SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[CDBG/HOME Consultant Services]
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania corporation (“Contractor”), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7233) dated August 9, 2021 , which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 7233.1) dated September 14, 2021, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Services and increase the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.
Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described in correspondence from C ontractor dated January 31, 2022 and February 3, 2022, attach hereto as Exhibit A and incorporated herein by this reference.
Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($120,000.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED THOUSAND DOLLARS and 00/100 ($ 200,000.00) without the prior written authorization of City.”
2 Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the te rms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
MICHAEL BAKER INTERNATIONAL, INC., CITY OF ORANGE, a municipal corporation a Pennsylvania corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution , certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 1 | P a g e
February 3, 2022
Susan Galvan
Community Development Director
CITY OF ORANGE
300 E. Chapman Ave.
Orange, CA 92866
RE: Proposal for CDBG and HOME Program Administration Services
Dear Ms. Galvan,
Michael Baker International (Michael Baker) is pleased to submit this proposal to continue to provide General Grant Assistance to the City of Orange. It is our understanding, the City seeks continued support with CDBG and HOME program administration ( planning, program compliance, technical assistance, and ongoing financial reporting ). Assistance is also needed to develop and implement CV (CARES ACT) funded project s, HOME affordable housing program implementation and administration, HOME-ARP program administration, PLHA and Successor Agency matters, and staff development in the various grant administration processes.
Michael Baker has established sound practices and standard procedures to maintain a high level of accuracy and productivity in grant management . Our staff possesses over 30 years of grant management and public administration experience. Further, our staff regularly attends workshops and training sponsored by the Department of Housing and Urban Development and the State to remain current with changing regulations, principles, and procedures. Michael Baker staff members are well qualified to provide the services being requested by the City of Orange b ased on t heir educational background, career training, and work experience.
The Scope of Services is as follows:
1. General Federal Grant Assistance
a) Conduct monthly reviews of the City’s CDBG and HOME Program files to assess status and completeness. Take corrective actions as necessary.
b) Assist with the completion of monthly task items and ensure all are on track through end of fiscal year.
c) Assist with subrecipient oversight including reporting and billing. d) Provide technical assistance to staff with overall program administration. e) Provide assistance with CARES Act grant administration.
3. 2022-2023 Annual Action Plan
a) Prepare Annual Action Plan document
b) Prepare Public Notice
c) Attend public hearings as necessary
d) Upload Annual Action Plan to IDIS
4. Environmental Review Documents for approved projects for the 2022/23 Fiscal Year. a) Prepare NEPA reviews for public service projects and capital projects
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 2 | P a g e
5. Program Compliance and Monitoring.
a) Conduct annual monitoring of CDBG and HOME Program subrecipients which include:
Fair Housing Program; After -School Community Program; Bike Team Program; Assistance League of Orange – Operation School Bell; and Friendly Center Inc. – Community Food Orange. This task will also include monitoring of the HOME Program.
6. Labor Compliance. Conduct monitoring services for compliance with HUD Section 3, Federal Davis-Bacon Act, and State of California Department of Industrial Relations’ requirements for approved projects which include: ADA Wheelchair Access Ramps; Beverly Neighborhood Improvements; and, Library Accessibility Improvements.
In addition to our full labor compliance monitoring and review services, Michael Baker can also provide optional services upon request at an additional fee to include:
• Prevailing Wage Determination
• Contractor Eligibility
• Pre-Construction Meeting Attendance
• Creation of a Labor Compliance
Welcome Package
• Certified Payroll Reporting
• Ensuring Apprenticeship Regulation
• LCP Tracking
• Site Visits and Interviews
• Labor Compliance Status Reporting
• Maintenance of Project Files
• Compliance Close-out
The Scope of Services for the HOME Program is as follows:
7. HOME Funded Affordable Housing Assistance
Assist staff with the administration of HOME affordable housing project implementation and reporting.
The Scope of Services for General Non Federal Grant Administration is as follows:
8. General Grant Assistance
Assist staff with technical assistance regarding the administration of Successor Agency matters, PLHA, State grant reporting and other non-Federal Grant items.
Fees
We have broken down the cost per task and can customize the proposal to reflect whichever combination of services the city would like to engage Michael Baker. if it differs from the proposed scope of services noted above . Please refer to page 3 for a breakdown of our current hourly fee schedule which is included as a part of this proposal.
CDBG Task Fee
1. General Federal Grant Assistance1 $33,610
3. 2022-23 Annual Action Plan $9,620
4. Environmental Review $2,200
5. Program Compliance and Monitoring $9,740
6. Labor Compliance $6,300
Total $61,470
1 Assumes 10 hours per week of Project Lead Time for term of contract.
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173 3 | P a g e
HOME Task Fee
7. HOME funded Affordable Housing Assistance $8,120
Total $8,120
Non-Federal Grant Task Fee
8. Non-Federal Grant Assistance $12,180
Total $12,180
We believe that the services being offered by Michael Baker will fulfill the City’s needs in an efficient, task-oriented, and cost -effective manner. We sincerely appreciate the opportunity to submit this proposal and look forward to continuing to assist the City of Orange. If you have any questions regarding this proposal, please contact Monika Troncoso , at (714) 403-4879, or [email protected].
Sincerely,
William Hoose, AICP
Associate Vice President
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1 United States Environmental Protection Agency, General Conformity: De Minimis Tables , https://www.epa.gov/general - conformity/de-minimis-tables, accessed January 26, 2022.
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