water Plan and Profile Sheets at 1” = 20’ scale

2. 1 IWVWD Notes and Detail Sheet
Willdan assumes 2 virtual meetings with the Water District to be included with this scope and fee. Willdan will also update the specification package to include IWVWD standard specifications and additional technical special provisions associated with the Water line.

City of Ridgecrest
May 2, 2024

FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $28,600. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

In conclusion, Willdan Engineering’s current amended budget of $190,345 is proposed to be increased by $28,600, for a revised total of $218,945 to include the additional limits of street and water improvements.

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Director of Engineering Travis Reed, Public Works Director May 2, 2024
Date Date

CITY OF RIDGECREST

PUBLIC WORKS DEPARTMENT
100 W. CALIFORNIA AVENUE
RIDGECREST, CA. 93555
(760) 499-5000

CITY OF RIDGECREST

BOWMAN CHANNEL
374 POLI STREET, SUITE 101
VENTURA, CALIFORNIA 93001
(805) 653-6597
Know what'sbelow.

Callbefore you dig.
® CONCEPT PLAN

BOWMAN RD AT S NORMA ST

BOWMAN ROAD S NORMA STREET

BOWMAN ROAD PROPOSED STREET CROSS SECTION
-6-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “B”
(Master Agreement)
Consultant Agreement
Willdan Engineering

-7-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “C”
(Change Order - Additional Scope of Work)
Willdan Proposal dated July 15th, 2021- Amendment 1
June 15, 2021
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Change Order for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following change order for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

SCOPE OF WORK
Task 1.1 Widen S. Norma St. to Ultimate Width
Based on the original proposal it was understood that S. Norma St. was to remain as is.

Per the City’s request it was determined to widen S. Norma St. to ultimate width. This includes the addition of AC paving, Curb and Gutter, Sidewalk and an AC overside drain on the West side of the roadway.

In order to incorporate these changes grading revisions were required to widen the pavement and properly convey stormwater from the curb and gutter into the channel where it originally sheet flowed directly in. This also includes revisions to the plans to properly show and call out the additional improvements.

Task 1.2 Implement LiDAR data into Contours for Check Dam Design Willdan will utilize the LiDAR data provided by the City to incorporate into the Check Dam designs throughout the channel. Willdan will take the GIS data and create a TIN file to be used in AutoCAD Civil 3D 2021 format to create a topographic surface of the channel.

This topographic information will be utilized in the design of the Check Dams to adequately create details for their construction. To assist in the confirmation of the LiDAR data the City has mentioned that they have topographic data of the channel for another City of Ridgecrest
June 15, 2021

project running concurrently to this one in the channel. Willdan will utilize this data to confirm the accuracy of the LiDAR data.

Task 2 Prepare and Process Environmental Regulatory Approvals Based on initial communications with the Regional Water Quality Control Board (Regional Board) and California Department of Fish and Wildlife (CDFW), that were conducted as part of the original scope of work, both agencies stated that they have historically regulated construction within Bowman Channel. Since the project will have minimal impacts (less than 0.1 acre) to jurisdictional resources within Bowman Channel, and will improve water quality by connecting upstream and downstream waters under Norma Street, regulatory permits were not originally anticipated to be required.

However, both agencies stated that permit applications will need to be submitted in order for them to review all of the project information to make an informed decision on the need to issue a formal permit and require mitigation for impacts to jurisdictional resources, or if the project can proceed without the issuance of a formal permit. The proposed scope of work is provided below.

Task 2.1 Biological Technical Report Update
The existing Biological Technical Report that was specifically prepared to address the Bowman Channel Culvert Crossing project located at the intersection of Norma Street and Bowman Road will be updated. The existing Biological Technical Report will be updated to analyze biological resources within the Bowman Channel from Norma Street to China Lake Boulevard.

Literature Review
An updated database search of the California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings regarding sensitive biological resources known to occur in the region and vicinity of the site will be conducted. In addition, ELMT will conduct an updated review of jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land-use on natural drainage patterns in the area.

Field Investigation
Following the literature review, an updated field investigation will be conducted to document baseline conditions within Bowman Channel from Norma Street to China Lake Boulevard. The filed investigation will evaluate the site’s potential to support specialstatus species, sensitive habitat types, and/or jurisdictional drainages. During the field investigation, ELMT will also conduct a jurisdictional assessment to confirm the limits of jurisdictional of Bowman Channel located within the boundaries of the project site. The City of Ridgecrest
June 15, 2021

location of any special-status biological resources, if present on-site (i.e., plants, plant communities, jurisdictional drainage features, wildlife), will be recorded in the filed with a handheld GPS unit and mapped in ArcGIS.

Technical Report
The existing biological technical report will be updated with the results from the updated field investigation that will document all plant and wildlife species observed, all habitats occurring within Bowman Channel from Norma Street to China Lake Boulevard. If any special-status biological resources (i.e., plants, plant communities, drainage features, wildlife) are documented on-site, an exhibit will be created from the GPS data gathered during the site investigation. A detailed map of the plant communities and jurisdictional limits of Bowman Channel, and their respective acreages will also be provided in the report. The report will include a brief analysis of the project impacts to biological resources (i.e., special-status species, jurisdictional waters), if any, and will describe wildlife movement opportunities through the area, suggestions for further studies that may be needed prior to development, mitigation measures, and permit requirements, if needed.

Deliverables: An electronic copy (PDF) of the draft and final Biological Technical Report will be submitted. This Scope of Work assumes up to one (1) round of internal response to comments and updates to the report as necessary.

Task 2.2 Preparation of Regulatory Agency Applications
The regulatory application packages for the Regional Water Quality Control Board (Regional Board) Report of Waste Discharge Requirements (WDR), and the California Department of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement will be prepared concurrently. Each submittal package will generally include the following key items:
 Application cover letter: The letter will introduce the project and define the submittal document.
 Standard Agency Forms: The most recent standard forms for each agency will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will also be provided (including a discussion on best management practices).
 Project Exhibits: Exhibits will illustrate key project features and help clarify written text. Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site Plans.  Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters, Habitat Assessment, and CEQA Documentation (provided by client).

City of Ridgecrest
June 15, 2021

 Application Fees: The application filing fees shall be included in the applications pursuant to the Regional Boards’ and CDFW’s most recent filing fees (based on project costs and/or total impact); application fees will be provided by the Client.

This task includes one round of internal revisions. The deliverable for this task includes a draft and a final set of applications (PDF) to the Client for file. One copy of each application will also be formally submitted to each regulatory agency.

Task 2.3 Regulatory Approval Processing
Once the regulatory approvals are submitted, ELMT will provide services for the processing of the regulatory applications through the Regional Board and CDFW. It should be noted that the Regional Board stated in its initial communication that they do not anticipate the need to coordinate with the United States Army Corps of Engineers (Corps) since the Corps historically not regulated China Lake area as a waters of the United States. At this time, coordination with the Corps is not anticipated to be required to process an Approved Jurisdictional Determination to ensure Bowman Channel does not qualify as a “water of the United States.” The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the client, if necessary. Typically, agency comments are responded to via email and telephone; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package.

Task 3.1 Prepare FEMA NOI and Attend Webinar
Per the City’s Request via email Willdan worked to complete the Notice of Interest through the online FEMA database to meet the May 7th deadline. In order to be eligible for HMGP Grant funding the first step was to prepare and submit the NOI. With this being a time-sensitive request Willdan has already completed this task in an effort to keep the process moving expeditiously and meet the first funding deadline. Willdan successfully completed the NOI on time and received confirmation of eligibility from FEMA to move into the subapplication phase.

Willdan also attended the FEMA Subapplication Webinar presentation on May 12th to assist in the preparation and submission of the subapplicaiton per the City’s request.

Task 3.2 FEMA Subapplication Preparation
Willdan understands that FEMA has deemed the project eligible for HMGP Funding and must submit a full subapplication package by June 18, 2021. Willdan will prepare the subapplication package in accordance with the criteria outlined in the Hazard Mitigation Assistance Guidance documents located on the FEMA website. According to the City of Ridgecrest
June 15, 2021

website a complete package will consist of the following contents and outlined in the attached Subapplication Template:

0. Table of Contents

1. Subapplication

2. Scope of Work

3. Designs

4. Studies

5. Maps

6. Photos

7. Schedule (Additional documentation work schedule
components, Gantt chart, etc.)

8. Cost Estimate (HMGP Cost Estimate Spreadsheet and cost estimate narrative)

9. Match (Local Match Commitment Letter Template)

10. BCA Report (BCA Version 6.0 report and BCA supporting documentation)

11. Maintenance (Project Maintenance Letter Template)

12. Environmental (FEMA’s Site Information, Environmental Review and Checklist and all other environmental
documentation)

13. Authorization (Subrecipient Grants Management
Assessment Form)

14. Supporting Docs (Any additional supporting documentation) Willdan will include the 100% Design plans, Environmental reports and already produced backup documentation in the package. Willdan will complete the subapplication form and all required information as outlined in the template. The additional deliverables include:

1. Completion of subapplication form.

2. Willdan will create exhibits for FEMA identifying the following features as outlined in the template. Willdan will provide the associated shapefiles as a part of the application package.
a. Aerial of the site
b. Lat/Long Coordinates of improvements
c. Staging Area

3. Scope of Work Document in the FEMA format

4. Project Work Schedule utilizing the FEMA example spreadsheet. A supporting GANTT chart will be produced matching the spreadsheet.

5. HMGP Cost Estimate Spreadsheet and supporting Cost Estimate Narrative

6. Benefit Cost Analysis utilizing the FEMA Benefit Cost Toolkit.

City of Ridgecrest
June 15, 2021

7. FEMA Maintenance Assurance letter.

Willldan will utilize the City’s existing Master Drainage Plan as the supporting H&H study required as part of the subapplication package. Any additional H&H analyses required by FEMA can be provided under a separate fee and agreement.

Task 3.3 FEMA Subapplication Processing
Willldan will work with Cal OES staff and respond to inquiries regarding the processing of the FEMA subapplication. Willdan will make updates to the subapplication package based on coordination with Cal OES and FEMA staff.

FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $41,210. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Deputy Director of Engineering Travis Reed, Public Works Director June 15, 2021
Date Date

WILLDAN ENGINEERING
$207 $177 $155 $160 $126 ELMT ($)

SUMMARY TASK
Task 1.1 Widen S. Norma St. to Ultimate Width 1 2 8 11 $1,841 Task 1.2 Implement LiDAR data into Contours for Check Dam Design 1 2 12 16 31 $4,497 Design Updates Subtotal 2 4 0 20 16 $0 $0 42 $6,338
Task 2.1 Biological Technical Report Update 1 2 $3,565 3 $4,052 Task 2.2 Preparation of Regulatory Agency Applications 1 2 $4,025 3 $4,512 Task 2.3 Regulatory Approval Processing 1 4 $5,750 5 $6,547 Environmental Regulatory Approvals Subtotal 0 3 8 0 0 $ 13,340 0 11 $15,111 Task 3.1 FEMA NOI and Webinars 2 20 4 26 $4,594
Task 3.2 FEMA Subapplication Preparation
Task 3.2.1 Complete Subapplication Form 1 2 6 $100 9 $1,417 Task 3.2.2 FEMA Exhibits 2 6 8 16 $2,322
Task 3.2.3 FEMA Scope of Work 1 2 4 7 $1,065
Task 3.2.4 FEMA Project Work Schedule 2 8 10 $1,362
Task 3.2.5 FEMA Cost Estimate 2 6 8 $1,110
Task 3.2.6 FEMA Benefit Cost Analysis 4 8 12 $1,716
Task 3.2.7 FEMA Maintenance Assurance Letter 1 1 4 6 $888 Task 3.3 FEMA Subapplication Processing 1 8 4 24 37 $5,287 Design Engineering Subtotal 6 43 0 14 68 0 $100 131 $19,761 Fee/Hour Total All Scoped Services $1,656 $8,850 $1,240 $5,440 $10,584 $13,340 $0 $0 $ 41,210

CITY OF RIDGECREST

PROPOSED HOURS AND FEE SCHEDULE
Bowman Channel culvert Improvement crossing Norma Street June 15, 2021
TASK 3 FEMA HMPG GRANT PROCESSING
Principal
Planner
Deputy
Director
Direct
Expenses
SubConsultant Total Hours
HOURS
Project
Manager
Assistant
Engineer Sr. Des. II Total Fee
TASK 2 ENVIRONMANTAL REGULATORY APPROVALS
TASK 1 DESIGN UPDATES
6/15/2021
-8-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “D”
(Change Order - Additional Scope of Work)
Willdan Proposal dated March 9th, 2022- Amendment 2
March 9, 2022
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Budget Amendment Request No. 2 for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following budget amendment request for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun based on the emailed NTP dated 1/7/2022. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

Willdan’s original budget of $92,662.00 included regulatory agency coordination, environmental compliance, design engineering and an option for CEQA/NEPA special studies. Budget Amendment No. 1 provided additional compensation for design updates to widen Norma St., Environmental updates to include the entire channel and FEMA HMGP Grant processing in the amount of $41,210.00 making our current amended contract amount $133,872.00.

SCOPE OF WORK
Task 1.1 PS&E Full Channel Grading Addition
Per direction from the City a grading plan is to be prepared for the full limits of the channel in between Norma St. and China Lake. The limits of the grading will extend to the existing check dam built with the Wal Mart Development. The channel is to be graded to ultimate width as outlined in the Ridgecrest Master Plan of Drainage for reach BW-09. Preliminary plans and CAD files prepared by Cornerstone Engineering dated 3/26/2021 were provided by the City. These plans are to be finalized by Willdan Engineering and included with the Bowman Channel improvements. Willdan will utilize the provided topographic survey included in these plans. Survey is not included in this proposal but can be provided under a separate fee and scope.

City of Ridgecrest
February 28, 2022

Willdan will update the existing grading of the channel to tie into the new channel grading to ultimate width. This will include updating the grading of the channel to tie into the proposed check dams within the reach.

Willdan will prepare additional plans for the extra limits of the channel grading. The following plans are assumed based on the provided preliminary plans:

1. 2 Grading Sheets at 1” = 50’ scale

2. 1 Detail sheet
Willdan will update the specifications and estimate to include the additional proposed improvements associated with the full channel grading to ultimate width.

Task 1.2 Update Hydraulic Calculations for Full Channel Grading It is understood that the Ridgecrest Master Plan of Drainage has the associated hydrology calculations and design flows for the limits of the reach from Norma St. to China Lake. These values will be used in the hydraulic design of the channel. Willdan will perform hydraulic calculations to confirm the proposed improvements provide adequate capacity and are consistent with the Master Plan of Drainage. A full H&H report is not included in this proposal but can be added under a separate scope and fee.

Task 2.1 Update and Resubmit FEMA NOI
FEMA was not able to process the first HMGP grant funding application and has requested the City to enter the next cycle of funding. Per the City’s Request via email Willdan worked to resubmit the Notice of Interest through the online FEMA database to meet the January 21st deadline. In order to be eligible for HMGP Grant funding the first step was to prepare and submit the NOI. With this being a time-sensitive request Willdan has already completed this task in an effort to keep the process moving expeditiously and meet the first funding deadline. Willdan successfully completed the NOI on time and received confirmation of eligibility from FEMA to move into the subapplication phase.

Task 3.2 FEMA Subapplication Resubmittal
Willdan understands that FEMA has deemed the project eligible for HMGP Funding and must submit a full subapplication package by April 8, 2022. Willdan will update the subapplication package in accordance with the criteria outlined in the Hazard Mitigation Assistance Guidance documents located on the FEMA website. According to the website a complete package will consist of the following contents and outlined in the attached Subapplication Template:

City of Ridgecrest
February 28, 2022

0. Table of Contents

1. Subapplication

2. Scope of Work

3. Designs

4. Studies

5. Maps

6. Photos

7. Schedule (Additional documentation work schedule components, Gantt chart, etc.)

8. Cost Estimate (HMGP Cost Estimate Spreadsheet and cost estimate narrative)

9. Match (Local Match Commitment Letter Template)

10. BCA Report (BCA Version 6.0 report and BCA supporting documentation)

11. Maintenance (Project Maintenance Letter Template)

12. Environmental (FEMA’s Site Information, Environmental Review and Checklist and all other environmental documentation)

13. Authorization (Subrecipient Grants Management Assessment Form)

14. Supporting Docs (Any additional supporting documentation) Willdan will include the 100% Design plans, Environmental reports and already produced backup documentation in the package. Willdan will complete the subapplication form and all required information as outlined in the template.

Willldan will utilize the City’s existing Master Drainage Plan as the supporting H&H study required as part of the subapplication package. Any additional H&H analyses required by FEMA can be provided under a separate fee and agreement.

Task 3.3 FEMA Subapplication Processing
Willldan will work with Cal OES staff and respond to inquiries regarding the processing of the FEMA subapplication. Willdan will make updates to the subapplication package based on coordination with Cal OES and FEMA staff.

FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $24,473. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

In conclusion, Willdan Engineering’s current amended budget of $133,872 is proposed to be increased by $24,473, for a revised total of $158,345 to include the full channel grading and resubmit the FEMA subapplication.

City of Ridgecrest
February 28, 2022

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Deputy Director of Engineering Travis Reed, Public Works Director March 9, 2022
Date Date

-9-
AMENDMENT NO. 4 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “E”
(Change Order - Additional Scope of Work)
Willdan Proposal dated November 30, 2023 – Amendment 3
-1-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
AMENDMENT NO. 3 TO CONSULTANT AGREEMENT
WILLDAN – BOWMAN CHANNEL
This Amendment No. 3 to the Consultant Agreement ("Amendment No. 3") is entered into as of ______, 2023 ("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 20-43, on June 4, 2020, City and Willdan entered into a Consultant Agreement for Professional and Engineering Services to provide professional design and environmental compliance services for a flood control project at the Bowman Channel Arch Culvert (“Master Agreement”). The Master Agreement” which is attached hereto as Attachment “B”. Thereafter pursuant to Resolution 21-39, July 7th, 2021, City and Willdan Amended the Agreement for Professional and Engineering Services to provide professional design and environmental compliance services for a flood control project at the Bowman Channel Arch Culvert (“Amendment 1”). Amendment 1 is attached here to as Attachment “C”. Thereafter pursuant to Resolution 22-23, April 6 th, 2022, City and Willdan Amended the Agreement for Professional and Engineering Services to provide professional design and environmental compliance services and Grant reapplication for a flood control project at the Bowman Channel Arch Culvert (“Amendment 2”). Amendment 2 is attached here to as Attachment “D”. The Bowman Channel Arch Culvert is located S Norma Street and Check Dam structures between S.

Normal Street and S. China Lake Boulevard in the City of Ridgecrest.

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”.

C. The Parties now desire to amend the Master Agreement to provide for certain professional and engineering consulting services related to designing new elements of the water system. 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. 3 as follows:

1. Additional Design Services. Subject to the terms and conditions of this Amendment No. 3, Willdan will provide through its professionals, the necessary -2-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
professional and engineering services, as indicated by the tasks enumerated in Attachment “A” to this Amendment No. 3 consistent with applicable laws and good industry practices. For purposes of this Amendment No. 3, 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. Section 3 of the Master Agreement as amended by amendment No. 2 is currently a not to exceed sum of $158,345.00. The master agreement original contract price was a not to exceed sum of $92,622.00. Amendment 2 added an additional $24,473.00 for additional services including but not limited to: Scope changes, grant re-application for the FEMA HMGP grant, and additional design work to facilitate drainage into the channel. The full Scope of Services, additional tasks, and their respective funding allocations as amended can be found as part of resolution 21-39.
(a) Section 3 of the Master Agreement shall be amended to increase the Amended not to exceed sum of $158,345.00 by $32,000.00 for a new total not to exceed sum of $190,345.00. The Scope of Services, additional tasks, and their respective funding allocations shall be amended as indicated in Attachment “A” said funds shall be pulled from Drainage Impact Fees.

3. Miscellaneous.
(a) Effect of Amendment. The term "Agreement" when used in this Amendment No. 3 or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Amendment No. 3, Amendment No. 2 and Amendment No. 1 previously, unless the context would require otherwise. Except to the extent the Master Agreement is modified by this Amendment No. 3, 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. 3, the terms and conditions of this Amendment No. 3 shall prevail and control.
(b) Entire Agreement. The Master Agreement, together with this Amendment No.3, 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. 3 are for convenience of reference only.

Counterparts. This Amendment No. 3 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. 3.
-3-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
IN WITNESS WHEREOF, this Amendment No. 3 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:

APPROVED AS TO LEGAL FORM:

Olivarez Madruga Lemieux O’Neill, LLP
City Attorney
By:

Name: Martin Koczanowicz
Title: City Attorney
-4-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “A”
(Change Order - Additional Scope of Work)
Willdan Proposal dated November 30, 2023
November 30, 2023
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Budget Amendment Request No. 3 for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following budget amendment request for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun based on meetings with City Staff. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

Willdan’s original budget of $92,662.00 included regulatory agency coordination, environmental compliance, design engineering and an option for CEQA/NEPA special studies. Budget Amendment No. 1 provided additional compensation for design updates to widen Norma St., Environmental updates to include the entire channel and FEMA HMGP Grant processing in the amount of $41,210.00 and budget amendment 2 included the resubmittal of the FEMA subapplication and additional grading limits to the channel in the amount of $24,473.00 making our current amended contract amount $158,345.00.

SCOPE OF WORK
Task 1 Update Norma St. at the Intersection of Bowman Rd.

Per direction from the City the limits of the project were expanded to include the addition of a right turn pocket on Bowman Rd. and the widening of Norma St. at the intersection of Bowman Rd. Additionally channels with storm drain improvements were added along Norma St. & Bowman Rd. to capture stormwater and sediment and properly convey this to the channel. Willdan will utilize the City provided topographic survey included in these plans. Survey is not included in this proposal but can be provided under a separate fee and scope.

Willdan will include ADA compliant ramps at the South leg of the intersection and taper back to existing road width per MUTCD requirements. The striping plan will be updated City of Ridgecrest
November 30, 2023

to include these improvements. The street improvements will include AC pavement, curb and gutter and roadside channel improvements. A sediment basin will be graded in to properly capture sediment and protect the roadway and proposed channel improvements.

Willdan will prepare additional plans for the extra limits of street and storm drain improvements. The following plans are assumed based on the provided preliminary plans:

1. 2 Street Improvement Sheets at 1” = 20’ scale

2. 1 Storm Drain Detail sheet at 1” = 10’ scale
Willdan will update the specifications and estimate to include the additional proposed improvements associated with the full channel grading to ultimate width.

Task 2 Street and Storm Drain Improvements on Bowman Rd. East of Norma St.

Based on damages incurred during the recent rains the City has requested to expand the improvements East of Bowman Rd. to include curb and gutter, catch basins, storm drain outlets to the channel and replacement of the existing fence that was damaged during the recent storms. Willdan will perform hydrology and hydraulic calculations in accordance with Kern County Standards for Drainage in order to adequately space and size the catch basins and storm drain facilities.

Willdan will prepare additional plans for the extra limits of street and storm drain improvements. The following plans are assumed based on the provided preliminary plans:

1. 4 Street Plan and Profile Sheets at 1” = 20’ scale

2. 2 Storm Drain Profile Sheets at 1” = 20’ scale

3. 1 Section and Detail Sheet
FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $32,000. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

In conclusion, Willdan Engineering’s current amended budget of $158,345 is proposed to be increased by $32,000, for a revised total of $190,345 to include the additional limits of street and storm drain improvements.

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

City of Ridgecrest
November 30, 2023

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Director of Engineering Travis Reed, Public Works Director November 30, 2023
Date Date
-5-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “B”
(Master Agreement)
Consultant Agreement
Willdan Engineering

-6-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “C”
(Change Order - Additional Scope of Work)
Willdan Proposal dated July 15th, 2021
June 15, 2021
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Change Order for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following change order for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

SCOPE OF WORK
Task 1.1 Widen S. Norma St. to Ultimate Width
Based on the original proposal it was understood that S. Norma St. was to remain as is.

Per the City’s request it was determined to widen S. Norma St. to ultimate width. This includes the addition of AC paving, Curb and Gutter, Sidewalk and an AC overside drain on the West side of the roadway.

In order to incorporate these changes grading revisions were required to widen the pavement and properly convey stormwater from the curb and gutter into the channel where it originally sheet flowed directly in. This also includes revisions to the plans to properly show and call out the additional improvements.

Task 1.2 Implement LiDAR data into Contours for Check Dam Design Willdan will utilize the LiDAR data provided by the City to incorporate into the Check Dam designs throughout the channel. Willdan will take the GIS data and create a TIN file to be used in AutoCAD Civil 3D 2021 format to create a topographic surface of the channel.

This topographic information will be utilized in the design of the Check Dams to adequately create details for their construction. To assist in the confirmation of the LiDAR data the City has mentioned that they have topographic data of the channel for another City of Ridgecrest
June 15, 2021

project running concurrently to this one in the channel. Willdan will utilize this data to confirm the accuracy of the LiDAR data.

Task 2 Prepare and Process Environmental Regulatory Approvals Based on initial communications with the Regional Water Quality Control Board (Regional Board) and California Department of Fish and Wildlife (CDFW), that were conducted as part of the original scope of work, both agencies stated that they have historically regulated construction within Bowman Channel. Since the project will have minimal impacts (less than 0.1 acre) to jurisdictional resources within Bowman Channel, and will improve water quality by connecting upstream and downstream waters under Norma Street, regulatory permits were not originally anticipated to be required.

However, both agencies stated that permit applications will need to be submitted in order for them to review all of the project information to make an informed decision on the need to issue a formal permit and require mitigation for impacts to jurisdictional resources, or if the project can proceed without the issuance of a formal permit. The proposed scope of work is provided below.

Task 2.1 Biological Technical Report Update
The existing Biological Technical Report that was specifically prepared to address the Bowman Channel Culvert Crossing project located at the intersection of Norma Street and Bowman Road will be updated. The existing Biological Technical Report will be updated to analyze biological resources within the Bowman Channel from Norma Street to China Lake Boulevard.

Literature Review
An updated database search of the California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California listings regarding sensitive biological resources known to occur in the region and vicinity of the site will be conducted. In addition, ELMT will conduct an updated review of jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land-use on natural drainage patterns in the area.

Field Investigation
Following the literature review, an updated field investigation will be conducted to document baseline conditions within Bowman Channel from Norma Street to China Lake Boulevard. The filed investigation will evaluate the site’s potential to support specialstatus species, sensitive habitat types, and/or jurisdictional drainages. During the field investigation, ELMT will also conduct a jurisdictional assessment to confirm the limits of jurisdictional of Bowman Channel located within the boundaries of the project site. The City of Ridgecrest
June 15, 2021

location of any special-status biological resources, if present on-site (i.e., plants, plant communities, jurisdictional drainage features, wildlife), will be recorded in the filed with a handheld GPS unit and mapped in ArcGIS.

Technical Report
The existing biological technical report will be updated with the results from the updated field investigation that will document all plant and wildlife species observed, all habitats occurring within Bowman Channel from Norma Street to China Lake Boulevard. If any special-status biological resources (i.e., plants, plant communities, drainage features, wildlife) are documented on-site, an exhibit will be created from the GPS data gathered during the site investigation. A detailed map of the plant communities and jurisdictional limits of Bowman Channel, and their respective acreages will also be provided in the report. The report will include a brief analysis of the project impacts to biological resources (i.e., special-status species, jurisdictional waters), if any, and will describe wildlife movement opportunities through the area, suggestions for further studies that may be needed prior to development, mitigation measures, and permit requirements, if needed.

Deliverables: An electronic copy (PDF) of the draft and final Biological Technical Report will be submitted. This Scope of Work assumes up to one (1) round of internal response to comments and updates to the report as necessary.

Task 2.2 Preparation of Regulatory Agency Applications
The regulatory application packages for the Regional Water Quality Control Board (Regional Board) Report of Waste Discharge Requirements (WDR), and the California Department of Fish and Wildlife (CDFW) Section 1602 Streambed Alteration Agreement will be prepared concurrently. Each submittal package will generally include the following key items:
 Application cover letter: The letter will introduce the project and define the submittal document.
 Standard Agency Forms: The most recent standard forms for each agency will be utilized. An attachment may be provided so that the complete project description and necessary detail is included. A detailed project description for improvements within jurisdictional areas will also be provided (including a discussion on best management practices).
 Project Exhibits: Exhibits will illustrate key project features and help clarify written text. Anticipated exhibits include: Regional Vicinity Map, Site Vicinity Map, Project Photographs, Jurisdictional Map, and Project Site Plans.  Environmental Documentation: The environmental documentation section of the application package will include the Delineation of Jurisdictional Waters, Habitat Assessment, and CEQA Documentation (provided by client).

City of Ridgecrest
June 15, 2021

 Application Fees: The application filing fees shall be included in the applications pursuant to the Regional Boards’ and CDFW’s most recent filing fees (based on project costs and/or total impact); application fees will be provided by the Client.

This task includes one round of internal revisions. The deliverable for this task includes a draft and a final set of applications (PDF) to the Client for file. One copy of each application will also be formally submitted to each regulatory agency.

Task 2.3 Regulatory Approval Processing
Once the regulatory approvals are submitted, ELMT will provide services for the processing of the regulatory applications through the Regional Board and CDFW. It should be noted that the Regional Board stated in its initial communication that they do not anticipate the need to coordinate with the United States Army Corps of Engineers (Corps) since the Corps historically not regulated China Lake area as a waters of the United States. At this time, coordination with the Corps is not anticipated to be required to process an Approved Jurisdictional Determination to ensure Bowman Channel does not qualify as a “water of the United States.” The processing shall include required correspondence or telephone calls between the reviewing staff related to the permit or points of clarification and coordination with the client, if necessary. Typically, agency comments are responded to via email and telephone; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments per each application package.

Task 3.1 Prepare FEMA NOI and Attend Webinar
Per the City’s Request via email Willdan worked to complete the Notice of Interest through the online FEMA database to meet the May 7th deadline. In order to be eligible for HMGP Grant funding the first step was to prepare and submit the NOI. With this being a time-sensitive request Willdan has already completed this task in an effort to keep the process moving expeditiously and meet the first funding deadline. Willdan successfully completed the NOI on time and received confirmation of eligibility from FEMA to move into the subapplication phase.

Willdan also attended the FEMA Subapplication Webinar presentation on May 12th to assist in the preparation and submission of the subapplicaiton per the City’s request.

Task 3.2 FEMA Subapplication Preparation
Willdan understands that FEMA has deemed the project eligible for HMGP Funding and must submit a full subapplication package by June 18, 2021. Willdan will prepare the subapplication package in accordance with the criteria outlined in the Hazard Mitigation Assistance Guidance documents located on the FEMA website. According to the City of Ridgecrest
June 15, 2021

website a complete package will consist of the following contents and outlined in the attached Subapplication Template:

0. Table of Contents

1. Subapplication

2. Scope of Work

3. Designs

4. Studies

5. Maps

6. Photos

7. Schedule (Additional documentation work schedule
components, Gantt chart, etc.)

8. Cost Estimate (HMGP Cost Estimate Spreadsheet and cost estimate narrative)

9. Match (Local Match Commitment Letter Template)

10. BCA Report (BCA Version 6.0 report and BCA supporting documentation)

11. Maintenance (Project Maintenance Letter Template)

12. Environmental (FEMA’s Site Information, Environmental Review and Checklist and all other environmental
documentation)

13. Authorization (Subrecipient Grants Management
Assessment Form)

14. Supporting Docs (Any additional supporting documentation) Willdan will include the 100% Design plans, Environmental reports and already produced backup documentation in the package. Willdan will complete the subapplication form and all required information as outlined in the template. The additional deliverables include:

1. Completion of subapplication form.

2. Willdan will create exhibits for FEMA identifying the following features as outlined in the template. Willdan will provide the associated shapefiles as a part of the application package.
a. Aerial of the site
b. Lat/Long Coordinates of improvements
c. Staging Area

3. Scope of Work Document in the FEMA format

4. Project Work Schedule utilizing the FEMA example spreadsheet. A supporting GANTT chart will be produced matching the spreadsheet.

5. HMGP Cost Estimate Spreadsheet and supporting Cost Estimate Narrative

6. Benefit Cost Analysis utilizing the FEMA Benefit Cost Toolkit.

City of Ridgecrest
June 15, 2021

7. FEMA Maintenance Assurance letter.

Willldan will utilize the City’s existing Master Drainage Plan as the supporting H&H study required as part of the subapplication package. Any additional H&H analyses required by FEMA can be provided under a separate fee and agreement.

Task 3.3 FEMA Subapplication Processing
Willldan will work with Cal OES staff and respond to inquiries regarding the processing of the FEMA subapplication. Willdan will make updates to the subapplication package based on coordination with Cal OES and FEMA staff.

FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $41,210. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Deputy Director of Engineering Travis Reed, Public Works Director June 15, 2021
Date Date

WILLDAN ENGINEERING
$207 $177 $155 $160 $126 ELMT ($)

SUMMARY TASK
Task 1.1 Widen S. Norma St. to Ultimate Width 1 2 8 11 $1,841 Task 1.2 Implement LiDAR data into Contours for Check Dam Design 1 2 12 16 31 $4,497 Design Updates Subtotal 2 4 0 20 16 $0 $0 42 $6,338
Task 2.1 Biological Technical Report Update 1 2 $3,565 3 $4,052 Task 2.2 Preparation of Regulatory Agency Applications 1 2 $4,025 3 $4,512 Task 2.3 Regulatory Approval Processing 1 4 $5,750 5 $6,547 Environmental Regulatory Approvals Subtotal 0 3 8 0 0 $ 13,340 0 11 $15,111 Task 3.1 FEMA NOI and Webinars 2 20 4 26 $4,594
Task 3.2 FEMA Subapplication Preparation
Task 3.2.1 Complete Subapplication Form 1 2 6 $100 9 $1,417 Task 3.2.2 FEMA Exhibits 2 6 8 16 $2,322
Task 3.2.3 FEMA Scope of Work 1 2 4 7 $1,065
Task 3.2.4 FEMA Project Work Schedule 2 8 10 $1,362
Task 3.2.5 FEMA Cost Estimate 2 6 8 $1,110
Task 3.2.6 FEMA Benefit Cost Analysis 4 8 12 $1,716
Task 3.2.7 FEMA Maintenance Assurance Letter 1 1 4 6 $888 Task 3.3 FEMA Subapplication Processing 1 8 4 24 37 $5,287 Design Engineering Subtotal 6 43 0 14 68 0 $100 131 $19,761 Fee/Hour Total All Scoped Services $1,656 $8,850 $1,240 $5,440 $10,584 $13,340 $0 $0 $ 41,210

CITY OF RIDGECREST

PROPOSED HOURS AND FEE SCHEDULE
Bowman Channel culvert Improvement crossing Norma Street June 15, 2021
TASK 3 FEMA HMPG GRANT PROCESSING
Principal
Planner
Deputy
Director
Direct
Expenses
SubConsultant Total Hours
HOURS
Project
Manager
Assistant
Engineer Sr. Des. II Total Fee
TASK 2 ENVIRONMANTAL REGULATORY APPROVALS
TASK 1 DESIGN UPDATES
6/15/2021
-7-
AMENDMENT NO. 3 TO
CONSULTANT AGREEMENT – WILLDAN ENGINEERING

BOWMAN CHANNEL ARCH CULVERT AND FLOOD CONTROL PROJECT
ATTACHMENT “D”
(Change Order - Additional Scope of Work)
Willdan Proposal dated March 9th, 2022
March 9, 2022
Mr. Travis Reed
Public Works Director
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Subject: Budget Amendment Request No. 2 for Additional Professional Engineering Services for Bowman Channel Culvert Crossing under Norma Street
Dear Mr. Reed:

Willdan Engineering (Willdan) has been pleased to currently provide engineering services for the above referenced project. For your consideration, Willdan Engineering has prepared the following budget amendment request for the extra tasks requested by the City in conjunction with the above referenced project. In an effort to keep the project moving expeditiously some of the work for these tasks has already begun based on the emailed NTP dated 1/7/2022. We appreciate the opportunity to submit our proposal and look forward to discussing the tasks shown below with you.

Willdan’s original budget of $92,662.00 included regulatory agency coordination, environmental compliance, design engineering and an option for CEQA/NEPA special studies. Budget Amendment No. 1 provided additional compensation for design updates to widen Norma St., Environmental updates to include the entire channel and FEMA HMGP Grant processing in the amount of $41,210.00 making our current amended contract amount $133,872.00.

SCOPE OF WORK
Task 1.1 PS&E Full Channel Grading Addition
Per direction from the City a grading plan is to be prepared for the full limits of the channel in between Norma St. and China Lake. The limits of the grading will extend to the existing check dam built with the Wal Mart Development. The channel is to be graded to ultimate width as outlined in the Ridgecrest Master Plan of Drainage for reach BW-09. Preliminary plans and CAD files prepared by Cornerstone Engineering dated 3/26/2021 were provided by the City. These plans are to be finalized by Willdan Engineering and included with the Bowman Channel improvements. Willdan will utilize the provided topographic survey included in these plans. Survey is not included in this proposal but can be provided under a separate fee and scope.

City of Ridgecrest
February 28, 2022

Willdan will update the existing grading of the channel to tie into the new channel grading to ultimate width. This will include updating the grading of the channel to tie into the proposed check dams within the reach.

Willdan will prepare additional plans for the extra limits of the channel grading. The following plans are assumed based on the provided preliminary plans:

1. 2 Grading Sheets at 1” = 50’ scale

2. 1 Detail sheet
Willdan will update the specifications and estimate to include the additional proposed improvements associated with the full channel grading to ultimate width.

Task 1.2 Update Hydraulic Calculations for Full Channel Grading It is understood that the Ridgecrest Master Plan of Drainage has the associated hydrology calculations and design flows for the limits of the reach from Norma St. to China Lake. These values will be used in the hydraulic design of the channel. Willdan will perform hydraulic calculations to confirm the proposed improvements provide adequate capacity and are consistent with the Master Plan of Drainage. A full H&H report is not included in this proposal but can be added under a separate scope and fee.

Task 2.1 Update and Resubmit FEMA NOI
FEMA was not able to process the first HMGP grant funding application and has requested the City to enter the next cycle of funding. Per the City’s Request via email Willdan worked to resubmit the Notice of Interest through the online FEMA database to meet the January 21st deadline. In order to be eligible for HMGP Grant funding the first step was to prepare and submit the NOI. With this being a time-sensitive request Willdan has already completed this task in an effort to keep the process moving expeditiously and meet the first funding deadline. Willdan successfully completed the NOI on time and received confirmation of eligibility from FEMA to move into the subapplication phase.

Task 3.2 FEMA Subapplication Resubmittal
Willdan understands that FEMA has deemed the project eligible for HMGP Funding and must submit a full subapplication package by April 8, 2022. Willdan will update the subapplication package in accordance with the criteria outlined in the Hazard Mitigation Assistance Guidance documents located on the FEMA website. According to the website a complete package will consist of the following contents and outlined in the attached Subapplication Template:

City of Ridgecrest
February 28, 2022

0. Table of Contents

1. Subapplication

2. Scope of Work

3. Designs

4. Studies

5. Maps

6. Photos

7. Schedule (Additional documentation work schedule components, Gantt chart, etc.)

8. Cost Estimate (HMGP Cost Estimate Spreadsheet and cost estimate narrative)

9. Match (Local Match Commitment Letter Template)

10. BCA Report (BCA Version 6.0 report and BCA supporting documentation)

11. Maintenance (Project Maintenance Letter Template)

12. Environmental (FEMA’s Site Information, Environmental Review and Checklist and all other environmental documentation)

13. Authorization (Subrecipient Grants Management Assessment Form)

14. Supporting Docs (Any additional supporting documentation) Willdan will include the 100% Design plans, Environmental reports and already produced backup documentation in the package. Willdan will complete the subapplication form and all required information as outlined in the template.

Willldan will utilize the City’s existing Master Drainage Plan as the supporting H&H study required as part of the subapplication package. Any additional H&H analyses required by FEMA can be provided under a separate fee and agreement.

Task 3.3 FEMA Subapplication Processing
Willldan will work with Cal OES staff and respond to inquiries regarding the processing of the FEMA subapplication. Willdan will make updates to the subapplication package based on coordination with Cal OES and FEMA staff.

FEE
Willdan proposes the work mentioned above for a not-to-exceed fee of $24,473. Any additional task not listed here will be under a separate task order. Please see attached fee matrix for a breakdown of costs associated with the scope of work outlined above.

In conclusion, Willdan Engineering’s current amended budget of $133,872 is proposed to be increased by $24,473, for a revised total of $158,345 to include the full channel grading and resubmit the FEMA subapplication.

City of Ridgecrest
February 28, 2022

Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by email.

Thank you for this opportunity to be of continuing service to the City of Ridgecrest. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact me at (714) 393-1963 or [email protected].

Respectfully submitted, Approval and Authorization to Proceed By:

WILLDAN ENGINEERING CITY OF RIDGECREST
Tyrone Peter, PE
Deputy Director of Engineering Travis Reed, Public Works Director March 9, 2022
Date Date