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HomeMy WebLinkAboutAgenda Report - May 20, 2020 C-05AGENDA ITEM c-5 Grrv or Loor Gou rrrcu Com M u N rcATIoN fM AGENDA TITLE: MEETING DATE: May 20,2020 PREPARED BY: Community Development Director Adopt a Resolution Approving Amendment No. 3 to Professional Services Agreement with Michael Baker lnternational for a Phase ll Subsurface lnvestigation and Report at 2 East Lodi Avenue for the Homeless Emergency Aid Program (HEAP) Project in An Amount Not to Exceed $36,620 RECOMMENDED ACTION BACKGROUND INFORMATION Adopt a resolution approving Amendment No. 3 to Professional Services Agreement with Michael Baker lnternational for a phase ll subsurface investigation and report at 2 East Lodi Avenue for the Homeless Emergency Aid Program (HEAP) Project in an amount not to exceed $36,620. ln December 2018, the San Joaquin Continuum of Care (SJCoC) awarded the City $1,250,000 in HEAP grant funds for its tiny home permanent supportive housing project. ln May 2019, the City Council accepted the award. City staff began evaluating potential sites for the project and on August 7,2019 Council approved Michael Baker lnternational to conduct a phase I environmental assessment on two potential sites as part of this site evaluation. As a result of the phase I environmental assessment it is recommended that a phase ll subsurface investigation and report be completed at2 East LodiAvenue (Maple Square). The formation of the tiny homes project has come from a collaborative effort across the community and has taken shape based on the input of many stakeholders, including Lodi's Committee on Homelessness, a town hall meeting, homeless services providers, local advocacy groups such as Take Back Lodi, local law enforcement, developers, and residents. City staff has continued working with these and other partners to gather feedback on potential sites. Factors for site selection were deliberated, such as vacant lots, proximity to resources for project residents, compatibility with surrounding uses, compliance with zoning and development codes, concentration of similar type projects, property acquisition costs, and site development costs such as environmental assessments and clearance. Project Description: The City's tiny home project will create approximately five units of permanent supportive housing in a phased setting for homeless individuals and families or those at risk of homelessness. This supportive housing will help homeless individuals/families move from emergency shelters, motel voucher and transitional housing programs, or off the streets into long{erm, affordable housing where they can continue their progress toward stable and independent living. Steve SchwabauerAPPROVED Stephen Schwabauer,ager HEAP EnV o May 20,2020 Page 2 of 2 The project will receive tenant referrals from local organizations including Salvation Army, Lodi House and Women's Center, as well as the Housing Authority of the County of San Joaquin (HACSJ). HACSJ will supply housing choice vouchers to tenants. Volunteer supportive housing services will be available for tenants, and tenants will sign lease agreements that include appropriate maintenance of each unit. The City has partnered with HACSJ to manage the construction of this project. Also, the City will acquire or provide the land for the project site and HACSJ will own and manage the tiny homes project, similar to its other housing properties. Project Budget: The tiny homes project is estimated to cost $1,867,942. Of this amount, $400,000 is allocated for property acquisition , $1,250,442 in site improvement and construction costs, $210,000 in project management and coordination ($160,000 is HACSJ donated staff time), and $7,500 in donated landscaping and household furnishings. The SJCoC grant of $1,250,000 will cover approximately 67 percent of these project costs - specifically, $1,121,942 of construction and $128,058 of property acquisition costs. The proposed costs for environmental analysis and clearance would be covered by the $128,058 allocated to property acquisition costs from the HEAP grant. The cost to conduct the Phase ll Subsurface lnvestigation and Report is $36,620. The City received this estimate from consultant Michael Baker lnternational. The City has an existing agreement with the consultant that can be amended to include this additional scope of work and budget. HEAP grant funds must be expended by June 30,2021, and half of those funds must be contractually obligated by January 1,2020. Staff recommends approval of a resolution to amend an existing contract with consultant Michael Baker lnternational to conduct a phase ll subsurface investigation and report in the amount of $36,620. FISCAL IMPACT The HEAP grant will provide $1.25 million in funds to cover project costs including a set-aside of $128,058 in related property acquisition costs. The environmental assessment and clearance would be reimbursed from the HEAP grant. FUNDING AVAILABLE:San Joaquin Continuum of Care Homeless Emergency Aid Program (HEAP) Grant: 35584000.77020 Andrew Keys Andrew Keys, Deputy City Manager/lnternal Services Director John R. Della Monica, Jr. John R. Della Monica, Jr. Community Development Director Attachments:A. Amended Contract AGREEMENT FOR PROFESSIONAL SERVICES Section 1.1 Parties ARTICLE 1 PARTIES AND PURPOSE THIS AGREEMENT is entered into on~. ~7, 2018. by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY''), and MICHAEL BAKER INTERNATIONAL, INC. (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 1nto an agreement with CONTRACTOR for Community Development Block Grant Administration and Housing Program Support Services, including non-CDBG Special Projects (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 agenc1es and make all efforts to rev1ew and return all comments. Sectio n 2.3 Meeti n gs CONTRACTOR shall attend meetings as may be set forth in t he . Sco pe of Services. Section 2.4 Sta ffi ng 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 C ITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and C ITY 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 s hall , at its own cost and expense , keep in effect during the life of this Agreement all such licenses, permits , qualifications. msurance and approvals , and shall indemmfy, 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 wntten approval of CITY is obtamed , CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Sectio n 2.6 Te rm The term of this Agreement commences on November 1, 2017 and terminates on October 31, 2018 . Sec tio n 2.7 Optio n t o Extend Te rm of Agree m e nt At its option , City may extend the terms of this Agreement for an additional th ree (3) one (1)-year extens ions; 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 2 exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, mcluding the exercise of any option under this paragraph , shall not exceed four (4) years. Section 3.1 Compensation ARTICLE 3 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 of a properly submitted invoice. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs requ1red 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 serv1ces 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 pertainmg 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 pu rpose of determining comp liance with this requirement. CON T RACTOR 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 discnminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of rac e, 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 injunes or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodr, 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 thrs 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 lrmited by the insurance obligations set forth herein. 4 Section 4.4 No Personal Liability 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 officer 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 . Stephen Schwabauer To CONTRACTOR : Michael Baker International 2729 Prospect Park Drive, Suite 220 Rancho Cordova, CA 95670 Attn · Jennifer Gastelum 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. 5 Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duttes to be performed under this Agreement , it shall act as an independent contractor for and on behalf of CITY and not 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 Either 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, C ITY may terminate at the conclusion of any such phase. Upon termtnatton , CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit 8 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 tn 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 confidenttal relationship to the other Party with respect to same, or which through no fault of a Party , comes tnto 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 writtng of the demand for information before the receiving Party responds to such demand. 6 Section 4.13 Applicable Law, Jurisdiction, Severabi lity, 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 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 su ch license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The capt ions 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 Ag reement and the attached exhibits , the terms of this Agreement shall prevail. Section 4.18 Severabi li!Y 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 th is 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 7 C ITY. Upon CITY's reasonable request , CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR 's regular business hours. Upon term ination or completion of services under this Agreement, all information collected, work product and documents shall be delive red by CONTRACTOR to CITY within ten (1 0) 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. Sect ion 4.20 Authority The undersigned hereby r epresent and warrant that they are authorized by t he parties to execute this Agreement. Section 4 .21 Wa iver of Consequential Damages In no event shall either CITY or CONTRACTOR have any claim or right against the other, whether in contract , warranty , tort (including negligence), strict liability or otherw1se , 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 d ate first above written. ATTEST: APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney {-~ Attachments: Exhibit A -Scope of Services Exhibit B -Fee Proposal Exhibit C-Insurance Requirements Funding Source: __ CITY OF LODI , a municipal corporation MICHAEL BAKER INTERNATIONAL, INC . By~?JJ~k Name: l'a..'-'1 :rt-y'l Title : v Vice President ~S<X'l~t-{-e.... (Business Unit & Account No.) Doc ID:CNCITY/CONTRACTS/CONSUL TING/COMOEV/MICHAELBAKER·CDBG/ADA·PSA.doc CA:Rcv.01 .201S 8 Michael Baker INTERNATIONAL August 18, 2017 Steve Schwabauer, City Manager Cn"YOF LODI 221 W. Pine Street Lodl, CA 95240 EXHIBIT A We Make o Difference RE: COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) ADMINISTRAnON AND HOUSING PROGRAM SUPPORT SERVICES Dear Mr Schwabauer: Michael Baker International is pleased to submit this proposal to continue to provide Community Development Block Grant (CDBG) administration and Housing Program support services. Our team has provided staffing assistance and grant administration for CDBG and HOME grantees across the state of California for many years, as well as technical assistance and capacity building training on behalf of the US Department of Housing and Urban Development (HUD). We have helped numerous jurisdictions develop and successfully manage a wide range of housing programs, from new development to rehabilitation, Including a variety of homebuyer programs. Michael Baker's Housing and Community Development team is un iquely positioned to assist the City In administering Its CDBG program . Our long history with the City has allowed our staff to work on a wide variety of efforts, Including the City's original CDBG entitlement, followed by a decade of administrative support, and many of the City's housing development and preservation efforts. Our familiarity with the City's programs and policies combined with our history of collaboration allows us to provide consistent and reliable support that directly addresses staffing and administrative needs. The team assembled for this effort Includes Patrice Clemons as on-site staff, with oversight from Jennifer Gastelum, project manager/director, and Jessica Hayes, senior grants specialist. Patrice Is also supported by Cynthia Walsh, labor compliance specialist, and James Beggs, housing rehabilitation coordinator. The entire team has Implemented CDBG and HOME grants for both state recipients and federal entitlement grantees and has experience working alongside city staff to implement successful housing programs. Thank y0u for your consideration. We look forward to discussing our proposal with you. Should you have any questions, please contact Jennifer Gastelum at (916) 231-2268 or jgastelum@mbakerintl.com. Sincerely~ . j {l ' -- (Talste rn Vice Pres ident MOAK(HINTL LO foit ~1a {YifL---- ~1 n · er Gastelum 'p oj ct Director ;7:9 Pm~pl•<t "•"" Ouvt'. ~'•lit 210. R.llc:l'l COt rlo~!I.CA 9'Jfi/D P.(916)36t·P)II.t r (<Jl 6 ))6H~,7·1 EXHIBIT A CITY OF I.ODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page2 SCOPE OF WORK FOR LODI CDBG 2017-18 PROGRAM YEAR GENERAL Michael Baker International will oversee the coordination or (a) all 21 active CDBG projects (listed below), from the Initial Annual Action Plan approval, through implementation, to final reports and closeout: Michael Baker will also close out the (f) 2016-17 CDBG projects, including the submittal of the CAPER and closeout In lOIS, and will coordinate the preparation of next year's CDBG projects which will be conducted through the (g) 2018-2019 Annual Action Plan process. Active projects are from prior and the current 2017-18 CDBG program years . The level of coordination for each project depends on the funding amount {large versus small) and the type of project. For this reason, projects are organized below by (b) social service, (c) capital improvement, (d) special projects, and {e) general tasks that apply to the CDBG program generally. TASK 1: 2017-18 PROGRAM YEAR ACTIVE PROJECTS In some instances, an active project may be delayed for reasons beyond Michael Baker International's or the City's control. Projects can also change in size Their funding amounts can increase or decrease, or they can be completely reallocated to another existing or new project. Active 2017-18 Projects : 15.02 HSS N. Entrance ADA Improvements 15.05 Cherokee Lane ADA Improvements 15.09 Housing Authority Improvements 15.14 Grace & Mercy 16.02 Salvation Army 16.03 Housing Authority 16.04 Housing Rehabilitation 16.05 FTHB-Down Payment Assistance 16.06 Grace & Mercy Charitable Foundation ADA Improvements 16 .12 Lawrence Avenue Parking 17.01A Planning 17.01B Fair Housing 17.02 Alley Improvement Project 17.03 Blakely Swim Complex 17.04 City Haii/Carneg1e Forum ADA Improvements 17.05 Grace & Mercy ADA Phase II 17.06 One-Bghty Teen Imp. 17.07 Graffiti A 17.08 Community Partnerships for Families 17.09 Second Harvest Food Bank 17.10 LOEL Center TASK 2: SOCIAL SERVICE {NON-CAPITAL) IMPROVEMENT PROJECTS This task includes oversight of the following 6projects· San Joaquin Fair Housing, California Rural Lega l Assistance, Graffiti Abatement, Community Partnerships for Families , Second Harvest Food Bank, LOEL Center. EXHIBIT A CITYOF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMIN ISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 3 • Subreclplent agreements o Draft subrecipient agreements (CRLA's agreement is already drafted) and one interdepartmental agreement: request Insurance/miscellaneous Items from subreclpient, send agreement to subreciplent for review/approval, then circulate among City departments for comment, approval, and signature • Coordinate environmental review: obtain signatures and approval as needed • Facilitate quarterly check-In meetings • Provide updated beneficiary tracking sheets to subreciplents; update Zoomgrants • Conduct quarterly reviews o Review subreciplent reports; provide feedback/corrections as needed, update goa l tracker; update lOIS with quarterly reports • Process invoices TASK 3: CAPITAL IMPROVEMENT PROJECTS (CITY AND COMMUNITY-BASED ORGANIZATIONS) This task Includes oversight of the following 11 projects: HSS N. Entrance ADA Improvements (closing), Cherokee Lane ADA Improvements (closing), Housing Authority Improvements (clos ing), Salvation Army (amendment pending), Housing Authority Improvements Phase 4, Grace & Mercy ADA Improvements Phases 1 and 2, Lawrence Avenue Parking (closing), Alley Improvement Project, Blakely Swim Complex, City Hall/Carnegie Forum ADA Improvements , One-Eighty Teen Center Improvements. • Draft agreements wi th subreciplents to Include most current regulations/requirements • Draft addittonal HUD monitoring requirements Into agreement with the One-Eighty and quarterly monitoring • Create new template for Interdepartmental agreements, and draft them for this year • Invoicing • Coordinate with City departments and CBOs for completion of project according to procurement requirements, Including federal wage determinations, license/debarment checks; coordinate labor compliance and environmental review • Close projects TASK 4: SPECIAL PROJECTS First-Time Homebuyer Program ($125,701 x 20% = ·$25 ,000 on Activity Delivery); this is pa id for through Activity Delivery • Outreach and marketing • Environmental • Application processing, work write-up, procurement. loan underwriting • Direct assistance (loans/grants, Includes soft costs, fees) • Guidelines ~ave already been completed Housing Rehabilitation ($135,000 x 20% = $27,000 on Activity Delivery); paid for through Activity Delivery • Outreach and marketing • Environmental EXHIBIT A CITY OFLODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page4 • Application processing, work write-up, procurement, underwriting • Direct assistance (loans/grants, includes soft costs, fees) • Guidelines have already been completed Outreach-Liaison to Lodllmprovement Committee, per meeting • Draft agenda and draft staff report/presentation • Gather data or reach out to bring In speakers, as needed , for meetings • Provtde direction on quorum, schedule meetings, post minutes. and schedule translators as needed • Communicate with members (i.e., send agenda, provide report/presentation to members) • Attend meeting and present report/presentation • Attend 11 meetings a year (December dinner) Analysis of Impediments to Fair Housing Choice • Notice for City Council hearing, advertise for public hearing, prepare staff report for hearing, prepare presentation for hearing, attend/present at hearing, gather public comments and add to document, submit to HUD. Outreach -ABCD citizen engagement program • Co-plan September leadership workshop • Attend and support leadership workshop • Attend and support three follow-up evening sessions to leadership workshop • Monthly meetings with ABCD coordinators and Chamber • Attend three follow-up leadership meetings with citizen groups on their projects TASK 5:·GENERAI. CDBG TASKS • Maintain contact with HUD representative • Update IDIS system with project Information and performance • Section 3 reports (ongoing) • MBEM'BE reports (ongoing) • SF-425 reports (four reports) • Semi-Annual Labor Compliance report (two reports) • Conduct two monitorlngs of subrecipients • Weekly Neighborhood Services Update report to department TASK G: CLOSEOUT OF 2016-17 COBG PROGRAM YEAR • Review performance of all active program year projects for compliance with their agree.ments (i.e., year-end subreolpient reports, etc.) · • Draft CAPER • Prepare staff report for CAPER hearing • 1\!0tice CAPER and attend public hearing to review/approve CAPER • Submit to HUD EXHIB IT A CITY OF t.ODI RE: COMM UNITY DEVELO PMENT BLOCK GRANT (CDBG) ADMIN ISTRATION AND HOUSING PROGRAM SU PPORT SERVICES Page 5 • Respond to HUD questions and comments • Final submitta l to HUD • Close out projects In !DIS T ASK 7 : 2018-19 ANN UAL ACTION PROCESS • Notice, advertise, prepare presentation, and facilitate public meeting for NOFA • Notice, advertise, prepare presentation, and facilitate at feast four citizen outreach meetings: two with the Lodi Improvement Committee's regularly scheduled meeting, and two with California Human Development or other nonprofit Notice, advertise, prepare staff report and presentation for 9ity Council shirtsleeve meeting of draft AAP, and attend Notice, advertise, and prepare two staff reports and presentations for two City Council public hearings, and attend • Prepare two staff reports for Council meeting to set public hearing, and attend • Provide assistance to those submitting applications • Set up application in Zoomgrants • Review and score applications • Draft and finalize AAP • Enter Into I DIS • Notice, advertise, draft AAP amendments, and prepare staff report, as needed through year • See the PDF "Lodi 2018-19 CDBG Plan Schedule" for specific details TASK 8: ENVIRONMENTAL AND L ABOR COMPLI ANCE • Environmental review of all active projects o Michael Baker enviro staff conducts environmental review on approximately 16 projects during this year (20 x 16) • Labor compliance of all active projects o Michael Baker labor compliance staff conducts labor compliance on approximately 6 ' projects TASK 9: L oot GRIP PROGRAM AND ADA COMPLIANCE Michael Baker can assist with the Lodl GRIP Program and ADA compliance on an as- needed basis BUDGET We believe that Michael Baker can provide the program support you need usi ng a combination of the regular presence of a local staff person, the occasional presence of our veteran staff, and the support of the entire Michael Baker Housing and Community Development team. Our senior staff would provide dally gu idance and support to local staff as well as be in contact with City staff as needed. Other Michae l Baker staff would also be available to support the program, as requi red. Our loca l staff person, Patrjce Clemons, Is one of our most talen ted and well-rou nded team members. She will be on-site 2 to 3 days per week. Jessica Hayes, our senior grants specialist, will support Patrice and be on-s ite as needed, as we ll as during particularly busy times of the EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMIN ISTRATION AND HOUSING PROGRAM SUP PORT SERVICE S Page 8 CDBG annual cyc le. Cynthia Walsh would provide remote and on-site support, primarily with labor compllanc~ tracking. Jennifer Gastelum will provide overall direction to the effort. We believe this flexible staffing arrangement using associate staff to provide day-to-day on-site services, supported by senio r staff, wlll offer the City a cost-efficient service while also supplying the skills and knowledge of veteran staff expe rienced In the development and Implementation of the CDBG program. This arrangement would also offer the City a level of redundancy when the need arises for additional effort or special projects, or if staff are sick or on vacation. Additional staff can be made available for the preparat ion of the CAPER, for the annual planning cycle and drafting of the Action Plan, and at the beginning of the program year when subrecipient agreements must be executed and programs and projects must get under way. Yamii/T~ -·~· \ HriarlY lltiia - Jennifer Gastelum, Project Director/Manager $165.00 Jessica Hayes, Senior Grants Specialist $120.00 Cynthia Walsh, Labor Compliance Specialist $100.00 Patrice Clemons, Associate Housing Planner $90.00 James Beggs, Housing Rehabilitation Coordinator $85.00 Kristin Faoro, Environmental Analyst $95.00 EXHIBIT A CITY OF LOOI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Pa e 7 The City's 2017-16 CDBG award is $633,771 which Includes $108 ,754 In Planning and Administration. Last year, the City's Planning and Administration budget was $107,791. Current staff (1-full time and 1 Intern) billed approxlmately $50,000 of the ir time to the Planning and Administration budget as well as Michael Baker's assistance of approximately $37,000. That service Included 1 day a week of on-site staff time. We estimate the cost to continue management of the CDBG program by Patrice on-site (2-3 days) with senior staff assistance to be roughly $89,790 on the high end and $73 ,925 on the lower end. The budget below also Includes assistance with the Lodi Grips Program and ADA Compliance for a total budget of $99,070 on the high end and $83,205 on the lower end. As for the CDBG Special Projects, these will be paid for through Activity Delivery as part of the varlolJS projects. It Is difficult to determine the amount of effort that will need to be put in and should be scoped on a project by project basis because they will mostly require more outside assistance. Michael Baker has made our best effort to match the City's request with our experience of the work required . Please know that these costs are estimates only and Michael Baker Is more than willing to negotiate scope and adjust cost accordingly. Our estimates are based on a 12-month period. No matter what the estimated cost Michael Baker will only bill for the actual hours requ ired . Please see the detailed budget on the next page. EXHIBIT B CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 8 II ~ \ H lowS. 2017 .. 18 Tasks Eetfmate of IL H@J COBG Hours Estimate II rEn.d .-;\: It estrmat& General Tasks-two monitorlngs, City's aud1t, reports (semi-annual, mbe/wbe, sf-100-200 $13,060 $10,000 425 , section 3), lOIS, weekly update, HUO contact Oversee Social Services (6 projects) 100·200 $20,000 $15,000 Oversee Capital Improvement (11 projects) 176-200 $22,000 $20,000 Close-out of 2016-17 Program Year 50 -65 $6,500 $5,000 Planning and (CAPER and lOIS Entry) Administration 2018-2019 Annual Action Process 85-100 $10,000 $8,500 Final ApprovaVPubllc Comments for 40-50 $5,500 $4 ,500 Analys is of Impediments (AI) Planning and Administration-Outreach 40 $3,800 $3,800 with ABCD Citizen Engagement Planning and Administration-Outreach as 75-94 $8,930 $7,125 Liaison to Lodi Improvement Committee TOTAL PLANNING AND ADMIN -$89,790 $73,925 First Time Homebuyer Program 260 (Acllvity Delivery) Housing Rehabilitation Program 280 Costs will be (Activity Delivery) negotiate based on CDBO Special agreed upon task Projects Environmental Review (Activity Delivery) 4-6 hr per orders proJect labor Compliance (Activity Delivery) ~0 hr per project TOTAL COBG SPECtAL PROJECTS -TBO Lodi GRIP Program 72 $5,760 Special 44 $3,520 Projects ADA Compliance Officer NonCOBG TOTAL SPECIAL PROJECTS NON-COBG 116 $9,280 ,"'·,,.-:r ,,·,·r~·~-"' ... .,. ~ ....... ,,.. ~, .. -:--~,~_. r '.~ ..... -''~!' ,,., ~ ':;..~~ ..•. I' $99,070 $83,205 The City has approved a budget not to exceed $99,070 under this Agreement for the term or November 1, 201 7 through October 31,2018. EXHIBITC NOTE : Th e ctty of lodl le now using thct onnna I ~ program PlN S Advaotlge. On ce you have bee n .warded • contract you will recoiw an email from the City'• o nline Insura nce p rogra m requesting you to forward the em ail to yo u r ln suran~ provi d•r(ii). Plr.lse ... attach ed ffyo r ,.gardlng PINS Advantage. losyrance Begylrements for Contract or The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below These Insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, includtng accidental death, as well as from claims for property damages, whtch may arise from Contractor's operations under this Agreement, whether such operations be by Contractor. or by any subcontractor, or by anyone directly or Indirectly employed by either of them. In the event Contractor's insurance cannot fully cover any hired subconsullants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such Insurance shall be as follows: 1. COMPREHENS ivE GENERAL LIABft.JTY S2 ,000,000 Each Occurrence $4.000,000 General Aggregate 2 . COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such Insurance shall cover liability arising out of any vehicle (includ10g, owned, hired and non·htred vehicles) operated In performing any and all services pursuant to this Agreement. Coverage shall be vmtten on ISO form CA 00 01 12 90, or a later version, that provtdes liability coverage at least as broad as this form . 3 . PROFESSIONAL LIABILITY I ERRORS AND OMISSIONS $1,000,000 Each Claim/Aggregate When project spec1fic insurance is required, all limits are to be des1gnated strictly for the City of lodi, Its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deduclibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and except for professional liability insurance, shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR prov1sion shall provide, or be endorsed to provide, that the deductible or SIB may be satisfied by either the Named lnsured(s) or the City of Lodl. It Is required that any ava1lable Insurance proceeds broader than or tn excess of the specified min1mum Insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements. or (ii) the broader coverage and maximum limit s of coverage of any Insurance policy or proceeds available to the Contractor; whichever Is greater. Contractor agrees and stipulates that any tnsurance coverage provtded to the C1ty of Lodi shall provide for a claims period following termination of coverage which is at least cons1stent with the cla1ms period or statutes of limitations found in the California Tort Claims Act {California Government Code Section 810 et seq.). A copy of the certificate(s} of insurance with the following endorsements shall be furnished to the City (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides com mer c 1 a I genera I liability coverage at least as broad as this form) such Insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named Insureds. An additional named insured endorsement Is also required for Auto Liability. (b) Pdmarv and Non-Contributory Insurance Endorsement Additional insurance coverage under the Contractor's commercial general liability and automobile li ability policy shall be •primary and non-contributory" and will not seek contribution from City's 1nsurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13 NOT E. (1) The street address of the C ITY O F LOP ! must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must stale, on its face or as an endorsement, a description of the ~thaltt Is Insuring. Page 1 1 of 2 pages Risk: rev.08.2017 Insurance Regylrements fur Contractor (continued) (c) Waiver of Subrogation lndude a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits or Coverage The limits or Insurance coverage required may be sat1sfied by a combination of pnmary and umbrella or excess Insurance Any umbrella or excess Insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contnbutory basis for the benefit of the City before the C1ty's own insurance or self-Insurance shall be called upon to protect the City as a named insured. (e) 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 tho Contractors commercial general liability and automobile liability policies. (f) t:I.Qli.c~QLCJmcella!lon 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 Lod1, 221 West Pine St., Lodi, CA 95240 (g) 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, or as soon as reasonably available , Contractor shall furnish a certlficate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall prov1de proof of con!Jnu1ng Insurance on at least an annual basis during the Term of th1s Agreement If Conlractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and Immediately obtain replacement insurance (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required 1nsurance, or fa1ls to proVIde proof of coverage , the City may terminate this Agreemenl upon such breach . Upon such termination, Contractor shall promplly cease work. (I) Qualified lnsurerCsl Allmsurance reqwed by the terms of this Agreement must be provided by Insurers licensed to do business in the State of California wh1ch are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City, such acceptance to not be unreasonably withheld, delayed or conditioned. Non-admitted surplus lines carriers may be accepted provided they are Included on the most recent list of California eligible surplus lines insurers (LESLIIist) and otherwise meet City requirements Workem Compensation Insurance The Contractor shall take oul and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees. In case any class of employees engaged in hazardous work under lhis Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall prov1de and shall cause each subcontractor to provide Insurance for the protection of said employees. A waiver of subrogation Is required for workers compensation Insurance. This policy may not be canceled without 30 days' prior written notice of such cancellation in coverage to the R1sk Manager, City of Lodl, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any Insurance endorsements required. Failure to exorcise this right sha ll n ot constitute a waiver of the City's right to exorcise after the effective date. Page 2 I of 2 pages Risk: rev.08.2017 The City of Lodi is now using PINSAdvantage.com to track Insurance Certificates and all related documents. WHAT IS THE PROCESS? PINS starts with the City of lodi. A l odi user logs into PINS and emalls a request for insurance to the ContractorNendor. The ContractorNendor forwards the email onto their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online. Note: ContractorsNendors will recieve an email from: noreply@pinsadvantage.com Thank you for your compliance! PINSAdvantage PIN~Advantage PINS® a ag [SAMPLE INSURANCE REQUEST EMAIL] · To Contractor/Vendor, Please be advised you need to provide The City of Lodi with proof of insurance. We have automated our insurance certificate tracking using Pins Advantage. Your agent will need to provide us with the insurance certificate and any associated documentation through the following website http://pinsadvantage.com Please forward this email to any Agent handling your Insurance. Please follow the instructions below: • Logging onto PfnsAdvantage.com • Register as new Agent • Enter this Job Code· IXXXXXXXX • Complete Agent Registration • Log in using User Name and Password • Click to the left side of page to add Certificate • Enter this Job Code: xxxxxxxx • Complete sections of the Certificate applicable to your Agency, and include the required Endorsements Thank you, John Doe City of Lodi