HomeMy WebLinkAboutC-5941 - PSA for Grant Application Preparation ServicesAMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH BLAIS & ASSOCIATES, INC. FOR
GRANT APPLICATION PREPARATION SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment') is made and entered into as of this gth day of November, 2015
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BLAIS & ASSOCIATES, INC., a
Texas corporation ("Consultant'), whose address is 4017 Moonlight Drive, Little Elm, TX
75068, and is made with reference to the following:
RECITALS
A. On September 3, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement') for grant application preparation services for Orange
County Transportation Authority (OCTA) grant opportunities ("Project').
B. On April 28, 2015, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, to extend the term of the Agreement and to increase
the total compensation.
C. The Parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). Exhibit A to the Agreement, Exhibit A to Amendment No. One and Exhibit A
to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One
and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Twenty Five
Thousand Nine Hundred Ninety Dollars and 001100 ($25,990.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Five Thousand Dollars and 001100 ($5,000.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Blais & Associates, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y' OFFICE
Date:
By:
w�
Aaron C. Harp �y
City Attorney
Date: EST: /1-A `F"
In
'411- ibm'
Leilani . Brown
City Clerl000unot
ti
iQ
�r)
c� �P
c� Foy%
CITY OF NEWPORT BEACH,
a California muni `ipal corporation
Date: t I _e,-1.�
By: ` I . aa
David A. Webb
Public Works Director
CONSULTANT: Blais & Associates, Inc., a
Texas corporation
Date:
Signed in Counterpart
By:
Neil Blais
Chief Executive Officer and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Blais & Associates, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:__.
By:-
Aaron
y:_Aaron C. Harp
City Attorney
ATTEST:
Date:
Al
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By
David A. Webb
Public Works Director
CONSULTANT: Blais & Associates, Inc., a
Texas corporation
Date;_ el 3
By:
Neil Blais
Chief Executive Officer and Secretary
[END OF SIGNATURES]
Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Blais & Associates, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Grant Research & Analysis
Consultant shall provide grant research and analysis, which will include the following
City projects:
• An analysis of two projects for OCTA grants
o Widening at Coast Hwy/Old Newport Blvd
o Superior Bridge
• Research on grant programs for sea-wall repairs/replacement/stabilization
o Balboa Island Seawalls
Blais & Associates, Inc. Page A-1
Door. Prepared by:
Wrcl Terrell
(405) 969-3078.
dterrell0b aicassoacom
Blais &Associates
professional grant management
Grant Development Quote
754S Irvine Center Dr..
Wine Business Cony Ste. 200
Irvine, CA 92618
wyaw.blehassuccnm
Client Name
City of Newport Beach, California
ClIlnt Contact a/
Mark Vukoleelc, Deputy Public Warks Dint -'/City Engineer
Client Contactp2
Patrick Arcinlega, P.E.
Grant Pro ram/Proposal
OCTA M2 Comprehensive Transportation Funding Program(CTFP)- still onal Capacity Program IRCP)
Proposal Due
10/23/15
Peaks Name Iif lu%wn) d a .+1-.1 F,IV 4"':ia tli � ufnsdi `Coos
Dare Napated
,,,,__s,s
III hw,. al Old Hevipua Boulevard ROWAcqulsRlon) i .x$'i G,£'�;. g.Peri sal$rndc"- R.>Uf riAGR 'w '+c,3 iTlk;» xv%=
9/18/15
GiagIsair,eoWP6kinidIt. 7re, w«�;I�°r +W wirrW*S'. SgFo V .TV k I+Ro waw :rx,` , „l..',°.v„ .�8. � �_ , Mi."..""i�'
Gr5�R0'FvlleWflenlCoiC r '� 4 i6VM ISSA4G4%WBXW�'r x'`a"Y ra/0'.'e+' ," `6a
Pei[tdOsveluP:Gran[°as %'o"f RevenCe'Potentiai;l;",up, i2,6011110,1§111—F "x'fl
quote liumber
0"15-003
Activity
I 1st Application
2nd APpileether
3r
ApPllcaUon
Toul telt
Preparatory work Including reviewing guidelines and application..[enols; developing a Checklist & Timeline;
hearing kickoff conference call with Drum; standing to lo8awmp action Items from kkkolrca0; Preparing
internal efsk role.
3
$
300.00
Compile Materials and Data Collected or Developed by the Gy -
5
S
SOD.00
ROW Acc sidticn/Dlspocal Plan (required for all ROW projects)
$
Application Form Data (AOT, Pmlect Acridness, LOS current and projected, Match Pledge, etc)
S
Project Cost Estimate Farm for ALL PHASES
S
Geotechnical Reports, Project Placa, and Maps
$
CEQA Compliance Form
$
Draft the RewluNon and Staff Report O ed Rc.e a it due by May 2016)
IS
S
]50.00
Draft[erten of Support
4
5
4W.00
UeveloP Project Des"ilonon Desch
1
5
SW.00
Internal quality control reviews, strategy calls with chenL provide 8016 draft and 1W% Final documents to then[
lar review and leedback, collate final application materials, reprographic time, submit electronically through
OCFundt.&c,, submit three hard topic, by mall W OCTA, develop Classification Folder for client's permanent
recordkeeplrq,etc.
32
$
.
1,20000
SUBTOTAL
285 D 0
1 $
2,m.w
Tomfto6or Cpft PerApplkpdon
$ 2,890.00 5 $
$
ZRSO.00
DVM Costs (charged at rust, no .alk -up)
ChssificaUon Fulden
$ 21.00
S
21.00
Heproductign and Supplier (three hard copes required In addition to the ekctronlc upload)
$ 3W.00
5
500.00
&press Deliyery Mail or Courier Services, if needed
Is 75:W
S
25.00
SUBTOTAL OIrect Cess Per Application
I $ 33600 $ $
$
59600
Gland Tpbl S 3,246.00 S $
$
3.4¢6.00
Work performed by B&A that is outside of the scope of this estimate will be billed at $100 per hour.
Please see'notas and assumptions'
NMef and Assumptions
1) The application is comprised of mostly engineering reports and data, and the development or collection of these data will be the responsibilirygf the Cry (or their engineering
consultant). 8&A can assist with compiling completed materials and filling out forms using the InlarmatianJdata provided by the City p.e., B&A is not an engineering orm).
21 50%local match is required (minimum) with additional Paints allotted for over -matching.
1) Project eligibility is limited to those with LOS of '0' or greater. Current ADT data are required and muss be actual ADT counts from the last three years, or projected data taken in the
precadng 12 months.
4) This estimate is based on the asm.pu n that the Oto Is underuking an Intersection Capacity Enhancement (ICE) proles and requesting Nadi, for HOW acquisition. Different protect
Wes or requests for different project phases will have different requirements.
5) B&A does not have access to the Guys OCFundtracker account, and therefore does not have access to she actual application lorm. The estimate of the form's rcgwrements is based
on inlormation contained in the Guidelines, and title estimate may need to be revised ar modified once the form h accessible.
6) B&A kindly requests a Notice us Proceed no later than Friday, September 2& 2015.
Please note that this quote is an estim ate for services based on Current conditiom and understandings. Many factors often change during the develop. eel of a grant
application 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, BEA 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.
A-2
Q,rote Prepared W: SAaisV Associates 7345 Wine Carter Dr.
Oat4l serreii
professional giant management IrWne &�slnesc Ctrs, ate. 2M(4651969-30]8 p r '+ - 6 Irvine, CA 93618
17.231115
Date
PArC904 PsfZGiN ITEC,
Printed Name
A-3
EXHIBIT B
SCHEDULE OF BILLING RATES
Grant Research & Analysis
• 5-7 hours (total) of billable time for research @$100.00/per hour.
Total Cost: $5,000.00 (Not -to -Exceed)
Blais & Associates, Inc. Page B-1
J
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
U WITH BLAIS & ASSOCIATES, INC. FOR
GRANT APPLICATION PREPARATION SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Agreement') is made and entered into as of this 28th day of April, 2015 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and BLAIS & ASSOCIATES, INC., a Texas
corporation ("Consultant'), whose address is 4017 Moonlight Drive, Little Elm, TX,
75068 and is made with reference to the following:
RECITALS
A. On September 3, 2014, City and Consultant entered into a Professional Services
Agreement ("Agreement') for grant application preparation services for Orange
County Transportation Authority (OCTA) grant opportunities ("Project').
B. City desires to enter into this Amendment No. One to reflect additional Services
not included in the Agreement, as amended, to extend the term of the Agreement
to June 30, 2016 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment One shall collectively
be known as "Exhibit A." The City may elect to delete certain Services within the Scope
of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work'). Exhibit B to the Agreement, Exhibit B to Amendment No. One
shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not-to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Twenty
Thousand Nine Hundred Ninety Dollars and 001100 ($20,990.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Ten Thousand Eight Hundred Ninety Three Dollars and 00/100 ($10,893.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Blais & Associates Page—2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: � II
By:
on C. Harp
City Attorney
Date:
51 iq- K
By:
h��—
Leilan'l I. Browd
City Clerk I 0-o",C%(l..
Attachments:
L--1 I- FO�i
CITY OF NEWPORT BEACH,
a California mpcipaj corporation
Date: l
By:
David A. Webb
Public Works Director
CONSULTANT: Blais & Associates, a
Texas corporation
Date: -//4 , / ,
By:
eil I s
President & Chief Executive Officer
[END OF SIGNATURES]
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Blais & Associates Page 3
EXHIBIT A
SCOPE OF SERVICES
Orange County Transportation Authority (OCTA) Grant Application
Preparation Services
• Preparatory work including reviewing guidelines and application materials;
developing a Checklist & Timeline; hosting a kick-off conference call with Client;
attending to follow-up action items from kick-off call; preparing internal e -file
system.
• Complete Section 1: Project Application and General Information.
• Complete Section 2: Project Information.
• Complete Section 3: Screening Criteria (demonstrated need and consistency
with the Regional Transportation Plan).
• Complete Section 4: Narrative Questions (includes research for accident data,
benefit cost analysis); will use narrative from Cycle 1 to extent possible.
• Section 5: Client to provide Detailed Engineer's Estimate. B&A to review, revise
formatting if needed.
• Section 6: Project Programming Information General Information and Funding
Tabs (TIMELINE).
• Section 7: Assistance in Preparing Signature Pages for All School District
Officials Stating that Schools Benefitting from Project are not on a School
Closure List.
• Assist with public outreach efforts (includes attending two community events and
being on-site to assist with effort, taking notes, photographs, helping answer
community questions, etc.).
• Develop required attachments: Location Map, photos, Preliminary Plans if none
exist, digital copy or online link to approved plans, technical studies and
environmental reports, Caltrans Letter (State Highway System projects), Letters
of Support, and required communication to California Conservation Corps.
• Internal quality control reviews, strategy calls with client, providing 80% draft and
100% final documents to client for review and feedback, collating final application
materials, reprographic time, mailing to State, MPO, and RTPA, developing
Classification Folder for client's permanent record keeping, etc.
Blais & Associates Page A-1
Blais & Associates Page B-1
Grant Development Quote
7545 Irvine Center Dr.
Irvine Business Ctr., Ste. 200
Irvine, CA 92618
www.bIdsas.c.com
Client Name
Blais &Associates
Quote Prepared by:
Mark Vukojeviq Deputy Public Works Director/City Engineer
Destin Blois
professional grant management
(469)5]9-5905
Active Transportation Program, Cycle 2
dblais@blaisassoc.com
Tentative June 1, 2015 (to be confirmed when sollcitatlon is officially released)
Grant Development Quote
7545 Irvine Center Dr.
Irvine Business Ctr., Ste. 200
Irvine, CA 92618
www.bIdsas.c.com
Client Name
City of Newport Beach, California
Client Contact g1
Mark Vukojeviq Deputy Public Works Director/City Engineer
Client Contact p2
Grant Program / Proposal
Active Transportation Program, Cycle 2
Proposal Due
Tentative June 1, 2015 (to be confirmed when sollcitatlon is officially released)
Project Name (if known) ".
Superior Bridge at PCH, Superior Avenue, and Balboa Boulevard
Date Prepared
March 26, 2015
Grant/Revenue Potential'
1': To be determined
Grant Development Cost
$10,893.00
C.to Develop Grant as% of Revenue Potential
To be determined
Hourly Rate
-: $100 per hour
Quote Number
03-015-0265
Activity
1st Application
2nd Application
r
Appliwdon
Total Cost
Preparatory work including reviewing guidelines and application materials; developing a Checklist & Timeline;
hosting a kick-off conference call with Client; attending to follow-up action items from kick-off call; preparing
internale-file system
5
$ 500.00
Complete Section l: Project Application and General Information
2
$ 200.00
Complete Section 2: Project Information
2
$ 200.00
Complete Section 3: Screening Criteria (demonstrated need and consistency with the Regional Transportation
Plan)
4
$ 400.00
Complete Section 4: Narrative Questions (includes research for accident data, benefit cost analysis); will use
narrative from Cycle 1 to extent possible
25
$ 2,500.00
Section 5: Client to provide Detailed Engineer's Estimate. BRA to review, revise formatting if needed.
0.5
$ 50.00
Section 6: Project Programming Information General Information and Funding Tabs (TIMELIN Q
1
$ 100.00
Section 7: Assistance in Preparing Signature Pages for All School District Officials Stating that Schools
Benefitting from Project are not on a School Closure fist
0.5
$ 50.00
Assist with public outreach efforts (includes attending two community events and being onsite to assist with
effort, to king notes,photographs, helping a nswer community questions, etc.)
30
$ 3,000.00
Develop required attachments: Location Map, photos, Preliminary Plans if none exist, digital copy or online
link to approved plans, technical studies and environmental. reports, Caltrans Letter (State Highway System
projects), Letters of Support, and required communication to Calfiornia Conservation Corps.
19
$ 1,900.00
Internal quality control reviews, strategy calls with client, providing 80% draft and 100%fnal documents [o
client for review and feedback, collating final application materials, reprographi7
c Time, mailing to State, MpO,
and RTPA, developing Classification Folder for client's permanent record keeping, etc.
14
$ 1,400.00
SUBTOTAL
103
0
0
$ 10,300.00
Total Labor Cost Per Application $ 10,300.00 $ - $ - $ 10,300.00
Direct Costs (charged at cast, no mark-up)
Classification Folders $ 18.00
Reproduction and Supplies (five hard copies required) $ 500.00 $ 500.00
Express Delivery Mail or Courier Services, if needed (none anticipated) $ ]5.00 $ 75.00
SUBTOTAL Direct Costs Per Application 1 $ 593,001$ 1 $ $ 593.00
Grand Total $ 10,893.00 $ $ $ 10,893.00
Work performed by B&A that is outside of the scope of this estimate will be billed at $10 per hour.
Please see"notes and assumptions."
Notes and Assumptions
I) Client will provide a day -today project manager/point of contact who will be available and accessible during the duration of this assignment and up through the application due
date of June 1, 2015.
2) Local match is not required, but the provision of local matching funds may help garner up to five points in the scoring.
3) Types of eligible projects include 1) Infrastructure including planning, design, and construction, 2) Non -infrastructure such as education, encouragement, and enforcement
activities, and 3) Infrastructure with non -infrastructure components.
4) Minimum grant request u $250,000 for infrastructure (excluding Safe Routes to Schools and Recreational Trails projects).
5) This estimate does not include non infrastructure elements. If client desires to include non -infrastructure components within the application, a revised estimate will need to be
generated.
6) Assumes client will facilitate required public outreach (stakeholder and/or public meetings and/or social media outreach) for maximum scoring of 15 points.
7) This quote is based upon Draft guidelines and application contents from the California Transportation Commission. This estimate is subject to change if new content is required in
the final guidelines which are scheduled for release on March 26, 2011
8) There is a possibility that the City will be awarded federal funds and therefore NEPA will apply along with the normal Caltrans authorization process, relocation assistance for ROW
acquisitions, David Bacon wage rates, Disadvantaged Business Enterprises/Equal Employment Opportunity provisions, etc.
Quote Prepared Blais &Associates
P Y� 7545 Irvine Center Dr.
Destro Biais professional grant management Irvine Business C[c, Ste. 200
(469) 579-5905 Irvine, CA 92618
dblais@blaisassoc.com www.blaisassoc.com
9) B&A kindly requests a Notice to Proceed as quickly as possible (but no later than April 1) to allow B&A staff sufficient time to develop strong, competitive proposals.
Please note that this quote is an estimate for services based on current conditions and understandings. Many factors often change during the development of a grant
application 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.
Signature Approving Costs and Authorizing Notice to Proceed Date
Printed Name
2 oft
1
J
PROFESSIONAL SERVICES AGREEMENT
WITH BLAIS & ASSOCIATES, INC. FOR
GRANT APPLICATION PREPARATION SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 3rd day of September, 2014 ("Effective Date'), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and BLAIS & ASSOCIATES, INC., a Texas corporation ("Consultant'), whose
address is 4017 Moonlight Drive, Little Elm, TX 75068, and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide grant application preparation
services for Orange County Transportation Authority (OCTA) grant opportunities
("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Ten
Thousand Ninety Seven Dollars and 00/100 ($10,097.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
Blais & Associates, Inc. Page 2
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Destin Blais to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards' shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
Blais & Associates, Inc. Page 3
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
Blais & Associates, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
Blais & Associates, Inc. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
Blais & Associates, Inc. Page 6
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
Blais & Associates, Inc. Page 7
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Mark Vukojevic
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Destin Blais
Blais & Associates, Inc.
4017 Moonlight Drive
Little Elm, TX 75068
Blais & Associates, Inc. Page 8
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
Blais & Associates, Inc. Page 9
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Blais & Associates, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQ,U'S OFFICE
Date: 6
By:
Aaron C. Harp
City Attorney w\)'A
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
k PORN"i
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 'y- J4 -0%
By:
David A. Webb
Public Works Director
CONSULTANT: Blais & Associates, Inc., a
Texas corporation
Date:
By:
eil Blai
President & Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Blais & Associates, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Orange County Transportation Authority (OCTA) Grant Application Preparation
Services
• Preliminary Analysis Work (prepare checklist/timeline, preliminary conference call
interviews, etc.)
• Complete Application Form (includes General Project Information, Proposed Schedule,
Scope of Proposed Project, Funding Justification, Project Component Costs, Local
Funding Share Detail, Sources of Match, Maintenance, Weighted Criteria Statements,
Circulating for Signature the Certification and Assurances, Cooperative Agreement
Concurrence, Checklist and Evaluation Criteria.)
• Develop Cover Letter (per checklist) and circulate for signature; develop Table of
Contents.
Develop Project Site Map and Photo Pages.
• Obtain from Client or design engineer Design and/or concept drawing.
• Work with Client (or client's design and engineering consultant) to obtain detailed cost
estimates and review costs for eligibility and format to grant application specifications.
Template will be provided to Client with information needed.
• Obtain proof/documentation of arterial pavement condition indices from respective PMP.
Assist Client in drafting required City Council Resolution and supporting staff report.
Client will circulate documents through approval process and City Council agenda
process. (Resolution may be submitted anytime up through December 31, 2014 but
B&A strongly recommends submitting it with the application if possible.)
• Time allowance for conference calls with staff to obtain documents, clarify points, obtain
information, review edits, and check on status of activities.
• Internal B&A Strategy Meetings, Proofreading and Quality Control.
• Incorporate Edits from Client and Formatting Attachments.
• Coordinate Submission of proposal and create Classification Folders for the Client's
permanent record-keeping file.
Blais & Associates, Inc. Page B-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Blais & Associates, Inc. Page B-3
Quote Prepared by:
Desgn Blais
(469) 5795905
dblak@blalsassoc.com
Blais &Associates
professional grant management
Grant Development Quote
7545 Irvine Center Dr.
Irvine Business Ch., Ste. 200
Irvine, CA 92618
www.blaisassoc.com
Activity
1st Appliatlor,
2nd Application
rd
App0atlon
I Total Cost
Preliminary Analysis Work (prepare checklist/timeline, preliminary conference call Interviews, etc.)
5
2
$ 70000
Complete Application Form (includes General Project Information, Proposed Schedule, Scope of Proposed
Project, Funding Justification, Project Component Costs, Local Funding Share Detail, Sources of Match,
Maintenance, Weighted Criteria Statements, Circulating for Signature the Certification and Assurances,
Cooperative Agreement Concurrence, Checklist and Evaluation Criteria)
20
10
$ 3,000.00
Develop Cover Letter (per checklist) and circulate for signature; develop Table of Contents
2.5
1
$ 350.00
Develop Project Site Map and Photo Pages
6
5
$ 1,100.00
Obtain from Client or design engineer Design and/or concept drawing
1.5
0.5
$ 200.00
Work with Client (or client's design and engineering consultant) to obmin detailed cost estimates and review
costs for eligibility and format to grant application specifications. Template will be provided to Client with
Information needed.
4
2
$ 600.00
Obtain proof/documentation of arterial pavement condition indices from respective PMP
2
0.5
$ 250.00
Asst Client in drafting required iry Council Resoludion and supporting staff report. Client will circulate
documents through approval process and City Council agenda process. (Resolution may be submitted anytime
up through December 31, 2014 but B&A strongly recommends submitting it with the application if possible)
3.5
1
$ 45000
Time allowance for conference calls with staff to obtain documents, clarify points, obtain information, review
edits, and check on status of activities
5.5
3
$ 850.00
Internal B&A Strategy MeetIngs, Proofreading and Quality Control
5
3
$ 800.00
Incorporate Edits from Client and Formatting Attachments
3
3
$ 600.00
Coordinate Submission of proposal and create Classification Folders for the Client's permanent record-keeping
file
6
3
$ 900.00
SUBTOTAL
64
34
0
$ 9,8OFW
Total Labor Cost Per Application $ 6,400.00 $ 3,400.00 $ $ 9,800.00
Direct Costs (charged at cast, no mark-up)
Classification Folders $ 12.00 1$ $
$ 12.00
Reproduction (three unbound copies are required to be submitted to OCTA by due date; reproduction also
includes three classification folders) $ 225.001$ 1 $
$ 225.00
Eapress Delivery Ma it or Courier Services, if needed $ 60.00 15 1 $
$ 60.00
SUBTOTAL Direct Costs Per Application 1 $ 297.001$ 1 $
$ 29700
Grand Total $ 6,697.00 $ 3,400.00 $ $ 10,097.00
Work performed by B&A that Is outside of the scope of this estimate will be billed at $100 per hour.
Please see "notes and assumptions."
loft
Quote Prepared by:
Blais &Associates 7545 Irvine Center Dr.
Destin Blals professional grant management Irvine Business Ctr., Ste. 200
(469) 579-5905 Irvine, CA 92618
dblais@blaisassoc.com www.bbisassoc.com
Notes and Assumptions
1) Program funds pavement preservatlon/preventative maintenance for arterials with Pavement Condition Index (PCI) of 60,85. Treatments include slurry seals, microsurfacing crack
seals, and similar sealing non-structural treatments. Rehabilitation with PCI of 41-74. Treatments Include additional surfacing or other work necessary to return an existing roadway,
including shoulders, to adequate condition, including thin overlays, thick overlays, cold in-place recycling, hot In-place recycling, etc. Reconstruction with PCI of 0d0. Treatments
include complete removal and replacement of existing pavement structure using either new or recycled materials.
21 Funds can be used for construction, construction engineering bike lanes (striping and signage only and must be on an adopted plan), bus turnouts (resurfacing only and must be
ORA route), Portland concrete cement for bus pads, repair or replacement In kind of parking lanes, curbs, gutters, driveway approaches, catch basins, minor profile revisions (curb to
curb) as required, use of alternative materials such as rubberized asphalt and PCC is allowed, construct or modify curb ramps within limits of project to satisfy ADA standards.
3) Funds cannot be used for la ndsceping, new parking lanes, new curb and gutter, utility adjustments that do not have prior rights, materials report or other planning activity,
environmental documentation, retroactive design engineering expenditures Incurred prior W E-76 approval. Sidewalks are eligible if mandated for ADA improvement/upgrade but
only up to 10% of total improvement cost and must be within limit of project and located in public ROW.
4)Chem must obtain CEgA and N EPA approvals prior to January l of the FY funds are programmed. E-76 authorization to proceed must be submitted to Caltrans District 12 and
copied to OCTA by February 1st of the FY funds are programmed. Grant awards are expected January 12, 2015
5) See attached score card. ORA is rewarding more points for projects that have high ADT I> 40,000 gets max pts), higher overmatch, on a bike route, higher PCI, design 30%
complete, road rehab and pavement maintenance receive more points over road reconstruction, use of recycled materials, and on a bus or truck route. Cost effectiveness is 30
points based on total project cast divided by ADT.
6) Performance Period is three years. Each APM grant must beat least $250,000 and maximum of $500,000. Project requiring more than $500,000on be segmented into smaller
phases and submitted as separate applications. Local match is 1:1 (OCTA M2 RFP cannot be used as local match but MZ local fair share can be used as local match). There is $20
million available in APIA funding for FY 2015-16.
7) B&A kindly requests a written Notice W Proceed by Friday, August 29, 2014.
Please nate that this quote is an estimate for services based on current conditions and understandings. Many factors often change during the development of a grant
application that mayor 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 maybe less than quoted herein.
Signature Approving Costs and Authorizing Notice to Proceed Date
Printed Name
2 oft
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Blais & Associates, Inc. Page C-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Blais & Associates, Inc. Page C-2
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Blais & Associates, Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/27/14 Dept./Contact Received From: Raymund
Date Completed: 8/27/14 Sent to: Raymund By: Chris
Company/Person required to have certificate: Blais and Associates
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/14-3/1/15
A.
INSURANCE COMPANY: Sentinel insurance Company LTD
B.
AM BEST RATING (A-: VII or greater): A:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in Califomia?
N Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
N Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/14-3/1/15
A.
INSURANCE COMPANY: Sentinel insurance Company LTD
B.
AM BEST RATING (A-: VII or greater) A:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
N N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A N Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVEIEXPIRATION DATE: 10/1/13-10/1/14
A.
INSURANCE COMPANY: Hartford Insurance Company of MidW
B.
AM BEST RATING (A-: VII or greater): A:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® NIA ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
a
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
8/27/14
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exceptionlwaiver:
Approved:
Risk Management
* Subject to the terms of the contract.