Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
PROJECT FUNDING AGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF FREMONT
for the
GRIMMER GREENWAY TRAIL EXTENSION (PASEO PADRE PARKWAY TO FREMONT BOULEVARD)
This Project Funding Agreement (“A GREEMENT”), dated for reference purposes only as of May 28, 2026, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF FREMONT, a public agency (“PROJECT SPONSOR”).
This A
GREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:
Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP
☐ I-580 Express Lanes Net Revenue
RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.
B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.
D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.
E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.
F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, A
LAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“AIR DISTRICT”), and then distributes these funds on a reimbursement basis to eligible project sponsors.
G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.
H. California Streets and Highways Code Section 149.5 authorizes ALAMEDA CTC to administer and operate express lanes on the I-580 corridor in Alameda County. Toll revenue that remains after payment of all express lane direct expenses (“I-580 Express Lanes Net Revenue”) is eligible to be allocated for transportation purposes that provide a direct benefit to the I-580 corridor pursuant to an ALAMEDA CTC adopted I-580 Express Lanes Expenditure Plan.
I. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, CMA TIP, and I-580 Express Lanes Net Toll Revenue are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.
J. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the AIR DISTRICT-approved TFCA County Program Manager Policies.
K. A
LAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.
L. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.
M. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
N. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.
NOW, THEREFORE, it is agreed by and between the parties as follows:
SECTION I
PROJECT SPONSOR AGREES:
1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.
a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements
2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.
3. P
ROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.
4. P
ROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.
5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.
6. P
ROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.
7. P
ROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).
8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.
9. P
ROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.
11. The cost of maintenance, security, or protection performed by P ROJECT SPONSOR or third-
party contractors during any temporary suspen sion of activities associated with the P ROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.
12. PROJECT SPONSOR shall advertise, award and administer all professional services and construction contracts for PROJECT work not performed by PROJECT SPONSOR. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants.
13. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program. If ALAMEDA CTC determines that PROJECT SPONSOR has failed to fully comply with all LBCE Program requirements, including but not limited to meeting all reporting requirements in a timely manner, ALAMEDA CTC may take one or more of the following actions, until compliance or remedial action has been accomplished by the PROJECT SPONSOR to the satisfaction of ALAMEDA CTC:
a. Deem PROJECT SPONSOR to be noncompliant, and place PROJECT SPONSOR on a corrective action plan;
b. Impose sanctions on PROJECT SPONSOR, including suspension and termination of all ALAMEDA CTC funding assistance;
c. Decline approval of projects, grants, or contracts;
d. Withhold reimbursements to PROJECT SPONSOR for existing grants and contracts; and/or e. Other actions deemed appropriate by ALAMEDA CTC under the circumstances.
14. To facilitate ALAMEDA CTC’s monitoring of PROJECT SPONSOR’s compliance with the LBCE Program, PROJECT SPONSOR shall provide ALAMEDA CTC with drafts of (i) all procurement documents which address (or would be expected to address) LBCE Program or Disadvantaged Business Enterprise (DBE) participation goals and requirements (i.e., RFPs, RFQs, construction special provisions, and notices to bidders/proposers), in each case prior to advertisement, and (ii) PROJECT SPONSOR’s form professional services contract, prior to contract award.
15. P
ROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
16. P
ROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., quarterly or semi- annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.
17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:
Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.
18. P
ROJECT SPONSOR shall submit to ALAMEDA CTC a Prime Consultant/Contractor LBE, SLBE, and VSLBE Utilization Report with each of PROJECT SPONSOR’s invoices for the PROJECT, regardless of whether any reimbursable costs were incurred during the given period. The report shall include the AGREEMENT number, prime consultant/contractor name, the project title, scope of work, names of all subconsultants and their contract budgets and total costs incurred, and any additional relevant information requested by ALAMEDA CTC.
19. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
20. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this A GREEMENT.
a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.
b. P
ROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to the AIR DISTRICT or its authorized representatives for TFCA funds obligated by this AGREEMENT.
21. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT.
a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the AIR DISTRICT as a funding source and display the AIR DISTRICT-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the P
ROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the AIR DISTRICT as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this A
GREEMENT, through evidence such as photos of construction and vehicle Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
signage, copies of print, electronic and other media published to satisfy this requirement.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the AIR DISTRICT was credited as a funding source and the AIR DISTRICT-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.21 due to extraordinary circumstances.
22. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 7920.000 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.
23. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.
24. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. P ROJECT SPONSOR will comply with all
applicable state and federal laws and regulations.
25. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon A LAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of A LAMEDA CTC ADMINISTERED FUNDS before the A LAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.
26. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed an AIR DISTRICT financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of AIR DISTRICT’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed AIR DISTRICT financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed AIR DISTRICT performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.
27. For TFCA funds obligated by this A
GREEMENT, PROJECT SPONSOR shall return to
ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
28. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to ALAMEDA CTC when identified as applicable in Appendix C: Request for Reimbursement and Reporting Requirements. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.
SECTION II
ALAMEDA CTC AGREES:
1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.
3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.
4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.
5. A
LAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. That A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:
Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of P
ROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.
4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the P ROJECT covered by this
AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.
5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.
ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.
6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.
7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current AIR DISTRICT-approved TFCA County Program Manager Fund Policies included in Appendix G:
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the AIR DISTRICT upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable AIR DISTRICT TFCA Policies.
8. The laws of the State of California shall govern this AGREEMENT.
9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.
11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically pr ovided for in Appendix A: Project Control Information, and P ROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of A LAMEDA CTC ADMINISTERED FUNDS obligated by this A GREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditur es for the phase expected to be funded by A LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.
12. A
LAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.
13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.
ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.
14. Each Right-of-Way transaction which is funded either wholly or in part with A
LAMEDA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this A
GREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.
15. For the purposes of the following provisions, “A
LAMEDA CTC Share” shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
(i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by P
ROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA.
a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:
ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date A
LAMEDA CTC ADMINISTERED FUNDS were paid
to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC.
b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the P
ROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.
c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using A
LAMEDA CTC ADMINISTERED
FUNDS if the entirety of the acquired property is required for the PROJECT.
d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If P
ROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to A
LAMEDA CTC,
within one (1) year after the expiration of this ten (10) year period.
16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.
PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of A
LAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.
17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
18. Reimbursement to P
ROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to (i) failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, (ii) failing to file required progress reports in the time specified by this AGREEMENT, or (iii) failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to cure any such breach and comply with all provisions of this AGREEMENT.
20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless the AIR DISTRICT, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, from any liability imposed on the AIR DISTRICT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by A
LAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.
22. Nothing in the provisions of this A
GREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.
23. All legal actions by either party ag ainst the other arising from this A GREEMENT, or for the
failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.
24. Should it become necessary to enforce the terms of this A GREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the termination or expiration of this AGREEMENT. PROJECT SPONSOR has 90 days after the Agreement Expiration Date to submit complete and accurate invoices to ALAMEDA CTC to make final allowable payments for PROJECT costs in accordance with the terms of this AGREEMENT. Failure to submit complete and accurate invoices within this period of time shall result in a waiver by PROJECT SPONSOR of its right to reimbursement of expended costs for which invoices have not yet been submitted.
26. No delay or omission in the exercise of any right or remedy of either party on any breach or default by the other party shall impair such right or remedy or be construed as a waiver.
27. This A
GREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Section III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.
[Signatures on the next page]
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
CITY OF FREMONT
(PROJECT SPONSOR)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:
Brian Stott Date Assistant City Manager
Tony Tavares Date
Executive Director
Recommended
By:
Vivek Bhat Date
Deputy Executive Director of Projects
Reviewed as to Budget/Financial Controls:
By:
Patricia Reave y Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:
Approved as to Legal Form:
By:
By:
Rocio V. Fierro Date Senior Deputy City Attorney II
Fennemore LLP Date
Legal Counsel to ALAMEDA CTC
Alameda CTC Agreement No. A26-0116
Project No. 1665000
2026 PFA Version
LIST OF APPENDICES
APPENDIX A: P ROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summar y by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT
A
PPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
A
PPENDIX E: D ELIVERABLES AND DUE DATES
A
PPENDIX F: P ROJECT PERFORMANCE MEASURES
A
PPENDIX G: T RANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 TFCA County Pr ogram Manager Fund Policies and Insurance Requirements Appendix G-3 Air District TFCA Logos
Note: Appendix G is
only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 18
APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summar y by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 19
APPENDIX A-1
PROJECT DESCRIPTION
Project Description:
The PROJECT will install a bi-directional Class I trail facility on the north side of Grimmer Boulevard between Paseo Padre Parkway and Fremont Boulevard. As a significant upgrade from the existing Class II bike lanes, the new trail will be fully separated from vehicle traffic lanes and will provide local and regional active transportation local and regional destinations in the Fremont Downtown area and the Irvington District Area.
The PROJECT will connect to previously completed protected intersection at Fremont Boulevard and extend the existing Class IV bikeway along Grimmer Boulevard south of Fremont Boulevard/Grimmer Boulevard intersection.
The PROJECT is identified in the 2021 Fremont Trails Strategy Plan as a priority trail for implementation and serves to close an existing gap in the All Ages and Abilities Network as identified in the Fremont Active Transportation Plan. The project aligns with and is designated as a bikeway corridor in Alameda CTC's Countywide Bike Network Map (2022).
Project Location and Limits
North side of Grimmer Boulevard between Paseo Padre Parkway and Fremont Boulevard.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 20
APPENDIX A-2
PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:
CONSTRUCTION
Direct project implementation of the construction phase of the PROJECT as described in Appendix A-1.
Non-Participating Costs / Not Eligible for Reimbursement Costs not eligible for reimbursement by this AGREEMENT include, but are not necessarily limited to:
Costs incurred for services, fees, or amenities not related to the PROJECT scope that are funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT as the eligible scope is defined in Appendix A-1: Project Description and Appendix A-2: Project Scope Detail by Phase. Sponsor Staff/Labor costs unless otherwise defined as allowed in Appendix A-6: Project Cost Detail. Costs that are not direct project implementation costs, such as indirect costs or administrative costs
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 21
APPENDIX A-3
PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Construction 5/27 7/28
Project Closeout 8/28 9/28
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 22
APPENDIX A-4
PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds Sponsor
Funds
Total
Funding TFCA
CPM FYE27
Construction $285,000 $3,084,000 $3,369,000
Total
Project Cost $285,000 $3,084,000 $3,369,000
Notes:
1. ALAMEDA CTC ADMINISTERED FUNDS identified with a Note 1 are shown within this Project Cost Summary for funding plan informational purposes. These funds are not encumbered within this AGREEMENT.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 23
APPENDIX A-5
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds
Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage TFCA
CPM FYE27
Construction $285,000 $3,084,000 $3,369,000 N/A
Total Funding $285,000 $3,084,000 $3,369,000
Notes:
1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix A – Page 24
APPENDIX A-6
PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.
PHASE COST DETAIL
CONSTRUCTION TFCA
CPM FYE27
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $- $- $-
Contract(s)/Other Direct Costs $285,000 $3,084,000 $3,369,000 Total Phase Cost
(Staff + Contract Costs + Other Direct Costs) $285,000 $3,084,000 $3,369,000
Notes:
The costs and fund sources for all contracts for professional services or construction for the Project shall be shown in the “Contract(s)” line. “Other Direct Costs” consists of expenditures on such items as delivery services, printing services, and travel, where no RFPs/RFQs or bids are required. Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
Costs and funds may be moved between Contract(s) and Other Direct Costs through an Administrative Amendment pursuant to Section III.2 of this AGREEMENT, so long as (i) ALAMEDA CTC is notified in advance prior to any expenditures on either category in excess of the amounts then shown in this table, and (ii) any proposed amendment which changes the Total Costs for Contract(s) from zero to a positive number must be approved by ALAMEDA CTC prior to PROJECT SPONSOR seeking proposals, qualifications, or bids for such contract(s).
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix B – Page 1
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.
TABLE B-1
FUNDS OBLIGATED BY THIS AGREEMENT
AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
TFCA FYE27 Construction 5/28/2026 1/1/2027 Est.
12/7/2028 $285,000
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $285,000
Agreement Expiration Date: June 30, 2029
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.
2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. The earliest Allowable Start Date shown in this column represents the effective date of this AGREEMENT. The Allowable Start Date may be established as early as the Commission Approval Date of the allocation.
4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from the AIR DISTRICT, unless an extended deadline is approved at the time of programming, or an extension has been approved by ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement Alameda CTC has yet to receive funds from the AIR DISTRICT. Extended deadlines will be reflected in an amended Table B-1, once approved.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix C – Page 1
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports, and final closeout reporting requirements, as indicated below with an “X”.
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.
2. A progress report required regardless of whether expenses occurred or not during the reporting period.
REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and agreement amendment requests. Note that the format and required content of these forms is subject to change.
List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/
1. Request for Reimbursement (RFR) Form
2. Alameda CTC Progress Report Form
3. Alameda CTC Final Report Form
4. Amendment Request Form
REQUEST FOR REIMBURSEMENT AND REPORTING
FREQUENCY AND DUE DATES
Minimum Frequency Required Period Covered Due Dates
Quarterly (once every 3 months)
Request for Reimbursement ☐ Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31
st
By January 31st
By April 30th
By July 31st Alameda CTC Progress Report ☐
Semi-annually (once every 6 months)
Request for Reimbursement ☒ Quarters 1 & 2: 7/1 – 12/31 Quarters 3 & 4: 1/1 – 6/30
By January 31st
By July 31st Alameda CTC Progress Report ☒
Final Closeout Reporting
Final Request for Reimbursement ☒ Any work period eligible under Appendix B. By Agreement
Expiration Date Alameda CTC Final Report ☒ Entire project period.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix D – Page 1
APPENDIX D
LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.13, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.
LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a Project Sponsor’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. P
ROJECT SPONSOR shall obtain approval of any such substitution prior to the advertisement of any procurements potentially eligible for reimbursement under this AGREEMENT.
The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
Sample template language for professional and construction services contracts is available from A
LAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity
Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/
The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:
Seung Cho
Director of Contract Services and Operations
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix E - Page 1
APPENDIX E
DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates tables below reflect required deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain A
LAMEDA CTC ADMINISTERED FUNDS.
Additionally, PROJECT SPONSOR must also submit Request for Reimbursement forms and Progress Reporting as required per Appendix C.
Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Reports
(See Appendix C: Request for Reimbursements and Reporting Requirements) Per Appendix C
Construction
2 Documentation of insurance coverage (see Appendix G for minimum insurance requirements for TFCA-funded projects).
7/31/27 or with
First Invoice,
whichever is earlier
3 Photos of temporary construction signage (which includes the Alameda CTC logo and/or the Air District logo for TFCA funded projects). 1/31/28
4 Before and After photos of construction completion. 7/31/28 5 Confirmation of construction completion.
Ex. Copy of governing board acceptance, notice of completion or similar. 7/31/28
Final Closeout Deliverables
6 Documentation of completed publicity requirements per Section I.20.
Ex. Funding agency credit/logo usage on websites, articles, and construction signage. 1/31/29 7 Final Invoice
8 Final Report
Note:
Per Section III.12 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix F – Page 1
APPENDIX F
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.
Appendix F is Not Applicable.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 1
APPENDIX G
TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS
The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 TFCA County Pr ogram Manager Fund Policies and Insurance Requirements Appendix G-3 Air District TFCA Logos
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.
The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and Bay Area Air Quality Management District (Air District) to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per Air District requirements. It is not intended to reflect the number of years a capital project is expected to last.
TFCA Project Number:
27ALA06
TFCA
“Years of Effectiveness”:
10 years
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 3
APPENDIX G-2
TFCA COUNTY PROGRAM MANAGER FUND POLICIES AND INSURANCE REQUIREMENTS
Note: The referenced documents are available for view and download from Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to Bay Area Air Quality Management District, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to PROJECT SPONSOR.
AIR DISTRICT-APPROVED TFCA COUNTY PROGRAM MANAGER/40% FUND POLICIES
The PROJECT is to be consistent with the A
IR DISTRICT’S Board-Adopted Policies Commencing FYE 2027 for the County Program Manager (or 40%) Fund (Appendix D of AIR DISTRICT’s TFCA 40% Fund Expenditure Plan Guidance Commencing Fiscal Year Ending 2027 (“Air District TFCA 40% Guidance”)).
TFCA
INSURANCE REQUIREMENTS
The PROJECT is to comply with the below Alameda CTC insurance requirements for TFCA projects, as well as the Air District’s Insurance Guidelines (Appendix F of Air District TFCA 40% Guidance).
Verification of Coverage
PROJECT SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion. Certificates, policies and other evidence provided shall specify that A
LAMEDA CTC
and the Air District shall receive 30 days advanced notice of cancellation from the insurers.
Additionally, PROJECT SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by PROJECT SPONSOR for PROJECT.
Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, PROJECT SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:
1. Liability Insurance: With a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.
2. Property Insurance: In an amount of not less than the insurable value of PROJECT SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.
3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit of not less than $1 million.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.
ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 4
Air District TFCA 40% Guidance FYE 2027
Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA 40% Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.
The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The administering agency is not required to meet these requirements itself, unless it is acting as a Project Sponsor.
1. Liability Insurance:
Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.
Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.
2. Property Insurance:
New Equipment Purchases - an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
3. Workers Compensation Insurance:
Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.
4. Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. Administering agencies should contact the Air District liaison with questions, especially about unusual projects.
__________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 29
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 5
Air District TFCA 40% Guidance FYE 2027
__________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 30
Alameda CTC Agreement No. A26-0116
Project No. 1665000
Appendix G – Page 6
APPENDIX G-3
AIR DISTRICT TFCA LOGOS
PROJECT SPONSOR shall comply with all of the publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT, including TFCA funding, as detailed in the Recitals Section I-20 of this AGREEMENT.
A link to download Air District’s latest logos is available on Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>.
Physical decals for bike racks, signal boxes, and vehicles are available upon request to Alameda CTC staff, whose contact information is listed on Alameda CTC’s TFCA webpage.