Loading...
HomeMy WebLinkAboutItem 10d - CDBG Program Management Services DATE: November 19, 2024 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Jeramie Brogan, Management Analyst SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) HOUSING REHABILITATION PROGRAM MANAGEMENT AND ADMINISTRATIVE SERVICES IN THE AMOUNT OF $49,150, PLUS A 10% CONTINGENCY CEQA: Not a Project Recommendation: Approve SUMMARY The City receives Community Development Block Grant funds each year to administer the Housing Rehabilitation Program (“Home Improvement Program”), which provides grants for qualifying improvements to low- and moderate-income homeowners. The City’s current Home Improvement Program consultant announced her retirement and, on July 25, 2024, a Request for Proposals (“RFP”) was issued and sent to 11 consultants with experience in administering such programs. Based on the evaluated proposals received, it is recommended that the City Council approve, authorize and direct the City Manager to execute, a Professional Services Agreement with Willdan Engineering (“Willdan”) for Community Development Block Grant (“CDBG”) Housing Rehabilitation Program Management and Administrative Services in the amount of $49,150, plus a 10% contingency. The Agreement includes an option for three, one-year contract renewals at the sole discretion of the City Manager without requiring any further approvals from the City Council, provided that the pricing structure and other details remain within inflationary norms. BACKGROUND The City receives CDBG funds each year through the Los Angeles County Development Authority (“LACDA”). These funds are used for programs and projects that benefit low- and moderate-income residents. The City Council approves the objectives and projects for the use of CDBG funds each year. Professional Services Agreement with Willdan Engineering for CDBG Housing Rehab and Administrative Services November 19, 2024 Page 2 of 4 The funding and projects for Fiscal Year 2024-25 were approved by the City Council on January 16, 2024. A significant portion of the CDBG funds the City receives each year are allocated to the Home Improvement Program. The Home Improvement program provides grants of up to $25,000 to owner-occupants of single-family residences, and $20,000 for townhomes and condominiums, for eligible improvements for low- and moderate-income homeowners. Typical improvements and repairs include exterior painting, roof replacement, modifications to accommodate disabilities and special needs, energy-efficiency improvements, replacement of windows, termite damage repair work, new air-conditioning units and water heaters, and plumbing work. These improvements enhance the livability of the home, and help preserve the value of the subject property and the surrounding neighborhood by avoiding blight. For Fiscal Year 2024-25, the Home Improvement Program allocation totals $370,056. A maximum of 20% of the HIP funding may be used for program administration (approximately $74,000 for FY 2024-25). The reporting requirements and income verification portions of this program are very challenging and time consuming. For this reason, majority of the administrative funds are used to contract with a program consultant who understands the processes and policies of the CDBG program and can work closely with applicants. The vetting process for eligibility alone is a time-consuming process, as up to 50% of those who apply for the program do not ultimately qualify. The City’s current consultant, Beatrice Picon, has administered this program for Arcadia for over 10 years and recently announced her retirement, prompting the search for a new consultant. The consultant works approximately 11 hours per week, with a goal of completing 10-to-12 Home Improvement Program projects each year. DISCUSSION The Development Services Department solicited proposals for a new Home Improvement Program consultant, one that could bring valuable expertise in broader CDBG program management and administration. The RFP was issued on July 25, 2024, and sent to 11 consultants with experience administering and managing housing rehabilitation and CDBG programs. A Notice Inviting Proposals was published in accordance with City Council Resolution No. 7483 and published in the Arcadia Weekly. The City received three proposals from the following consultants in response to the RFP: Consultant Location Proposed Cost Proposal* Willdan Engineering City of Industry, CA (Local office) Hourly Rate: $120-$135+ (Varies based upon staff member assigned to task) Housing Programs Menifee, CA Hourly Rate: $100 Professional Services Agreement with Willdan Engineering for CDBG Housing Rehab and Administrative Services November 19, 2024 Page 3 of 4 Sandra Medrano (Sole proprietor) Hacienda Heights, CA Hourly Rate: $90 *Regardless of the proposed hourly rate, consultant costs shall not exceed the 20% CDBG administrative cap ($74,000 for Fiscal Year 24-25) Proposals were evaluated based upon the following criteria: thoroughness and understanding of the scope of work, related experience, references, proposal quality, and the cost proposal. The proposal review committee evaluated all proposals and conducted interviews, after which, the committee selected Willdan as the top choice to perform the requested services. They provided a quality proposal that showed a strong understanding of the needs of the City and an understanding of CDBG programs, in general. Willdan has over 25 years of experience in the administration of federal and state Community Development grants and has assisted many neighboring cities in this work. Willdan also has a broad range of experienced employees in a number of fields, which will help the City pivot if the program focus changes over time. The structure of the cost proposals varied, as consultants will typically bill at an hourly rate per task but can also bill on a per project basis (i.e. per case file), or an annual not- to exceed total. Despite these options, the most effective way to compare consultants in this case is based on their hourly rate. Although Willdan proposed the highest hourly rates of the three proposals, they provide a full range of CDBG services, offering the flexibility and expertise needed to adapt to any shifts in program focus, which is of particular importance to the City at this time. The other consultants are more limited in their scope, with less ability to work on a variety of projects and provide the same overall value. Also, it is important to note that there is an administrative cap placed on all CDBG projects each year that cannot be exceeded, regardless of the hourly rate of the consultant. Under the proposed Agreement, Willdan will manage all aspects of the Home Improvement Program and perform the related administrative tasks at a prorated rate of $49,150 for Fiscal Year 2024-25. The consultant expenditures will be reimbursed using grant funds and will not exceed the 20% administrative cap allowed under the CDBG program. ENVIRONMENTAL ANALYSIS This proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. Professional Services Agreement with Willdan Engineering for CDBG Housing Rehab and Administrative Services November 19, 2024 Page 4 of 4 FISCAL IMPACT The proposed Agreement includes a not-to-exceed amount of $49,150 for Fiscal Year 2024-25. A 10% contingency was added to the contract should the consultant be able to complete additional tasks during the contract term. It also includes up to three, one-year renewals for each additional year the contract is renewed; however, it is expected that the contract amount will change next year due to the delayed start for Fiscal Year 2024- 25. A full year of service is expected to utilize the entire 20% administrative cap. The City’s annual CDBG program allocation will continue funding 100% of the cost of this contract as well as approximately $8,000 annually, towards the salary and benefits of one City staff member to assist with program administration and oversight. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize and direct the City Manager to execute, a Professional Services Agreement with Willdan Engineering for Community Development Block Grant (“CDBG”) Housing Rehabilitation Program Management and Administrative Services in the amount of $49,150, plus a 10% contingency, including three optional one-year extensions. It is further recommended that the City Council authorize the City Manager, at their sole discretion without requiring any further approvals from the City Council, to approve any desired contract extensions, provided that the pricing structure and other financial details remain within inflationary norms. Attachment: Proposed Professional Services Agreement 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING HOUSING REHABILITATION PROGRAM MANAGEMENT AND ADMINISTRATIVE SERVICES This Agreement is made and entered into as of ________________, 20____ by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Willdan Engineering, a California Corporation, with its principal place of business at 2401 East Katella Avenue, Suite 300, Anaheim, California 82806 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: HOUSING REHABILITATION PROGRAM MANAGEMENT AND ADMINISTRATIVE SERVICES (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A. 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $49,150 [Forty-Nine Thousand One Hundred Fifty]. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following 2 Updated Feb. 2020 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be from December 1, 2024, to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care 3 Updated Feb. 2020 Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage 4 Updated Feb. 2020 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall 5 Updated Feb. 2020 maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General 6 Updated Feb. 2020 Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is 7 Updated Feb. 2020 canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects 8 Updated Feb. 2020 (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16. Termination or Abandonment 9 Updated Feb. 2020 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Jennifer Maria as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Jason Kruckeberg, Assistant City Manager/ Development Services Director CONSULTANT: Willdan Engineering 2401 East Katella Avenue, Suite 300 Anaheim, CA 92806 Attn: Salvador Lopez, Jr., Director of Planning and shall be effective upon receipt thereof. 10 Updated Feb. 2020 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests 11 Updated Feb. 2020 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 31. Federal Requirements When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 32. County Lobby Certification It is understood that each person/entity/firm who applies for a Community Development contract, and as part of that process shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all persons/entity/firms acting on behalf of the above named firm have and will comply with the County Code, and; that any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified there from and denied the contract or any other person or entity acting [SIGNATURES ON FOLLOWING PAGE] 12 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLDAN ENGINEERING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA WILLDAN ENGINEERING By: By: Dominic Lazzaretto Signature City Manager Date: Its: ATTEST: Printed Name By: Date: City Clerk APPROVED AS TO FORM By: Signature By: Its: Michael J. Maurer City Attorney Printed Name 13 Updated Feb. 2020 EXHIBIT “A” Scope of Services Methodology Willdan is proposing to provide to the City of Arcadia the appropriate range of services needed to assist the city with the implementation of its Housing Rehabilitation Program, as well as general administration of its CDBG Grants Program in order to ensure grant compliance and allow City staff to direct their attention and efforts to the many other tasks required of them. Willdan will provide these services to minimize demands upon the time and effort of City staff. Willdan’s technical approach to assisting with the administration of the City’s CDBG funded projects/programs involves assigning a well-qualified team, under the director of a senior member of our staff, to provide the services being requested by the City. Our designated CDBG Program Manager/Administrator, Jennifer Maria, will take the lead in providing CDBG administration services and report directly to the department manager in delivering the desired services. She will also be responsible for delegating specific tasks to the other team members, as necessary, and monitoring their performance. Progress Reports Willdan shall provide progress reports on a monthly basis, unless a shorter interval for reporting is requested by the City. These progress reports shall include progress on each deliverable, as well as an estimated completion date. Should any impediments be encountered throughout the implementation process, that data shall be included as well. Our team is more than happy to monitor/tailor progress reports to meet the City’s needs. Communication Plan Prior to commencing administrative CDBG program functions, the Project Manager will meet with City staff to ensure that all information pertaining to the City’s goals and objectives are heard and understood. Thereafter, a clear action plan/timeline will be coordinated with staff to properly reflect completion dates and milestones for all deliverables. Simultaneously, our Project Manager will develop a strategy to effectively maintain an open channel of communication to furnish up-to-date information pertinent to the overall administration and oversight of the CDBG projects/programs. Our team will also coordinate with City staff to determine the best method for data sharing in order to perform various CDBG – related tasks. Understanding of City Operations It is our goal to become an extension of the City of Arcadia’s team and to take on any tasks or projects that may be required in accordance with CDBG operations. To effectively do so, our team will take the necessary steps to become fully familiarized with City operations as they pertain to overall CDBG administration. Although federal implementation guidelines for the CDBG are generally consistent, our team understands that compliant implementation of those activities must be tailored to meet the specific needs of the City, as well as its internal operations. Coordination with LADCA Our team will promptly communicate with the City of Arcadia’s assigned representative (Contract Manager) of LACDA’s Grants Management Unit (GMU) to acquire up-to-date data and information 14 Updated Feb. 2020 related to any pending or outstanding items. Our goal is to ensure that the City is responsive in maintaining a positive rapport with the LACDA office. Thereafter, a consistent line of communication will be maintained with the LACDA office to demonstrate the City’s commitment to successfully implementing all CDBG related activities. Any communication of consequence that arises will be conveyed to corresponding City staff in a timely manner. Public Outreach Clear communication with the City’s intended target groups for program participation is essential to the effective administration of any CDBG funded program/project. Our team is committed to developing a comprehensive understanding of the Community’s housing and commercial business needs by becoming knowledgeable of the City’s demographic information, understanding the goals and ambitions of the residents, and identifying key stakeholders. CDBG Administration Willdan staff will provide guidance for the administration and implementation of the City’s CDBG funded activities, including determining project eligibility, maintaining accurate/complete project files and required program documentation, as well as monitoring of programs to assure compliance with all federal, state, and local regulations and procedures. Willdan will work with the City to prepare final drawdown for prior fiscal year projects, collect and report quarterly and year- end accomplishments, and prepare and submit cyclical reports, which may include Quarterly Cash Transaction Reports, Semi-Annual Labor Standards Compliance Reports, Contract/Subcontract Activity Reports, MBE Activity Report, etc. We will prepare staff reports and presentation materials, as requested by the city, for any grant related public hearings, and attend public hearings with City staff. Our team will complete drawdown requests on a regular basis in accordance with City operational processes for the reimbursement of current-year expended funds reported in the LACDA’s grant systems, maintain an ongoing record of draws for each activity, receipt of program income, and regularly input project/program accomplishments into the reporting system for each grant funding source. We will prepare National Environmental Policy Act (NEPA) Environmental Review documents via the Environmental Service Review (ESR) for new fiscal year CDBG projects, as applicable. We will also address any other administrative item that requires attention with a solid sense of priority and care (e.g., requests for proposals, contracts, etc.). Customer Service The Willdan team is not only committed to maintaining the highest quality of service for the City of Arcadia’s external customers, but just as importantly, for its internal customers. Our mission is to actively put forth efforts to develop and nurture positive working relationships with City staff in order to foster the spirit of teamwork. Effective collaboration with City staff is essential to our success in providing the best grant services for the community. Tasks to Perform Services Home Improvement Program (Housing Rehabilitation) • Provide general information to public regarding program and maintain application forms, information brochures, and program guidelines. • Approve selected contractor; prepare and execute documents for home improvement financial assistance 15 Updated Feb. 2020 • Conduct preliminary interviews to determine owner’s eligibility status and desired improvements for dwelling unit • Obtain contractor clearances from State Contractor’s License Board and verify non-inclusion on Federal Debarred List • Process applications for Housing Rehabilitation Program assistance to eligible homeowners utilizing CDBG funds • Conduct pre-construction meeting with homeowner and contractor to review proposed work • Obtain required qualification documentation, including income verification and homeownership documentation (i.e. deed of trust, pay stubs, bank statements, social security benefits statements, etc.) • Conduct progress inspections to ensure work is proceeding in timely manner and to authorize and process progress payments • Conduct property inspections, prepare work write-ups and preliminary cost estimates • Execute and record Notice of Completion upon final inspection certifying improvements have been completed in accordance with contract requirements • Complete applicable program documents relating to improvement activities, including asbestos and lead-based paint requirements, historical preservation review (SHPO), etc. • Acquire lien releases from contractor and subcontractor(s), obtain homeowner’s authorization for final payment, and execute closeout of housing rehabilitation work by ensuring permanent file contains required documentation for monitoring audit purposes • Prepare specifications and bid documents and review received bids with homeowner • Maintain and update all applicable program data in the County’s Rehab Panel for each participant file • Be available at City Hall as necessary to meet with program applicants and complete all related work items. 16 Updated Feb. 2020 CDBG Grant Administration • Meet with City representatives to provide status updates on the CDBG funded projects and issues requiring immediate attention. • Assist City staff with the development of CDBG funded projects/programs (i.e., activity summaries, budgets, national objectives, applicable census tracts, etc.). Coordinate public notices for public hearing purposes. Prepare staff reports and applicable materials to be presented to the Council for consideration/approval. Input planning summaries and submit all required supporting documentation for LACDA review. Review Agreements to Implement and process for approval. Review Exhibit A’s and process for approval. • Review program guidelines for effective implementation of all CDBG funded activities and ensure all LACDA and City requirements for program participation are grant compliant. Develop program guidelines, as needed. • Review pending Cooperation Agreements and Reimbursable Contracts. Coordinate approval process. • Develop timelines for each approved CDBG project, establishing key dates for review to track each project’s progression in alignment with milestone targets for completion. • Prepare/present Council presentations for new/canceled programs and/or to provide updates on existing CDBG programs, as needed. • Assist City with implementation of program marketing plans, as needed. • Assist City by providing technical assistance to City staff and program participants seeking clarification on issued program guidelines. • Create and maintain complete, grant- compliant files for all program participants for monitoring and retention purposes. • Establish an effective and communication channel with City’s designated Contract Manager from LACDA. Establish an equally effective communication channel for all CDBG program participants, as applicable. • Perform ongoing program oversight, to include on-going monitoring and closeout review for all CDBG funded activities. Assist the City with preparation for annual programmatic and financial in-progress monitoring by LACDA GMU staff. • Work with City staff to ensure annual drawdown requirements are met in accordance with LACDA’s annual Participating Cities Performance Policy. 17 Updated Feb. 2020 • Develop and maintain financial spreadsheets for all CDBG program files, to include eligible reimbursements, amounts expended, reimbursements received, and balances available to be utilized for each funding source for financial reporting purposes. • Conform with new/existing mandatory regulatory provisions concerning use of CDBG funds under the Urban County Program and Standard Agreement between LACDA, as published via Grants Management Unit (GMU) bulletins. • Monitor and maintain all financial records relevant to CDBG funded projects and reconcile any records discrepancies. • Prepare and submit monthly Funding Requests, for each funding source, on the LACDA partner page. • Prepare all grant related submissions to the LACDA, including but not limited to, Planning Summaries, Quarterly Performance Reports (QPR’s), ESR’s, Semi-Annual Labor Standards Reports, Funding Requests, Project/Budget Amendments, etc.) 18 Updated Feb. 2020 EXHIBIT “B” Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task 19 Updated Feb. 2020 20 Updated Feb. 2020 21 Updated Feb. 2020 22 Updated Feb. 2020 EXHIBIT “C” Activity Schedule Willdan Engineering will provide Consulting Services for CDBG Housing Rehabilitation Program Management and Administrative Services through June 30, 2025. Up to three, one-year renewals are available following the initial term, at the City’s sole and absolute discretion. 23 Updated Feb. 2020 EXHIBIT “D” Federal Requirements During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following: Conflict of Interest [2 CFR Part 200.318(c)(1)(2)] No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Title VI of the Civil Rights Act of 1964 (as amended) [24 CFR Part 1.4] The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color, or national origin in all HUD-assisted programs. Title I of Housing & Community Development Act of 1974, Section 109 (as amended) [24 CFR Part 6.4] The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities. Age Discrimination Act of 1975 (as amended) [42 U.S.C. §§ 6101 – 6107] The CONTRACTOR agrees to comply with prohibition of discrimination on the basis of age in programs and activities receiving federal financial assistance. Rehabilitation Act of 1973, Section 504 (as amended) [24 CFR Part 8.5] The CONTRACTOR agrees to comply with prohibition of disability discrimination and impose accessibility standards on housing and non-housing programs receiving Federal financial assistance. Section 3 of the HUD Act of 1968 [24 CFR Part 135.38] The CONTRACTOR agrees that when new jobs or contracts are created as a result of the usage of certain HUD funds (including Public and Indian Housing funds), priority consideration is given, to the greatest extent feasible, to low- and very low-income persons residing in the community in which the funds are spent and to businesses that provide economic opportunities for these persons. Copeland “Anti-Kickback” Act [18 U.S.C. §874 and 40 U.S.C. §3145] 24 Updated Feb. 2020 The building CONTRACTOR or SUBCONTRACTOR is prohibited from inducing an employee into giving up any part of the compensation that he or she is entitled to under the terms of his or her employment contract. Davis-Bacon and Related Acts [29 CFR Parts 1,3,5] All laborers and mechanics employed by CONTRACTOR and SUBCONTRACTOR in the performance of construction work financed in whole or in part with assistance received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. Sections 103, 107 of Contract Work Hours & Safety Standards Act [40 U.S.C §§ 3700-3708] The CONTRACTOR and SUBCONTRACTOR pay overtime compensation for workers who work over 40 hours in a 7-day workweek. If the CONTRACTOR fails to pay overtime, the CONTRACTOR will be assessed liquidated damages, at $25 per workday, per person, where the worker was permitted to work overtime without being properly compensated for contracts greater than $100,000 in value. Labor violations on contracts less than $100,000 may be addressed under the Fair Labor Standards Act. Federal Byrd Anti-Lobbying Amendment [31 U.S.C. 1352] The CONTRACTOR affirms that in the procurement and performance of this contract, it was and is in compliance with the Byrd Anti-Lobbying Amendment. Executive Order 11246 – Equal Opportunity [Amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971] 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The CONTRACTOR will, in all solicitations or advancements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 25 Updated Feb. 2020 3. The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’s legal duty to furnish information. 4. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the CONTRACTOR’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The CONTRACTOR will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. Executive Order 11738 – Environmental Debarments [38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799] 26 Updated Feb. 2020 The CONTRACTOR affirms that it does not have a conviction and/or Federal debarment for an offense under section 113(c)(1) of the Air Act or section 309(c) of the Water Act and agrees to comply with Federal Air Act and Water Act regulations and requirements. Clean Air, Water Pollution Control Acts [38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799] The CONTRACTOR and SUBCONTRACTOR agree to comply with the Clean Air and Water Pollution Control Acts requirements as applicable in the performance of this contract. Patent Rights & Copyrights [24 CFR Part 85.36(i)] The CONTRACTOR agrees that results in any discovery, invention or copyrightable material which may develop in the course of or under contract, the CITY/AGENCY reserves the right to royalty-free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. Energy Policy Act [42 USC §13201 et seq.] The CONTRACTOR agrees to comply with the Energy Policy Act and its requirements in the performance of this contract. Awards to Parties on Federal Excluded Parties List (EPLS) [2 CFR Part 200 – Appendix II(A)] The CONTRACTOR affirms that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 – Appendix II(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on https://sam.gov/content/entity- information.