Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on August 9, 2022, between the City of Hercules, a California municipality (“City”), and Gray Bowen Scott (GBS), a Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on August 9, 2022 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement .
Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed Four Hundred Seventy Four Thousand Seven Hundred Fifty Three Dollars ($474,753), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement.
Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Agreement No. 22-040
City Council Resolution No. _________
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practic es and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Gray Bowen Scott (GBS)
111 Civic Drive 1211 Newell Ave, Suite 200
Hercules, CA 94547 Walnut Creek, CA 94596
(510) 799-8200 (925) 937-0980
Attn: City Clerk Attn: Leo Scott
[email protected]
Copy to: Mike Roberts Terry Bowen: [email protected] [email protected] Matthew Todd: [email protected]
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insur ance coverage required by this S ection in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Emp loyer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices under this Agreement , in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this S ection is a condition precedent to either Party commencing litigation in relation to the dispute.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason a nd the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that p ayment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.
13.3.2 Compliance with the California Equal Pay Act . Consultant shall comply w ith regulations adopted by the City of Hercules to allow for verification of Consultant compliance with DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any s uch conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver o f any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the P arty delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321
RITC Project Funding
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Lauren Berges, City Clerk
Date: ___________________________
CONSULTANT: Gray Bowen Scott (GBS)
Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 PresidentLeo Scott
7/29/2022
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321 Scope of Services
Attachment A
SCOPE OF SERVICES
<Attached detailed description of the required Services in the following pages>
This page was intentionally left blank
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
July 27, 2022
Mr. Dante Hall, City Manager
City of Hercules
111 Civic Drive
Hercules, CA 94547
Dear Mr. Hall:
We appreciate the opportunity to continue assisting the City of Hercules with the Regional Intermodal Transit Center (RITC) Project. At your request, Gray-Bowen-Scott is pleased to furnish you with a proposed scope and budget for the remainder of the 2022 calendar year. Based on our discussions with you regarding the City’s current needs, we have included proposed scope and budget for project management services in addition to the continuation of our work to help the City secure needed project funding.
Objectives for the next 5 months
Based upon the work and accomplishments to date, our proposed scope and budget (attached) are structured to accomplish the following:
• Achieve tangible consensus with and between MTC and CCTA elected officials and executive staff on a conceptual funding plan,
• As your Deputy Project Manager and staff, determine a strategy and process to reconcile technical issues that affect the scope and cost of the RITC, compile a complete comprehensive cost estimate to substantiate the funding need, and establish the Project’s delivery schedule; and • Continue positioning the project for grant funding and prepare grant applications as opportunities arise.
Tasks to achieve objectives
To build upon the progress thus far and achieve the se three objectives, we propose the following three tasks and corresponding deliverables.
Task Title Deliverables by Dec. 31, 2022 Request
Amount
Upon
Authorization
of City
Manager
Task 1: Position the Project for
Competitiveness
• Commitment from MTC on
inclusion of Project into one or
more funding programs
• Documentation of funding
strategy
$145,750
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
Task 2: Project Management and
Controls
• All-in cost estimate
• Risk register
• Funding plan showing target
grants and the Project delivery
schedule
• Contracting and Staffing Plan for
delivery of the entire project
$244,760
Task 3: Grants – Monitor
Opportunities, Complete
Applications and Assist
with Approvals
[OPTIONAL]*
• Completed applications (if
determined appropriate within
the Funding Strategy and
necessary before the end of
2022
$84,243
Totals $390,510 $84,243
Contract Authorized Not to Exceed Amendment $474,753
*Were a target grant identified through the work of Task s 1 and 2 that had a call for projects prior to the end of 2022, the City Manager would be authorized by City Council to initiate the work of Task 3 based upon an estimate of cost from the Consultant.
The contract would compensate the consultant and all subconsultants on a time and materials basis, so if the cost to perform the work is not as high as the estimated amount, the cost to the City would be less than shown. In addition, there are one-time start-up activities needed to launch the Project Management and Controls scope. These start-up activities involve strategy and planning from more experienced staff.
Once the full Project status is known and the management processes established, it is anticipated that the monthly on-going cost to manage the Project from January 2023 onward will be less than the average monthly of charges during this 5-month window.
Achievements to date
Since 2012, Gray-Bowen-Scott has been assisting the City of Hercules to secure funding for the RITC in Hercules. Much progress has been made. At least $46M in Federal, State, Regional and Local funds have been invested to date in the RITC. The Project has attained NEPA and CEQA approvals. The Path to Transit as well as Bay Trail East and West phases have been constructed. Plans, specifications, and estimates for the remaining phases are approximately 65% complete. Capitol Corridor Joint Powers Authority recognizes Hercules as a Candidate Station. Th e Project now needs an estimated $ 70M to fully fund the construction of the station , which includes complet ion of the design, relocation of utilities , and construction of a third track and station platforms.
During the first half of 2022, Gray-Bowen-Scott and Zell & Associates have accomplished the following:
• Grant Opportunities:
o Reviewed and evaluated funding options and the feasibility of various sources for funding RITC improvements.
o Prepared a funding request in response to Senator Padilla’s call for projects . The City’s request for design funds was not selected for this very competitive source. • Orientations for new City Leadership:
o During 2021 and 2022, the City saw major changes in leadership. You joined the City during August 2021 and three new members of the Council took office in 2022. Our team DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
briefed you and City Council members on the evolution of the RITC including funding, development to date, our success with the Capitol Corridor JPA identifying Hercules for a train stop, the effectiveness of our earlier “Let’s Get I -80 Moving” campaign, and the funding opportunities and strategic thoughts for moving forward. City Council recently reaffirmed the RITC is still the City’s number one capital priority project. • Stakeholder Engagement on Funding Strategy: We worked with you and your staff on the development of a funding strategy to pursue funding from Federal, State, and Regional sources and options for a local match by engaging with key funding stakeholders. Our team structured, scheduled, and led site tours to provide an update of the project and discuss strategies for funding through Federal, State, and Regional (MTC) funding with key project stakeholders, including:
o Supervisor Jim Spering, MTC Commissioner and CCJPA member, and MTC Commissioner Amy Worth: Supervisor Spering subsequently brought Andy Fremier, MTC Deputy Executive Director for Operations to Hercules. Mr. Spering gave Mr. Fremier a tour of the site and explained the regional significance of the City’s project to his staff. o Supervisor Federal Glover, MTC Commissioner Amy Worth, and CCTA executive management staff, Executive Director Tim Haile and Director of Programming Hisham Noemi,
o We are working on r escheduling a meeting and tour with WETA Chair Jim Wunderman and ferry advocate Bobby Winston to discuss opportunities for ferry service in Hercules.
Bobby was instrumental in the establishment of the Richmond Ferry and will be very helpful in assisting in securing WETA support for a Hercules Ferry. o We are also currently working on a meeting with Supervisor Glover and Commissioner Worth with key MTC leadership staff to identify sources of funding.
As a result of our outreach, the most senior Commissioners on MTC support funding the RITC.
Our team is also supporting Councilmember Kelly’s unique position as Chair of CCTA.
The Importance of Project Management
As we discussed, most transportation facility projects today exceed $10M in value, require three or more contracts, involve multiple stakeholders , and require consistent public engagement. In this context, the ability of a project sponsor (such as the City of Hercules) to successfully deliver their projects depends upon having experienced, dedicated leadership with the bandwidth to run the project. The Project Manager is the one individual typically in responsible charge and assigned to lead the project on behalf of the sponsor.
The RITC Project is a large- scale complex project with many “moving parts.” Due to funding and other factors, the RITC will involve six or more contracts over multiple phases and years. The project needs to secure $70M (maybe mo re) in grant funds to fully fund design and construction. In addition, successful delivery of this project requires building momentum and consensus with two critical stakeholders, CCJPA and UPRR, with potentially competing interests.
The Project Sponsor, the City of Hercules, has a small staff with many other municipal responsibilities on their plate. As such, it makes sense that the City designate a staff member to serve in responsible charge as the Project PM with needed support from a consultant that c an provide day -to-day leadership. We have found that the best way for a city, such as Hercules, to deliver a complex project like the RITC Project is to hire a consultant as the Project Sponsor’s Deputy PM working closely with the agency’s PM and DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
providing special expertise and support as needed. Since this Project has so many important elements all requiring concurrent, active management, we believe this solution is appropriate for Hercules. Agencies, such as CCTA, use this project management model.
At your request, Gray Bowen Scott has included the proposed scope and budget for GBS as the City’s Deputy PM. I would be the Gray -Bowen-Scott PM acting as your Deputy PM. For cost-effectiveness, I would be supported by other members of our staff. In addition, Terry Bowen, Eric Zell, and Matt Todd with their institutional knowledge and strategic federal, state, regional, and local relationships will continue to play an active role. Because pursuing grant funding so closely dovetails with reconciling issues with UPRR, CCJPA, and community and stakeholder relationships, our firm’s history on the Project has made us strategically positioned to help lead the Project. We have the experience, track record, and relationships needed to successfully move the RITC fo rward. Recently, I have delivered the $120M I-680 Express Lanes Project for CCTA as well as the $500M State Route 101 Express Lanes Project on the Peninsula; in both cases serving as the Deputy PM for the Project Sponsor. On each project, I earned the trust of the agency PM and executives to run their project, making decisions to address issues and move the project forward, representing them in project-specific meetings, keeping them informed on decisions and progress, involving them when necessary, and presenting to their boards.
The Proposed Team
We have assembled a team of experienced project leaders with deep local and regional relationships with transportation agencies and their policy officials and pa ired them with specialized expertise in rail.
Individuals listed below will assist as detailed below. I will serve as Gray-Bowen-Scott’s primary lead (Deputy PM) with the City’s PM. Individuals listed below will assist as follows:
• Leo Scott, Sheena Patel, Terry Bowen, Matt Todd, Norma Ortega and support staff of Gray-Bowen- Scott: Leo will serve as the Deputy Project Manager working with Sheena Patel to set up the Project Management and Controls processes. Once the plans for this are agreed upon, Sheena will lead the implementation. Terry will partner with Eric on strategic stakeholder outreach as well as be a resource on historical strategic and technical knowledge of this project. Matt will lead the preparation of the funding plan and grant applications. Norma Ortega, retired Caltrans CFO, has specialized knowledge in federal and state transportation funding. As with Project Management, once funding and grant development plans are agreed upon, GBS support staff will conduct the majority of the implementation.
• Eric Zell, Zell & Associates: Eric will continue to provide strategic guidance and assistance to bring intercity rail service to Hercules. He will lead strategic stakeholder outreach and coordination.
Eric adds Bobby Winston, Ferry advocate, to his team to assure effectiveness with WETA. • Bobby Winston, Bay Crossings (subconsultant to Zell & Associates): Bobby is the proprietor of Bay Crossings, an online publication that focuses on Bay Area maritime and ferry issues. For over 20 years ago, he’s been a strong advocate for ferries in the Bay Area, helping to expand ferry service in the Bay Area.
• John Whitehurst and Jill Nelson -Golub, BMWL Strategic Communications, Public Affairs, Advocacy: Under Eric and Terry’s direction, BMWL will prepare communication and advocacy material and help implement our communications plan.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
• Jon Marshall and Allene Rieger, JMA Civil: JMA Civil, founded by Jon Marshall , brings more than 40 combined years of experience in railroad facility design, consulting, and general civil engineering. Together they have completed hundreds of railroad projects, most with UPRR and BNSF Railway. They have worked closely with the CPUC and these other important rail agencies:
CCJPA, CAHSR, BART, Caltrain, Amtrak and VTA.
• Ryan Bissegger and technical staff, Mark Thomas and Company : We work with Ryan on other grant application efforts and he will function as a member of our team to deepen our bench and strengthen our Gray-Bowen-Scott grant application capabilities and capacity.
To be realistic, completing this Project will require project management leadership and associated costs over the course of years. Due to the current status of the project and the need to continue build ing momentum to secure needed funding, our initial level of effort is anticipated to be more intense than what would become a normal level of support beginning in 2023. The cost for the work proposed herein and the cost for project and grant management through completion of the project will be accounted for as a project cost for which funds will be secur ed. Based on the tasks identified to date, we request our budget be augmented by $390,510, that our contract be extended through December 2022, and that the City Manager be authorized to increase our contract by up to $84,243 in the event that work on Task 3 is needed before 2023.
Thank you for the opportunity to present this proposal. GBS is prepared to make a commitment of time and treat this project as a priority. If you have any questions or would like any additional inf ormation, please do not hesitate to call me.
Gray-Bowen-Scott appreciates the opportunity to continue assisting the City of Hercules in the effort to secure full funding to construct the Regional Intermodal Transit Center (RITC) to bring new intercity ra il and ferry service to Hercules.
Very truly yours,
Leo Scott
LSS/TKQB/ejm
Attachment: Scope of Work with BMWL separate scope
Key Staff Bios
Proposed Budget
cc: Matt Todd
Eric Zell
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
EXHIBIT A
CITY OF HERCULES
REGIONAL INTERMODAL TRANSIT CENTER (RITC) IN HERCULES
GRAY-BOWEN-SCOTT
SCOPE OF WORK
The Gray-Bowen-Scott Team (Consultant) shall provide the City the following services to support the delivery of the Hercules Regional Intermodal Transit Center (RITC) Project for the remainder of the 2022 calendar year (approximately 5 months). Services are defined in three tasks:
• Task 1 – Position the Project for Competitiveness
• Task 2 – Project Management & Controls
• Task 3 – Grants – Evaluate Opportunities, Complete Applications and Assist with Approvals [to be authorized by City Manager should the need arise before Dec. 31, 2022.]
Consultant, along with subconsultants, shall provide services of each task as directed by the City’s Project Manager. Consultant will manage and provide oversight of their sub-consultants work and work products.
Task 1 - Position the Project for Competitiveness
Finalize the strategy to secure full funding of the Project • Synthesize all of the strategic input gathered thus far into a complete funding strategy. • Identify a Project Champion to help garner the support of key elected and appointed officials. • Prescribe actions necessary to increase the likelihood of securing funds from each target. • Develop key asks of elected officials and granting agencies for the project, garner their help in identifying specific sources of grant funds and define a mechanism to document tangible consensus on a conceptual funding strategy:
o CCTA Board Members
o MTC Commissioners
o State representatives
o State officials
o Federal officials
o Congressman Thompson
o Congressman DeSaulnier
o Congressman Garamendi
• Identify team members to serve as liaisons with key stakeholders and granting agencies such as WETA, CTC, and MTC. These liaisons would attend meetings to help position the Project and identify additional funding opportunities as they emerge.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
• Arrange periodic meetings with executive management of funding agencies and the City to facilitate joint decisions on policy -level issues such as funding strategies and programming options.
Strategic Guidance and Stakeholder Coordination (with Zell & Associates) • The Consultant team will conduct ongoing coordination with key stakeholders to brief them on the findings and recommendations resulting from past and current planning, technical , and engineering studies to foster and secure support for grant funding. As appropriate, Consultant will strategize with stakeholders to pursue grant funding opportunities consistent with the Plan.
Stakeholders will include groups such as community, business, and advocacy organizations as well as agency partners such as CCTA, WestCat, and WETA.
• This sub task includes regular meetings with City management staff to continually refine and strategize our ongoing work program and coordinate the implementation of our Outreach Plan.
Eric Zell, Zell & Associates, will lead all government relations and public affairs strategies and stakeholder engagement for the team.
Strategic Communications Program – Phase 1(with BMWL)
• Update and communicate messaging about the benefits and features of the Project. Residential units which are part of the City’s Transit Oriented Development have been constructed and/or are under construction. This includes creation of a new messaging guide and an update of all communications materials with information about the latest developments in the Project vicinity expressed to resonate best with the target audience. Messaging will target key stakeholders such as the elected officials of MTC, WestCat, WETA, Capitol Corridor, CCTA, and local, state, and federal officials to increase awareness of the project and its potential benefits.
Details of BMWL’s scope are attached of which just Phase 1 would be conducted under this amendment.
Task 1 5-month Deliverables
• Commitment from MTC on inclusion of Project into one or more funding programs • Documentation of funding strategy
Task 2 - Project Management and Controls
This task is focused on starting up leadership of the project’s delivery and preparing for the maintenance of such leadership through close out of the Project. Consultant will serve as the City’s Deputy Project Manager providing direct management of the City’s design consultant contract scope, cost, and schedule. Consultant will serve as the City’s extension of staff for project delivery issues with the City’s partners, stakeholders, and consultants as required and will keep the City’s Project Manager apprised of, and involved in, project progress and issues on a regular basis. The specific subtask include:
Contract Management
• Manage the design consultant contracts including review and approval of invoices and processing amendments as needed.
• Develop strategies to structure the construction contract documents and associated environmental re-evaluation to allow for phased construction based on availability of funds.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
• Establish a Contracting and Staffing Plan that indicates who will perform all different portions of the Project scope, when it will be done and the anticipated associated cost. • Support the City in addressing and complying with requirements imposed by Caltrans Audits and Investigations.
Project Meetings and Communication
• Develop an organization chart to define communications protocols and reinforce consistent messaging within the project team and to key stakeholders. • Arrange and facilitate meetings as needed to address project issues. • Lead and/or attend various project-specific meetings, including meeting preparation. • Report regularly to City on progress, issues, and resource needs. • Provide as-needed project status reports and funding reports. • Serve as the liaison between the project team and the City. • Serve as the primary liaison between the City and key stakeholders. • Work with the City to ensure public questions and concerns are addressed.
Project Execution and Issue Resolution
• Compile a thorough understanding of the project status including history of previous decisions, and discussions with key stakeholders.
• Provide leadership to the Project Team, including project vision, delivery goals and team decision-making protocols.
• Develop strategies to guide various project issues to resolution. • Work with railroad subconsultant to establish communication with UPRR and to resolve issues as they arise.
Project Controls
• Develop a risk register to identify, manage, and communicate project risks and mitigation strategies; implement selected mitigation measures.
• Compile an all-in (complete) Project Cost Estimate including escalation and risk contingency. • Compile and monitor all project expenditures against approved funded project budget. • Implement a project change management process and documentation. • Develop and manage a detailed project schedule. Document assumptions with respect to project schedule.
• Develop and track detailed project cost estimates and forecasts.
Detailed Funding Plan
• Develop and initiate implementation of a funding plan based upon the funding strategy which includes a plan to secure the local match for federal grants. Remind CCTA and leverage that Hercules voluntarily “returned” $5m in STIP funds several years ago when CTC needed to deprogram projects due to lack of State funds.
• Compile project grant requirements such as procurement limitations, timely use of funds deadlines, and invoice reporting (provided by Task 3).
• Optimize the use of the fund sources and address match requirements of various grants. • Review the terms of funding agreements and assign eligible items of work to various funds programmed to this project.
• Facilitate or participate in meetings with City’s funding partners to achieve consensus on proposed approach.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
1211 Newell Avenue, Suite 200,, Walnut Creek, CA 94596 Phone 925-937-0980 Fax 925-947-3177 www.graybowenscott.com
• Manage efforts to secure grant funding.
Task 2 5-month Deliverables
• Contracting and Staffing Plan for delivery of the entire project • All-in cost estimate
• Risk register
• Cost monitoring report
• Funding plan showing target grants and the Project delivery schedule
Task 3 – Grants – Monitor Opportunities, Complete Applications and Assist with Approvals Under this task, Consultant will support Client in working with Caltrans, Federal agencies (primarily Federal Highway Administration and Federal Transit Administration), CCTA, East Bay Regional Parks District, MTC, and the CTC to fully fund the Project consistent with the funding strategy (Task 1).
Monitor opportunities
• Gather background information and documents.
• Clarify and confirm deadlines and requirements for each grant. • Define the scope of technical and other studies or reports needed to support efforts to secure funding and necessary approvals.
Complete and submit grant applications
• Complete applications with help from other resources as appropriate. • Facilitate agency review and decision-making process.
Secure approvals
• Secure permission to expend funds, including preparation of programming, allocation, and other requests (i.e. extension requests if required to Caltrans and / or CTC). • Secure reimbursement of funds.
• Assist with preparation of documents required by FHWA, FTA, Caltrans , and CCTA. Following submittal of the package(s), Consultant will coordinate with the appropriate agencies such as Caltrans (including Local Assistance or Division of Rail, and at District and HQ levels) and FHWA to make sure requests are properly fulfilled.
Task 3 5-month Deliverables
• To be defined by Consultant when the need arises and then authorized by the City Manager consistent with authority delegated by City Council
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
To: Terry Bowen, Gray Bowen Scott
Eric Zell, Zell & Associates
From: BMWL
Date: June 21, 2022
Subject: Communications Program for Hercules RITC
OVERVIEW
Outlined below is a proposed communications plan for the City of Hercules to increase awareness and build support around the Regional Intermodal Transportation Center (RITC) project. The goal of this media program, in addition to growing overall awareness and support, is to clearly communicate about the latest project news, inform people of its impact on the community, and drive action. We will target key stakeholders such as the MTC, WestCat, WETA, Capitol Corridor, CCTA and local, state, and federal elected officials to increase awareness of the project and its potential benefits. We will also conduct outreach to the general public to drive awareness and build potential ridership.
MEDIA PLAN
This plan consists of two phases and utilizes a mix of traditional and digital media to maximize impact and budget. We will target known and likely supporters, use available demographic data wherever possible, follow behavioral trends, and utilize influencer lists that include key stakeholders and other decision makers as well as their direct networks (family members, friends, coworkers, etc.) to ensure they are seeing our communications.
Phase 1
During this phase, we will create a new messaging guide and update all communications materials with information about the latest developments in the RITC project and messaged in a way that will resonate best with our target audience, with a particular focus on housing. This will be accessible via electronic and printed collateral – brochures, flyers, etc. – and a website or simple landing page that people can navigate to when they’d like to learn more. We will optimize the website to drive sign ups and engagement, making it easy for people to learn more and provide their information. We will build a list of key decision makers to target during phase two.
During this phase, we will also produce new imagery including photography and videography of the site.
Phase 2
After we’ve updated all materials, we will work with the client and consulting team to develop a media and outreach plan for Phase 2. During Phase 2, we will ramp up our efforts to build awareness and support for the project. The first portion of this phase could target key decision makers, and the second portion could expand to the general public.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Phase 2 outreach could include:
● Digital Advertising: Ads on Facebook, Instagram, Programmatic Display and Video (websites), OTT/CTV (streaming), and Google Search would ensure we are saturating opinion leaders, decision makers and their networks with our main messaging points wherever they are spending their time online.
● Direct Mail: We could send all key decision makers the brochure with key background information on the project and include the website as an opportunity for them to learn more. We could also send direct mail to a larger universe of potential riders, increasing awareness of the project and recruiting participation, including a tear-off reply card and directing readers to the website to take action.
● Text Survey: We could send a text message survey to the same larger universe of potential riders. This is a great way to talk one-on-one with people and is more likely to be seen than any other medium. We are able to increase awareness and easily direct them to our online petition.
BUDGET
Phase 1 Cost
Photography and Videography $2,500
Messaging Guide $0
Brochure Design $2,000
Fact Sheets $0
Website $5,000
Fee $7,500 per month
Phase 2
Direct Mail $50,000-$75,000
Digital Advertising $50,000-$75,000
Texting $5,000
Fee $7,500 per month
ABOUT BMWL
BMWL is a full-service advocacy, strategic communications and public affairs consultancy. Our disciplined research, message, organizing and government relations programs allow our clients to effectively tell their stories, influence decision-makers and win in the halls of government, at the ballot box and in the marketplace of ideas. We know how to tell a story well and effectively across multiple channels, including print, direct mail, websites and social media channels, your DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
website, and your partners’ websites and social media pages. With over 20 years of experience working in the Bay Area, and specifically on transportation projects and measures, we know your audience and your partners, and we know how to effectively leverage all your resources to help achieve your goals.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
GRAY-BOWEN-SCOTT STAFF BIOS
LEO SCOTT, Gray-Bowen-Scott
As President, Leo provides leadership to the company’s staff working in four disciplines: project and program management; grants applications and management; encroachment permits and Federal compliance; and transit management agency operations. He is developing and adding staff in each discipline, which in turn increases the ability of Gray-Bowen -Scott to provide solutions for current and new clients around the San Francisco Bay Area.
Concurrently, Leo leads several project teams consisting of clients, Caltrans, and other agency members to ensure the successful delivery of projects . He employs his 30 -year history of relationships with Caltrans personnel and broad knowledge of Caltrans policy and procedures, transportation funding, and the political climate to assist the client. His strong listening ability and consensus -building skills keep diverse groups working together toward the common goal of delivered projects.
SHEENA PATEL, Gray-Bowen-Scott
Sheena has over 15 years of transportation design and management experience on projects in all delivery phases, ranging from design alternative analysis and feasibility studies through final PS&E and construction support. She has led projects that include c omponents of pedestrian and bicycle facilities, state highways and local roads, freight rail, and commuter rail. While she is extremely knowledgeable of Caltrans’ methodology, she also enjoys the challenge of working on multi -modal projects with a variety of stakeholders with differing perspectives and priorities. Sheena holds a Master of Science degree in Civil Engineering/Transportation Engineering from the University of California, Berkeley.
TERESA BOWEN, Gray-Bowen-Scott
For over 40 years, Terry Bowen has helped over a hundred complex transportation and land development projects come to fruition. Utilizing collaborative partner ships with various stakeholders including her local government relationships, Terry helps her clients navigate “the system.” Whe ther she's securing approvals of environmental documents, right of way certifications, design plans, encroachment permits or obl igating state or federal funds, Terry has spent decades developing respected relationships through trust and collaboration with Caltrans, FHWA, CTC and regional transportation agencies. Terry holds a Bachelor of Science in Civil Engineering from the Univer sity of California, Berkeley.
MATTHEW TODD, Gray-Bowen-Scott
With over 2 6 years in the industry, Matt has extensive experi ence and knowledge to fund and deliver projects. Prior to joining Gray -Bowen-Scott, Matt was the Manager of Programming at the Alameda County Transportation Commission (ACTC), where he helped program and coordinate transportation funding and assisted local agencies in delivering and managing complex projects and programs involving multiple stakeholders. Matt is well versed in today’s regulatory and political environment, which often requires navigation through a maze of state, regional , and local agencies. M att holds a Bachelor of Science in Civil Engineering from the University of California, Davis.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
SUBCONSULTANT STAFF BIOS
ERIC ZELL, Zell and Associates
Eric is a specialist in public policy, governmental affairs and political strategy. He has over thirty year s of experience achieving successful implementation of difficult and high profile state and loca l public policy issues including the passage of state environmental, education and energy legislation; the establishment of Contra Costa County's Transportation Sales Tax and Growth Management Program; gaining approvals for state-of-the-art energy facilities; and the passage of Contra Costa County's landmark Industrial Safety Ordinance. He has implemented public affairs and political campaigns on a variety of iss ues and for numerous candidates on the state and local levels as well as local ballot measures.
In 1991, Eric formed Zell & Associates, a highly respected government relations and public affairs consulting firm. Prior to forming his own company, Eric held the position of Vice President, Governmental Relations and Public Affairs, for William R. Gray a nd Company, a transportation consulting firm, for a period of four years. From 1980 through 1987, he served as local Chief-of -Staff to State Assemblyman Bob Campbell.
In addition, Eric is active in the local community, serving on the Board of Directors of the Contra Costa College Foundation and the East Bay Leadership Council. In 2010, he served as Finance Co -Chair of the East Bay Regional Park District's success ful Measure WW bond measure campaign. From 2007 -2016 he served as an elected member of the West Contra Costa Healthcare District Board of Directors.
He received his B.A. degree in political science from UCLA.
BOBBY WINSTON, Bay Crossings (subconsultant to Zell and Associates) Bobby Winston founded and ran the San Francisco Shakespeare Festival before joining a group advocating comprehensive regional ferry service that founded the Water Transit Authority (WTA), now WETA. He published ‘Bay Crossings’, the ferryrider’s newspaper, for 20 years and partners with working waterfront and community groups on initiatives including the ‘Working Waterfront Cohort’, training returning citizens for good paying jobs, and ‘Virtual Port’, a statewide collaborate aimed at digitizing port infrastructure to improve port congestion and emergency preparedness. He is also a property manager and investor who has been instrumental in bringing ferry service to Richmond.
JILL NELSON GOLUB, BMWL
Jill Nelson Golub is a leading expert in strategic communications, political campaigns and media strategy.
She utilizes her over two decades of experience and extensive project management skills to help BMWL clients create and execute innovative, winning s trategies. Jill is well-known for her a bility to provide key strategic counsel while also achieving real results for her clients.
Jill’s diverse background includes work in local government, electoral politics, policy research, strategic communications, new media and grassroots organizing. At B MWL, she has helped a wide variety of organizations and individuals achieve success, including the Contra Costa Transportation Authority, Jewish Community Relations Council, Google, Marin County Parks, Nike Women’s Ma rathon, San Diego Association of Gover nments, San Francisco Unified School District, Santa Clara County, Service Employees International Union and UCSF Medical Center. She also dedicates much of her time to training, supporting and running campaigns for women who are seeking public office.
Jill relocated to San Francisco from New York, where she gained extensive experience as a political strategist and senior government aide. She served as chief of staff for New York City Council Member David Yassky, as pol itical director for Yassky’s campaign f or New York City Comptroller, and as director of external Affairs for Manhattan Borough President Scott M. Stringer. Prior to that, Jill worked as a field DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
organizer on a variety of campaigns throughout New York State and as a researcher for the Democratic Party of Georgia. Jill has a degree in Political Science from Emory University in Atlanta, GA
JOHN WHITEHURST, BMWL
John has successfully led more than 200 public affairs, communications, and outreach campaigns over the last 30 years. As a chief strateg ist at BMWL and Partners, he has directed hard -fought victories for a wide range of clients in land use, healthcare, transportation, gaming, public infrastructure and education.
Known for managing programs with discipline and focus, John emp loys a variety o f skills garnered from years of public affairs, issues , and political campaigns throughout the country. He is well -regarded for using high-impact techniques that move people to take action and help his clients win. John has been very successful in helping business, labor, and nonprofits achieve their government relations goals and has one of the best win records in the state. Through his work, John has developed relationships with key leaders in local, regional, state, and national government.
John has had a deep practice in health care, transportation, development, infrastructure, and education.
Prior to co-founding BMWL & Partners, John founded Whitehurst Campaigns in 1990 after working in several capacities in political consulting. His first professional political campaign was Gary Hart for President in 1984 where he learned to organize in Iowa, Pennsylvania , and California. John holds a bachelor’s degree in political science from The American University.
JON MARSHALL, JMA Civil
Jon Marshall is the Found er and Principal Engineer at J MA Civil and has more than 25 years of experience in railroad facility design, consulting, and general civil engineering. Jon has completed over 200 railroad projects in his career, most with UPRR and BNSF Railway. Additionall y, he has led the CPUC coordination role for several dozen rail grade separation and at-grade crossing improvement projects.
His extensive experience includes designing projects and consulting for transit agencies including CAHSR, BART, Caltrain, Amtrak and VTA, and leading projects i nvolving or impacting UPRR and BNSF Railway, especially in the Central Valley, Bay Area, and Northern Nevada.
Jon has managed projects through all stages of design, from analysis and planning to early concept and final design, through to construction supp ort, with considerable cost estimating experience at each of these phases. Jon is also a polished public speaker. In 2017 and 2019, he was a main stage technical presenter at the American Railway Engineering and Maintenance of Way Association (AREMA) natio nal conference where he addressed the innovative strategies and lessons learned from securing Union Pacific Railroad and BNSF shoofly approvals for the CA High-Speed Rail Program’s Construction Package 1 and 4. Jon holds a Ba chelor of Science in Civil Engineering from the University of Waterloo . He is a qualified SWPP Developer /Practitioner (QSD/QSP).
ALLENE RIEGER, JMA Civil
Allene Rieger has over 20 years of experience in rail design, railroad coordination, drainage desig n, permitting, and site development on rail projects through all stages of design, from concept to final design, including construction support. She has worked on numerous Class 1 Railroad Main Line, Industry, and Intermodal Terminal projects for Union Pac ific Railroad, BNSF, CSX, and Norfolk Southern Railway in design and leadership roles. Allene has also worked on various Commuter and Transit projects for Amtrak, CCJPA, and a wide range o f transit agencies nationally. Allene’s varied experience allows her to be comfortable with addressing many challenges across the entire rail spectrum.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Prior to joining the JMA team she was an Associate/AVP of TranSystems, a national transportation AEP firm, where she worked closely with Jon Marshall. During her 19 years with TranSystems, Allene worked on transit and freight railroad projects as a project manager, rail design lead, and project engineer.
Allene holds a Bachelor of Science in Civil Engineering from Virginia Polytec hnic In stitute & State University.
RYAN BISSEGGER, Mark Thomas and Company
Ryan h as 17 years of experience in the engineering industry. He is Mark Thomas’ funding expert supporting local and regional agencies statewide. He is very knowledgeable of federal and state funding sources including the Senate Bill (SB 1) programs, Active Trans portation Program (ATP), Highway Safety Improvement Program (HSIP), federal discretionary grant programs, and regional grant programs. He tracks the programs and is knowledgeable of call for pro ject schedules. He has provided funding recommendations to age ncies to pursue grant funds in order to implement improvements. His understanding of the funding programs is leveraged in the preparation of competitive grants. Over the past five years, Ryan has secured over $335 million in competitive funding . Ry an holds a Bachelor of Arts in International Business from Westminster College, and has completed training in Funding and Programming Transportation Projects in California, U.C. Berkeley Technology.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
Professional Services Agreement Agreement No. <22-040> City Attorney Approved, 082321 Payment
Attachment B
PAYMENT
<Attached prices/rates that will be used to determine payments to the Consultant in the following page(s)>
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DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
FIRM: Zell &
Associates
Mark
Thomas &
Associates
KEY STAFF:
Leo Scott,
Project Manager
Matt Todd,
Funding Support
Terry Bowen, Strategic
Outreach
Norma Ortega,
Industry Advisor
Sheena Patel, Project
Management Support
Erin Heltne,
Project Controls
Administrative
Support
Eric Zell,
Strategic Outreach
Partner
Senior Associate
Associate
John Marshall,
Principal Engineer
Allene Rieger,
Sr. Civil Engineer
Ryan Bissegger,
Funding Analyst
Rates ($/hr) 425.00 330.00 425.00 425.00 300.00 265.00 160.00 425.00 360.00 150.00 120.00 336.00 240.00 289.00 MILESTONES/TASKS: Hrs Hrs
Task 1 Position the Project for Competitiveness
Task 1.1 Finalize the Funding Strategy 30.00 15.00 10.00 5.00 10.00 Task 1.2 Strategic Guidance and Stakeholder Coordination 50.00 45.00 10.00 500 $ 88.00 Task 1.3 Strategic Communications Program ‐ Phase 1 (BMWL) 75.00 50.00 25.00 9,500 $ TASK 1 TOTAL HOURS 0.00 80.00 60.00 10.00 5.00 0.00 20.00 175.00 88.00 75.00 50.00 25.00 150.00 0.00 0.00 0.00 0.00 413.00 TASK 1 COST ‐$ 26,400$ 25,500$ 4,250$ 1,500$ ‐ $ 3,200$ 500$ 61,350$ 37,400$ 27,000$ 7,500$ 3,000$ 9,500$ 47,000$ ‐$ ‐ $ ‐$ ‐ $ 145,750$ Task 2 Project Management & Controls
Task 2.1 Contract Management 16.00 0.00 0.00 0.00 46.00 0.00 46.00 ‐$ 0.00 0.00 Task 2.2 Project Meetings & Communication 63.00 20.00 0.00 0.00 97.00 20.00 34.00 500 $ 0.00 0.00 Task 2.3 Project Execution and Issue Resolution 42.00 0.00 0.00 0.00 114.00 0.00 0.00 ‐$ 30.00 40.00 Task 2.4 Project Controls 16.00 0.00 0.00 0.00 33.00 73.00 21.00 ‐$ 0.00 0.00 Task 2.5 Detailed Funding Plan 4.00 7.00 0.00 0.00 30.00 28.00 72.00 ‐$ 0.00 0.00 TASK 2 TOTAL HOURS 141.00 27.00 0.00 0.00 320.00 121.00 173.00 782.00 0.00 0.00 0.00 0.00 0.00 30.00 40.00 70.00 0.00 852.00 TASK 2 COST 59,925 $ 8,910$ ‐ $ ‐ $ 96,000$ 32,065$ 27,680$ 500$ 225,080$ ‐ $ ‐$ ‐ $ ‐ $ ‐ $ ‐$ 10,080$ 9,600$ 19,680$ ‐ $ 244,760$ Task 3 Grants – Monitor Opportunities, Complete Grant Applications and Assist with Coordination, Processing and Approvals with Funding Partners and Stakeholders Task 3.1 Monitor Grant funding Opportunities 10.00 40.00 Task 3.2 Review Grant funding opportunities with City 2.00 4.00 7.00 Task 3.3 Complete grant applications (1 if required; effort TBD) 40.00 15.00 10.00 120.00 Task 3.4
Complete grant applications (1 if required; effort TBD) (Mark Thomas) 102.00
Task 3.5 Secure Approvals (post grant approval actions) TASK 3 TOTAL HOURS 2.00 54.00 15.00 0.00 10.00 0.00 167.00 248.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102.00 350.00 TASK 3 COST 850 $ 17,820$ 6,375$ ‐ $ 3,000$ ‐ $ 26,720$ ‐ $ 54,765$ ‐ $ ‐$ ‐ $ ‐ $ ‐ $ ‐$ ‐$ ‐ $ ‐$ 29,478$ 84,243$
Total Hours 143.00 161.00 75.00 10.00 335.00 121.00 360.00 1205.00 88.00 75.00 50.00 25.00 150.00 30.00 40.00 70.00 102.00 1615.00 Total Cost 60,775$ 53,130$ 31,875$ 4,250$ 100,500$ 32,065$ 57,600$ 1,000$ 341,195$ 37,400$ 27,000$ 7,500$ 3,000$ 9,500$ 47,000$ 10,080$ 9,600$ 19,680$ 29,478$ 474,753$ GRAY‐BOWEN‐SCOTT
City of Hercules Regional Intermodal Transit Center
CONSULTANT SERVICES
COST PROPOSAL
Gray‐Bowen‐Scott BMWL JMA Civil
TEAM TOTAL
Hrs
Gray Bowen Scott
Totals
Other Direct Costs
Other Direct Costs
Hrs
BMWL
Totals
JMA Civil
TotalsHrs
Hercules RITC - 2022 GBS Cost Estimate_2022-07-26.xlsx
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81
CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTI
ON A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name
SECT
ION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECT
ION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of t his Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.
I h
ave read Hercules Ordinance Number 486 and certify that I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 486.
If c
ircumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECT
ION D:
To Be Completed by Administrative Services Departmen t with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Mike Roberts 510-799-8200
Agreement No. 22-040
Resolution No.________
Public Works RITC Project Funding
X
Gray Bowen Scott (GBS) 925-937-0980
1211 Newell Ave, Suite 200 Walnut Creek CA 94596
X
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 7/29/2022
PresidentLeo Scott
CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name __
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, professional or other services to contractors who are not in compliance with the equal pay requirements of the California Equal Pay Act.. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person or contractor not in compliance with the California Equal Pay Act, is regarded as a violation of this Section.
I have read Hercules Ordinance Number 534 and certify that I/we have not in the past 5 years been found to be in violation of the California Equal pay Act, and I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 534 .
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Compl eted Form by Contractor
Date Received by City By
Mike Roberts 510-799-8200
Agreement No. 22-040
Resolution No. __________
Public Works RITC Project Funding
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Gray Bowen Scott (GBS) 925-937-0980
1211 Newell AVe, Suite 200 Walnut Creek CA 94596
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DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 Leo Scott
7/29/2022
President