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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.