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HomeMy WebLinkAboutItem 27 - Agreements for Grant Writing Services Public Works Agency www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 21, 2021 TOPIC: Agreements for Grant Writing Services AGENDA TITLE Authorize a Budget Reallocation of $125,000 and Approve an Agreement with Mark Thomas for Grant Writing Services in an Amount Not to Exceed $250,000 for a Three- Year Term (Project No. 22-6899) (Non-General Fund) RECOMMENDED ACTION 1. Authorize the reallocation of $125,000 in unspent Measure M2 Local Fairshare funds, $61,230 from Project Development FY 19/20 (Project No. 20-6899), $13,594 from Project Development FY 20/21 (Project No. 21-6899), and $50,176 from the Right Of Way Management Project (Project No. 22-6900) to Project Development FY 21/22 (Project No. 22-6899) to complete the funding needed for the grant writing services agreement. 2. Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide grant writing services for the Santa Ana Grade Separation project in the amount of $186,648, with a contingency of $63,314, for a total amount of $250,000, for a three-year term beginning December 21, 2021, and expiring December 20, 2024, with an option for two, one-year extensions, subject non- substantive changes approved by the City Manager and City Attorney DISCUSSION On September 27, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-111, by which it sought the services of a professional engineering firm to provide grant writing services for the Public Works Agency. The consulting firm will lead efforts to develop a funding plan and successfully apply for appropriate grants for the Santa Ana Boulevard Grade Separation project at the Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor crossing (Exhibit 1). The RFP was advertised on the City’s online procurement management and publication system, with Proposals due on October 26, 2021. Four proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Agreement with Mark Thomas for Grant Writing Services December 21, 2021 Page 2 2 3 4 1 Firm City Rank Mark Thomas Irvine 1 Blais & Associates LLC Irvine 2 Engineering Solutions Services, LLC Laguna Hills 3 Staff recommends awarding an agreement (Exhibit 2) to Mark Thomas to provide grant writing services based upon the scope of work and selection criteria outlined in RFP 21- 111. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standards, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the current Fiscal Year 2021-22. The reallocation of $125,000 in unspent Measure M2 Local Fairshare funds will make them available to fully fund the total costs of the agreement. The following table summarizes the funds budgeted to fund the grant writing services of $250,000 per the agreement. Since the scope of work is contingent on the schedule of future grant applications prepared and submitted, any remaining balances not expended at the end of the agreement term will be carried forward for expenditure into FY 2024-25 and FY 2025-26 in the event the optional extension periods are exercised. Fiscal Year Accounting Unit - Account No.Fund Description Accounting Unit - Account No. Description Amount Current Project Budget 2021-2022 03217662-66220 (Proj. 22-6899) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $125,000 Project Budget Reallocation 2021-2022 03217662-66220 (From Proj. 20-6899 To Proj. 22-6899) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $61,230 Agreement with Mark Thomas for Grant Writing Services December 21, 2021 Page 3 2 3 4 1 EXHIBIT(S) 1. Location Map 2. Agreement with Mark Thomas Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager 2021-2022 03217662-66220 (From Proj 21-6899 To Proj. 22-6899) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $13,594 2021-22 03217662-66220 (From Proj 22-6900 To Proj. 22-6899) Measure M Street Construction Measure M2 Local Fairshare, Improvements Other Than Building $50,176 TOTAL:$250,000 © 2012-2017 Digital Map Products. All rights reserved.1 130 feet EXHIBIT 2 AGREEMENT TO PROVIDE GRANT WRITING SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 21st day of December, 2021 by and between Mark Thomas & Company, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). City and Consultant may be collectively referred to as the “Parties” or individually as a “Party.” RECITALS A.On September 27, 2021 the city issued Request for Proposal No. 21-111, by which it sought a consultant having special skill and knowledge in the field of grant writing services for the Santa Ana Boulevard grade separation. B. C. Consultant represents that Consultant is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 21-111, which is attached as Exhibit A, and as more specifically delineated in Consultant’s revised scope, which is attached as Exhibit B and incorporated in full. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed the amount of two hundred fifty thousand dollars and zero cents ($250,000) during the term of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 Non-Fed Funding (6.1.2020) 3.TERM This Agreement shall commence on the date first written above and terminate on December 20, 2024, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) 1-year periods upon a writing executed by the City Manager and City Attorney. 4.PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Page 2 of 8 Non-Fed Funding (6.1.2020) 7.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a.Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. c. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. e. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv.Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 8 Non-Fed Funding (6.1.2020) v.Consultant shall supply City with a fully executed additional insured endorsement. f.If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10.RECORDS Consultant shall keep records and invoices in connection with the work 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 Page 4 of 8 Non-Fed Funding (6.1.2020) charged to the 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 the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11.CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12.CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms Page 5 of 8 Non-Fed Funding (6.1.2020) of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein. 15.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. b. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or Page 6 of 8 Non-Fed Funding (6.1.2020) arise out of, in connection with or by reason of this Agreement. 19.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 Page 7 of 8 Non-Fed Funding (6.1.2020) To Consultant: Darin Johnson, PE Mark Thomas 2121 Alton Parkway, Suite 210 Irvine, CA 92606 A Party may change its address by giving notice in writing to the other Party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA Daisy Gomez Clerk of the Council Kristine Ridge City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONSULTANT: By: Brandon Salvatierra Deputy City Attorney Darin Johnson Principal Engineer RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Page 8 of 8 Non-Fed Funding (6.1.2020) EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRANT WRITING SERVICES FOR SANTA ANA BOULEVARD GRADE SEPARATION RFP NO. 21-111 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to lead efforts to develop a funding plan and successfully apply for appropriate grants for the Santa Ana Boulevard Grade Separation project at the LOSSAN Corridor crossing (referred to from hereon as “PROJECT”). The proposed grade separation is adjacent to the Santa Ana Regional Transportation Center (SARTC). The selected consultant will be required to perform the following major tasks: x PROJECT Management & Administration: o Meetings o Monthly reports o Other areas support x Grant Funding and Stakeholder Partnerships o Funding needs analysis o Grant funding research ƒ Develop grant proposals and secure funding for various PROJECT phases: x Update environmental documents and preliminary engineering x Perform final design x Right-of-way Acquisition and Relocation x Construction technical support ƒ Cost benefit analysis o Lead efforts to obtain support and financial contributions from PROJECT stakeholders and impacted railroad companies. PROJECT BACKGROUND The proposed grade separation at Santa Ana Boulevard is in conjunction with the City’s Santa Ana Regional Transportation Center (SARTC) Master Plan located at 1100 East Santa Ana Boulevard, which entails new station areas, additional parking and improved City of Santa Ana RFP 21-111 Page A1-1 pedestrian and bicycle access to accommodate the expansion of Metrolink services, OC Streetcar Project and the addition of the Bus Rapid Transit (BRT). Santa Ana Boulevard is a six-lane east-west principal arterial and currently carries in excess of 20,000 vehicles per day. Within the City, OCTA Metrolink RR is a north-south two- track railroad. At SARTC, this railroad serves Metrolink, Amtrak, Union Pacific (UP) and Burlington Northern Santa Fe (BNSF), which connects freight and residents of central Orange County with the outlying areas of nearby regions, including Los Angeles, Inland Empire, San Diego and beyond. Due to increasing demand for inter and intra-county rail services resulting from growth in population and employment in the surrounding areas, the City proposes the grade separation to alleviate the current and potential traffic impacts and hazards posed by the existing at-grade rail crossing at Santa Ana Boulevard and OCTA Metrolink RR. Based on approved environmental documents and PSRE, the proposed PROJECT will depress Santa Ana Boulevard under the railroad tracks to provide uninterrupted flow of roadway and rail traffic, which will improve freight movement, corridor crossing safety, and air quality. In 2014, preparation of a Project Report and Environmental Analysis (Attachment 4) were completed. These efforts were based on the existing conditions at the time; however, with the implementation of the OC Streetcar and recent development activities, along with changes in regulatory requirements, additional analysis will be required to accommodate these changes. CONSULTANT SERVICES The City is seeking to contract with a qualified individual or firm that specializes in grant writing and grant administration. The selected individual or firm shall be expected to expeditiously perform the necessary services required under this Request for Proposal and must have the capacity to handle multiple grant applications concurrently. A funding plan will be required with detailed information about the programs, purpose, agencies, timeline, requirements, restrictions, match fund strategies and any pertinent information. Part 1 – Overall Project Management and Administration The Consultant shall provide the City support during the life of the grant funded PROJECT at all phases such as environmental, design, right-of-way, construction, and PROJECT completion, as it relates to the grant funding. x Meetings – Meetings shall occur as needed or as determined by the City and shall be held at the City of Santa Ana or by Teleconference. The Consultant shall prepare and send out the agenda and any necessary communication documents a minimum of five (5) business days in advance, prepare and distribute meeting minutes, new action/decision items and disposition of previous action/decision items and other communication documents within five (5) business days after the meeting to all City of Santa Ana RFP 21-111 Page A1-2 attendees and invitees. The Consultant shall identify any additional meetings, including agency coordination and technical workshop meetings, as deemed necessary. x Monthly Reports – Monthly reports shall be submitted to the City summarizing the amount of time expended and describe activities undertaken during the previous month. x Other Areas Support – In additional to the areas abovementioned other areas may also be identified throughout the duration of this contract. Part 2 – Grant Funding and Stakeholder Partnerships Based on OCTA’S Nomination application for Section 190 Grade Separation Priority List (attachment x), the estimated cost for the PROJECT is just over $100 million. The City’s goal is for the financing of the PROJECT to be mainly comprised of grant funding available from programs at various levels. Potential funding sources include but are not limited to the following: x Section 190 and Railroad Cost Share x Local Partnership Program (LPP) x Transit and Intercity Rail Capital Program (TIRCP) x Affordable Housing and Sustainable Communities (AHSC) x Solutions for Congested Corridors Program (SCCP) x Trade Corridor Enhancement Program (TCEP) x Better Utilizing Investments to Leverage Development (BUILD) x Consolidated Rail Infrastructure and Safety Improvements Program (CRISI) x Infrastructure for Rebuilding America (INFRA) x Active Transportation Program (ATP) x Active Transportation Program SB-1 Augmentation (ATP SB-1) x Affordable Housing and Sustainable Communities (AHSC) x Congestion Management and Air Quality (CMAQ) x Road Maintenance and Rehabilitation Account (RMRA SB-1) The Consultant is responsible to research, coordinate and identify the available funding sources. A detailed funding plan will be required with detailed information about the programs, purpose, agencies, timeline, requirements, match fund strategies and any pertinent information and the following, but not limited to: x Funding Needs Analysis/Funding Plan – Consultant shall analyze existing project documents to assess the funding needs of the PROJECT. Work with City staff to assess the validity of the current funding opportunities, and identify new priority areas for funding. City of Santa Ana RFP 21-111 Page A1-3 x Grant Funding Research – Conduct research to identify grant resources including, but not limited to Federal, State, County, agencies, and organizations available at all levels, that target elements of the PROJECT’S scope, funding needs, and priorities (emphasizing grants which require no “matching” funds), including but not limited to: o Grant Proposal Development – Compile, write, and edit grant applications and required documents on behalf of the City, including the preparation of funding abstracts and production, and submittal of applications to funding sources, keep in contact with funding sources during review and after approval, and provide supporting material to all requests from funding sources. o Cost Benefit Analysis – A detailed cost-benefit analysis shall be prepared as a submittal requirement for the grant programs as requested by the City. x Stakeholder Partnerships – Strong partnerships between the City and key project stakeholders will tremendously strengthen grant applications. The consultant shall lead efforts to foster partnerships between stakeholders including but not limited to: o Orange County Transportation Authority (OCTA) o County of Orange o Caltrans o Railroad Agencies that use this corridor and will benefit from the improvements. o Private Developers Successful proposers will demonstrate a history of fostering relationships that lead to successfully obtaining grant funding. x Key Deliverables o Funding Needs Analysis/ Funding Plan o Various Grant Application Submittals (Up to 4) o Cost Benefit Analysis o Stakeholder Coordination Efforts CONSULTANT FEE: Fee shall be prepared in accordance with tasks outlined in the introduction for up to four (4) grants. Optional cost for additional grants should be included as well. City of Santa Ana RFP 21-111 Page A1-4 EXHIBIT B REVISED SCOPE OF SERVICES AND SCHEDULE Mark Thomas has developed the following scope of services based upon the City’s RFP and our experience preparing grant applications. We have structured our scope of work differently than the RFP. We have separated grant application development and benefit cost analyses (BCAs) from Part 2 into Part 3. We have also included a list of optional tasks, Part 4, we believe to be beneficial to securing state and federal funding. SCOPE OF SERVICES PART 1 – OVERALL PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Project Management The Mark Thomas Project Manager (PM), Ryan Bissegger, will communicate directly with the City, and manage the internal project team for project delivery. The project status will be reviewed regularly to ensure key milestones are satisfied. This task will also include internal coordination efforts. 1.2 Meetings Mark Thomas has included a kick-off meeting, PM status meetings, and funding plan workshop. All meetings will be held at City offices or via videoconference. We will prepare and send out the agenda and necessary information five (5) business days in advance of the meeting. We will prepare and distribute meeting minutes, action items, and other communication documents within five (5) days after the meeting to all attendees and invitees. x Kick-off Meeting: Mark Thomas will organize and facilitate a kickoff meeting with City staff to discuss the project goals, background, milestones, and anticipated grant pursuits. The kickoff meeting provides an opportunity for Mark Thomas staff to listen to the needs of the City and to visualize key deliverables and determine how to best serve the agency. Kickoff meeting notes will be recorded and delivered promptly after the meeting. PM Status Meetings: During the first five months of the project, we propose monthly PM status meetings via a Mark Thomas provided videoconference link (likely using Microsoft Teams software utilized by Mark Thomas). This approach ensures regular and consistent communication on priority tasks and focus on key deliverables to satisfy City needs. Participation in the PM status meetings is anticipated to include the City’s designated PM and the Mark Thomas PM. We have budgeted five PM status meetings during the first six months where key project decisions will be made, and the funding plan identified. x 1.3 Monthly Reports Mark Thomas will prepare invoicing and monthly reports to be submitted to the City. The monthly report will summarize the time expended and describe activities undertaken during the previous month. We assume the duration of this project is approximately 36 months. 1.4 Other Areas of Support (Management Contingency) We recognize additional tasks may become apparent as needed and seek to provide flexibility in the Task 2 assignments and budget. For example, presentations to executive or elected officials may be needed to advance the project and secure direction for action items. Mark Thomas will provide other areas of support not mentioned above that may be identified throughout the duration of the contract with a dedicated budget not to exceed $2,000. DELIVERABLES x x x Meeting Agendas Meeting Minutes Monthly Reports and Invoices GRANT WRITING SERVICES - SAGS City of Santa Ana MARK THOMAS Scope of Works PART 2 – GRANT FUNDING AND STAKEHOLDER PARTNERSHIPS 2.1 Funding Needs Analysis/Funding Plan Mark Thomas will analyze the existing SAGS project documents to assess the project funding needs and opportunities. A funding plan will be developed to include information about potential programs and purpose. The plan will include a grant funding resource table as described in Task 2.2 and the funding plan workshop described in Task 2.3. We will also develop matching fund strategies. We will work with City staff to assess the validity of the current funding opportunities and identify new priority areas for funding. We will also prepare a project fact sheet for SAGS. The fact sheet will include: x Project Information: Project name, location, brief scope, schedule, funding needs, project outputs, and project benefits/outcomes. Location Map: Map showing project limits and typical roadway cross section graphic. Funding Programs: List of applicable funding programs such as local funds, Senate Bill 1 programs, and federal discretionary grants. Community Benefit: Identification of the benefit to the community based on key project features. Public Input: Brief description of public input received for the project. x x x x 2.2 Grant Funding Research Mark Thomas will conduct research to identify grant resources available with federal, state, regional agencies, and organizations. We will review funding programs for other grade separation projects, including those delivered by Alameda Corridor East Construction Authority. The funding research will target elements of the SAGS project scope, funding needs, and priorities. This evaluation and analysis will be documented in a grant funding resource table that will include funding program, eligible SAGS components, dates of next funding opportunity, match requirements, and estimated success probability. The research will be summarized in the Funding Needs Analysis/Funding Plan. 2.3 Funding Plan Workshop Mark Thomas will organize and facilitate a funding plan workshop to review the Funding Needs Analysis/Funding Plan draft. We will work with the City to identify meeting attendees from project stakeholders, as necessary. In addition to reviewing the draft funding plan, we will discuss the merits of the grant programs, any additional funding opportunities not considered, grants applications to pursue, and additional action items. The results from this workshop will be documented in a memorandum. 2.4 Stakeholder Partnerships Mark Thomas will work with the City to identify a list of potential stakeholder partners that can assist in strengthening the project’s grant funding efforts. We will coordinate with these stakeholders to gauge their interest in supporting the City grade separation project and provide the agencies/companies with the project fact sheet and supplemental and supporting information, as appropriate. Potential partners may include OCTA, SCAG, Metrolink, CPUC, as well as organizations focused on goods movement, transit, and transportation safety. We will keep a contact log of stakeholders, contact names and information, dates contacted, and information requested or shared. DELIVERABLES x x x Funding Needs Analysis/Funding Plan Funding Plan Workshop Memo Stakeholder Partnership Contact Log PART 3 – FUNDING APPLICATIONS Grant funding applications can vary widely based upon the various program requirements. In general, all applications will include the preparation of grant narratives, maps and exhibits, and letters of support. Funding applications complexity can vary based on the number of questions, length of narratives, graphics needs, benefit cost analyses (BCAs), modeling, etc. Our proposed approach is to scope the preparation of up to four (4) grant funding applications. This includes the preparation of the required BCA models and performance measures. We have made assumptions of the grant applications to be prepared. The exact four (4) applications to be prepared will be determined in Part 2 in coordination with City staff. GRANT WRITING SERVICES - SAGS City of Santa Ana MARK THOMAS Scope of Works 3.1 Grant Application 1 Grant Application 1 is assumed to be a Trade Corridor Enhancement Program (TCEP) application. Mark Thomas will prepare the grant application adhering to the California Transportation Commission (CTC) established guidelines. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. Fehr & Peers will use the Orange County Transportation Analysis Model (OCTAM) to develop the performance measures needed for the BCA and the TCEP- specific performance measures. Fehr & Peers will estimate the performance metrics and analysis for opening year and 20-year horizon, with and without project. Mark Thomas will prepare a Cal-B/C modeling using the Corridor module and applicable performance measures, crash history, and project costs. A memorandum will be prepared documenting the inputs and results. 3.2 Grant Application 2 Grant Application 2 is assumed to be a Consolidated Rail Infrastructure and Safety Improvement (CRISI) federal discretionary program application. Mark Thomas will prepare the grant application adhering to the US Department of Transportation (USDOT) established Notice of Funding Opportunity (NOFO). We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. EPS will prepare a BCA following the 2021 USDOT Benefit-Cost Analysis Guidance for Discretionary Grant Programs. EPS will use the performance measures developed by Fehr & Peers in Task 3.1 as inputs in the BCA. The firm will also prepare a BCA memorandum documenting the inputs and results. 3.3 Grant Application 3 Grant Application 3 is assumed to be an Active Transportation Program (ATP) grant. Mark Thomas will prepare the grant application adhering to the CTC guidelines. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. 3.4 Grant Application 4 Grant Application 4 is assumed to be a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) federal discretionary program application. Mark Thomas will prepare the grant application adhering to the USDOT established NOFO. We will develop narrative responses and graphics and coordinate with stakeholders to secure letters of support. EPS will update the previously prepared BCA following the 2021 USDOT Benefit-Cost Analysis Guidance for Discretionary Grant Programs and memorandum developed in Task 3.2. DELIVERABLES x x Up to four (4) Grant Funding Applications Benefit Cost Analyses PART 4 - OPTIONAL TASKS We have identified the following optional tasks that may be included in the contract. These tasks will support the grant funding efforts by enhancing the data in grant applications and improving stakeholder engagement. 4.1 Job Creation Analysis EPS will prepare an economic job creation analysis for the project. The economic analysis will use IMPLAN to determine the direct and indirect jobs anticipated from project construction spending. EPS will develop an economic output memorandum of their findings. 4.2 Fly-Through Video and Static Images Mark Thomas will develop a fly-through video for the SAGS project for the purposes of visualizing and communicating the project benefits to the public, and/or to City Council, as-needed. We will develop up to three (3) three-dimensional (3D) images or renderings as well from the fly-through video using Twinmotion software. The video fly-through and graphics will be used support stakeholder engagement and funding efforts. 4.3 Funding Policy Support Memos Mark Thomas will prepare up to four (4) memorandums for the project to support state and federal funding efforts. These memorandums will address recent policy including transportation equity, environmental sustainability, environmental justice, and barriers to opportunity. The funding policy GRANT WRITING SERVICES - SAGS City of Santa Ana MARK THOMAS Scope of Works memorandums will be used to inform grant application efforts and can be used as appendices to the grant applications. 4.4 Value Engineering Mark Thomas will provide value engineering (VE) the project. The VE study will involve conducting a thorough review of the project, including the Project Study Report Equivalent (PSRE) and preliminary design and brainstorming and evaluating possible improvement opportunities. We will utilize in-house staff to provide a “fresh set of eyes” to review plans and search for opportunities to reduce overall project costs and right of way (ROW) needs while meeting the goals of the project and without impacting the environmental clearance. 4.5 Updated Cost Estimate It is critical to ensure the project costs are accurate and current while pursuing funding. Mark Thomas will review the project cost estimate and evaluate the unit costs in comparison to recent project bid data as well as ROW cost estimates. PROJECT SCHEDULE Mark Thomas has developed a project schedule that will position the City to pursue funding opportunities as early as Spring 2022. This requires aggressively completing the funding plan and identifying grants to pursue in the near-term. We have assumed a Notice to Proceed (NTP) date of December 22, 2021 following the December 21, 2021 City Council Meeting. We will begin immediately reviewing the design and identifying funding opportunities. A Kick-Off meeting will be scheduled for the first week in January 2022. The draft of the Funding Needs Analysis/Funding Plan will be delivered by February 11, 2022. The funding workshop will be scheduled for the week of February 21, 2022. Following the workshop, the Funding Needs Analysis/Funding Plan will be revised and delivered by April 1, 2022. Separate task orders can be initiated for the development of specific grant applications and BCAs in March 2022 following the selection of the grant opportunities at the funding workshop. Stakeholder coordination efforts will begin by January 17, 2022. The bulk of this effort will be on going through May 27, 2022. If the City desires to execute any of the optional tasks, specific delivery schedules can be prepared as needed. It will be critical that all optional tasks performed be completed prior to the submission of the first grant application. The schedule chart below depicts the first six months of the project, which are the most critical to establishing the funding approach. GRANT WRITING SERVICES - SAGS City of Santa Ana MARK THOMAS Scope of Works EXHIBIT C COST PROPOSAL FOR PROJECT SCOPE: Santa Ana-Grant Writing Services (SAGS) Subconsultants TOTAL COSTTotal Hours Total MT Cost $368 $270 $270 $173 $147 $130 $165 $154 $187 $165 $143 OVERALL PROJECT MANAGEMENT & ADMINISTRATION Project Management Meetings 1.0 1.1 1.2 1.3 8 20 20 8 16 24 106 $3,392 $6,430 $18,974 - - - - - - $3,392 $6,430 $18,974 2 2 Monthly Reports 30 56 Other Areas of Support (Management Contingency)1.4 6 2 8 $1,914 --$1,914 Subtotal Phase 1 2 54 0 0 4 0 30 64 0 0 0 154 $30,710 $0 $0 $30,710 GRANT FUNDING & STAKEHOLDER PARTNERSHIPS2.0 2.1 2.2 2.3 2.4 Funding Needs Analysis/Funding Plan Grant Funding Research Funding Plan Workshop Stakeholder Partnerships Subtotal Phase 2 20 10 4 40 10 4 60 20 8 $11,280 $4,170 $1,668 - - - - - - $11,280 $4,170 $1,668 16 16 30 64 6 60 52 140 $14,870 $31,988 - $0 - $0 $14,870 $31,98800000000 3.0 FUNDING APPLICATIONS 3.1 Grant Proposal Development 0 149 85 130 86 $0 $25,863 $15,135 $20,205 $14,618 --$0 $30,863 $38,135 $20,205 $16,618 $105,821 3.1.1 Grant Application 1 30 20 15 20 85 104 55 40 19 218 15 10 15 9 5,000 3.1.2 Grant Application 2 3.1.3 Grant Application 3 3.1.4 Grant Application 4 Subtotal Phase 3 23,000 - 2,000 - - - 60 38 9800 0 0 0 0 0 0 0 49 0 0 450 $75,821 $25,000 $5,000 TOTAL HOURS 18 203 282 98 30 64 49 744 Anticipated Salary Increases (4% per year) OTHER DIRECT COSTS TOTAL COST $18,129 $0 $0 $0 $0 $0 $18,129 $0 $6,624 $54,810 $0 $0 $41,454 $12,740 $4,950 $9,856 $0 $8,085 $0 $156,648 $25,000 $5,000 $186,648 4.0 4.1 4.2 4.3 4.4 4.5 OPTIONAL TASKS Job Creation Analysis 0 104 86 81 42 $0 $16,694 $11,978 $20,042 $9,600 5,000 $5,000 $16,694 $11,978 $20,042 $9,600 Fly-Through Video & Static Images Funding Policy Support Memos Value Engineering Updated Cost Estimate Subtotal Optional Tasks 2 4 20 12 20 50 - - - - - - - - $0 14 68 15 6 21 32 12 44 34 24 786 6 14 14 68 68 0 0 0 0 12 12 20 20 50 50 313 $58,314 $5,000 $63,314 TOTAL HOURS - OPTIONAL OTHER DIRECT COSTS - OPTIONAL TOTAL COST - OPTIONAL 21 44 78 313 $0 $0 $0 $0 $0 $7,728 $1,620 $11,880 $13,494 $2,058 $8,840 $0 $0 $2,244 $3,300 $7,150 $58,314 $5,000 $63,314 11/12/2021