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HomeMy WebLinkAboutMARK THOMAS & COMPANY, INC INSURANCE ON FILE WORK MAY PROCEED U101L NSuRANJ Ul'" w A-2025-168 ciTv CLERK OCT 16 2025 SECOND AMENDMENT TO AGREEMENT TO PROVIDE GRANT WRITING (lstwv-tGcsstilla 4Z) SERVICES FOR THE CITY OF SANTA ANA THIS SECOND AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between Mark Thomas & Company, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The parties entered into Agreement No. A-2021-250, dated December 21, 2021, by which Consultant agreed to provide grant writing services for the Santa Ana Boulevard grade separation ("Agreement"). The term of the Agreement included an option for the parties to extend the term for up to two (2) one (1) year periods. B. On April 16,2024,the parties entered into a First Amendment to the Agreement(A-2024-044) to prepare an additional three(3)grant applications and increase the total not-to-exceed amount due under the Agreement to reflect the additional three (3) grant applications to be written by Consultant. C. On December 11, 2024, the parties opted to exercise the first of the one-year extensions (A- 2021-250-01). The Agreement is current and in-effect and expires on December 20, 2025. D. The parties now wish to amend the Scope of Services set forth in the Agreement to include Consultant's preparation of an additional four(4)grant applications and increase the total not- to-exceed amount due under the Agreement to reflect the additional four(4)grant applications to be written by Consultant. The parties also further wish to exercise the final option to extend the term of the Agreement. No other changes are contemplated by this Second Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to include the following language: Furthermore, Consultant will provide grant writing services for an additional four (4) grant applications, including: 1) 2025 Railroad Crossing Elimination (RCE) Program; 2) 2025 Consolidated Rail Infrastructure and Safety Improvement (CRISI) Program; 3) 2026 Better Utilizing Investments to Leverage Development (BUILD) Program; and 4) 2026 Trade Corridor Enhancement Program (TCEP), as further described in Exhibit A-2, which is attached hereto and incorporated herein by reference. 2. Section 2.a., Compensation, is amended to increase the not-to-exceed amount by an additional $75,000.00,for a total not-to-exceed amount under the Agreement of$405,000. 3. Section 3, Term, is extended for an additional one-year period through December 20, 2026. The parties agree and understand that this extension of the term reflects the final available option to extend under the terms of the Agreement. Page 1 of 2 4. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full farce and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF S TA ANA IFE LL fCLVARO NUNEZ Ci C City Manager APPROVED AS TO FORM MARK THOMAS Sonia R. Carvalho City Attorney By: 9ILE NELLESEN By: Pat Somerville Assistant City Attorney Title: Associate Principal RECOMMENDED FOR APPROVAL O F OSA , Acting Executive Director Public Works Agency Page 2 of 2 EXHIBIT A-2 MARK THOMAS August 9, 2025 City of Santa Ana Project No. 21-00208 Public Works Agency 20 Civic Center Plaza, Ross Annex, M-20 Santa Ana, CA 92702 Attn: Gilbert Castillo, Senior Engineer RE: Amendment #2 — Santa Ana Grade Separation Grant Writing Services Dear Mr. Castillo: Mark Thomas has enjoyed working with the City of Santa Ana (City) on the Santa Ana Grade Separation Grant Writing Services. Per the City's request, we have prepared this amendment to provide ongoing funding support. This includes preparing four grant applications. For this scope of work, are anticipating the grant applications to include: • 2025 Railroad Crossing Elimination (RCE) Program • 2025 Consolidated Rail Infrastructure and Safety Improvement (CRISI) Program • 2026 Better Utilizing Investments to Leverage Development (BUILD) Program • 2026 Trade Corridor Enhancement Program (TCEP) SCORE OF WORK Task 1 -- 2025-2026 Additional Grant Applications Task 1.1 —2025 RCE Grant Application Mark Thomas will prepare the draft and final RCE grant application for the project. We will prepare the application in accordance with the USDOT issued Notice of Funding Opportunity (NOFO). This is anticipated to include grant narrative responses, scope of work, schedule and budget documents, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support.We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. M&RKTH<)MMA5.LOM PAGE 2OF3 Deliverables • Draft and Final Grant Application Narrative • Draft and Final Statement of Work Documents • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms Task 1.2 —2025 CRISI Grant Application Mark Thomas will prepare the draft and final RCE grant application for the project. We will prepare the application in accordance with the USDOT issued NOFO. This is anticipated to include grant narrative responses, scope of work, schedule and budget documents, benefit cost analysis (BCA) and memorandum, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. Deliverables • Draft and Final Grant Application Narrative • Draft and Final Statement of Work Documents • Draft and Final BCA Calculations and Memorandum • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms Task 1.3 — 2026 BUILD Grant Application Mark Thomas will prepare the draft and final BUILD grant application for the project. We will prepare the application in accordance with the USDOT NOFO. This is anticipated to include grant narrative responses, BCA and memorandum, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. Deliverables • Draft and Final Grant Application Narrative • Draft and Final BCA Calculations and Memorandum • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms MARKTHOMAS.COM PAGE 3OF3 Task 1.4—2026 TCEP Grant Application Mark Thomas will work with Caltrans to pursue a joint TCEP nomination. This includes developing intake forms and responding to Caltrans' requests. We will coordinate and lead office hours meetings with the California Transportation Commission (CTC) to discuss the project. We will prepare the application in accordance with the CTC grant guidelines. This is anticipated to include grant narrative responses, BCA and memorandum, performance measures, and Project Programming Request form. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. Mark Thomas will also prepare the application files for submission and submit the application to the CTC on the City's behalf. Deliverables • Draft and final Caltrans Intake Forms • Draft and Final Grant Application Narrative • Draft and Final BCA Calculations and Memorandum • Draft and Final Performance Measures • Draft and Final Project Programming Request • Draft and Final Letter of Support Template COST PROPOSAL The cost to prepare the scope of work is $74,995. A detailed cost estimate by task and staff classification is provided on the following page. Thank you for the opportunity to continue to work with the City on securing funding for the project. If you have any questions regarding our amendment, please feel free to contact me at (916) 539-4680 or rbissegger@markthomas.com. Sincerely, MARK THOMAS AND COMPANY, INC. Ryan Bissegger New Business Director + Associate M..A.RK7H01AAs.CoM N N 67 W (4 � m It Ln w 00 -Ln 0) lr/ m CD m 0 LA 0 o r'rn zr m C O v rn o n a V I r c-i H N h h V} Vi VF 4 in Ln u) O O u1 O un F O m � 0 va m ut 0) +' m M m r4 acn o u} Ln -n N h h l0 C7 O rl M m F 2 V 00 00 Q 0 aau2isaa aoydejE)•is 4 m m iJLn �g iaSeueVy�iydel9•.iS N °�' CL ao;euopaoo:)L CD 4-1 C Pafoad-JS v y v� m L. g r1 N H N lD lD C7 !19 O O L F juejunoa3d13a[OJd Y i/1` {{ryry Im R N CA isilelaadsSwpunj•jS N w VF m v> a V lD 04 00 N 'o C7 v) Q as.Seuew Su)punj m a 3 �^ a) u n m 0 m m Naauueld i N W Ln co V � 00000 cc co 4 y 4. CD 11 Jauueld o V m V Ln �' _T v) 0 V � z ° 3 Q N 1 W M m 0 m Q u a w ° e C E `CL a a co I Z c 0 Q m m � � LL m +n N C u Q G Z O O Q ° w O g m m a+ 0 � Y r u u Q u ti co n CILa ¢ ¢ ro F 3 0 y N w w O a ® y N Lr)5 C_1 m F G O p_+ N C w N N N N N V" .(� ~ _. �' Cf u ` w a NO o 0 0 0 S a p .c Ad a c w V [ ' r-I c4 O r O C m m tG m d AC"" CERTIFICATE OF LIABILITY INSURANCE r AT JMMID25 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mandy Guo AssuredPartners Design Professionals Insurance Services, LLC PHONE 510-272-1402 PAX No. 3697 Mt. Diablo Blvd Suite 230 E-MAILExfi- Lafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURERS AFFORDING COVERAGE NAIL# License#:6003745 INSURER A:XL Specialty Insurance Co. 37885 INSURED MARKTHO-03 INSURER B; Mark Thomas&Company, Inc. 2833 Junction Avenue, Suite 110 INSURER C; San Jose CA 95134 INSURER D INSURER E: INSURER F I COVERAGES CERTIFICATE NUMBER:1484911407 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR ADDL�SUB POLICYEXP TYPE OF INSURANCE INSD WVD P041CY NUMBER MM DDY!YYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR DAMAGES(-RENTED PREMISES Ea occurrence $ MEP FXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY[J JERCT LOC PRODUCTS-COMP/OP AGG $ OTHER: I $ AUTOMOBILE LIABILITY COMBINEO SINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Par person} $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- ER S AND EMPLOYERS'LIABILITY Y J N TATJTE ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? El NIA (Mandatory in Ni E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability& DPR5044784 711/2025 711l2026 Per Claim $2,000,000 Contr,Pollution Liab Included Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 161,Additional Remarks Schedule,may be attached if more space is required) Job Number: 21-00208-SAGS Grant Applications-- TU Tran Digitallysigned by 7u Tran Nguyen Nguyen °4:t,o?°�0�009 APPROVED By To Tran Nguyen at 2:09 pm,Jura 09,2025 CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ^� MARKTHO-01 SEITAS '4�oyr2o CERTIFICATE OF LIABILITY INSURANCE DAT192D�YYYY) 9l1912025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENT? OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 CONTACT Jessica McDonald IOA Insurance Services PHONE FAX 3875 Hopyard Road (AIC,No,Ext):(925)918 4535 JAM,No): Suite 244 E-MAIL Jessica.McDonald ioausa.com _A6DFE55: ,,.. .... ___,_,,,. Pleasanton,CA 94588 .,. INSURER(Sy AI FORDING COVERAGE NAIC 9 -......................__-......._._.W INSURER A:Continental Casualty Company _ 20443 INSURED INSURER B:The Continental_Insurance Company 35289 Mark Thomas 8r Company,Inc. INSURER C:Valley Forge Insurance Compares 20508 2833 Junction Avenue,Ste 110 1 INSURER D: San Jose,CA 95134 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN RLDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD VIVID POLICY NUMBER D LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ®OCCUR X X 7040185059 911512025 9/1512026 DAAMIAGETOERENTFD 1,000,000 SZC rrence ._ MED EXP LAny one arson 15,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY❑JPEROT LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY C0 'IN D{SINGLE LIMIT $ 11000,000 X ANYAUTO X X 7040183912 9/1512025 9/1512026 BODILY INJURY Per pqsonj. $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-AWNED PROPERTY AMAGE AUTOS ONLY AUTOS ONLY Per acci , $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 X EXCESS LIAB CLAIMS-MADE 7040283234 9/15/2025 9/15/2026 AGGREGATE $ 9,000,000 DED RETENTION$ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE €R 7440274$25 911512025 9Ii 512026 E L EACH ACCIDENT $ ANY PROPRIETOFUPARTNERIEXEGUTiVE YIN X 1,DOO,4DO OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE !$ 1,0D4,4DD If yes,describe under 1,DDD,444 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Digitally signed DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required) Nguyen 23-00056 NgUyen Dare:2025.10.08 23-00056 is U:5s-a7'oo' Re:Santa Ana-On-Call Engineering Services City of Santa Ana,its officers,officials,employees and volunteers,named as additional insureds. The Workers Compensation 1 Employers Liability Deductible is none. APPROVED By Tu Trarr Nguyen at 2:19 pm, Oct 08,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attention:Public Works Agency, AUTHORIZED REPRESENTATIVE CIP1Design Engineering 20 Civic Center Plaza lSanta Ana-CA 92702 ACORD 25(2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD