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Home My WebLink AboutAgenda Report - May 19, 2021 C-12AGENDA ITEM (!'W* I Z r - CITY OF LODI . A COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a Resolution Authorizing City Manager to Execute Amendment No. 3 to the Professional Services Agreement with Michael Baker International, of Rancho Cordova, for Community Development Block Grant Administration/Housing Program Support Services by Expanding the Scope of Services to Include Administration of Coronavirus Relief Grants as Awarded, Housing and Homeless Grants as Awarded, American Rescue Plan Act Federal Funds As Allocated, State and Federal Grants as Applied for, and Annual Housing Element Reporting in an Amount Not to Exceed ($371,220) MEETING DATE: May 19, 2021 PREPARED BY: Community Development Director RECOMMENDED ACTION: Authorize City Manager to execute an amendment No. 3 to the professional services agreement with Michael Baker International, of Rancho Cordova, for Community Development Block Grant Administration/Housing Program Support Services and expand the scope of services to include administration of Coronavirus relief grants as awarded, housing and homeless grants as awarded, American Rescue Plan Act federal funds as allocated, State and Federal grants as applied for, and annual housing element reporting in an amount not to exceed ($371,220) BACKGROUND INFORMATION: Council previously approved the extension of the contract with Michael Baker to provide compliance work for CDBG grant, and housing program support services. In the past year, the City has seen an unprecedented release of funding for grant opportunities at the Federal, State, and local level especially in relation to affordable housing, emergency COVID- 19 relief ($796,000) emergency sheltering, or persons experiencing homelessness. The Community Development Department has applied for and been awarded many of these grant resources such as, the Homeless Emergency Aid Program (HEAP) ($1,250,000), Local Early Action Planning (LEAP) ($300,000) grant, San Joaquin Continuum of Care Emergency Homelessness funding for hygiene station ($63,000), and Permanent Local Housing Allocation (PLHA) ($2,017,000) grant. Moreover, the City will be in receipt of Federal American Rescue Plan Act Funding. The American Rescue Plan Act of 2021 was signed into law on March 11, 2021. The Act provides $65.1 billion to the approximately 19,000 units of state, local and tribal governments nationwide using a block grant formula. The U.S Department of the Treasury allocation for metropolitan cities currently show Lodi receiving $15.76 million. Of the estimated $15.76 million, the Community Development Department is anticipated to be allocated $6.1 million. Of that, $500,000 is earmarked for small APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Adopt Resolution Authorizing the City Manager to Execute Amendment to the MBI Contract May 19, 2021 Page 2 of 2 business assistance and public service providers, approximately 15-20% will be allotted for administrative costs. Additionally, grants such as the Emergency Solutions Grant CV round one and the Homeless Housing Assistance and Prevention grant were applied for and incurred administrative expenses, but were not awarded. Michael Baker International (MBI) has provided assistance on multiple grant applications and administration utilizing their existing contact for grants as outlined above. As these costs were not included in their original scope of services, the Community Development Department is looking to amend the current contract max to include these services along with the annual Housing Element Progress Report. The Lodi Housing Element is part of the City's General Plan, which is a comprehensive policy statement regarding the physical, economic, and social development of the city; the preservation and conservation of natural and human features of the landscape, and the re -use of land and buildings within the city. Although housing represents a high priority, planning for housing must be balanced with the community's economic needs and environmental, resource, and open space protection policies, which are also essential aspects of the City's General Plan. Whereas general plans often reflect planning periods 15-25 years, long, housing elements are updated every five to eight years, in accordance with State law. An annual Housing Element Progress Report is due on April 1, 2021. Due to the critical nature of the annual report and the short time -frame for completion, MBI will be completing this task for the current year. The cost of these additional services is $371,220 for a total contract max of $594,220 Staff is requesting that the City Council adopt a resolution to authorize the City Manager to execute revised contract amendment No.3 for the MBI professional services agreement in an amount not to exceed $371,220. FISCAL IMPACT: $371,220 per amendment No. 3 for the MBI professional services agreement FUNDING AVAILABLE: Funding is provided via administration caps of grants awarded, federal funds, and savings in the personnel costs within the Community Development Department. Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director John. Della Monica, Jr. Col7il ,unity Development D ector Attachments: 1. Contract Amendment No.3 2. Quote CONTRACT AMENDMENT No. 3 Michael Baker International THIS CONTRACT AMENDMENT No. 3 is made and effective this day of May, 2021, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Michael Baker International, a Pennsylvania corporation hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and City, entered into an Agreement for Professional Services on February 27, 2018, Contract Amendment No. 7 on March 14, 2018, Contract Amendment No. 2 on October 3, 2019, Contract Extension No. 1 on December 18, 2019, and Contract Extension No. 2 on January 26, 2021 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to expand the scope of services to include the administration of Coronavirus relief grants as awarded, housing and homeless grants as awarded, American Rescue Plan Act funding as allocated, State and Federal grants as applied for, and annual housing element reporting in an amount not to exceed $411,220. 2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement will remain unchanged. Counterparts and Electronic 5ignaturgs_. This Agreement and other documents to be delivered pursuant to this Agreement may be executed In one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have beery signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR called "Contractor" STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR City Clerk Approved as to Form: MICHAEL BAKER INTERNATIONAL, a Pennsylvania Corporation By: Thomas G. Trac _ Title: Associate Vice President JANICE D. MAGDICH jdm City Attorney IkCVCFILV0210epartmentsWommunky 0evelopmentlCounaI Communicationslcouncil Packet Prep. Area Q021 Council PreplO5-19-2021 Michael Baker Agreement Am end 3_Ccntract.doc We Make o Difference INTERNATIONAL October 30, 2020 Updated May 6, 2027 Steve Schwabauer, City Manager John R. Della Monica Jr., Community Development Director CITY OF LODI 221 W. Pine Street Lodi, CA 95240 RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND NEIGHBORHOOD SERVICES DIVISION SUPPORT SERVICES Dear Mr. Schwabauer and Mr. Della Monica: Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to continue to provide Community Development Block Grant (CDBG) administration and housing program support services. Michael Baker's Housing and Community Developmentteam is uniquely positioned to assist the City in administering its CDBG and community development programs. 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, our housing services manager, and Chance Finley -Ross, our CDBG program specialist, as on-site staff. On-site staff is also supported by our labor compliance specialist, housing rehabilitation coordinator, NEPA review specialist, and associate/assistance planners. The 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. Recent events, including COVID-19, shelter crises, and affordable housing shortages in the City and across the region, have contributed to the City's growing responsibility to take on new projects /programs to address these urgent needs. Michael Baker is prepared to help supportthese new programs to create a thriving Lodi community. Should you have any questions, please contact Ms. Clemons at (916) 231-3372 or pclemonsPmbakerintl.com. Sincerely, MICHAEL BAKER INTERNATIONAL, INC la� I i , Z./ 4r� Polly Boardman ,PMP Associate Vice President Patrice Clemons Project Manager 2729 Prospect Park Drive, Suite 220, Rancho Cordova, CA 95670 P: (916) 231-3372 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 2 LODI 2020-21 CDBG PROGRAM YEAR TASK 1: CDBG-ENTITLEMENT(EN) PLANNING AND ADM IN ISTRATIVE ACTIVITIES Michael Baker will oversee the coordination of active CDBG projects (listed below), from the initial Annual Action Plan approval, through implementation, to final reports and closeout for the 2020- 21 program year period. We will also close out the 2019-20CDBG projects, including the submittal of the Consolidated Annual Performance and Evaluation Report (CAPER) and closeout in the Integrated Disbursement and Information System (IDIS), and will coordinate the preparation of next year's CDBG projects, which will be conducted through the 2021-22 Annual Action Plan process. Pursuant to the US Department of Housing and Urban Development's (HUD) requirements to engage the public throughout these activities, Michael Bakerwill also coordinate public outreach efforts using several means, including the Asset -Based Community Development (ABCD) program and the Lodi Improvement Committee. Below are tasks that will be completed by Michael Baker staff during the 2020-21 program year. • Prepare and process final subrecipient agreements and interdepartmental agreements • Coordinate environmental review; obtain signatures and approval as needed • Facilitate quarterly check-in meetings • Provide updated beneficiary tracking sheets to subrecipients • Conduct quarterly reviews of subrecipient performance, provide feedback/corrections, and update IDIS • Process invoices • Maintain contact with HUD representative • Update IDIS system with project information and performance • Prepare Section 3 reports • Prepare MBE/WBE reports • Prepare SF -425 reports • Prepare Semi -Annual Labor Compliance report • Monitor subrecipients (number varies with budget remaining and criteria) • Process budget amendments • Track budget expenses and spending • Perform general organizational and administrative tasks TASK 1.1: CLOSEOUT OF 2019-20 CDBG PROGRAM YEAR (FALL 2020) • Review performance of all active program year projects for compliance with their agreements (year-end subrecipient reports, etc.) • Draft and notice CAPER • Prepare staff report, resolution, and presentation, and attend public hearing CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 3 • Submit CAPER to HUD • Respond to HUD questions and comments • Close out projects in IDIS TASK 1.2: CLOSEOUT OF 2020-21 CDBG PROGRAM YEAR (FALL 202 1) • Review performance of all active program year projects for compliance with their agreements (year-end subrecipient reports, etc.) • Draft and notice CAPER • Prepare staff report and attend public hearing • Submit CAPERto HUD • Respond to HUD questions and comments • Close out projects in IDIS TASK 1.3:2021 -22 ANNUALACTION PLAN PROCESS • Notice, advertise, prepare presentation, and facilitate public meeting for notice of funding availability • Notice, advertise, prepare presentation, and facilitate approximately two outreach meetings • 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 • Assist those submitting applications • Review and score applications • Draft and finalize Annual Action Plan • Enter into IDIS • Respond to feedback from HUD and coordinate with HUD for final approval TASK 1.4: LODI I M PROVEN! ENT COM M ITTEE • Draft and finalize monthly CDBG status update reports • Present monthly CDBG status update • Coordinate materials and facilitate rubric and application review/scoring • Provide guidance to Committee on CDBG administration This activity is limited to the amount of budget remaining in the planning and administration budget after essential activities are covered. Overage on these tasks would fall into non-CDBG Task 4.2 listed below. CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 4 TASK 1.5: OUTREACH —ABCD CITIZEN ENGAGEMENT PROGRAM • Co -lead fourth cycle ABCD: Love Your Block program in collaboration with Lodi Chamber of Commerce and resident leaders • Plan, coordinate, and facilitate meetings/workshops This activity is limited to the amount of budget remaining in the planning and administration budget after essential activities are covered. Overage on these tasks would fall into non-CDBG Task 4.1 listed below. TASK 1.6: ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) • Draft and finalize Al • Conduct Outreach • Submit to HUD for approval This activity is limited to the amount of budget remaining in thegrant planning and administration budget. Michael Baker will provide a subtask scope and budget for this activity, upon the request of the City. TASK 2: CDBG-EN ACTIVITY DELIVERY TASK 2.1: ACTIVE PROJECTS 16.04 Housing Rehab & Emergency Repair 19.02 Blakely Park Restroom Improvements 19.03 HEAP Lodi Tiny Homes 19.04 Salvation Army HVAC and Refrigerator Repair 20.02 Alley Improvement Project TASK 2.2: HOUSING REHABILITATION (16.04)— SPECIAL PROJECT ACTIVITY DELIVERY This task includes oversight of the housing rehabilitation (16.04) project. Activity delivery tasks include but are not limited to the following: • Outreach and marketing • Environmental • Application processing, work write-up, procurement, underwriting • Direct assistance (loans/grants, includes soft costs, fees) CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 5 TASK 3: CDBG-CORONAVIRUS RESPONSE (CV) PLANNING AND ADMINISTRATIVE ACTIVITIES The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020, in response to the COVI D-19 pandemic and resulting economic downturn. The law allocates $500 billion for assistance to eligible businesses, states, and municipalities. Specifically, cities, counties, and states are eligible to receive $5 billion in Community Development Block Grant Coronavirus Response (CDBG-CV) funds from HUD to prevent, prepare, and respond to COVID- 19. The CARES Act allocates $2 billion to grantees that have or will receive a normal CDBG allocation for fiscal year (FY) 2020. A second distribution of $2 billion was allocated to states and municipalities based on impacts from COVID-19, and a third distribution was allocated for entitlement CDBG subrecipients, such as Lodi. Michael Baker prepared this scope of work to administer the share of CDBG-CV funds allocated to the City in the amount of $796,408 total (Round 1 for $380,772 and Round 3 for $415,636). TASK 3.1: COVID-'I9 NEEDS I NVENTORYANDELIGIBILITYANALYSIS Michael Baker will solicit needs for CDBG-CV activities related to various City departments, including Public Works, Parks and Recreation, Police, Fire, and Electric Utility. Michael Baker will also solicit feedback on needs from local service providers, housing providers, economic development providers, and other community stakeholders. A Needs Inventory Summary will be prepared that considers the preliminary long-term and short- term needs from COVID-19. This will be based on the 1) relation to the existing Consolidated Plan goals; 2) availability of otherfunding sources; and 3) potential impacts to theCity and its residents. Michael Baker staff will prepare survey and questionnaire materials for general impacts as well as specific economic and business impacts. Research and data will be incorporated into the Needs Inventory as it relates to known impacts regionally or statewide. We will present the Needs Inventory Summary to City staff for feedback and comments, especially as related to suggested projects and programs. We will facilitate a virtual meeting with City staff to obtain feedback on the identified needs. We will then incorporate feedback received and provide a final report to City staff. Michael Baker will determine if the proposed activities are eligible for CDBG-CV funds and will consult with a HUD representative to confirm eligibility. Per the City's request, Michael Baker will also review example business and rental assistance programs and make recommendations for model programs suitable to Lodi in light of the Needs Inventory feedback. Tasks: • Draft and finalize general impact questionnaire and business impact survey CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 6 • Solicit information on COVID-19 related needs from City departments and local and regional stakeholders, including questionnaire interviews and distribution of business impact survey • Collect data on regional/state impacts • Conduct preliminary research/analysis on type of business and rental assistance programs • Draft Needs Inventory Summary • Attend Citystaff meeting for feedback on Needs Inventory Summary • Conduct eligibility determination of projects and consultation with HUD as needed At the time of writing this proposal, this work already commenced and the budget below provides a breakdown of expenditures to date and remaining. TASK 3.2: CONSOLIDATED PLAN, ANNUAL ACTION PLAN, AND CITIZEN PARTICIPATION PLAN AMENDMENTS As outlined in the City's Citizen Participation Plan (CPP) and requirements set out by HUD, a substantial amendment is required when adding new projects and additional funding to a current Annual Action Plan (AAP) and when adding new priority needs and goals to an existing Consolidated Plan. Additionally, due to the urgent nature of the disbursement of CDBG-CV funds, HUD has allowed for flexibilities in the regular program requirements regarding the noticing timeline, funding limits, and public review period for the AAP amendment's approval. Grantees may utilize these flexibilities under the condition that their CPPB be amended to include language specific to responding to a declared emergency. Therefore, Michael Baker will complete the necessary steps to complete the amendments to the City's 2019-2023 Consolidated Plan, 2020- 2021 AAP, and current CPP. HUD guidance states that these amendments can be conducted concurrently. In preparation of theamendments tothe Consolidated Plan, AAP and CPP, Michael Baker will draft the Notice of Funding Availability (NOFA), prepare the necessary council communication items, review all applications for funding, coordinatewith applicants on any edits or clarifications to their submitted applications, draft and submit a waiver of flexibilities to HUD, and facilitate a NOFA workshop with applicants, potential applicants, and members of the public. Michael Baker will coordinate with the Lodi Improvement Committee to determine which applications and subsequent projects to fund based on criteria from the Needs Inventory Summary, as well as the content and completeness of their applications. Michael Baker will then provide funding recommendations to City Council and the Lodi Improvement Committee. Michael Baker will draft and process the CPP amendment, as well as the Consolidated Plan and AAP amendments. The CPP amendment will incorporate the necessary language to allow the use of an expedited citizen participation process in the event of a declared emergency, while the Consolidated Plan and AAP amendments will include new needs and goals, the selected CDBG- CV projects, and other updates as a result of the funding of CDBG-CV projects. Michael Baker will set and attend a public hearing for City Council to approve the amendments. Upon approval, Michael Baker staff will complete final edits to the documents and submit them to HUD for review and approval. CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 7 Tasks: • Prepare and coordinate notices for amendment approval/NOFA release • Facilitate NOFA workshop • Perform application processing/selection/recommendations • Attend/facilitate Lodi Improvement Committee meeting to score and select applications • Ask questions/coordinate with applicants • Conduct waiver processing and HUD coordination • Draft AAP and Consolidated Plan amendments • Upload amendments into IDIS • Draft Citizen Participation Plan amendment • Prepare staff report and resolution, and present amendments for approval to City Council TASK 3.3: GENERAL ADMINISTRATION Once CDBG-CV related activities are awarded, Michael Baker will administer those activities in a manner similar to regular CDBG-funded activities. Michael Baker anticipates administering approximately five new CDBG-CV approved social service activities that will be similar to existing entitlement -funded activities. Should the City select fewer projects, then administrative tasks would be less, and the City may request that Michael Baker submit an updated budget. Michael Baker believes that once the project(s) are selected, it will be an ideal time to reassess administrative expenses and update this scope accordingly. Specialized activities, such as small business loan programs and rental assistance, are not included in the tasks below because they require unique administrative oversight; however, Michael Baker will provide an updated list of additional administrative tasks should these activities be selected. Administrative tasks for CDBG- CV activities will include: • Invoicing and tracking the program's budget • File creation and organization • IDIS updates, activity creation, and maintenance of data and projects • Timeliness checks • Tracking program and subrecipient progress • Quarterly desk monitoring of subrecipient compliance • Troubleshooting systems and assistance to subrecipients • Quarterly performance report tracking • Drafting the CAPER • General program coordination and administration • Subrecipient monitoring (optional) • Community engagement (optional) CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 8 Notifying the City accordingly, Michael Baker will also stay up to date on the new informational releases from HUD, the City's CPD field office, and local agencies and organizations related to CDBG-CV funding developments. Staff will also conduct activities for closing out the CDBG-CV program, including the following: • Review performance of all active program year projects for compliance with their agreements (year-end subrecipient reports, etc.) • Draft and notice CAPER • Prepare staff report, resolution, and presentation, and attend public hearing • Submit CAPER to HUD for approval • Respond to HUD questions and comments • Close out projects in IDIS TASK 3.4: ENVIRONMENTAL REVIEW Michael Baker will conduct environmental review of selected CDBG-CV activities in compliance with National Environmental Policy Act (NEPA). Michael Baker anticipates review of approximately five social services activities. Should capital improvement -type projects be selected for CDBG-CV funding, Michael Baker will present an estimate of hours to the City once the project scope of work is identified; such costs are eligible under project costs instead of administrative costs under the CDBG-CV funds. TASK 3.5: SPECIALIZED ACTIVITIES PROGRAM (OPTIONAL) CDBG-CV funds can be used on activities such as small business loan programs and rental assistance. Should the City select these activities, Michael Baker will work with the City to identify any program administrative needs. TASK 3.6: ECONOMIC RESILIENCY PROGRAM (OPTIONAL) At the request of the City, Michael Baker may also administer an Economic Resiliency Program. An Economic Resiliency Program would be designed to grow businesses in the City, which may include microloan programs, jumpstart loan programs, and crowd -funded loan programs. TASK 4: NEIGHBORHOOD SERVICES DIVISION SUPPORT SERVICES (NON-CDBG) Michael Baker staff will complete the following tasks as part of the non-CDBG funded project work previously completed by the Neighborhood Services Manager and Department. These areas of support include but are not limited to housing element implementation, fair housing studies, affordable housing projects, homeless initiatives, and grant writing and administration services. CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 9 TASK 4.1: ABCD PROGRAM • Co -lead fourth cycle ABCD: Love Your Block program in collaboration with Lodi Chamber of Commerce and resident leaders • Plan, coordinate, and facilitate meetings/workshops To the extent planning and administrative budget remains, then key community engagement efforts conducted under this activity, can be allocated to Task 1 above. TASK 4.2: LIAISON TO LODI IMPROVEMENT COMMITTEE, PER MEETING • Draft agenda, staff report, and presentation • Gather data or reach out to bring in speakers, as needed, for meetings • Provide direction on quorum, schedule meetings, and schedule translators as needed • Communicate with members and provide direction/support regarding questions (i.e., send agenda, provide report/presentation to members) • Support implementation of goals by Lodi Improvement Committee members through research and connecting members to resources • Attend meeting and present report/presentation • Facilitate annual goal setting meeting • Attend 11 meetings a year TASK 4.3: LODIGRIP PROGRAM • Michael Baker can assist with the LodiGRIP program on an as -needed basis TASK 4.4: HEAP GRANT ADMINISTRATION Michael Baker will assist the City of Lodi in managing and administering the use of HEAP grant funds, which were awarded in 2019 by the San Joaquin Continuum of Care. Tasks include coordinating with the City and partners to administer the use of the allocated funds, preparing a draft grant agreement with assistancefrom the City attorney, processing reimbursement requests, budget tracking, grant reporting, status updates provided to thefunder and partner organizations, and general project coordination. Additionally, Michael Baker will conduct community engagement with the public to gather feedback on the site and design of the project. Activities may include preparation of a public engagement strategy, survey, press releases, public meeting facilitation, preparation of presentation to stakeholder groups, and staff report and presentation to the City Council. Michael Baker anticipates that the City will be responsible for the following aspects of managing and maintaining the administration of this grant, including reviewing grant information, CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 10 responding to requests for information from the public, accounting, approving payments once submitted, and coordinating with partner agencies. TASK 4.5:2020 HOME GRANT APPLICATION (CREEKSIDE APARTMENTS) Michael Baker will assist the City in preparing a HOME grant application. The City is currently vetting the opportunity to partner with the local housing authority for rehabilitation of a private apartment complex. The housing authority would purchase the land and site and the City would provide financing through the HOME grant for rehabilitation of the units. Michael Baker anticipates drafting parts of the HOME grant application in partnership with the housing authority. TASK 4.6: HOME ANNUAL REPORTING Michael Baker will prepare and submit an annual HOME report to the Department of Housing and Community Development (HCD) on the status of first-time homebuyer loans from previous HOME loans provided by the City. TASK 4.7: HOUSING ELEMENT -ANNUAL PERFORMANCE REVI EW AN D PROGRAM IMPLEMENTATION Michael Baker will prepare the annual performance review report, which tracks the City's progress towards implementation of its Housing Element programs. Michael Baker will assist the City in implementation of its housing programs on an as -needed basis. TASK 4.5: OTHER GRANT APPLICATIONS AND ADMINISTRATION Michael Baker will assist the City in applying for grants, and managing and administering the use of awarded grant funds. Tasks may include drafting and finalizing grant applications, coordinating with the City and partners to administer the use of the allocated funds, preparing a draft grant agreement with assistance from the City attorney, processing reimbursement requests, budget tracking, grant reporting, status updates provided to the funder and partner organizations, and general project coordination. The City has the following grant programs which Michael Baker could help the City in administering. Should the City like our assistance with a grant application and/or administration of these or additional grant programs, Michael Baker will provide a scope of services and budget for City review and approval. Existing Grant Applications: • CARES—Senior Meals Program • HHAP • PLHA • SB89 • Great Plates CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 11 BUDGET Michael Baker can provide the program support you need using a combination of the regular presence of two local staff persons, the occasional presence of our senior staff, and the support of the entire Michael Baker Housing and Community Development team. Our senior staff would provide daily guidance and support to local staff as well as be in contact with City staff as needed. Other Michael Baker staff would be available to support the program, as required. We believe this flexible staffing arrangement using associate staff to provide day-to-day on-site and remote assistance, supported by senior staff, will offer the City a cost-efficient service while also supplying the skills and knowledge of staff experienced in the development and implementation of multiple programs. 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 other specialized activities. Title Hourly Rate Housing and Community Development Lead $135.00 Program Coordinator $125.00 Labor Compliancc Spccialist $102.00 Associate Housing Planner $100.00 Assistant Housing Planner $90.00 Housing Grant Specialist $85.00 Planning Technician $78.00 Housing Rehabilitation Specialist $95.00 NEPA Environmental Specialist $100.00 Due to COVID-19and urgent grant opportunities and project deadlines, the City of Lodi requested the assistance of Michael Baker staff on multiple grant programs over the last few months. Assignments included grant applications and assistance with the following programs: Lodi Committee on Homelessness, homeless issues/Navigation Center, HEAP and Harmony Homes project, HHAP, and CARES Senior Meals Program. Also, Lodi's minor housing repair program experienced a large influx of applications, resulting in added tasks. This additional work resulted in an overage occurring in September and October. CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 12 2020-2021 Contract Period Tasks Original Contract 2020-2021 CDBG — EN Planning and $111000 Reduce by $108,500 Administration (Nov -June) , -$2,500 2020-2021 CDBG — EN Activity TBD - Not to $34,935 $34,935 Delivery exceed 15% of Total Project Costs CDBG — EN Activity Delivery Housing $70,000 $14,000 $84,000 Rehab CDBG — LIC $6,349 $6,349 (reimbursed by 2020-2021 CDBG EN NA — Plan/Admin — July -Oct) CDBG — HOME FTHB Annual $1,809 $1,809 Reporting (reimbursed by 2020-2021 CDBG EN — Plan/Admin) NA Task 1, 2, and 3: CDBG — ABCD $1080 $1,080 CDBG Planning (reimbursed by 2020-2021 CDBG EN NA and — Plan/Admin — July -Oct) Administration and Activity Delivery for EN 2027-2022 CDBG — EN Planning and NA $38,000 $38,000 and CV Grants Administration (July -Oct) CDBG — LIC $810 $810 (reimbursed by 202 7 -2022 CDBG EN — N A Plan/Admin) CDBG — ABCD $1620 $1620 (reimbursed by 202 7 -2022 CDBG EN — N A Plan/Admin) 2027-2022 CDBG—EN Activity $12,000 $12,000 Delivery (July -Oct) (based on estimate of 3 minor NA projects' update in May when projects known) CDBG— CV (Round 1 and 3) Task 3.1 $15,000 $0 $15,000 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 13 2020-2021 Contract Peri • • Tasks Original Contract CDBG - CV (Round 1 and 3) Tasks 3.2 TBD $67,285 $67,285 through 3.4 CDBG-CV ESG-CV NA $9,000 $9,000 CDBG CV CARES Elderly NA $4,100 $4,100 Other CV Grant Research/Misc. NA $5,000 $5,000 CDBG - CV SBA Activity Delivery NA $50,000 $50,000 TOTAL CDBG Funded Activities $196,000 $243,488 $439,488 Reduced by $5,270 Non-CDBG - ABCD $12,000 -$6,730 Non-CDBG - Lodi Improvement $15,000 Reduced by $7,392 Committee -$7,608 LodiGRIP Program TBD $0 $0 HEAP Grant Administration TBD $32,000 $32,000 $465 $465 HOME Grant Application (Creekside) TBD Task 4: HE Annual Performance Review and TBD $6,960 $6,960 Neighborhood Implementation Services Other Grant Administration - $13,500 $13,500 Division TBD Support HHAP Grant Application Services (Non- PLHA Grant Application NA $7,100 $7,100 CDBG) ADA Coordinator NA $1,485 $1,485 Lodi Committee on Homeless (LCOH) NA $13,000 $13,000 Access Center Outreach/Engagement NA $7,560 $7,560 American Rescue Plan Act Small $60,000 $60,000 Business Assistance/Public Services NA Program Administration* TOTAL HOUSING PROJECTS (NON- $27,000 $127,732 $154,732 CDBG) Total 000 $371,220- $S94,220 *The City and Michael Baker will come to an agreement on specified scope of work and budget, prior to beginning work for this task. 'Includes overage from prioryear contract expenses. AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on�.7, 2017, 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 into 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 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 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 September 1, 2017 and terminates on November 30, 2017. 0 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 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 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. 3 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 ' 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. 4 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 Re uirements 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. 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 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 5 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, 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 reasonable 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. 7 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. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Waiver 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 liabllity 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: JENNIFER M, FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C —insurance Requirements CITY OF LODI, a municipal corporation F STET C ESV :H City Manager MICHAEL BAKER INTERNATIONAL, INC, B y: 4. Q 1__ Name: Tad Stearn Title: Vice President Funding Source: _ _ (Business Unit & Account No.) Doc ID:CA/CITYICONTRACTS/CONSULTINGICOMDEVlMICHAELBAKER-CDBG/ADA-PSA.doc CA:Rev.01.2015 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. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Waiver 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 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: FF;Clerk • • APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By - Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Funding Source: CITY OF LODI, a municipal corporation �'1�,�r.�►f MICHAEL BAKER INTERNATIONAL, INC. By: Name: Title: (Business Unit & Account No.) Vice President Doc ID:CA/CITY/CONTRACTS/CONSULTING/COMDEV/MICHAELBAKER-CDBG/ADA-PSA.doc CA:Rev.01.2015 8 EXHIBIT A We Make a Difference I N T E R N A T 1 0 N A L August 18, 2017 Steve Schwabauer, City Manager CITY OF LODI 221 W. Pine Street Lodi, CA 95240 RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION 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 uniquely 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 you 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 (xp _ Tad to rn _L Jen er Gastelum f �- Vice President kpfoj ct Director M A A K E R I N T L. C 0 M 2729 Prospect Park Drive, SLI RE) M, Rancho Cordova, CA 95670 P: (916) 361-8384 F (916) 361-1574 EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 2 SCOPE OF WORK FOR LODI CDBG 2017-18 PROGRAM YEAR GENERAL Michael Baker International will oversee the coordination of (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 IDIS, and will coordinate the preparation of next years 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 17.01 B Fair Housing 17.02 Alley Improvement Project 17.03 Blakely Swim Complex 17.04 City Hall/Carnegie Forum ADA Improvements 17.05 Grace & Mercy ADA Phase 11 17.06 One -Eighty 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 Legal Assistance, Graffiti Abatement, Community Partnerships for Families, Second Harvest Food Bank, LOEL Center. EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Pane 3 • Subrecipient agreements o Draft subrecipient agreements (CRLA's agreement is already drafted) and one interdepartmental agreement: request insurance/miscellaneous items from subrecipient, send agreement to subrecipient 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 subrecipients; update Zoomgrants Conduct quarterly reviews o Review subrecipient reports; provide feed back/corrections as needed, update goal tracker; update IDIS 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 (closing), 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 with subrecipients to include most current regulations/requirements • Draft additional 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 paid 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 have 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 OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 4 • Application processing, work write-up, procurement, underwriting • Direct assistance (loans/grants, includes soft costs, fees) • Guidelines have already been completed Outreach — Liaison to Lodi Improvement Committee, per meeting • Draft agenda and draft staff report/presentation • Gather data or reach out to bring in speakers, as needed, for meetings • Provide 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: GENERAL CDBG TASKS ■ Maintain contact with HUD representative • Update IDIS system with project information and performance • Section 3 reports (ongoing) ■ MBENI/BE reports (ongoing) ■ SF -425 reports (four reports) ■ Semi -Annual Labor Compliance report (two reports) • Conduct two monitorings of subrecipients • Weekly Neighborhood Services Update report to department TASK 6: CLOSEOUT OF 2016-17 CDBG PROGRAM YEAR • Review performance of all active program year projects for compliance with their agreements (i.e., year-end subrecipient reports, etc.) • Draft CAPER ■ Prepare staff report for CAPER hearing • Notice CAPER and attend public hearing to review/approve CAPER • Submit to HUD EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 5 • Respond to HUD questions and comments • Final submittal to HUD Close out projects in IDIS TASK 7: 2018-19 ANNUAL ACTION PROCESS ■ Notice, advertise, prepare presentation, and facilitate public meeting for NOFA ■ Notice, advertise, prepare presentation, and facilitate at least 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 City 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 IDIS • 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 LABOR COMPLIANCE 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: LODI GRIP PROGRAM AND ADA COMPLIANCE Michael Baker can assist with the Lodi GRIP Program and ADA compliance on an as - needed basis BUDGET We believe that Michael Baker can provide the program support you need using 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 daily guidance and support to local staff as well as be in contact with City staff as needed. Other Michael Baker staff would also be available to support the program, as required. Our local staff person, Patrice Clemons, is one of our most talented and well-rounded 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-site as needed, as well as during particularly busy times of the EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 6 CDBG annual cycle. Cynthia Walsh would provide remote and on-site support, primarily with labor compliance 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 senior staff, will offer the City a cost-efficient service while also supplying the skills and knowledge of veteran staff experienced 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 preparation of the CAPER, for the annual planning cycle and drafting of the Action Plan, and at the beginning of the program year when subreciplent agreements must be executed and programs and projects must get under way. NarnelTlge K.mwly Rats 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 CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 7 The City's 2017-18 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 approximately $50,000 of their 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 various 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 required. 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 2017-18 CDBG Tasks Estimate of Hours High Estimate Lower r nd Est1rato General Tasks - two monitorings, City's audit, reports (semi-annual, mbe/wbe, sf- 425, section 3), IDIS, weekly update, HUD 100-200 $13,060 $10,000 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 (CAPER and IDIS Entry) 50-65 $6,500 $5,000 Planning and Administration 2018-2019 Annual Action Process 85-100 $10,000 $8,500 Final Approval/Public Comments for Analysis of Impediments (Al) 40-50 $5,500 $4,500 Planning and Administration — Outreach with ABCD Citizen Engagement 40 $3,800 $3,800 Planning and Administration — Outreach as Liaison to Lodi Improvement Committee 75-94 $8,930 $7,125 TOTAL PLANNING AND ADMIN — $89;790 $70,925 First Time Homebuyer Program (Activity Delivery) 260 CDBG Special Projects Costs will be negotiate based on agreed upon task orders. Housing Rehabilitation Program (Activity Delivery) 280 Environmental Review (Activity Delivery) 4-6 hr per project Labor Compliance (Activity Delivery) 40 hr per project TOTAL CDBG SPECIAL PROJECTS -- TBD Special Projects Lodi GRIP Program 72 $5,760 ADA Compliance Officer 44 $3,520 NonCDBG TOTAL SPECIAL PROJECTS NON-CDBG 116 Os380 $99,070 1 $83,205 TOTAL FEES NOT TO EXCEED $20,000 for the term September 2, 2017 through November 30, 2017. The parties understand and agree that the full scope of work proposed cannot be performed for the limited $20,000 budget and the limited term stated above. Consultant will provide partial services on any or all of the tasks stated above to the extent allowed by the currently approved budget and time limit. 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). Please see attached flyer regarding PINS Advantage. Insurance Reauirements for Contrgagr 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, including accidental death, as well as from claims for property damages, which 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 subconsultants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $2,000,000 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 (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $1,000,000 Each Claim/Aggregate When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles 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 provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum 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 limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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.). 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 c o m m e r c i a l g e n e r a 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) Primary and Non-Contribgt_ary_ Insurance Endorsement Additional insurance coverage under the Contractor's commercial general liability and automobile liability policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 0104 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. Page 1 1 of 2 pages li Risk: rev.08.2017 1 ! . A - ! . t is - I t • 1• - • i (c) Waiver of Subrogation Include 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 of Coverage The limits of insurance coverage required may be satisfied by a combination of primary 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-contributory basis for the benefit of the City before the City'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 the Contractors commercial general liability and automobile liability policies. (f) 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. (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 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 of this Agreement. If Contractor'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 insurance, or fails to provide proof of coverage, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall promptly cease work. (i) 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, 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 (LESLI list) and otherwise meet City requirements. Workers Comnensgtion Insurance The Contractor shall take out 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 this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled without 30 days' prior written notice of such cancellation in coverage to the Risk Manager, City of Lodi, 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 exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 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 Lodi user logs into PINS and emails 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 PINSOAdvantage vvvvw.piiisad vantage.com 1 i 626 cIA41838 PINS'Advantage [ 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 i~ rttp:llpinsadvantage.com Please forward this email to any Agent handling your Insurance. Please follow the instructions below: • Logging onto PinsAdvantage.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 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on RU �J,, 201S, 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 into 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 Lased 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 November 1, 2017 and terminates on October 31, 2018. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional three (3) one (1) -year extensions; 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 Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed four (4) 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 Pa men# 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 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 :natter 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 1999, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and ResponsibilitV for ❑aura e 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 ernpioyed 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 reiated 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. P 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 Balser 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. 61 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 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 (1 D) 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 - 6 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 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 7 CITY. Upon CITY's reasonable 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. Section 4,20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Waiver 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 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. CITY OF LODI, a municipal corporation ATTEST: ON 4 "Md. w. - ML �► �T� WAIM APPROVED AS TO FORM. JANICE D. MAGDICH, City Attorney Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Funding So0rce: MICHAEL BAKER INTERNATIONAL, INC. By. AAA -- Name' -PQ-ul Title: V Vice President (Business Unit & Account No.) Doc ID:CAICI7YICCNTRACTSICCNSULTINGICOMDEVIMICHAELSAKER-CDBGIADA-PSA.dcc CA:Rev.o 1.2015 8 EXHIBIT A We Make a Difference I N T E R N A T 1 4 H A L August 18, 2017 Steve Schwabauer, City Manager CRY OF LODI 221 W. Pine Street Lodi, CA 95240 RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Dear Mr. 9chwabauer: Michael Baker International is pleased to submit this proposal to continue to provide Community Development Block Grant (CDBG) administration and !-sousing 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 uniquely 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 managerldirector, 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 you 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 igastelum@mbakerintl.com. Sincerely l 1 1 -- ' Tad Ste rnyZitc let Gastelum N l.. Vice President t Director ;] gprnygec.'n1cQriw;auEte770,RuirhaCaldoy%CA95671) vspAKERIN TL.LOM P:1916i3Ga-w-ir 191513614571 EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 2 SCOPE GF WORK FOR LODI CDBG 2017-18 PROGRAM YEAR GENERAL Michael Baker International will oversee the coordination of (a) all 21 active CDBG projects (listed below), from the Initial Annual Action Plan approval, through Implementation, to final reports and closeeut: Michael Baker will also close out the (f) 2016-17 CDBG projects, including the submittal of the CAPER and closeout In IDIS, 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 17.016 Fair Housing 17.02 Alley Improvement Project 17,03 Blakely Swim Complex 17.04 City HallICarnegie Forum ADA improvements 17.05 Grace & Mercy ADA Phase Il 17.06 One -Eighty 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 Joaguin Fair Housing, California Rural Legal Assistance, Graffiti Abatement, Community Partnerships for Families, Second Harvest Food Bank, LOEL Center. EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGj ADMINISTRATION AND HOU31NG PROGRAM SUPPORT SERVICES Page 3 ■ Subrecipient agreements o Draft subrecipient agreements (CRLA's agreement is already drafted) and one interdepartmental agreement: request Insurancelmiscellaneous items from subrecipient, send agreement to subrecipient for reviewlapproval, 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 subrecipients; update Zoomgrants • Conduct quarterly reviews o Review subrecipient reports; provide feed backlcorrections as needed, update goal tracker; update IDIS with quarterly reports • Process invoices TASK 3: CAPITAL IMPROVEMENT PROJECTS (CITY AND COMMUNITY-BASED 0RGANIZATIONS) This task includes oversight of the following 11 projects: HSS H. Entrance ADA Improvements (closing), Cherokee Lane ADA Improvements (closing), Housing Authority Improvements (closing), Salvation Army (amendment pending), }dousing Authority Improvements Phase 4, Grace & Mercy ADA Improvements Phases 1 and 2, Lawrence Avenue Parking (closing), Alley Improvement Project, Blakely Swim Complex, City Hall/Carnegle Forum ADA Improvements, One -Eighty Teen Center Improvements. ■ Draft agreements with subrecipients to Include most current regulations/requirements • Draft additional 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 CEOs for completion of project according to procurement requirements, including federal wage determinations, licenseldebarment 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 paid 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 have already been completed Housing Rehabilitation ($135,1700 x 20% = $27,000 on Activity Delivery); paid for through Activity Delivery ■ Outreach and marketing • Environmental EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 4 • Application processing, work write-up, procurement, underwriting • Direct assistance (loanslgrants, includes soft costs, fees) ■ Guidelines have already been completed Outreach — Liaison to Lodi Improvement Committee, per meeting Draft agenda and draft staff report/presentation a Gather data or reach out to bring in speakers, as needed, for meetings Provide 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 feporUpresentation • Attend 1'i meetings a year (December dinner) Analysis of Impediments to Pair 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 -tap 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: GENERAL CDBG TASKS • Maintain contact with HUD representative • Update JOTS system with project information and performance + Section 3 reports (ongoing) ■ MSEMlBE reports (ongoing) • SF -425 reports (four reports) • Semi -Annual Labor Compliance report (two reports) • Conduct two monitorings of subrecipients ■ Weekly Neighborhood Services Update report to department TASK 6: CLOSEOUT OF 2016-17 CDBG PROGRAM YEAR • Review performance of all active program year projects for compliance with their agreements (i.e., year-end subrecipient reports, etc.) • Draft CAPER Prepare staff report for CAPER hearing ■ Noke CAPER and attend public hearing to reviewlapprove CAPER • Submit to HUD EXHIBIT A CITY OF LODI RE: COMMUNITY DEVELOPMENT BLOCK GRANT tCD8Gj ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Page 6 • Respond to HUD questions and comments Final submittal to HUD Close out projects in IDIS TASK 7: 2018-19 ANNUAL ACTION PROCESS • Notice, advertise, prepare presentation, and facilitate public meeting for NOFA + Notice, advertise, prepare presentation, and facilitate at least 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 City 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 applicatlons Set up application in Zoomgrants • Review and score applications • Drab and finalize AAP • Enter into IDIS + Notice, advertise, draft AAP amendments, and prepare staff report, as needed through year 41 See the PDF "Lodi 2018-19 CDBG Plan Schedule" for specific details TASK 8: ENVIRONMENTAL ANI] LABOR COMPLIANCE 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 ❑ Michael Baker labor compliance staff conducts labor compliance on approximately 6 projects TASK 9. LODI GRIP PROGRAM AND ADA COMPLIANCE Michael Baker can assist with the Lodi GRIP Program and ADA compliance on an as - needed basis BUDGET We believe that Michael Baker can provide the program support you need using a combination of the regular presence of a focal staff person, the occasional presence of our veteran staff, and the support of the entire Michael Baker Housing and Community Development team. 0 u senior staff would provide daily guidance and support to local staff as well as be in contact with City staff as needed. Other Michael Baker staff would also be available to support the program, as required. Our local staff person, Patrice Clemons, is one of our most talented and well-rounded 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-site as needed, as well as during particularly busy times of the EXHIBIT A CITY OF LODI RE; COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Paas 6 CABG annual cycle. Cynthia Walsh would provide remote and on-site support, prtmariiywith labor compliance 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 senior staff, will offer the City a cost-efficient service while also supplying the skills and knowledge of veteran staff experienced 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 preparation 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. i�IilCiitiip T taan[y Rate 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 Jaynes Beggs, Housing Rehabilitation Coordinator $85.00 Kristin Facro, Environmental Analyst $95.00 EXHIBIT A CITY OF LODI RE, COMMUNITY DEVELOPME=NT BLOCK GRANT (CDBG) ADMINISTRATION AND HOUSING PROGRAM SUPPORT SERVICES Paae 1 The City's 2017-18 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 approximately $50,000 of their 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 $71925 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 various projects. it is diff [cult 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 required. Please see the detailed budget on the next page. EXHIBIT B CITY OF LODI RE. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMIN IS'rRATION AND HOUSING PROGRAM SUPPORT SERVICES Pana 8 R01"-18 CQ13G Tasks Estimate of itlgh Hours Est'rnat3 Lower End Estimate General Tasks - two monitorings, City's audit, reports (semi-annual, mbelwbe, sf- 425, section 3). IDIS, weekly update, HUD 100-200 $13,060 $10,000 contact Oversee Social Services (6 projects) 100-200 $20,000 $15,060 Oversee Capital improvement (11 projects) 176-200 $22,000 $20,000 Close-out of 2016-17 Program Year (GAPER and II]NS Entry) 50-65 $6,500 $5,000 Planning and Administration 2018-2419 Annual Action Process 85-100 $10,000 $8,500 Final Approval/Publir, Comments for Analysis of Impediments (Al) 40-50 $5,500 $4,500 Planning and Administration -- Outreach with ABCD Citizen Engagement 40 $3,600 $3,800 Planning and Administration -- Outreach as Liaison to Lodi Improvement Committee 75.g4 $8,930 $7,125 TOTAL PLANNING AND ADMIN — $89,780 $73,925 First Time Homebuyer Program (Activity Delivery) 260 CDBG Special Projects Costs will be 280 negotiate based on agreed upon task 4-6 hr per orders. project Housing Rehabilitation Program (Aclivlty Delivery) Environmental Review (Activity Delivery) Labor Compliance {Activity Delivery} 40 hr per project TOTAL CDBG SPECIAL PROJECTS — TBD Lodi GRIP Program 72 $5,764 Special Projects ADA Compliance Officer 44 $3,520 116 $9,280 NonC09G TOTAL SPECIAL PROJECTS NON-CDBO $99,070 1 $83,205 The City has approved a budget not to exceed $99,070 under- this Agreement For the term of November 1, 2017 through October 31, 2018, EXHIBIT C NOTE., The City of Lodi la 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). Ptease see attached flyer regarding PINS Advantage. Insurance Reayirementg(gr Contractor 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, including accidental death, as well as from claims for property damages, which 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 subconsu11ants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as follows; 9OMPREt-IENSi►IE GENERAL UABUTY $2,000,000 Each Occurrence $4,000,000 General Aggregate COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY I ERRORS AND OMISSIONS $1,000,000 Each ClaimlAggregate When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles 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 prevision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements andlor 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 limits of coverage of any Insurance policy or proceeds available to the Contractor, whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of tCoverage which is at feast consistent with the claims perlod or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.), A copy of the cerlificate(s) of insurance with the following endorsements shall be furnished to the City. (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO farm CG 2010 (11185) or a later version, that provides c o m m e r c i a l g e n e r a 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 addltlonal named insureds. An additional named insured endorsement Is also required for Auto Liability. (b) PrImaryand Non-CoritiributoryInsurance,Endorsement Additional insurance coverage under the Contractor's commercial general liability and automobile liability policy shall be "primary and non-contributory' and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE_ (1) The street address of the CITY QF LOD1 must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an andorsament, a description of the pro'ec that it is insuring, Page 7 I of 2 pages I Risk: rev.08.2017 insurance Rea uirements fgrCoplEactor (continued) (C) Waiver of Subrogatian Include 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) l-imit§ of Coverage The limits of insurance coverage required may be satisfied by a combination of primary 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-contributory basis for the benefit of the City before the City'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 the Contractors commercial general liability and automobile liability policies. (f) Nationpf_Ca_ncellaklan 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 SI., Lodi, CA 95240- (g) Continuity of Coverage Ali 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 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 of this Agreement. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (hj Failure_ to Compjy If Contractor fails or refuses to obtain and malntaln the required insurance, or fails to provide proof of coverage, the City may terminate this Agreement upon such breach. Upon such termination. Contractor shall promptly cease work. (1) Qualified Insurers) 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-. Vl" 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 fines insurers (LESLI list) and otherwise meet City requirements. ](porkers Comoensajt pn Insurance The Contractor shall take out and maintain during the life of this Agreement, Workers Compensation Insurance for all of Conlractor'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 this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shalt provide 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 Risk Manager, City of Lodi, 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 exercise this right shall not constitute a waiver of the City's right to exorcise after the effective date. Page 21 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 Lodi user logs into PINS and emails a request for insurance to the Contractor/Vendor. 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: Contractors/Vendors will recieve an erraif from: norepfy@6pinsadvantage.com Thank you for your compliance! PINS'Advar Cage PINS�Advantage PINS'A"dvantage [ 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 htt insadvanta e.com Please forward this email to any Agent handling your Insurance. Please follow the instructions below: Logging onto PinsAdvantage.com • Register as new Agent • Enter this Job Code: axxxxxxx • 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 CONTRACT AMENDMENT No. 1 Michael Baker International THIS CONTRACT AMENDMENT No. 1 made and effective this 12Lh day of 2018, by and between the 0TY OF LODI, a municipal corporatlon, hereinafter called "CITY", and Miohael Baker International, hereinafter called "Contractor-" WITNESSETH: CONTRACT; Gontractor and City, entered into a contract for professional services on _;01 L J. ("Agreement"), attached hereto as Exhlbit A and mada a pert hereof as though f=ully set forth herein. Contractor and City now desire to extend the term of the Agreement through and including October 31, 2019, and expand time scope of services to inolUde housing program support services, The additional annual cost for the housing support services will not exceed $70,000 during the extended terra of the Agreement. All other terms and conditions, including compensation paid to Contractor for services described in Exhibit A of the Agreement, will remain unchanged, CITY OF LORI, a municipal corporation CHWABALLEW City Manager Attest: IV1FE R . EF�RAIOLO Ad a �A aty Clary Approved as to Form, C�;ANIGD. MAODI H —torney ONTRA4 MICHAEL BAKER iNTEl TONAL By: i, esYrlce 7_21L` Title: -55 + �}a }ten J-%CA%CITMontracts%Consulting ur Paofasslonar SarvlcosWlichmI Baker Gum acrExtenslon-doc CONTRACT AMENDMENT No. Michael Baker International THIS CONTRACT AMENDMENT No. 1 is made and effective this 19t day of K4+' �y, P4 2019, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Michael Baker International, a California corporation hereinafter called "Contractor." WITNESSETH: 1. CONTRACT: Contractor and City, entered into an Agreement for Professional Services on February 27, 2017 ("Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to extend the term of the Agreement through and including October 31, 2019, and expand the scope of services to include housing program support services. 2. TERM AND COMPENSATION: Contractor and City agree, that at its option, City may extend the term of the Agreement for an additional three (3) one (1) year extensions; provided City gives Contractor no less than thirty (30) days written notice of its intent prior to the expiration of the then existing term. In the event City exercises any option under this paragraph, Contractor's annual compensation (currently $223,000 per year) will increase by the then effective Consumer Price Index for All Urban Consumers (CPI - U) for San Francisco -Oakland -San Jose. All other terms and conditions of the Agreement will remain unchanged. CITY OF LODI, a municipal corporation w.*.. a ALM-• -'� Attest: r 0' 1 I� - ► • • Approved as to Form: ANIG.E_Q. AGDICH City Attorney CONTRAC MICHAEL BAKER INTERNA L By: Title: S -0 [c a 06-51 r J:\CM\Linda\Council Communications\2019\02-06-19 Michael Baker Ext Agreement - Attachment.doc CONTRACT AMENDMENT No. 2 Michael Baker International THIS CONTRACT AMENDMENT No. 2 is made and effective this � day of Sapteff45,er, 2019, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Michael Baker International, a Pennsylvania corporation hereinafter called "Contractor." WITNESSETH: CONTRACT: Contractor and City, entered into an Agreement for Professional Services on February 27, 2018 and Contract Amendment No. 1 on March 14, 2019, (collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to expand the scope of services to include housing program support services (including HEAP funding) and the environmental review of the properties located at 301 East Lodi Avenue and 2 West Lodi Avenue at a cost not to exceed $41,100. 2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement will remain unchanged. CITY OF LODI, a municipal corporation STEPHEN SCHWABAIJER City Manager Attest: 1 i EI r 1 1 a a I ,*� .... .ClerkClerk Approved as to Form: J NICE D. AGDICH City Attorney CONTR R t5 /,-� ---- MICHAEL BAKER INTERNATIONAL By: J A0TV%c5 TQC Title: -hoe- 1,z ice PI Z"s 1611 C:IUserslltrembleWppQata\L.ocal\MicrosoRlWindows\Temporary Internet FiieslContent.Outlookl6AAY2QF6162-06-19 Michael Baker Agreement Amend2.doc CONTRACT EXTENTION No. 1 Michael Baker International THIS CONTRACT AMENDMENT No. 1 is made and effective this - , h day of ( enNxf kouamber, 2019, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY", and Michael Baker International, a California corporation hereinafter called "Contractor." WITNESSETH: 1. CONTRACT: Contractor and City, entered into an Agreement for Professional Services on February 27, 2017, Contract Amendment No. 1 on March 14, 2019, and Contract Amendment No. 2 on October 3, 2019 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. 2. EXTENTION TERM: Contractor and City now desire to extend the term of the Agreement through and including October 31, 2020 pursuant to the terms set forth in Amendment No. 1, paragraph 2, which are as follows: Contractor and City agree, that at its option, City may extend the term of the Agreement for an additional three (3) one (1) year extensions; provided City gives Contractor no less than thirty (30) days written notice of its intent prior to the expiration of the then existing term. In the event City exercises any option under this paragraph, Contractor's annual compensation (currently $223,000 per year) will increase by the then effective Consumer Price Index for All Urban Consumers (CPI -U) for San Francisca-Oakland-San Jose. All other terms and conditions of the Agreement will remain unchanged. CITY OF LODI, a municipal corporation =M STEPHEN SCHWARAQFA City .- Attest: - Wq "A""M I r?Kr Clerk Approved as to Form: IJNICE . MAGDICH _City Attorney CONTRACT MICHAEL BAKER INTERNAT NAL By: C Born t G -Tr a& Title:-ssracta - V,'ee PO'SJ04- J.1Community Development\ContractsWichael Baker Internationallla-31-19_MBI_ContractExtension2039-20.doc �} i� CONTRACT EXTENSION No. 2 Michael Baker International ..�� a�' am THIS CONTRACT EXTENSION No. 2 is made and effective this A ay of , by and between the CITY OF LOBI, a municipal corporation, hereinafter called "CITY", and Michael Baker International, a California corporation hereinafter called "Contractor," WITNESSETH: t. CONTRACT: Contractor and City, entered into an Agreement For Professional Services on February 27, 2017, Contract Amendment No. 1 on March 14, 2019, Contract Amendment No. 2 on October 3, 2019 AND Contract Extension No. 1 on December 16, 2019 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. 2. EXTENTION TERM: Contractor and City now desire to extend the term of the Agreement through and including October 31 r 2021 pursuant to the terms set forth in Amendment No. -1, paragraph 2, which are as follows: Contractor and City agree, that at its option, City may extend the term of the Agreement for an additional three (3) one (1 ) year extensions, provided City gives Contractor no less than thirty (30) days written notice of its Intent prior to the expiration of the then existing term. In the event City exercises any option under this paragraph, Contractor's annual compensation (currently $223,000 per year, which will be based on a project by project bases and total compensation amount is not a guarantee) will increase by the then effective Consumer Price Index for All Urban Consutners (CPI -U) for San Francisco -Oakland -San Jose. All other terms and conditions of the Agreement will remain unchanged. Counterparts and Electronic 51gndtures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more Counterparts, each of which wilt be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties Included In this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, hearing an original manual or electronic signature by facsimile, transmission {including a facsimile delivered via the Internet}, by electronic mail In 'portable document Format" (°,pdfr) or similar format Intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document gearing an original signature. CITY OF LODI, a municipal corporation CONTRACTOR called "Contractor" Steve Schwabauer STEPHEN SCHWABAUER City Manager Attest: MICHAEL_ BAILER INTERNATIONAL By' Thomas G. T Title: Associate Vice Presfdent I!I• . �t JENNIFER CUSMIR City Clerk Approved as to Form Janice D. Magdich JANICE D. MAGDICH City Attorney ,,, %;KiNrlvonckmn.ipmr lsw+ 141-11ky ()NVAI051WA 14%CM1J1a0trMitrnool Baker InlerrglWnvl4r0.11 2fl_MaI %9p11RC1[s1vn3ra12 M.11.21 tfm RESOLUTION NO. 2021-139 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, OF RANCHO CORDOVA, FOR COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION/HOUSING PROGRAM SUPPORT SERVICES AND EXPAND THE SCOPE OF SERVICES TO INCLUDE ADMINISTRATION OF CORONAVIRUS RELIEF GRANTS AS AWARDED, HOUSING AND HOMELESS GRANTS AS AWARDED, AMERICAN RESCUE PLAN ACT FEDERAL FUNDS AS ALLOCATED, STATE AND FEDERAL GRANTS AS APPLIED FOR, AND ANNUAL HOUSING ELEMENT REPORTING WHEREAS, the City has an existing contract with Michael Baker International; and WHEREAS, the City now desires to amend the contract to include administration of Coronavirus relief grants as awarded, housing and homeless grants as awarded, and annual housing element reporting; and WHEREAS, on February 27, 2017, the City entered into a Professional Services Agreement with Michael Baker International to provide Community Development Block Grant (CDBG) Administration and Housing Program Support Services, and executed Amendment No. 1 on March 14, 2019, Amendment No. 2 on October 3, 2019, Extension No. 1 on December 18, 2019, and Extension No. 2 on November 1, 2020; and WHEREAS, staff has identified an additional scope of service for Michael Baker International to facilitate the administration of Coronavirus relief grants as awarded, housing and homeless grants as awarded, American Rescue Plan Act funding as allocated, State and Federal grants as applied for, and annual housing element reporting, in an amount not to exceed $371,220; and WHEREAS, staff recommends approving Amendment No. 3 to the Michael Baker Professional Services Agreement to provide these services in an amount not to exceed $371,220 and total contract amount not to exceed $594,220. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Michael Baker International, of Rancho Cordova, California, for the administration of Coronavirus relief grants as awarded, housing and homeless grants as awarded, American Rescue Plan Act Federal funds as allocated, State and Federal funds as applied for, and annual housing element reporting, in an amount not to exceed $371,220. Dated: May 19, 2021 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- I hereby certify that Resolution No. 2021-139 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 19, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None %f NIFE CUSMIR City Clerk 2021-139