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HomeMy WebLinkAboutAgenda Report - March 20, 2019 C-08TM CITY OF LODI COUNCIL Co M MUNICATION AGENDA ITEM C-8 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for Labor Compliance Services ($100,000) MEETING DATE: March 20, 2019 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for labor compliance services, the amount of $100,000. BACKGROUND INFORMATION: The Public Works Department manages numerous state and federally funded public works projects requiring labor compliance oversight. An on-call agreement allows staff to comply with these stringent requirements by employing a third party to complete the time consuming and time sensitive tasks. Staff requested quotes from seven companies specializing in labor compliance, receiving two written quotes. This type of service allows for performance-based selection; however, Michael Baker International, Inc., deemed most qualified, was also the low -bidder. The scope of service includes payroll review for compliance with prevailing wage rates, contractor interviews, and timely communication with prime contractors to obtain the correct documents from prime contractors and subcontractors. The City has previously contracted with Michael Baker International, Inc. on numerous other projects, some highly complex, such as Harney Lane Grade Separation, and their performance has been prompt, professional, and thorough. The initial term of the Professional Services Agreement is three years, with two optional one-year extensions. The total cost for this work is not -to - exceed $100,000, over five years, if all extensions are executed. Staff recommends authorizing City Manager to execute Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for labor compliance services, the amount of $100,000. FISCAL IMPACT: If requirements are not meet, the City could jeopardize state and federal funding for public works projects. This project is not anticipated to impact the General Fund. FUNDING AVAILABLE: The cost for this work will be allocated on a project -by -project basis. Andrew Keys Deputy City Manager/Internal Services Director Prepared by Julia Tyack, Transportation Planner CES/JT/tdb Attachment Charles E. Swi le Jr. Public Works Director APPROVED: Step en Schw. v- er, City Manager K:\WP\COUNCIL\2019\CC Labor Comp.doc 3/11/2019 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2019, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation, qualified to do business in California (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for labor compliance services (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion such approval to not be unreasonably withheld, delayed or conditioned, and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change, to the extent such advance notice is practicable under the circumstances. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on April 1, 2019 and terminates upon the completion of the Scope of Services or on March 31, 2022, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional two (2) one (1)-year extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this 2 Agreement continue and remain in full force and effect, except as otherwise agreed between the parties. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed five (5) years. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal, except as otherwise approved by CITY. CONTRACTOR shall be paid within thirty (30) days receipt of a properly submitted invoice. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon reasonable request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and 3 inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability 4 Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Nor shall any officers or employee of the CONTRACTOR be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to delivery to the CITY. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Julia Tyack To CONTRACTOR: Michael Baker International, Inc. 2729 Prospect Drive, Suite 220 Rancho Cordova, CA 95670 Attn: Patrice Clemons Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not 5 an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination Each Party may terminate this Agreement, with or without cause, by giving the other Party at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. The preceding restrictions shall not apply to information which is in the public domain, was previously known to a Party, was acquired by a Party from others who have no confidential relationship to the other Party with respect to same, or which through no fault of a Party, comes into the public domain. Neither Party shall be restricted from releasing information, including confidential information, in response to a subpoena, court order, or other legal process. Neither party shall be required to resist such subpoena, court order, or legal process, but shall promptly notify the other Party in writing of the demand for information before the receiving Party responds to such demand. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the 6 event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Waiver of Consequential Damages In no event shall CITY or CONRACTOR have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: MICHAEL BAKER INTERNATIONAL, INC., a JANICE D. MAGDICH, City Attorney Pennsylvania corporation By: By: 1 � Name: Title: Attachments: l�} Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: (Business Unit & Account No.) Doc ID: K:\WP\PROJECTS\PSA's\2019\MBI PSA.doc CA:Rev.01.2015 8 Michael Baker INTERNATIONAL January 31, 2019 Julia Tyack, Transportation Planner CITY OF LODI 221 West Pine Street Lodi, CA 95240 RE: PAYROLL AND LABOR COMPLIANCE REVIEW Dear Ms. Tyack: Exhibit A/B We Make a Difference Thank you for your request to provide this proposal for payroll and labor compliance services to the City of Lodi in its state- and federally funded public works projects. Michael Baker International (Michael Baker) is an experienced consultant that provides talented and hard-working staff to supplement local resources. Michael Baker has supported the City's Community Development Department and Community Development Block Grant (CDBG) program since 2006 and has provided labor compliance oversight and assistance to its Public Works Department for over three years. PROJECT UNDERSTANDING We understand that the City is seeking assistance with payroll and labor compliance for City Public Works capital improvement projects. We understand tasks will include, but not be limited to, payroll review for compliance with prevailing wage rates, contractor interviews, and timely communication with prime contractors to obtain the correct documents from prime contractors and subcontractors. Based on services previously provided to the City of Lodi and other clients, the specific tasks to be performed by Michael Baker in monitoring the proposed construction activities for compliance with applicable federal and state prevailing wage requirements are as follows: • Attend the preconstruction conference; present forms and requirements to contractor(s). • Monitor compliance with labor, subcontracting (if applicable), and apprenticeship laws. • Verify posting of required labor information and posters; provide photographic evidence. • Conduct employee wage interviews at the job sites at a frequency and quantity as required by applicable regulations using the questions on the HUD -11 employee interview form; investigate any discrepancies between interview and submitted payrolls. • Monitor weekly payroll forms and related documentation submitted by the contractor and subcontractors (if applicable) for compliance with federal Davis -Bacon and/or state prevailing wage requirements; procure all payroll certification forms. • Check wage compliance in formats showing the method and calculations of verification to be filed with payrolls. • Check and verify apprentice classifications and use, as well as equivalent service classifications and actual activity. • Provide Disadvantaged Business Enterprise (DBE) compliance assistance, as needed. MBAKERINTL COM 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 P: (916) 361-8384 F: (916) 361-1574 RE: CITY OF LODI PAYROLL AND LABOR COMPLIANCE REVIEW Page 2 • Prepare and maintain individual files for each contractor and subcontractor (if applicable) containing all the necessary labor compliance documentation, interview results, and wage rate processing calculation sheets. • Investigate and pursue wage discrepancies as they are discovered. • Receive and document all labor compliance complaints and actions taken. • Ensure that all labor compliance complaints, supplemental wage payments, and other labor standards enforcement documentation are placed in contractor files. • Maintain regular communications between the City and the contractor regarding compliance with applicable regulations, including all delinquent items, using "certified mail" letters, and coordinate with City staff for withholding payments. • Request and compare inspection logs against submitted certified payrolls for consistency. • Prepare all forms required by the City for file review. • Conduct file review with City staff at conclusion of project. FIRM EXPERIENCE Michael Baker has provided labor compliance services to the following clients within the past year: • City of Lodi • City of Rancho Cordova • City of Fresno • City of Montebello PROJECT PERSONNEL • City of San Fernando • City of Norwalk • City of Rancho Palos Verde • County of Orange The project team will be led by Patrice Clemons, our Northern California Service Area Lead for Housing Programs. Day-to-day operations will be overseen by Armond Bryant, Chance Finley -Ross will provide support as appropriate and Damien Delany will assist on an as -needed basis as a senior advisor. Patrice Clemons, Associate Planner/Project Manager As an associate planner for Michael Baker, Ms. Clemons is primarily responsible for assisting local planning departments by administering multiple grant programs, including first-time homebuyer, housing rehabilitation, and Community Development Block Grant (CDBG) and HOME programs, as well as affordable housing programs and successor agency -funded loan programs. She also oversees municipal capital improvement projects for compliance with labor standards, including Davis -Bacon and the Department of Industrial Relations. Her particular expertise includes developing affordable housing tracking systems and procedures, reviewing loan documents, monitoring homeowners for compliance, and preparing Consolidated Plans, Citizen Participation Plans, Analysis of Impediments to Fair Housing Choice, Annual Action Plans, and Consolidated Annual Performance and Evaluation Reports, and Integrated Disbursement and Information Systems (IDIS). She has five years of experience in grant writing, from initial vetting to final reports. In addition, Ms. Clemons is experienced in public outreach, training, and presentations to decision-making bodies. MBAKERIN-, 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 P: (916) 361-8384 F: (916) 361-1574 RE: CITY OF LODI PAYROLL AND LABOR COMPLIANCE REVIEW Page 3 Armond Bryant, Labor Compliance Officer Mr. Bryant performs tasks associated with labor standards compliance monitoring, the tracking and reporting of project activities, and grant administration. He has labor standards and Section 3 monitoring experience with federally and state -funded projects and was recently commended by the auditor at the Los Angeles County Community Development Commission (LA CDC) for completeness and presentation of project files. Chance Finley -Ross, Assistant Labor Compliance Officer Mr. Finley -Ross has experience in labor compliance interviews, on-site labor compliance inspections, data entry tracking and integration, housing studies, outreach coordination, community economic development policy, environmental restoration, community impact assessments, and current planning. He supports Michael Baker clients with public works projects and grant administration, including CDBG and housing rehabilitation programs. Damien Delany, Senior Advisor Mr. Delany has 21 years of experience in the planning field. He has worked for major private residential and commercial developers and as a community development consultant to a number of Southern California cities. He has personally served as labor standards compliance manager for many community development projects in Southern California. In his capacity as a manager, Mr. Delany has coordinated with awarding agencies, contractors, and auditors to achieve compliance with Davis Bacon and state prevailing wage projects. He has experience monitoring Section 3 and Disadvantaged Business Enterprise (DBE) components of projects. Additional Staff Resources The above list represents the staff which Michael Baker anticipates will be required; however, it is possible that the need for additional staff may arise. Therefore, Michael Baker may assign additional staff types as necessary to complete the services required under this agreement. Compensation rates for additional staff types will be determined by Michael Baker and will be consistent with the rates listed herein. COST PROPOSAL Given that the City has not yet identified specific projects, Michael Baker can only provide hourly rates for our staff. As assistance is required, we can provide services authorizations for the City's consideration and approval. Current rates are provided below and are subject to 2% annual increases, effective on January 1 of successive years. Patrice Clemons, Associate Planner/Project Manager Armond Bryant, Labor Compliance Officer Chance Finley -Ross, Assistance Labor Compliance Officer Damien Delany, Senior Advisor MBAKERINTL.COM $110 $85 $65 $145 NOT TO EXCEED $100,000 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 P: (916) 361-8384 F: (916) 361-1574 RE: CITY OF LODI PAYROLL AND LABOR COMPLIANCE REVIEW Page 4 We appreciate the opportunity to submit this proposal and look forward to continuing to assist the City of Lodi with payroll and labor standards compliance. If you have any questions, please contact Patrice Clemons at (916) 231-3372 or pclemons@mbakerintl.com. Sincerely, Tom Tracy Associate Vice President MBAKERINTL COM Paul Junke Associate Vice President 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 P: (916) 361-8384 F: (916) 361-1574 Michael Baker INTERNATIONAL Patrice Clemons Associate Planner Ms. Clemons is primarily responsible for providing assistance to local planning departments by administering multiple grant programs including first-time homebuyer, housing rehabilitation, and Community Development Block Grant (CDBG) and HOME programs, as well as affordable housing programs and successor agency -funded loan programs. She also oversees municipal capital improvement projects for compliance with labor standards, including Davis -Bacon and Department of Industrial Relations. Her particular expertise includes developing affordable housing tracking systems and procedures, reviewing loan documents, monitoring homeowners for compliance, and preparing Consolidated Plans, Citizen Participation Plans, Analysis of Impediments to Fair Housing Choice (Al), Annual Action Plans (AAP), Consolidated Annual Performance and Evaluation Reports (CAPER), and Integrated Disbursement and Information Systems (IDIS). She has five years of experience in grant writing, from initial vetting to final reports. In addition, Ms. Clemons is experienced in public outreach, training, and presentations to decision-making bodies. Education JD Gonzaga University, School of Law, Spokane, WA BS, Community and Regional Development 1 University of California, Davis Relevant Project Experience * Denotes projects completed prior to joining Michael Baker International. Grant Management. Oversees management of CDBG programs including application, procurement, monitoring, reports, and labor compliance. Housing Elements. Researched and drafted housing elements for counties and cities, pursuant to the California Department of Housing and Community Development. Consolidated Plans, Analysis of Fair Housing, and Citizen Participation Plans. Researched and drafted consolidated plans for counties and cities, pursuant to US Department of Housing and Urban Development regulations. Researched and drafted Analysis of Impediments to Fair Housing Choice reports and Citizen Participation Plans for counties and cities. Community Resident Services, Program Coordinator.* Planned, oversaw, and implemented social service programs at low-income apartments. Credentials and Certifications Drinking Water Operator Treatment Level 1 2011 Foreclosure Basics, NeighborWorks 2011 Building HOME: A Program Primer, RCAC Michael Baker INTERNATIONAL Armond Bryant Labor Standards Compliance Officer Summary of Experience Mr. Bryant performs tasks associated with labor standards compliance monitoring, the tracking and reporting of project activities, and grant administration. He has labor standards and Section 3 monitoring experience with federally and state -funded projects and was recently commended by auditor at the Los Angeles County Community Development Commission (LA CDC) for completeness and presentation of project file. Education MS, Urban and Regional Planning 1 Virginia Polytechnic Institute and State University BS, Business Administration, Emphasis in Finance and Entrepreneurship 1 Chapman University Relevant Michael Baker Experience City of Montebello, Labor Standards Compliance Office (2016 -present). Serving as the labor compliance standards officer for the new state bond -funded Hilton Home 2 Suites Hotel Project. Responsible for all certified payroll review, approval of subcontractors, employee interviews, and maintaining prevailing wage project file. Orange County Public Works, Labor Standards Compliance Officer (2017 -present). Assisting the County with labor standards compliance on one federally funded bridge replacement project and one state -funded levee reinforcement project. City of San Fernando, Labor Standards Compliance Officer (2016 -present). Assisted the City with labor standards compliance on three CDBG-funded street improvement projects (Huntington Street, Alexander Street, and San Fernando Road). Responsible for all certified payroll review, approval of subcontractors, employee interviews, and Section 3 requirements monitoring. City of Signal Hill, Labor Standards Compliance Officer (2017). Assisted the City with labor standards compliance on CDBG-funded street improvement project (23rd Street improvement). Responsible for all certified payroll review, approval of subcontractors, and employee interviews. City of Santa Monica, Labor Standards Compliance Officer (2017). Assisted the City with labor standards compliance on a CDBG-funded multifamily housing rehabilitation project. Responsible for all certified payroll review, approval of subcontractors, and employee interviews. Professional Affiliations and Service National Association of Housing and Redevelopment Officials Training/Seminars Affirmatively Furthering Fair Housing by Housing and Urban Development Prevailing Wages by the Department of Labor Michael Baker INTERNATIONAL Damien Delany Labor Standards Compliance Manager Mr. Delany has 21 years of experience in the planning field. He has worked for major private residential and commercial developers and as a community development consultant to a number of Southern California cities. He has personally served as labor standards compliance manager for many community development projects in Southern California. In his capacity as a manager, Mr. Delany has coordinated with awarding agencies, contractors, and auditors to achieve compliance with Davis Bacon and state prevailing wage projects. He has experience monitoring Section 3 and Disadvantaged Business Enterprise (DBE) components of projects. Education Masters Certificate in Applied Project Management I Villanova University, Villanova, PA Regional Development and Urban Planning 1 University of Arizona Labor Standards Compliance Experience City of Montebello. Serving as the labor compliance manager for the new state bond -funded Hilton Home 2 Suites Hotel Project. Responsible for maintaining contact with the City and the contractors, reporting noncompliance issues, reviewing invoices, and making recommendations for progress payments. City of San Fernando. Responsible for managing the City's annual CDBG grant and performing labor standards compliance monitoring for CDBG-funded public works projects. Orange County Public Works. Assisting the County with labor standards compliance on a Federal Highway Administration (FHWA) funded bridge replacement project and a state -funded levee reinforcement project. Responsible for submitting status reports to the County, monitoring DBE payments, making progress payment recommendations, and identifying issues of noncompliance. City of San Fernando. Responsible for managing the City's annual CDBG grant and performing labor standards compliance monitoring for CDBG-funded public works street improvement projects. City of Signal Hill. Responsible for performing labor standards compliance monitoring for CDBG-funded public works street improvement projects. City of Redondo Beach. Responsible for administering the City's annual CDBG grant received from the US Department of Housing and Urban Development (HUD) and managing labor compliance for CDBG-funded senior center improvements and street improvement projects. City of Lomita. Responsible for overseeing the management of the Lomita Manor Senior Housing Project, a conventional public housing project, and compliance with all related HUD reporting requirements. Professional Affiliations and Service National Association of Housing and Redevelopment Officials EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled without 30 days' prior written notice of such cancellation to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 I of 2 pages Risk: rev. 3/6/2019- accept redlines (0 Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (9) Failure to Comply Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities (h) Verification of Coverage Consultant shall furnish the City with a copy of the insurance certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (I) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages 1 Risk: rev. 3/1/2018 RESOLUTION NO. 2019-40 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., OF RANCHO CORDOVA, FOR LABOR COMPLIANCE SERVICES WHEREAS, the Public Works Department manages numerous State and federally - funded public works projects requiring labor compliance oversight; and WHEREAS, an on-call agreement allows staff to comply with these stringent requirements by employing a third party to complete the time consuming and time sensitive tasks; and WHEREAS, staff requested quotes from seven companies specializing in labor compliance, receiving two written quotes. This type of service allows for performance-based selection; however, Michael Baker International, Inc., deemed most qualified, was also the low bidder; and WHEREAS, the scope of service includes payroll review for compliance with prevailing wage rates, contractor interviews, and timely communication with prime contractors to obtain the correct documents from prime contractors and subcontractors; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, for labor compliance services, in the amount of $100,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three-year Professional Services Agreement with Michael Baker International, Inc., of Rancho Cordova, California, for labor compliance services, with two optional one-year extensions, in the amount of $100,000 over the five-year term of the Agreement, should all extensions be executed. Dated: March 20, 2019 I hereby certify that Resolution No. 2019-40 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 20, 2019, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None NIFER ERRAIOLO City Clerk 2019-40