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CC SR 20190319 H - Grant Mgmt for Santa Monica Catch Basin Insert ProjectRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/19/2019 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to contract with Blais & Associates, Inc. for continued grant management services regarding the Santa Monica Bay Catch Basin Insert Project. RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Blais & Associates, Inc., subject to approval as to form by the City Attorney. FISCAL IMPACT: The recommended action will result in a total authorized expenditure of $38,150. This project is included in the FY18-19 Capital Improvement Budget and will be funded by Capital Improvement funds, Proposition 84 Grant, and the Memorandum of Understanding by the adjacent Cities. Amount Budgeted: $412,200 Additional Appropriation: $38,150 Account Number(s): 330-400-8709-8004 ORIGINATED BY: Charles Eder, PE, Senior Engineer REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Amendment No. 1 to Professional Services Agreement with Blais & Associates, Inc. (page A-1) B. Blais & Associates, Inc. Proposal (page B-1) BACKGROUND AND DISCUSSION: Blais & Associates, Inc. (B&A), which is a professional grant management firm, previously helped the City, with its partnering cities of Palos Verdes Estates (PVE) and Rolling Hills Estates (RHE), to secure the Proposition 84 grant for the Catch Basin Insert Project. The City also contracted with B&A to assist the Cities with the management of the $600,000 grant from the State Water Resources Control Board. They have been preparing the reports, tracking the requirements, and performing general coordination with the State Board to keep this grant active and in compliance prior to and during construction. Staff intends to utilize B&A’s continued services for the 1 duration of this grant, during the construction phase of this project for the next two years, including close-out of the grant. The Cities applied for and were awarded a Proposition 84 Grant from the State Water Resources Control Board (State Board) for the Catch Basin Insert Project (Project) on December 19, 2016. The grant award is $600,000 with a combined estimated local match of $412,163. A total of 818 of the catch basins are located in RPV, and the City is responsible for $246,473 of the combined local match. The Cities of PVE and RHE are responsible for the remaining $165,690. This project helps the City meet some of its NPDES requirements. Over $300,000 of this grant fund will assist the City to meet this requirement. Contracts Amount United Storm Contract $744,943 10% Contingency $74,495 PSOMAS Contract $226,680 Blais & Associates Contract $52,650 Total Contracts $1,098,768 FY 18-19 Budget Amount Account # Local Match - RPV, RHE, PVE $412,200 330-400-8709-8004 & 8807 Prop 84 $600,000 332-400-8709-8807 Total Budget $1,012,200 (Previously Approved) Additional Appropriation $48,418 330-400-8709-8807 Additional Appropriation $38,150 330-400-8709-8807 The project involves installing over 1,300 connector pipe screen (CPS) units in existing catch basins draining into Santa Monica Bay to implement the requirements for the 2012 Municipal Separate Storm Sewer System (MS4) Permit. The terms of the agreement (i.e., hourly rate, mileage reimbursement) are the same as the previous agreement. The agreement would be extended an additional 25 months, up to the scheduled close-out of the grant. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not enter into an Agreement with B&A, thereby terminating their services for this project effective March 13, 2019. 2 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and Blais & Associates, Inc., a Texas corporation (“Consultant”) is effective as of the 19th day of March, 2019. RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated March 13, 2018 (“Agreement”) whereby Contractor agreed to provide Grant Management Services. B. City and Contractor now desire to amend the Agreement to extend Grant Management Support Until the end of the close out of the grant. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. 1.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fourteen Thousand Five Hundred Dollars ($14,500) Fifty-Two Thousand Six Hundred Fifty Dollars ($52,650) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 1.2 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). A-1 01203.0001/308425.2 -2- EXHIBIT “A” SCOPE OF SERVICES Grant Management Quote Date Prepared Rev. 1: February 26, 2019 (original February 11, 2019) Performance Period for B&A Grant Management Services Years 2 and 3 plus grant closeout activities: March 13, 2019 through April 12, 2021 (25 months) Performance Period for Grant 48 months (4 years) (42 months from 10/01/17 to 03/31/21 plus 6 months for close-out process) Eligible Start Date: October 1, 2017 Work Completion Date: February 28, 2021 Final Disbursement Request Date: March 31, 2021 Records Retention Term End Date: February 28, 2057 Activity Hours Total Cost File Maintenance, Tracking Table, and Organization. Includes continued maintenance of all forms, contracts, files and other documentation to withstand a federal, state, and/or Single Audit, and maintaining the Master Tracking Table for reporting and invoicing requirements. 45 $ $4,500.00 Quarterly Performance Reports. Collect backup materials, complete quarterly performance report, file report with funding agency. Eight (8) Quarterly Performance Reports at 8 hours each = 64 hours total. Reports are due 45 days following the end of the calendar quarter (March, June, September, and December). 64 $6,400.00 Quarterly Request for Reimbursement, and Final Request for Reimbursement. Collect supporting documents, complete request for reimbursement, file report. Four reimbursement requests per year x 10 hours each x 2 years = 80 hours total. One final reimbursement request x 8 hours = 8 hours. Time includes correspondence with the funding agency and ensuring payment is received and reconciled. 88 $ $8,800.00 Project Close-Out Reports (Draft Final Project Report; Final Project Report; and Final Project Summary). 1) Assist the client to prepare and submit to the Grant Manager, for review and comment, a Draft Final Project Report in a format provided by the Water Board. 2) Assist the client to prepare and submit the Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the Draft Final Project Report and submit one (1) reproducible master copy and an electronic copy of the final. Assist client in uploading the Final Project Report to the FAAST system. 3) Assist the client in preparing a brief Final Project Summary of the information contained in the Final Project Report using a format provided by the Grant Manager, and include accomplishments, recommendations, and lessons learned, as appropriate. Assist client in uploading an electronic copy of the Final Project Summary in pdf format to the FAAST system. 60 $ $6,000.00 Agency Monthly Grant Calls, All-Hands Call, and General Coordination. Participate in monthly Agency grant call with Client. Coordinate and lead a bi -monthly project management meeting with project manager, financial personnel, and other contractors involved with project execution to review Tracking Table and ensure grant compliance. 1) Estimate one hour for each monthly Agency Grant call. 24 calls x 1 hr/e = 24 hours. 2) Estimate one hour for each bi-monthly all-hands call plus additional allowance for preparation and follow -up items. 12 calls x 1 hour each = 12 hours for calls plus an additional 12 hours for follo w-up and preparation for each call = 24 hours total. 3) Interim calls and correspondence with Client and funding agency to address unexpected issues including budget amendments and time extensions, etc. for 16 hours total. 24 hours + 24 hours + 16 hours = 64 hours total. 64 $ $6,400.00 Audit Binder. Prepare a hard copy audit binder for the client that contains all materials related to grant management to withstand a federal, state or single audit. Contents of audit binder will also be provided to the client in electronic format (flash drive) 20 $ $2,000.00 Contingency. Allowance for requests from Client for assistance with other grant management activities not specifically included above. 35 3 , 5 0 0 $3,500.00 SUBTOTAL 376 $ $37,600 Total Labor Cost for Grant Management Services $37,600.00 $ $37,600.00 Direct Costs (charged at cost, no mark-up) Open Voice Direct Conference Call Charges, Year 1 $250.00 $ 250.00 Postage, reproduction costs, and materials for audit binder $300.00 $ 300.00 SUBTOTAL Direct Costs Per Application $ $550.00 $ 550..00 Year 1 Total $14,500.00 Years 2 and 3 Total $38,150.00 Grand Total $52,650.00 A-2 01203.0001/308425.2 -3- EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: RATE TIME SUB-BUDGET A. Agency/City Grant Kick-off Meeting, File Set-Up, Tracking Table, and Organization $100.00 20 Hours 65 Hours $2,000.00 $6,500.00 B. Quarterly Performance Reports, Annual Progress Report $100.00 32 Hours 96 Hours $3,200.00 $9,600.00 C. Quarterly Request for Reimbursement, and Final Request for Reimbursement $100.00 30 Hours 118 Hours $3,000.00 $11,800.00 D. Agency Monthly Grant Calls, All-Hands Call, and General Coordination $100.00 62 Hours 122 Hours $6,200.00 $12,200.00 E. Project Close-Out Reports (Draft Final Project Report; Final Project Report; and Final Project Summary). $100.00 64 Hours $6,400.00 F. Audit Binder $100.00 20 Hours $2,000.00 G. Contingency $100.00 35 Hours $3,500.00 Direct Costs $100.00 $650.00 TOTAL $100.00 144 Hours 520 Hours $14,500.00 $52,650 A-3 01203.0001/308425.2 -4- A. 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-4 01203.0001/308425.2 -5- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ , Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ City Attorney CONTRACTOR: BLAIS & ASSOCIATES, INC. a Texas corporation By: ________________________________ Neil C. Blais President & CEO By: ________________________________ Destin Blais Founder Address: Blais and Associates, Inc. 4017 Moonlight Dr. Little Elm, TX 75068 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. A-5 01203.0001/308425.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-6 01203.0001/308425.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-7 Quote Prepared by: Destin Blais (949) 589-6338 dblais@blaisassoc.com 7545 Irvine Center Drive Suite 200 Irvine, CA 92618 www.blaisassoc.com Client Name Client Contact Additional Client Contact Grant Agency Name and Grant Program / Account Name Project Name or Activities Date Prepared Grant Award Local Match Other Funds Cost for Grant Mgmt. Services as Percent of Grant Award 6.36% Cost for Grant Mgmt. Services as Percent of Total Project Cost Performance Period for B&A Grant Management Services Performance Period of Grant Hourly Rate Grant Agreement Number(s)D1712201 Audit Binder. Prepare a hard copy audit binder for the client that contains all materials related to grant management to withstand a federal, state or single audit. Contents of audit binder will also be provided to the client in electronic format (flash drive).20 $2,000.00 Postage, reproduction costs, and materials for audit binder Please see "Notes and Assumptions" below. Grand Total SUBTOTAL Direct Costs Per Application 250.00$ 550.00$ 250.00$ 550.00$ $6,400.00 $8,800.00 $6,000.00 $6,400.00 $3,500.00 64 88 60 64 35 $600,000 $100 per hour 48 months (4 years) (42 months from 10/01/17 to 03/31/21 plus 6 months for close-out process) Eligible Start Date: October 1, 2017 Work Completion Date: February 28, 2021 Final Disbursement Request Date: March 31, 2021 Records Retention Term End Date: February 28, 2057 File Maintenance, Tracking Table, and Organization. Includes continued maintenance of all forms, contracts, files and other documentation to withstand a federal, state, and/or Single Audit, and maintaining the Master Tracking Table for reporting and invoicing requirements. Years 2 and 3 plus grant closeout activities: March 13, 2019 through April 12, 2021 (25 months) $443,371 Not Applicable 3.66% Hours 45 Total Cost $4,500.00 Grant Management Quote Grant Management Services for Santa Monica Bay Restoration Commission Prop 84 Grant Program (Catch Basin Inserts for RPV, PHE, RHE) Rev. 1: February 26, 2019 (original February 11, 2019) City of Rancho Palos Verdes, CA Charles Eder, Senior Engineer Elias Sassoon, Director of Public Works Santa Monica Bay Catch Basin Insert Project Quarterly Performance Reports. Collect backup materials, complete quarterly performance report, file report with funding agency. Eight (8) Quarterly Performance Reports at 8 hours each = 64 hours total. Reports are due 45 days following the end of the calendar quarter (March, June, September, and December). Activity SUBTOTAL Direct Costs (charged at cost, no mark-up) Open Voice Direct Conference Call Charges Contingency. Allowance for requests from Client for assistance with other grant management activities not specifically included above. Project Close-Out Reports (Draft Final Project Report; Final Project Report; and Final Project Summary). 1) Assist the client to prepare and submit to the Grant Manager, for review and comment, a Draft Final Project Report in a format provided by the Water Board. 2) Assist the client to prepare and submit the Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the Draft Final Project Report and submit one (1) reproducible master copy and an electronic copy of the final. Assist client in uploading the Final Project Report to the FAAST system. 3) Assist the client in preparing a brief Final Project Summary of the information contained in the Final Project Report using a format provided by the Grant Manager, and include accomplishments, recommendations, and lessons learned, as appropriate. Assist client in uploading an electronic copy of the Final Project Summary in pdf format to the FAAST system. Total Labor Cost for Grant Management Services Work performed by B&A that is outside of the scope of this estimate will be billed at $100 per hour. Quarterly Request for Reimbursement, and Final Request for Reimbursement. Collect supporting documents, complete request for reimbursement, file report. Four reimbursement requests per year x 10 hours each x 2 years = 80 hours total. One final reimbursement request x 8 hours = 8 hours. Time includes correspondence with the funding agency and ensuring payment is received and reconciled. Agency Monthly Grant Calls, All-Hands Call, and General Coordination. Participate in monthly Agency grant call with Client. Coordinate and lead a bi-monthly project management meeting with project manager, financial personnel, and other contractors involved with project execution to review Tracking Table and ensure grant compliance. 1) Estimate one hour for each monthly Agency Grant call. 24 calls x 1 hr/e = 24 hours. 2) Estimate one hour for each bi-monthly all-hands call plus additional allowance for preparation and follow-up items. 12 calls x 1 hour each = 12 hours for calls plus an additional 12 hours for follow-up and preparation for each call = 24 hours total. 3) Interim calls and correspondence with Client and funding agency to address unexpected issues including budget amendments and time extensions, etc. for 16 hours total. 24 hours + 24 hours + 16 hours = 64 hours total. $38,150.00 $38,150.00 300.00$ 300.00$ 376 $37,600.00 $37,600.00 $37,600.00 RPV: Prop 84 Grant Management 1 of 2B-1 Quote Prepared by: Destin Blais (949) 589-6338 dblais@blaisassoc.com 7545 Irvine Center Drive Suite 200 Irvine, CA 92618 www.blaisassoc.com Signature of Authorized Agent Approving Costs and Authorizing Notice to Proceed Date Printed Name of Authorized Agent 1) This quote is for 25 months of B&A grant management services (Years 2 and 3 plus closeout activities: March 13, 2019 through April 12, 2021) to continue assisting Client with maintaining files, organization, grant compliance, and project management as it relates to schedule and budget. 3) B&A kindly requests a Notice to Proceed no later than March 13, 2019 to continue providing grant management services. If NTP is not received by March 13, 2019 grant management assistance will terminate. Please note that this quote is an estimate for services based on current conditions and understandings. Many factors often change during the management of a grant contract that may or may not increase the amount of labor and materials necessary to perform the services successfully. If during the course of work, B&A believes the work is taking longer than originally estimated, B&A will immediately notify the contract point of contact and either mutually agree to a change order or discuss alternatives. Additionally, B&A only charges for actual work performed. The total cost to perform the tasks may be less than quoted herein. 2) Project management is the responsibility of the Client. B&A will help ensure compliance with grant/awarding agency rules and regulations but completion of the Prop 84-funded project is the responsibility of the Client. Notes and Assumptions RPV: Prop 84 Grant Management 2 of 2B-2