PROFESSIONAL CONSULTANT SERVICES AGREEMENT
MARK THOMAS & COMPANY, INC.
Mission Bridge Reconstruction Project
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT ("Agreement" is made and entered into this_ - 2022 ("Effective Date"), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and MARK THOMAS & COMPANY, INC.., a California corporation ("Consultant").
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit "A," Riverside- Mission Boulevard Bridge over Santa Ana River Grants ("Services"), attached hereto and incorporated herein by reference, in conjunction with a Mission Bridge Reconstruction Project ("Project").
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect for one (1) year from the Effective Date of this Agreement, unless otherwise terminated pursuant to the provisions herein.
Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed Thirty-Nine Thousand and Nine Hundred and Nighty Three Dollars and Eleven cents ($39,993.11), payable in accordance with the terms set forth in Exhibit "B." Said payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City To Consultant
Public Works Engineering Department Mark Thomas & Company, Inc.
City of Riverside Attn: Ryan Bissegger
Attn: Edward Lara 10630 Town Center Drive
3900 Main Street, 4*h Floor Rancho Cucamonga, CA 91730
Riverside, CA 92501
1 Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside. determination
though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "C" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.
Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City's sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator:
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Consultant, or to Consultant's employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 2 11. Indemnification.
Design Professional Defined. For purposes of this Agreement, "Design Professional" includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services it accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant's professional negligence based on the percentage of Consultant's liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law, Consultant shall indemnify, protect and hold harmless the City and the City's employees, officers, managers, agents, and Council Members ("Indemnified Parties") from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, 3 liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City's employees, officers, managers, agents and council members (collectively the "Parties to be Defended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury.
Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City, This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant's Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agreement. notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant
12. Insurance.
12.1 General Provisions. Prior to the City's execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of his Agreement, such insurance policies and coverages in the types, limits, forms and rating equired herein. The rating and required insurance policies and coverages may be modified i writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant's indemnification obligations under Section 11 hereof. 4 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any requirec insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant's sole expense.
12.2 Workers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant.
The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant's insurance policies.
12.3.1 Consultant's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability 5 insurance policies shall cover all vehicles used in connection with Consultant's performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant's employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, re added as additional insureds under this policy, solely for work done b nd on behalf of the named insured for the City of Riversid
12.3.4 The insurance policy or policies shall also comply with the following provisions:
*. Thopolicy a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CC 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant's activities.
Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation.
Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 6 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City's Right to Employ Other Consultants. City reserves the right to employ other any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City's Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City.
Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
7 Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit "C," represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit "C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant's services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant's final written statement of the amount of Consultant's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days' prior written notice prior to termination.
8 25.2 City may terminate this Agreement upon fifteen (15) days' written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project. penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or eimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptl e given to Consultant by City in writing. In the event of a dispute as to the amount owed or whethe such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney's fees and costs.
29. Nondiscrimination. During Consultant's performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 9 31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In the event of a conflict between the body of this Agreement and Exhibit"A" - Scope of Services hereto, the terms contained in Exhibit "A" shall be controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Scope of Services
Exhibit "B" - Compensation
Exhibit "C" - Key Personnel
10 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California MARK THOMAS & COMPANY, INC., charter city and municipal corporation a California corporation By:
City Manager Zach Siviglia
Printed Name]
President
[Title]
Attest:
City Clerk
Certified as to Availability of Funds: R.M.Ba
R. Matt Brogan
By:_ [Printed Name]
for Chief Financial Officer Secretary
[Title]
Approved as to Form:
Susan Lebra
Senior Deputy City Attorney
22-1217 BSM 07/26/22
11 EXHIBIT "A"
SCOPE OF SERVICES
MARK THOMAS
July 21, 2022
City of Riverside
3900 Main Street, 4th Floor
Riverside, CA 92522
Attn: Edward Lara, PE
RE: Proposal - Mission Boulevard Bridge Over Santa Ana River Grants Dear Mr. Lara:
We are excited to continue working with the City of Riverside (City) to pursue funding for the Mission Boulevard Bridge over Santa Ana River Project (Project). Mark Thomas has been requested to submit a proposal for a Bridge Investment Program (BIP) application under the Bridge Projects category for the Project. The BIP is a new program from USDOT for the rehabilitation and replacement of bridges. The current condition of the bridge and seismic issues makes the bridge a great candidate for this funding program.
DEMONSTRATED GRANT EXPERIENCE
Mark Thomas has significant experience in analyzing and pursuing grant funding for transportation projects. We track the various regional, state, and federal grant programs and work with agencies to position projects to compete for grant funding. We have prepared Active Transportation Program (ATP); Senate Bill (SB 1) programs including Trade Corridor Enhancement Program (TCEP), Local Partnership Program (LPP), and Solutions for Congested Corridors Plan (SCCP); San Joaquin Council of Governments (SJCOG) Measure K; Highway Safety Improvement Program (HSIP); and federal discretionary program applications including the Rebuilding American Infrastructure with Sustainability and Equity (RAISE), Multimodal Project Discretionary Grant (MPDG), Railroad Crossing Elimination Program (RCE), and BIP. Over the past 48 months, Mark Thomas has secured more than $350 million in competitive funding for infrastructure projects throughout the State.
Mark Thomas has extensive experience preparing competitive grant applications for large and complex infrastructure projects. These have required developing compelling narratives selling the project state of good repair, safety, and multimodal mobility benefits, similar to the Mission Boulevard Bridge. Many of these grants have recently been submitted and are awaiting awards. These grants included:
• City of Sacramento $320M | Street Bridge Replacement LP application (awarded) • City of Sacramento $320M | Street Bridge Replacement BIP application Stanislaus County $65M 7 Street Bridge Replacement BIP application (909) 291-7246
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• City of Eastvale $20M Limonite Gap Closure LPP application (awarded) • City of Tracy/Caltrans $40M I-580/International Parkway Interchange TCEP application (awarded)
• Sacramento County $120M US 50 Gold Line Corridor Enhancements RAISE and MPDG applications
• Santa Cruz County Regional Transportation Commission $78M Highway 1 Bus- on-Shoulder/Auxiliary Lanes and Zero Emission Buses RAISE grant • Santa Cruz County Regional Transportation Commission $135M Highway 1 Bus- on-Shoulder/Auxiliary Lanes, Coastal Rail Trail Segment 12, and Zero Emission Buses MPDG Grant
• City of Corona $80M McKinley Street Grade Separation TCEP application (awarded)
Mark Thomas has not failed to complete a grant application and submit on time, regardless of our workload. During the 2020 funding rounds, the Mark Thomas team delivered 11 ATP, seven LPP, seven regional applications, six HSIP, four TCEP, two RAISE, one SCCP applications. Many of these programs have overlapping schedules.
SCOPE OF WORK
We have developed our scope of work and fee estimate to prepare both grant applications for the Project. Final design, traffic analysis, environmental clearance, detailed right of way and utility services, and surveying and mapping services are excluded from this scope.
Task 1 - Bridge Investment Program Grant
Task 1.1 - Grant Preparation
Mark Thomas will prepare the grant application for the BIP following the 2022 Notice of Funding Opportunity (NOFO). We will develop a grant application outline and a needs chart describing each section of the grant and any information needs. The BIP grant application will include the following sections:
• Cover Letter
• Grant Narrative (25 pages)
• Basic Project Information - Description, Location, and Parties • National Bridge Inventory Data
• Project Costs - Grant Funds, Sources, and Use of All Project Funding Project Outcome Criteria
Benefit-Cost Analysis
Project Readiness and Environmental Risk
Project Priority Considers
• Standard Form (SF) 424 - Application for Federal Assistance • SF 424C - Budget Information for Construction Programs (909) 291-7246
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• SF 424D - Assurances for Construction Programs
• SF LLL - Disclosure of Lobbying Activities
• Grants.gov Lobbying Form
• Key Contacts
Task 1.2 - Benefit Cost Analysis
As a subconsultant to Mark Thomas, Economic & Planning Systems (EPS) will prepare the Benefic Cost Analysis (BCA) required for the grant following USDOT guidance.
Define Project Costa and Alternatives
The benefits of the Project will be measured against a "no-build" baseline or under the assumption that no grant funding is provided. EPS will work with Mark Thomas and the City to define the no-build baseline, construction timeline, and associated capital and operations and maintenance (O&M) costs for each.
Describe and Quantify Project Benefits
EPS will strive to monetize based on available data supplemented by reasonable estimates and assumptions to be developed. Some are standard benefit-cost metrics used in established federally approved methodologies. Other more qualitative benefits will be evaluated based on the local context and qualitative and quantitative information available. EPS and Mark Thomas will identify any transportation modeling data that can be used. As additional Project details are available and specific grant program guidance is reviewed, this list is subject to change.
Conduct the Benefit-Cost Analysis
EPS will have tabulated and discounted each of the costs and benefits of the Project. The consultant team will then develop a spreadsheet model to sum the present value of the benefits (relative to travel patterns under baseline conditions) and compare them to the present value of the costs (relative to the baseline) of Project development and maintenance. The ratio between benefits and costs is the benefit-cost ratio. EPS will present the overall benefits and costs in tabular and graphic form. •
Consider Additional Benefits
EPS will consider other benefits as necessary, appropriate, and feasible under the time constraints of the assignment. Additional benefits will be considered and estimated, where appropriate, for all benefit categories outlined in the US DOT guidelines, including safety, quality of life, environmental protection, state of good repair, and economic competitiveness.
Prepare Draft and Final Reports
EPS will prepare a draft technical memorandum along with all related charts, tables, and graphics for review by Mark Thomas and the City. This document will categorize all benefits evaluated and describe in detail the calculation used to analyze each benefit and cost. Upon receiving feedback from Mark Thomas and the City, EPS will produce a final 1(909 291-7246
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technical memorandum, ensuring the deliverable meets the requirements of the potential grant funder.
Deliverables
• Draft grant application
• Final grant application
• Draft BCA analysis and memo
• Final BCA analysis and memo
PROJECT SCHEDULE
BIP Bridge Projects category grant applications are due September 8, 2022, and SS4A grant applications are due by September 15, 2022. We've anticipated a Notice to Proceed on July 21. Below is the schedule for both grant applications.
BIP Grant
• July 29- Mark Thomas develop stakeholder list and draft letter of support and send to the City for review.
• August 4 - City provide comments on stakeholder list and letter of support. • August 5 - Mark Thomas to request letters of support from stakeholders. • August 12 - Mark Thomas provide draft application to the City for review. • August 26 - City provide review comments to Mark Thomas on the draft application.
• September 6 - Mark Thomas provide final grant application to the City. • September 8 - City submit grant application files on grants.gov.
FEE ESTIMATE
The not-to-exceed project fee to complete the Scope of Work is $39,993.
Thank you again for this opportunity. If you have any questions regarding our scope and fee, please don't hesitate to contact Ryan Bissegger at (916) 539-4680 or email him at [email protected].
Sincerely,
MARK THOMAS & COMPANY, INC.
Darin Agalac Repen Bingon
Darin Johnson, PE Ryan Bissegger
Division Manager + Associate Principal New Business Director + Associate Attachment: Cost Proposal
(909) 291-7246
10630 TOWN CENTER DRIVE, SUITE 117
RANCHO CUCAMONGA, CA 91730 MARKTHOMAS.COM
EXHIBIT "B"
COMPENSATION
COST PROPOSAL FOR PROJECT SCOPE: Riverside-Mission Bld Bridge over Santa Ana River Grants Subs
A MARK
TOTAL COST
THOMAS Total Total MT Economic & Planning
en Sr. Project Manager 5 Funding Specialist Accountant A Coordinatol - Technical Writer Hours Cost E Planner lI g Sr. Projec Systems
1.0 BRIDGE INVESTMENT PROGRAM GRANT
1.1 Grant Preparation $21,379 $21,379
1.2 Benefit Cost Analysis 26 $3,614 15,000 $18,614
Subtotal Phase 1 IN $24,993 $15,000 $39,993
TOTAL HOURS IN 140
OTHER DIRECT COSTS SO
TOTAL COST $5,780 $3,614 $9,464 $354 $825 $1,062 $3,894 $24,993 $15,000 $39,993 Please note that the rates shown are for estimating purposes only.
See rate schedule for actual rates/ranges. 7/21/2022
MARK THOMAS
111/ 111/1/117 71777177,
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2023
Engineering Surveying
Design Engineer I $96 - $159 Surveyor $119 - $169
Design Engineer Il $119 - $194 Sr. Surveyor $135 - $204 Project Engineer $160 - $201 Project Surveyor $157 - $240 Sr. Project Engineer $173 - $236 Sr. Project Surveyor $183 - $247 Sr. Technical Engineer $173 - $236 * Single Chief $167 - $222 Technical Lead $199 - $271 * Single Instrumentman $157 - $197 Sr. Technical Lead $237 - $345 * Single Chainman $148 - $194 Engineering/Design Manager $308 - $395 * Apprentice $89 - $152 Sr. Engineering Manager $340 - $493 * 1 Person Field Crew $167 - $222 * 2 Person Field Crew $314 - $416
Construction Management * 3 Person Field Crew $403 - $567 Office Engineer $119 - $226 Drone Pilot $235
* Asst. Resident Engineer $170 - $310
* Inspector - CM $163 - $310 Technicians
RE/Structural Representative $224 - $377 Intern $51 - $113 Area Manager - CM $336 - $493 Technician/Office/Survey Technician $67 - $141 Sr. Technician/Survey Technician $99-$194
Planning Lead Technician/Survey Technician $135 - $219
Planner | $90 - $116
Planner lI $115 - $144 Project Management & Oversight
Sr. Planner $131 - $180 Project/Survey Manager $199 - $282 Sr. Project/Survey Manager $237 - $377
Landscape Architecture/Urban Design Division Manager $266 - $416 Landscape Designer 1 $83 - $123 Principal $426 - $504
Landscape Designer II $103 - $155
Landscape Architect $119 - $208 Project Support
Sr. Landscape Architect $128 - $233 Technical/Sr. Technical Writer $64 - $187 Project/Sr. Project Assistant $77 - $144
Grant Writing Project/Sr. Project Coordinator $103 - $183 Funding Specialist $119 - $229 Graphic/Sr. Graphic Designer $109 - $204 Sundang Manals $160 - $264 Project/Sr. Project Accountant $112 - $194 $272 - $356 Sr. Graphic Manager $154 - $226
Project Accountant Manager $170 - $236
District Management
* Inspector - Apprentice $64 - $116 Special Services
* Inspector/Sr. Inspector $106 - $173 Expert Witness $470 Assistant/Associate Sanitary Engineer $151 - $226 Strategic Consulting $470 Sanitary/Sr. Sanitary Project Engineer $176 -$307
Operations/Deputy District Manager $243 - $370
District Manager-Engineer $333 - $402
Reimbursables including, but not limited to; reproductions, delivery and fling fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5%. Mileage will be billed per current IRS Rate.
Additional promotional steps exist within various rate categories.
This rate schedule expires June 30, 2023; rates are subject to escalation with new hourly rate schedule as of July 1, 2023. * These charge rates are subject to Prevailing Wage laws and Union contract.
RATE SCHEDULE Q-1 | PAGE 1 OF1
2022 Hourly Billing Rates
Sacramento Office
Managing Principal $295-$310
Senior Principal $360
Principal $275
Executive/Senior Vice President $250
EPS Senior Consultant $250
Vice President $225
Senior Technical Associate $205
Senior Associate $195
Associate $175
Research Analyst II $140
Research Analyst I $100
Production and Administrative Staff $90
Billing rates updated annually.
EXHIBIT "C"
KEY PERSONNEL
None specified.
Mark Thomas & Co., Mission Bridge
Reconstruction Project
Final Audit Report 2022-08-08
Created: 2022-08-08
By: Elizabeth Lange ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAoP04gt82IUP8li39DjCLm2AUPCkNgg7e "Mark Thomas & Co., Mission Bridge Reconstruction Project" Hi story
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