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HomeMy WebLinkAboutAgenda Report - October 20, 2021 C-11AGENDA ITEM C'V' I CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a Resolution Authorizing City Manager to Execute Amendment No. 4 to Extend Term of the Professional Services Agreement with Michael Baker International, of Rancho Cordova (MBI), for Community Development Block Grant Administration/Housing Program Support Services in an Amount Not to Exceed ($150,508) MEETING DATE: October 20, 2021 PREPARED BY: Community Development Director RECOMMENDED ACTION: Authorize City Manager to execute an amendment No. 4 to extend term of the professional services agreement with Michael Baker International, of Rancho Cordova (MBI), for Community Development Block Grant (CDBG) Administration/ Housing Program Support Services in an amount not to exceed ($150,508) BACKGROUND INFORMATION Council previously approved the extension of the contract with Michael Baker through October 31, 2021 to provide compliance work for CDBG grant, and housing program support services. Staff intends to develop and release a request for proposal (RFP) in the coming months for CDBG and Housing Services. To allow sufficient time to develop the RFP, an extension of the existing MBI contract through June 30, 2022 is requested. The cost of this extension is $150,508 for a total contract max of $744,228 Staff is requesting that the City Council adopt a resolution to authorize the City Manager to execute amendment No.4 to extend term of the MBI professional services agreement in an amount not to exceed $150,508. FISCAL IMPACT: $150,508 per amendment No. 4 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 already appropriated in the existing budget. APPROVED: Steve SchwabaUer Stephen Schwabauer, City Manager Adopt Resolution Authorizing the City Manager to Execute Amendment No.4 to the MBI Contract October 20, 2021 Page 2 of 2 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director John K. Della Monica, Jr. Community Development irecto r Attachments: 1. Contract Amendment No.4 2. Michael Baker International Scope of Services and Cost Estimate Signature: Signature: RSIMT(nct 11, 202111:19 PDT) Email: akeys@lodi.gov Email: sschwabauer@lodi.gov CONTRACT AMENDMENT No. 4 Michael Baker International THIS CONTRACT AMENDMENT No. 4 is made and effective this day of October, 2021, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and Michael Baker International, Inc., a Pennsylvania corporation, qualified to do business in California, hereinafter called "Contractor." WITNESSETH: WHEREAS, Contractor and City, entered into an Agreement for Professional Services on September 7, 2017, Contract Amendment No. 1 on December 17, 2018 and March 14, 2019, 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, and Contract Amendment No.3 on May 19, 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 extend the term of the Agreement through June 30, 2022, and increase funding in an amount not to exceed $150,508; and 2. WHEREAS, City and Contractor agree to amend the Agreement to add the following terms and conditions: a. All files created on behalf of the City from the inception of the Agreement (February 27, 2017), must be provided via an external drive within 60 days of the signing of Amendment No. 4. This request is being made per section 4.19 of the Professional Services Agreement dated February 27, 2017. City agrees to make payment on a time and materials basis for this service. b. Except for files provided under Section 2.a., all future files must be downloaded monthly to the City of Lodi network utilizing the naming convention as currently set up and utilized by Contractor in City of Lodi files. c. Invoices: Contractor shall submit invoices monthly to City following the end of the service month for charges during the prior month. i. To ensure compliance with City, County, Federal, and State regulations, City may require additional supporting documentation or clarification of invoiced expenses as follows: 1. City staff shall notify Contractor to obtain necessary additional documentation or clarification, such as are required to evidence proper charges under the federal funding agreement held by the City. 2. Contractor shall respond to the request within four (4) business days with required additional documentation or clarification to avoid disallowances and/or delay in payment of invoice, except in the event of unavailability of Contractor staff working under this Agreement due to vacation, medical emergency, or other circumstance outside Contractor's control, such time shall be equitably extended with written request to the City for approval of extension. d. Payments: City will not pay for services rendered by Contractor or for the invoiced services which have not been provided as required under the CDBG Grant funding, even if those services are expressly stated in Contractor's Scope of Services, but are incidental, usual, and necessary elements of CDBG Program Administration, i. City retains the right to withhold payment on disputed charges (if any) from Contractor's invoices. However, City shall not unreasonably dispute charges, and shall make payment on any charges, which are not disputed in Contractor's invoice in accordance with the payment terms in the Agreement. Further, upon resolution between the parties of disputed charges (if any), City shall promptly release payment on charges determined to be proper. The parties agree to work in good faith to resolve any such disputes. e. Subconsultant: Approval is required by the City for the Contractor to hire a subconsultant. Contractor will be responsible for paying any subconsultant which Contractor has contracted with for professional services and request reimbursement from the City via the standard invoicing process. i. Invoice submitted should include subcontractor invoice. f. Subrecipients hired under the Community Development Block Grant: i. Subrecipient invoices shall be coded and submitted for processing within 14 days of receipt by Contractor to ensure Subrecipient can be paid timely by City. 1. Exceptions: Need to be communicated to City within 14 days of receipt. a. Subrecipient invoices need correction; b. Subrecipient agreement not executed; C. Accomplishments and/or labor compliance not being met by Subrecipient; and/or d. Miscellaneous — Reason must be communicated and approved by City ii. All City procurement processes must be followed and sufficiently documented in order for the Subrecipient to be paid by the City. No Subrecipient will be directly paid by Contractor, unless otherwise agreed upon between the parties in writing. g. On behalf of the City, Contractor will solicit and select General or Specialty Construction Contractors (GoSCC) to perform work under home repair -type program: i. Applicable City procurement processes must be followed and sufficiently documented in order for the GoSCC to be paid by the City. In the event of imperfect procurement, the parties shall act in good faith to remedy the procurement process in a timely manner for work to continue on the program. ii. The City will provide in writing to Contractor the City's procurement processes that are applicable and required for each particular type of GoSCC solicitation. iii. No GoSCC will be directly paid by Contractor, unless otherwise agreed upon between the parties in writing. 3. WHEREAS, in the event the additional terms and conditions set forth in paragraph 2 conflict with the Agreement, the terms and conditions set forth herein shall govern and control. NOW THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. Counterparts and Electronic Signatures. This Amendment and other documents to be delivered pursuant to this Amendment 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 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 Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Amendment 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 ❑F LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney CONTRACTOR called "Contractor" MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania Corporation, qualified to do business in California By: Ali Seyedmadani Title: Vice President We Make o Difference INTERNATIONAL October 30, 2020 (Orignal) Updated May 6, 2021 Updated 7.6.2021 with more details on scope and budget forARPA (see additions in below) Updated 8.11.2021 with adjustment to scope and budget on ARPA and Home Repair Program tasks in order to accommodate new vendor/costs for lead services (see additions in orange below) Updated 10.20.2021 with Amendment No. 4 which revises the scope and budget for a contract extension that extends work from November 1, 2021, to June 30, 2022. Amendment 4 becomes effective November 1, 2021. 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 — AMENDMENT #4 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 forte duration of the program year from November 2021 through June 2022. 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 Clancy Taylor, our CDBG program specialist, as on-site staff.On-site staff is alsosupported byour laborcompliance 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 pclemons@mbakerintl.com. Sincerely, MICHAEL BAKER INTERNATIONAL, INC INI M 2729 Prospect Park Drive, Suite 220, Rancho Cordova, CA 95670 'M� P: (916) 231-3372 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 2 I GL� f /� 4, 1 Qu C --- L Polly Boa rdman,PMP Patrice Clemons Associate Vice President Project Manager LODI 2020-21 AND 2021-22 CDBG PROGRAM YEARS TASK 1: CDBG-ENTITLEMENT(EN) PLAN NINGAND ADM INISTRATIVEACTIVITIES 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. The following year's CDBG projects will be prepared through the 2022-2023 Annual Action Plan Process outlined below. Close-out of the 2021-22 Annual Action Plan is not included in this scope, nor the set-up of new 2022-2023 activities, unless budget remains after all 2021-22 planning and administration activities have been completed. 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 and 2021-22 program years. • 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 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 3 • 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 • Submit CAPER to HUD • Respond to HUD questions and comments • Closeout 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 CAPER to HUD • Respond to HUD questions and comments • Close out projects in IDIS TASK 1.3:2021-22 AND 2022-2023 ANNUAL ACTION 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 PROVEM ENT COM M ITTEE • Draft and finalize monthly CDBG status update reports CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 4 • 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. 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. This task has been put on -hold. TASK 2: CDBG-EN ACTIVITY DELIVERY Activity Delivery includes labor compliance, environmental compliance, budget tracking, budget and scope amendments, and coordination with stakeholders for project deliverables and schedule: 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 21.02 Alley Improvement Project CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 5 21.03 Salvation Army — Steam Table 21.04 Lodi House — Refrigerator and Freezer 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 • Coordination with contractor on finalizing work write-up, signing construction contract, completing work (with photos, permits, homeowner signature of notice of completion) • Coordination with homeowners on agreed work write-up, signing of grant agreement and construction contract, responding to concerns that arise, and coordinating the signing of notice of completion, and closing files. • Preparation of program guidelines and applicable template documents. • This scope includes M BI staff time to administer this program and no other type of program costs, unless agreed to by City and Michael Baker. • Additional costs occurred due to resigning of grant agreements and construction contracts with contractor, homeowner and city; revising of budget to accommodate extensive lead abatement, homeowner questions and back -and -forth on the finalizing of scope of work, and coordination during the pandemic. 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). CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 6 TASK 3.1: COVID-'I9 NEEDS INVENTORYAND ELIGIBILITYANALYSIS 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 • 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 City staff 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, thiswork 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 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 7 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 the amendments to the 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. 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 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 8 TASK 33: 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) 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 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 9 TASK 3.4: ENVIRONMENTAL REVIEW Michael Baker will conduct environmental review of selected CDBG-CV activities in compliance with National Environmental Policy Act (N EPA). 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. 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) CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 10 • 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, 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. CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 11 TASK 4.7: HOUSING ELEMENT -ANNUAL PERFORMANCE REVIEW AND 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 GrantApp(ications: • CARES—Senior Meals Program • HHAP • PLHA • SB89 • Great Plates TASK 4.9: AMERICAN RESCUEPLAN ACTSMALL BUSINESSASSISTANCE ADMINISTRATION Michael Baker will assist the City in administering the American Rescue Plan Small Business Assistance Program. This program is intended to pay past CDBG-CV Small Business Assistance awardees and non -selected applicants their full award request. Michael Baker will communicate with past applicants of this program to request additional information and documentation. Using this information, we will determine their eligibility for American Rescue Plan funds, draft and coordinate the signing of recipient agreements, and organize the claim vouchers and supporting documentation for the City to pay the businesses their requested funds. UPDATE TO SCOPE OF WORK FOR TASK4.9: TASK 4.9: AMERICAN RESCUEPLAN ACTSMALL BUSINESSASSISTANCEADMINISTRATION Michael Baker will assist the City in administering the American Rescue Plan Small Business Assistance Program. This program is intended to pay past CDBG-CV Small Business Assistance CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 12 awardees and non -selected applicants their full award request. Michael Baker will communicate with past applicants of this program to request additional information and documentation. Using this information, we will determine their eligibility for American Rescue Plan funds, draft and coordinate the signing of recipient agreements, and organize the claim vouchers and supporting documentation for the City to pay the businesses their requested funds. We understand that this is for the processing of 27 applications. Michael Baker will provide status update to the City on Monday and Thursday of each week to ensure the timeline is being met. Attachment A contains details of how these will be processed. The estimated schedule: 1. Timeline a. Week 1 i. Send initial email with documentation request b. Week 2- 3 i. Only 2 week turn -around ii. Determine if business qualifies for the SBA program iii. Check if all required information received, reach out to business directlyfor additional information if needed iv. Prep subrecipient agreements c. Week 3-4 i. End of week 3 — receive all required documentation from applicants ii. Disqualify business if information is not received d. Week 3-4 (dependent on information received from applicants) i. Perform a Duplication of Benefits analysis ii. Disqualify business if results in Duplication of Benefits iii. Finalize subrecipient agreements iv. Send W -9s to accounting in a batch for entering into system e. Week 5 i. Send businesses their subrecipient agreements; might be done in two batches if needed to prevent the hold up ii. 3 DAYS only to respond iii. Contact businesses thatneed revised W -9s —QUICKturn around iv. Start claim vouchers f. Week 6-7 i. City executes agreements ii. Finalize Create claim vouchers, submit to City, one excel sheet with each business has its own tab iii. Packaging/place in files the W-9; signed agreement, and claim voucher ready in the files iv. Physical copy will be printed out later g. Week 7-8 i. City issues payments CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 13 Michael Baker staff assigned to this task include Patrice Clemons, Tanner Wolverton, Clancy Taylor, and Marcus Richards or another MBI planner. The reason for the additional unnamed staff is to make sure we have the capacity to move the processing to meet the timeline above. Michael Baker estimates times/materials cost of $47,000. The original allocation for the ARPA task was $60,000. By reducing it to $47,000, this leaves $13,000 in unallocated funds under this contract. This unallocated amount will now be allocated towards vendor services for lead abatement. Note that these lead abatement services costs will not come out of the existing "CDBG — EN Activity Delivery Housing Rehab" Task below because those funds are already accounted for. 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 $140.00 Program Coordinator $125.00 Labor Compliance Specialist $102.00 Associate Housing Planner II $108.00 Associate Housing Planner $100.00 Assistant Housing Planner 11 $95.00 Assistant HousingPlanner $90.00 Housing Grant Specialist $ 85.00 Planning Technician $78.00 Housing Rehabilitation Specialist $95.00 NEPA Environmental Specialist $100.00 CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 14 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. Amendment No. 4: To update the table below, original columns were deleted and new columns were added in red below. Activities that are marked as closed will not be billable activities beginning November and through this contract extension period (ending June 2022). Any left- over funds from these closed activities can be applied to other active activities below, per the agreement between Michael Baker and the City. 2020-2021 and 202 1 - Tasks Existing Contract Amendment No. 4 Contract Max 2022 Contra ct Period 2020-2021 CDBG — EN Planning and $108500 $0 $108,500 Administration (Nov-June2021) , Closed 2020-2021 CDBG — EN Activity $34,935 $0 $34,935 Delivery (until June 2021) Closed CDBG — EN Activity Delivery Housing $84,000 $10,000 $94,000 Task 1, 2, and Rehab (On-going, until June 2022) 3: CDBG Planning CDBG — LIC $0 $6,349 and (reimbursed by 2020-2021 CDBG EN $6,349 Closed Administration — Plan/Admin — July -Oct) and Activity CDBG — HOME FTHB Annual $0 $1,809 Delivery for EN Reporting (reimbursed by 2020-2021 Closed and CV Grants CDBG EN — Plan/Admin, until June $1,809 2021) CDBG — ABCD $0 $1,080 (reimbursed by 2020-2021 CDBG EN $1080 Closed — Pla n/Ad min — J my -Oct 202 1) CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 15 and 20 Period2020-2021 re- Tasks Existing Contract Amendment No. 4 Contract Max 2021-2022 CDBG - EN Planning and Administration (July -June 2022) $38,000 $57,900 $95,900 CDBG - LIC $810 $1,620 $2,430 (reimbursed by 2021-2022 CDBG EN - Plan/Admin) (until June 2022) CDBG -ABCD $4,240 $5,860 (reimbursed by 2021-2022 CDBG EN - $1620 Plan/Admin) CDBG - HOME FTHB Annual $1,809 $1,809 Reporting (reimbursed by 2021-2022 $0 CDBG EN - Plan/Admin) 2021-2022 CDBG-EN Activity $50,764 $62,764 Delivery (July -June) (based on an estimate however actual $12,000 expenses may vary slightly) CDBG - CV (Round 1 and 3) Task 3.1 $15,000 $0 $15,000 CDBG - CV (Round 1 and 3) Tasks 3.2 $20,000 $87,285 through 3.4- Planning and $67,285 Administration CDBG-CV ESG-CV $9,000 $0 $9,000 CDBG CV CARES Elderly $4,100 $0 $4,100 Other CV Grant Research/Misc. $5,000 $0 $5,000 CDBG - CV SBA Activity Delivery $50,000 $0 $50,000 TOTAL CDBG Funded Activities $439,488 $146,333 $585,821 Task 4: Non-CDBG - ABCD $5,270 $0 $5,270 Neighborhood Services Non-CDBG - Lodi Improvement Committee $7,392 $0 $7,392 Division Support LodiGRIP Program TBD $0 $0 Services (Non- CDBG) HEAP Grant Administration $32,000 $0 $32,000 Closed CITY OF LODI RE: 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND Neighborhood SERvices Division SUPPORT SERVICES Page 16 2020-2021 and . 2022 Coi Period Tasks Existing Contract Amendment No. 4 Contract Max HOME Grant Application (Creekside $465 $175 $640 Apts) HE Annual Performance Review and $6,960 $4,000 $10,960 Implementation Other Grant Administration - $0 $13,500 $13,500 HHAP Grant Application Closed PLHA Grant Application $7,100 $0 $7,100 ADA Coordinator $1,485 $0 $1,485 $0 $13,000 Lodi Committee on Homeless (LCOH) $13,000 Closed Access Center Outreach/Engagement $7,560 $0 $7,560 American Rescue Plan Act Small $0 $47,000 Business Assistance/Public Services $47,000 _ Program Administration* Lead Abatement—Vendor Services $73,000 $73,000 TOTAL HOUSING PROJECTS (NON- $154,732 $4,175 $158,907 CDBG) Total $594,220** $1S0,508 *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. RESOLUTION NO. 2021-280 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO EXTEND THE TERM OF THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, OF RANCHO CORDOVA, FOR COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION/HOUSING PROGRAM SUPPORT SERVICES 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, Contract Amendment No. 1 on March 14, 2019, Contract Amendment No. 2 on October 3, 2019, Contract Extension No. 1 on December 18, 2019, and Contract Extension No. 2 effective November 1, 2020 in an amount not to exceed $223,000, and Contract Amendment No. 3 effective May 19, 2021 in an amount not to exceed $594,220; and WHEREAS, staff recommends approving Amendment No. 4 to the Professional Services Agreement with Michael Baker International to extend the term based on the quote received and attached to the agreement in an amount not to exceed $150,508 and a total contract maximum not to exceed $744,228. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 4 the Professional Services Agreement with Mic-iael Baker International, of Rancho Cordova, California, for Community Development Block Grant Administration and Housing Program Support Services, in an amount not to exceed $150,508, thereby extending the term through June 30, 2022; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: October 20, 2021 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-280 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 20, 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 J NNIF CUSMIR City Cle 2021-280 Item C-11 Blue Sheet CONTRACT AMENDMENT No. 4 Michael Baker International THIS CONTRACT AMENDMENT No. 4 is made and effective this day of October, 2021, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and Michael Baker International, Inc., a Pennsylvania corporation, qualified to do business in California, hereinafter called "Contractor." WITNESSETH: WHEREAS, Contractor and City, entered into an Agreement for Professional Services on September 7, 2017, Contract Amendment No. 1 on December 17, 2018 and March 14, 2019, 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, and Contract Amendment No.3 on May 19, 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 extend the term of the Agreement through June 30, 2022, and increase funding in an amount not to exceed $150,508; and 2. WHEREAS, City and Contractor agree to amend the Agreement to add the following terms and conditions: a. All files created on behalf of the City from the inception of the Agreement (February 27, 2017), must be provided via an external drive within 60 days of the signing of Amendment No. 4. This request is being made per section 4.19 of the Professional Services Agreement dated February 27, 2017. City agrees to make payment on a time and materials basis for this service. b. Except for files provided under Section 2.a., all future files must be downloaded monthly to the City of Lodi network utilizing the naming convention as currently set up and utilized by Contractor in City of Lodi files. c. Invoices: Contractor shall submit invoices monthly to City following the end of the service month for charges during the prior month. i. To ensure compliance with City, County, Federal, and State regulations, City may require additional supporting documentation or clarification of invoiced expenses as follows: 1. City staff shall notify Contractor to obtain necessary additional documentation or clarification, such as are required to evidence proper charges under the federal funding agreement held by the City. 2. Contractor shall respond to the request within four (4) business days with required additional documentation or clarification to avoid disallowances and/or delay in payment of invoice, except in the event of unavailability of Contractor staff working under this Agreement due to vacation, medical emergency, or other circumstance outside Contractor's control, such time shall be equitably extended with written request to the City for approval of extension. d. Payments: City will eat -pay for invoiced services rendered by Contractor.,~ fGF the inVOiGed SeWiGes which have eat -been provided as required under the CDBG Grant funding, even if those services are not expressly stated in Contractor's Scope of Services, but are incidental, usual, and necessary elements of CDBG Program Administration-- i. dministration„i. City retains the right to withhold payment on disputed charges (if any) from Contractor's invoices. However, City shall not unreasonably dispute charges, and shall make payment on any charges, which are not disputed in Contractor's invoice in accordance with the payment terms in the Agreement. Further, upon resolution between the parties of disputed charges (if any), City shall promptly release payment on charges determined to be proper. The parties agree to work in good faith to resolve any such disputes. Subconsultant: Approval is required by the City for the Contractor to hire a subconsultant. Contractor will be responsible for paying any subconsultant which Contractor has contracted with for professional services and request reimbursement from the City via the standard invoicing process. i. Invoice submitted should include subcontractor invoice. Subrecipients hired under the Community Development Block Grant: i. Subrecipient invoices shall be coded and submitted for processing within 14 days of receipt by Contractor to ensure Subrecipient can be paid timely by City. 1. Exceptions: Need to be communicated to City within 14 days of receipt. a. Subrecipient invoices need correction; b. Subrecipient agreement not executed; C. Accomplishments and/or labor compliance not being met by Subrecipient; and/or d. Miscellaneous — Reason must be communicated and approved by City ii. All City procurement processes must be followed and sufficiently documented in order for the Subrecipient to be paid by the City. No Subrecipient will be directly paid by Contractor, unless otherwise agreed upon between the parties in writing. On behalf of the City, Contractor will solicit and select General or Specialty Construction Contractors (GoSCC) to perform work under home repair -type program: i. Applicable City procurement processes must be followed and sufficiently documented in order for the GoSCC to be paid by the City. In the event of imperfect procurement, the parties shall act in good faith to remedy the procurement process in a timely manner for work to continue on the program. ii. The City will provide in writing to Contractor the City's procurement processes that are applicable and required for each particular type of GoSCC solicitation. iii. No GoSCC will be directly paid by Contractor, unless otherwise agreed upon between the parties in writing. 3. WHEREAS, in the event the additional terms and conditions set forth in paragraph 2 conflict with the Agreement, the terms and conditions set forth herein shall govern and control. NOW THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement -remain unchanged. Counterparts and Electronic Signatures. This Amendment and other documents to be delivered pursuant to this Amendment 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 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 Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Amendment 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 STEPHEN SCHWABAUER City Manager Attest: JENNIFER CUSMIR City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney CONTRACTOR called "Contractor" MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania Corporation, qualified to do business in California By: Ali Seyedmadani Title: Vice President