Agenda Packet — Hayward City Council, May 7, 2024 (part 1 of 2)

Tuesday, May 7, 2024
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda

May 7, 2024City Council Agenda

CITY COUNCIL MEETING
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/86447330812?
pwd=tjRd86YvGpVj05IDlFBWY0MbTGhUzUn6Rls.heDs67S2J8dRJ1Z9 Meeting ID: 864 4733 0812
Password: CCm5/7@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 864 4733 0812
Password: 0645400610

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Andrews

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May 7, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

PRESENTATIONS
Asian and Native Hawaiian/Pacific Islander American Heritage Month Affordable Housing Month
Public Service Recognition Week (May 5-11, 2024)

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

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May 7, 2024City Council Agenda

CONSENT
Approve the Minutes of the City Council Meeting on April 16, 2024
MIN 24-0551.

Attachments: Attachment I Draft Minutes of 4/16/2024
Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation
Department to Provide Delinquency Prevention Network
Services and to Accept and Appropriate $233,441 from
Alameda County to Fund the Extension
CONS 24-2192.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions Authorizing the City Manager to Accept and Appropriate $246,855 from Alameda County Health Care
Services and $120,000 from the Hayward Unified School
District for School-Based Mental Health Care Services for Fiscal Year 2024 Through 2025 and to Negotiate and Execute
Agreements with Those Entities for Such Services
CONS 24-2203.

Attachments: Attachment I Staff Report
Attachment II ACHCSA Resolution
Attachment III HUSD Resolution
Adopt a Resolution Approving the Revised Community
Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Manager to Execute the Revised CWA
CONS 24-2224.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Community Workforce Agreement

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May 7, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services
Agency for Fiscal Year 2024 Through 2025 and Accept and Appropriate between $250,000 and $350,000 in
Reimbursements for Medi-Cal Administrative Activities
Services Provided by the City of Hayward
CONS 24-2265.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Submit an Application to California Department of Forestry and Fire Protection for the Urban and Community Forestry Grant
Program, Execute a Funding Agreement, and Accept and
Appropriate Funds if Awarded
CONS 24-2276.

Attachments: Attachment I Staff Report
Attachment II Resolution - Submission
Attachment III Resolution - Acceptance & Appropriation Adopt a Resolution Approving Addendum No. 1, Rejecting the Bid Protest and Awarding a Construction Contract to Radius Earthwork, Inc., in the Amount of $4,529,499 for the Main Street Complete Street Project, Project No. 05283, and
Appropriating Additional Funds in the Amount of $2,604,499 CONS 24-2307.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Bid Results Summary
Attachment IV Sposeto Bid Protest & Earthwork Response
Attachment V Radius Earthwork Information After Bid Opening Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $250,000 in One Bay Area Grant Program Funds from Alameda County Transportation Commission for the
Development of a Community Based Transportation Plan,
Project 06940
CONS 24-2318.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Map of Census Tracks

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May 7, 2024City Council Agenda
Adopt a Resolution in Support of the College Heights (formerly Bayview Quarry Village) Concept Project
CONS 24-2339.

Attachments: Attachment I Staff Report
Attachment II Resolution College Heights
Attachment III Powerpoint College Heights

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Capital Improvement Program Work Session: Review of
Recommended Capital Improvement Program for Fiscal Year 2025 - Fiscal Year 2034 (Report from Public Works Director Ameri)
WS 24-01410.

Attachments: Attachment I Staff Report

LEGISLATIVE BUSINESS
Water and Wastewater Enterprise Revenue Bond Law:

Introduction of an Ordinance Adding Article 22 to the Chapter 8 of the Hayward Municipal Code regarding Water and
Wastewater Enterprise Revenue Bond Law; Finding that this Action is Subject to CEQA Common Sense Exemption (Report from Finance Director Gonzales and Public Works Director Ameri)
LB 24-01311.

Attachments: Attachment I Staff Report
Attachment II Draft Ordinance

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

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May 7, 2024City Council Agenda

ADJOURNMENT
NEXT SPECIAL MEETING, May 11, 2024, 8:30 AM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-055
DATE: May 7, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on April 16, 2024

RECOMMENDATION
That the Council approves the City Council meeting minutes of April 16, 2024.

SUMMARY
The City Council held a meeting on April 16, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 4/16/2024
CITY OF HAYWARD Printed on 5/3/2024Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pursuant to Government Code section 54953, the meeting included a teleconference location at Crowne Plaza Times Square Manhattan, 1605 Broadway, New York, New York 10019. Council Member Bonilla Jr. participated via teleconference. The agenda was posted at the teleconference location and the public had an opportunity to address the Council.

Pledge of Allegiance: Council Member Roche

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on April 16, 2024, at 5:30 p.m., with all members present, Council Member Bonilla Jr. attending remotely per Government Code section 54953, and no public speakers, regarding five items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(2) regarding one matter alleging potential violation of the California Voting Rights Act; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Jack Wu, et al. v. City of Hayward, Alameda County Superior Court Case Number 24CV070229; 3) conference with property negotiators pursuant to Government Code section 54956.8 regarding Lord Tennyson Apartments, located at 2191 W.

Tennyson Road, Hayward, 94545; 4) conference with legal counsel pursuant to Government Code section 54956.9(d)(2) and 54956.9(e)(2) regarding one case; and 5) conference with property negotiators pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 2: Mission Boulevard and Tennyson Road; APNs: 078C-0461-010-00, 078C-0461-011- 00, 078C-0461-012-00, 078C-0461-013-00, and 078C-0461-014-00; Caltrans Parcel Group 3:

Adjacent to Tennyson Road, East 16 th Street and Calhoun Street; APNs: 078C -0626-003-16, 078C-0626-003-09, 078C -0626-001-07; Caltrans Parcel Group 4: APNs: 078C -648-01-01, 078C-0800-029, 078C -0800-030, 078C -0800-031, 078C -0800-032, 078C -0800-033, 078C - 0800-034, 078C -0800-035, 078C -0800-036, 078C-0800-037, 078C -0800-038, 078C -0800- 039, 078C-0800-040, 078C-0800-041, 078C-0800-042, 078C-0800-043; Caltrans Parcel Group 5: Maitland Drive, Bunker Hill Court, Bunker Hill Boulevard and Central Boulevard; APNs: 445- 0250-041-01, 445 -0260-084-03, 445 -0260-018-04, 445 -0270-054-02, 445 -0250-060-00, 445-0250-059-01, 445-0260-109-04, 445-0260-018-03, 445-0260-109-03, 445-0260-002-00; Caltrans Parcel Group 6: Carlos Bee Boulevard and Overlook Avenue; APN: 455-0180-001-00; Caltrans Parcel Group 8: Grove Way; APNs: 415-0180-070-00, 415-0180-068-01, 415-0180- 076-00, 415 -0180-084-01, 415 -0180-073-00, 415 -0180-074-00, 415 -0180-075-00, 415 - 0180-072-00, 415 -0180-071-00, 415-0180-069-01, 415 -0190-064-00, 415 -0180-083-01, 2 | A p r i l 16 , 202 4
415-0180-080-00, 415-0180-082-01, 415-0180-081-01; and Caltrans Parcel Group 9: Apple and Oak Streets; APNs: 415 -0160-001-00, 415 -0160-002-00, 415-0160-003-00, 415-0160- 004-00, 415 -0160-005-00, 415 -0160-006-00, 415 -0160-007-00, 415 -0160-008-00, 415 - 0160-009-00, 415 -0160-010-00, 415 -0170-002-00, 415 -0170-003-00, 415 -0170-004-00, 415-0170-005-00, 415-0170-006-00, 415-0170-007-00, 415-0170-008-00, 415-0170-009-00, 415-0170-010-00, 415-0170-011-00, 415-0170-012-00.

City Attorney Lawson reported as follow: Item 1 ) the Council acknowledged the “cure and correct” posting of its March 19, 2024 closed session agenda; Item 2 ) the Council discussed the case but took no reportable action and it is noted that the item is related to the regular agenda item which recommends adoption of a resolution of intention to convert to district elections; Item 3 ) the Council discussed the case and gave direction to staff but took no reportable action; Item 4) the Council discussed facts and circumstances related to a dispute with the owner of property located at 926 B Street, Hayward, also known as the Dirty Bird Lounge, and gave direction to staff but took no reportable action; and Item 5) the Council did not discuss the item which w as rescheduled for a later date. The closed session adjourned at 6:50 p.m.

PRESENTATIONS

Mayor Salinas read a proclamation declaring the week o f April 21 through 27, 2024, as National Crime Victims’ Rights Week in the City of Hayward. District Attorney of Alameda County, Pa mela Price , and Victim -Witness Assistance Division Director, Kristina Molina , thanked the City for the special recognition and accepted the proclamation on behalf of the District Attorney’s Victim- Witness Services.

Mayor Salinas read a proclamation declaring the month of April 2024 as Arab American Heritage Month in the City of Hayward. American Association of Yemeni Students and Professionals (AAYSP) Program Manager Amani Hassan and AAYSP Program Coordinator Aisha Homran, accepted the proclamation on behalf of AAYSP. Library Director Jayanti Addleman also accepted the proclamation on behalf of the Hayward Library and urged everyone to embrace and learn about Arab American culture.

Mayor Salinas announced the City of Hayward’s Annual Earth Day Poster and Writing Contest awards presentation, noting 2024 marked the 41st year of Hayward’s celebration of Earth Day, and added the annual Citywide Clean -Up Day was on April 20, 2024, at Weekes Park. He thanked staff from Environmental Services and the judges from the Hayward Arts Council who evaluated 487 entries and selected the winners. Council Members and members of the Council Sustainability Committee, Roche, Andrews, and Zermeño announced the winners of the Earth Day Poster and Writing Contest for grades kindergarten through high school. Second place winners received a $150 gift card, and first place winners received a $200 gift card. Teachers of essay and poster winners were also recognized; each teacher with a first- place poster or writing winner received a $100 gift card and a $75 gift card for a second place winner. Mayor Salinas drew names for two bonus prizes of $200 each. All students, teachers, and families were congratulated for their participation.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

The City Council took a recess and Mayor Salinas reconvened the meeting at 8:16 p.m.

PUBLIC COMMENTS

TJ, with Hayward Concerned Citizens , urged support for the Hayward Animal Shelter by expanding affordable spaying and neutering services to manage the feral population; suggested that future Council Public Safety Committee meetings be widely publicized and include live broadcasting; and highlighted a recent rise in violent crimes, advocating for increased public safety measures and public participation in reporting crimes.

Mary Anne Reno highlighted the historical significance of April as Fair Housing Month ; and invited the community to an open house hosted by Eden Council for Hope and Opportunity (ECHO Housing) on April 18, 2024, at their downtown Hayward office on Second Street.

CITY MANAGER’S COMMENTS

City Manager McAdoo made two announcements: 1) the "Homegrown in Hayward" project, part of a Hayward People's Budget Project, on April 27, 2024, at Bidwell Park, will feature a planting event for all ages; and 2) the annual Citywide Cleanup Day on April 20, 2024, at Weekes Park will include a celebration of Earth Day and a Community Fair.

CONSENT

1. Approve the Minutes of the City Council Meeting on March 26, 2024 MIN 24-047 It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously to adopt the City Council meeting minutes of March 26, 2024.

2. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $100,000 in Donations for Hayward Police Department Programs Annually Through the End of Fiscal Year 2026 CONS 24-178

Staff report submitted by Police Chief Matthews, dated April 16, 2024, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
4 | A p r i l 16 , 202 4

Resolution 24-064 “Resolution Authorizing the City Manager to Accept and Appropriate up to $100,000 in Donations for Hayward Police Department Programs Annually through the End of Fiscal Year 2026”

3. Adopt Resolutions Authorizing the City Manager to Apply for a United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project in an Amount up to $260 Million, and Authorize Payment of WIFIA Loan Application Fee in the Amount of $100,000 CONS 24-179

Staff report submitted by Public Works Director Ameri, dated April 16, 2024, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-065, “Resolution Authorizing the City Manager to Apply for a United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project, the WRRF Administration and Lab Project and the Primary Effluent Equalization Facility Project”

Resolution 24 -066, “Resolution Authorizing the Payment of United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan
Application Fee in the Amount of $100,000 for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project, the WRRF Administration and Lab Project and the Primary Effluent Equalization Facility Project”

4. Adopt a Resolution Authorizing the City Manager to Execute a Funding Agreement, Accept $600,000 in Environmental Protection Agency San Francisco Water Quality Improvement Fund Grant Funds, and Appropriate $600,000 to the Nature-Based Solution Feasibility Study Project No. 07809 in Fund 612 Sewer Improvement Fund CONS 24-181

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

Staff report submitted by Public Works Director Ameri, dated April 16, 2024, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-067, “Resolution Authorizing the City Manager to Execute a Funding Agreement, Accept $600,000 in Environmental Protection Agency (EPA) Grant Funds, and Appropriate $600,000 from Fund 612 to the Nature Based Solutions Feasibility Study Project No. 07809 at the Water Resource Recovery Facility”

5. Adopt a Resolution Authorizing the Transfer and Appropriation of $275,000 from Measure C Capital Fund (Fund 406) to Fleet Replacement Fund (Fund 736, Project 07302) and the Procurement of an Aerial-Lift Forestry Bucket Truck from Altec Inc. CONS 24-185

Staff report submitted by Maintenance Services Director Rullman, dated April 16, 2024, was filed.

It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24 -068 “Resolution Authorizing the Transfer and Appropriation of $275,000 from Measure C Capital Fund (Fund 406) to Fleet Replacement Fund (Fund 736, Project 07302) and the Procurement of an Aerial -Lift Forestry Bucket Truc k from Altec Inc.”
6 | A p r i l 16 , 202 4

WORK SESSION

6. Council Appointed Officials: Review of Roles of Commissions and Task Forces WS 24-006

Staff report submitted by Assistant City Manager Youngblood , dated April 16, 2024, was filed.

City Manager McAdoo announced the item and introduced Assistant to City Manager Thomas who provided a synopsis of the staff report.

Mayor Salinas opened the public comment at 8:19 p.m.

Hayward Youth Commissioners, Josue Barrera, Alicia Saenz, and Phylis Essandoh, promoted service through the Hayward Youth Commission and encouraged the youth to join the Commission by applying or contacting the City Clerk.

Keep Hayward Clean and Green Task Force (KHCGTF) Member Douglas Mansel supported the continuation of the KHCGTF, emphasizing its benefits in community cleanups, educational outreach at street fairs, and providing service opportunities for local students.

KHCGTF Vice Chair Tom Ferreira spoke in support of the KHCGTF , highlighting the group’s commitment to supporting and educating residents on sustainability; advocated for the Adopt- A-Block program, encouraging community participation; and highlighted the KHCGTF focus on education at community events.

KHCGTF Member Melissa Milleman shared her concerns about the potential reduction of KHCGTF activities, emphasizing the value of their expanded efforts beyond trash pickup; and highlighted the positive community response to the programs.

KHCGTF Chair Jeffrey Haman detailed the KHCGTF’s efforts in preserving the environment and enhancing Hayward's visual appeal through community collaborations, educational initiatives and supporting green policies; and urged for Council’s continued support of the KHCGTF.

Community Services Commissioner Jesse Gunn emphasized the need for protocols to ensure the successful implementation of Council-approved policies; highlighted the critical role of funding in the commission's work, but also pointed out the value of passionate volunteers who contribute to neighborhood and City improvements; and hoped for a commissions mechanism to seek permission, tackle problems, and remain advisory bodies.

Community Services Commission Parliamentarian, Collin Thormoto, urged the Council to recognize the potential of commissions and task forces beyond their official capacities; voiced concerns over proposals to limit the scope of these bodies; and proposed expanding the roles of these groups to foster greater community engagement and policy development in areas such as environmental justice and education.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

Mayor Salinas closed the public comment at 8:39 p.m.

Members of the KHCGTF were acknowledged for their service and comments.

Discussion ensued among members of the City Council and City staff . Members of the City Council expressed general support for the Mayor to form an ad hoc committee for the purpose of the following: evaluate the number of members for the KHCGTF and Community Services Commission (CSC) taking into account quorum attainment and more efficient meetings; evaluate frequency of cleanups to optimize engagement while preserving impactful community events such as Earth Day ; review mission statements to ensure they are in alignment with Council’s expectations and priorities to ensure commissions are focused and effective; consider how the CSC can focus its attention on community issues, such as the overrepresentation of the black community in homelessness; review the role of Hayward Youth Commission (HYC) representatives on the KHCGTF and HYC interactions with the Hayward Local Agencies Committee (HLAC); consider how the Library Commission and CSC can work together in addressing neighborhood and equity issues at the Weekes Branch; explore the CSC’s purview beyond the community funding process to assist with a variety of community services aligned with their scope of service; review the Library Commission's current function; consider reducing the frequency of Library Commission meetings or merging it with another commission to increase efficiency and reduce staff load; review functions and configurations of City commissions; reassess the scope, function, and size of City commissions; consider a code of conduct for commissioners, highlighting concerns about inappropriate behavior on social media that negatively impacts the Council's relationship with the community; It was also recommended to seek input from KHCGTF and CSC members about reducing the number of members; it was emphasized that minimal reduction could maintain geographic representation while not impacting meeting quorum; it was acknowledged the CSC expanded its mission beyond its original scope, contributing to significant community improvements; it was noted a preference to wait until the work session on a public art fee is held before considering removing arts and music funding from the funding process; it was noted the need for the CSC to focus on its core responsibilities rather than expanding into broader community advocacy roles traditionally held by other organizations; and commissioners were encouraged to participate in public comment independently of their commission’s collective voice, ensuring their personal perspectives are heard.

Council Member Andrews, also the Council liaison to the KHCGTF, supported the KHCGTF in their preference for maintaining a larg er number of members in the KHCGTF, suggesting a minimum of 15 to 20 members due to the physical nature of their cleanup activities.

There was consensus to pause this year’s recruitment for KHCGTF and CSC and wait to receive the recommendation from the ad hoc committee in terms of member size.

8 | A p r i l 16 , 202 4

7. Stack Center Project: Update on Phasing and Funding Gap WS 24-010

Staff report submitted by Assistant City Manager Youngblood, dated April 16, 2024, was filed.

Assistant to City Manager Thomas provided a synopsis of the staff report.

There being no public comment, Mayor Salinas opened and closed public comment at 9:34 p.m.

Discussion ensued among members of the City Council and City staff about the funding gap for Phase II (core and shell & first floor spaces) of the Stack Center project; the Governance Group comprising the City, Alameda County and Hayward Area Recreation and Park District (HARD); and the insufficient fundraising capacity within project partners to raise donations of $100,000.

Members of the City Council offered the following comments: display the public art done by the Youth Advisory Group on different public sites; retain a café within the new South Hayward Youth and Family Center project (Stack Center), as is essential for providing a communal indoor space in Hayward and a long -standing community desire ; collaborat e with Economic Development to ensure the café’s inclusion; recognize the disparity in amenities across different parts of the City, and incorporate attractive lighting to enhance equity; include an economic development aspect to the business planning; use proceeds from the sale of City - owned properties, specifically the City Center, to cover the funding gap for the project, rather than relying on future Measure C funds; close the funding gap using Measure C funds to cover the $14,329,098 with replenishment of funds, highlighting the importance of not scaling down the project's amenities to only include those covered by the grant; invest $70,000 for an outside business consultant to develop a sustainable business model for the S tack Center and potentially generate significant revenue or additional funding ; consider fonts beyond the proposed for the sign; develop a robust business plan for the sustainability of the Stack Center; note the importance of fulfilling the commitments made to the community, which were based on extensive public input; hire a consultant if it could enhance fundraising strategies or identify more effective ways to generate revenue for the project ; address equity concerns in the Tennyson corridor of South Hayward; note the need for additional meeting spaces within the center; note the importance of continuous fundraising efforts, including grant applications, to ensure the project's completion; and make sure to keep the Council informed of any funding changes related to the project.

LEGISLATIVE BUSINESS

8. Municipal Elections: Adopt a Resolution of Intention to Transition from At-Large Election of the Mayor and City Council to District -Based Elections Beginning with the 2026 Election Cycle LB 24-011

Staff report submitted by City Clerk Lens, dated April 16, 2024, was filed.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

Senior Assistant City Attorney Vigilia provided a synopsis of the staff report.

There being no comments by members of the Council, Mayor Salinas opened the public hearing at 10:03 p.m.

Jack Wu, the plaintiff in a lawsuit against the City of Hayward over district elections, criticized the City for delaying the implementation of district elections which he argued suppresses Asian representation in Hayward; asserted that the City's proposed resolution to delay districting until 2026 serves the interests of incumbents rather than the community; and urged the Council to adopt a resolution for implementing district elections by November 2024 or, failing that, to establish an independent redistricting commission.

Sara Lamnin commended the Council's commitment to community engagement; hoped the City would be able to apply for the additional 90-day extension; suggested utilizing established best practices and tools like AC Transit's process and the State of California's community of interest maps for the redistricting process; encouraged collaboration with the school district and local organizations to ensure inclusive and informed community participation; and urged forming a group from City commissions to meet before and after the maps are created to provide independent guidance for the map creation.

Scott Rafferty highlighted Hayward as the largest city in California yet to transition to district elections, stressed the importance of implementing district elections in a presidential election year to maximize minority voter turnout; drew on his experiences with similar initiatives in other cities; and noted it was feasible for the City to transition in 2024.

Mary Anne Faue expressed concerns about transitioning from at -large to district -based elections in Hayward, fearing that such a change could disrupt the sense of unity and community collaboration that has characterized the City's governance.

Mayor Salinas closed the public hearing at 10:12 p.m.

Council Member Roche offered a motion to move the item hoping for as inclusive of process as possible taking into consideration communities of interest and providing interpretation services at public hearings.

Council Member Syrop seconded the motion noting the condensed timeline was not ideal but stressed the importance of community input to ensure the transition is done correctly and was concerned about staff workload hoping leverage of community partners to help with the process.

Council Member Andrews echoed the comments made by members of the Council , acknowledged Mary Anne Faue’s comments, and hoped for continued camaraderie among her 10 | A p r i l 16 , 202 4
colleagues.

Council Member Goldstein noted given time constraints with deadlines given by the Alameda County Registrar of Voters, and while there was a desire to comply with the law, he noted the City might not be able to transition until 2026.

Council Member Zermeño urged for the process to be a community-centered process.

Mayor Salinas did not think this was what the framers of the California Voting Rights Act had in mind, noting the City was forced to engage in the process.

It was moved by Council Member Roche, seconded by Council Member Syrop, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
NOES: MAYOR Salinas
ABSENT: None
ABSTAIN: None

Resolution 24-069 “Resolution of the City Council of the City of Hayward Declaring its Intent to Transition from at -Large to by - District Council Member Elections Under Elections Code § 10010”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Roche announced the Hayward Public Library's multilingual story times for children, available in English, Spanish, Chinese, and American Sign Language; and encouraged the community to visit the library’s calendar online.

Council Member Syrop announced an upcoming photo exhibition featuring artwork from City staff, set to be displayed at the John O’Lague Galleria at City Hall from June 5, 2024, to October 9, 2024.

Council Member Andrews announced the Equity and Antiracism in Education Resource Summit at the Chabot College Event Center on April 27, 2024.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 10:21 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 16, 2024, 7:00 p.m.

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-219
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation Department to Provide Delinquency Prevention Network Services and to Accept and Appropriate $233,441 from Alameda County to Fund the Extension

RECOMMENDATION
That the City Council: (1) adopts a resolution (Attachment II) authorizing the City Manager to extend an agreement with the Alameda County Probation Department through December 31, 2024, to provide Delinquency Prevention Network services and; (2) accepts and appropriates $233,441 from Alameda County to fund the extension.

SUMMARY
Since the 1970s, the Youth and Family Services Bureau (YFSB) has had contracts with the Alameda County Probation Department to provide mental health services to youth who are justice system- involved or at elevated risk of system involvement. In 2019, the City was awarded a three-year contract to begin providing additional services beyond mental health counseling and implemented new Diversion, Life Skills, and Restorative Justice programming. In 2022, the contract was extended through February 29, 2024.

In January 2024, the City was notified by the County of their intent to extend the contract for an additional 8 months and increase the total amount of funding at the same rate as the previous five years of the contract. As a result of rising costs to the City to provide the contracted services, a request was made to also increase the amount of funding in the new contract amendment. To allow the County time to consider the request for increased funding, an Extension of Time amendment was completed in February 2024, adding an additional 10 months to the contract term (through December 2024). In April 2024, the City was notified that our request for additional funding in the amount of $233,441 for the 10 month extension was approved, reflecting an 18% increase over the amount originally awarded for the extension.

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Council approval is requested to authorize the City Manager to accept and appropriate the additional revenue from the Alameda County Probation Department to continue the important work of providing Diversion, Life Skills and Restorative Justice services to youth who are system-involved or at elevated risk of justice system involvement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/3/2024Page 2 of 2
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DATE: May 7, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement With the Alameda County Probation Department to Provide Delinquency Prevention Network Services and to Accept and Appropriate $233,441 From Alameda County to Fund the Extension

RECOMMENDATION

That the City Council: (1) adopts a resolution (Attachment II) authorizing the City Manager to extend an agreement with the Alameda County Probation Department through December 31, 2024, to provide Delinquency Prevention Network services and; (2) accepts and appropriates $233,441 from Alameda County to fund the extension.

SUMMARY

Since the 1970s, the Youth and Family Services Bureau (YFSB) has had contracts with the Alameda County Probation Department to provide mental health services to youth who are justice system-involved or at elevated risk of system involvement. In 2019, the City was awarded a three-year contract to begin providing additional services beyond mental health counseling and implemented new Diversion, Life Skills, and Restorative Justice programming.

In 2022, the contract was extended through February 29, 2024.

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Council approval is requested to authorize the City Manager to accept and appropriate the additional revenue from the Alameda County Probation Department to continue the important work of providing Diversion, Life Skills and Restorative Justice services to youth who are system-involved or at elevated risk of justice system involvement.

BACKGROUND

YFSB’s central mission is to ensure Hayward’s richly diverse youth and families feel safe, supported, and experience community connectedness and general wellbeing. YFSB’s groundbreaking model of integrating youth serving systems across Hayward, including embedding mental health clinicians in a police department setting, allows YFSB to meaningfully improve the well-being of youth and families by maintaining alignment across the systems with which families have contact. This is achieved through offering comprehensive, culturally responsive services and opportunities that promote family stability and prevent juvenile justice involvement through empowering families to build on their strengths, supplement needs and create pathways to achieving goals. For nearly 45 years, the Bureau has successfully done this supporting thousands of families to address challenges and improve their individual and family functioning. Less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year.

Since the 1970s, YFSB’s core service of providing mental health counseling to youth and families who are either system-involved or at elevated risk of system involvement has been primarily funded through a contract with the Alameda County Probation Department for Delinquency Prevention Network (Youth Service Center) services. In April of 2018, the Probation Department in partnership with the Alameda County General Services Agency released a Request for Proposals (RFP) to expand the Delinquency Prevention Network beyond the mental health counseling that had always been offered and begin funding Diversion, Life Skills, and Restorative Justice Services. As part of a competitive bid process to identify the most qualified service providers to deliver these services in specified geographic regions Countywide, Hayward was identified as Service Area Two. Through the RFP, the County outlined both general and specific requirements for contractors.

The general requirements specified that services utilize evidence-based practices and incorporate the following approaches:

- Trauma Informed Care Approach, which recognizes the long-lasting impact of trauma, including historical trauma, and implements services and interventions accordingly; - Positive Youth Development Approach, which values and honors the strengths that youth and families possess as the basis of what is needed to achieve their goals; and - Cultural Responsiveness Approach, which emphasizes the importance of developing policies, systems and structures that are relevant for families across racial/ethnic identities as well as gender, sexual orientation, language capacity, socioeconomic status, exposure to trauma, migration, and other factors that directly impact culture.

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Additionally, an emphasis was placed on the provision of services that were developmentally appropriate for youth and focused on utilizing social support and building coping strategies to encourage success.

The specific requirements of the RFP sought contractors to provide the following services:

- Diversion services and programs specifically structured to prevent formal entry into the juvenile justice system and work with local school districts to develop site-specific alternatives to suspension programming;
- Life Skills and Support Services to enhance a youth’s ability to live independently and provide skills and opportunities that are critical to success, such as tangible life skill development, and pro-social engagement. These programs include service coordination/system navigation and case management services; and - Restorative Justice programs that utilize restorative practices to facilitate accountability strategies, which encourage youth to take responsibility and make amends for the harm caused within their communities. Services are intended for youth both in and out of custody.

In Summer 2018, YFSB completed the application and interview process to provide the services outlined above to 115 youth annually. In November 2018, annual funding in the amount of $237,500 was awarded to provide the proposed services. In May 2019, the City received a Standard Services Agreement from the County specifying a three-year contract award (March 1, 2019 through February 28, 2022) for $712,500 in total funding with an option to extend an additional two years. The contract extension was executed in January 2022 bringing the total amount of funding over the five-year contract term (through February 29, 2024) to $1,187,500.

In January 2024, the City was notified by the County of their intent to extend the contract for an additional 8 months and increase the total amount of funding at the same rate as the previous five years of the contract. As a result of rising costs to the City to provide the contracted services, a request was made to also increase the amount of funding in the new contract amendment. To allow the County time to consider the request for increased funding, an Extension of Time amendment was completed in February 2024, adding an additional 10 months to the contract term (through December 2024). In April 2024, the City was notified that our request for additional funding in the amount of $233,441 for the 10 month extension had been approved, reflecting an 18% increase over the amount originally awarded for the extension.

This funding will offset the cost of the 1.5 Full Time Equivalent (FTE) Service Coordinators (Lead Program Assistants), 0.2 Full Time Equivalent (FTE) Family Counselor, 0.3 Full Time Equivalent (FTE) Counseling Supervisor, and 0.5 (FTE) other administrative support required to provide the contracted services.

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Research clearly shows that being arrested in adolescence significantly increases the likelihood of subsequent arrests.1 Consistent with best practices on the most effective ways to serve youth and families and prevent escalating contact with the juvenile justice system, the YFSB Delinquency Prevention Network (Programs) services address the root causes underlying youth behaviors that result in contact with law enforcement. Program evaluation of YFSB’s Diversion, Life Skills and Restorative Justice Services shows that 80.6% of clients served during the initial five years of the contract reached their target outcomes as measured using the Partners for Change Outcome Management System (PCOMS).

DISCUSSION

The Youth and Family Services Bureau programs have successfully served Hayward youth and families from within the police department for more than four decades. At a time when the needs of families are only increasing, it is more important than ever to maintain critical mental health and other support services for youth. Moreover, as the field of law enforcement strives to be responsive to the needs of the community, programs like YFSB that prioritize the use of social services can be part of the solution. The services that will be provided under the recommended agreement have been developed in partnership with the Alameda County Probation Department. They reflect best practices for keeping youth positively engaged in the community and preventing involvement with the juvenile justice system.2,3 Moreover, the program model allows for universal access to services with all City of Hayward residents being eligible to participate at no cost, regardless of insurance or immigration status. Services like those provided by YFSB have been shown to mitigate the negative impacts of arresting youth during adolescence, including reducing the likelihood of future arrest or incarceration and increasing school enrollment and graduation rates.4 Consistent with this research, less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year.

Components of YFSB Delinquency Prevention Network (Programs) Services – March 1, 2024 through December 31, 2024

- Diversion services and programs to prevent formal entry into the juvenile justice system. Program components include individual and group diversion meetings for youth who are arrested for first time or minor offenses or who receive citations for marijuana use pursuant to Proposition 64 and Alternative to Suspension group services delivered at Hayward Unified School District middle schools;

1 The Annie E. Casey Foundation. (2020). Research in Brief to Transform Juvenile Probation: Expand the Use of Diversion from the Juvenile Justice System. Baltimore, MD: Author. Retrieved from https://www.aecf.org/resources/expand-the-use-of-diversion-from-the-juvenile-justice-system/ 2 Josh Weber, Michael Umpierre, and Shay Bilchik, Transforming Juvenile Justice Systems to Improve Public Safety and Youth Outcomes (Washington, DC: Georgetown University Center for Juvenile Justice Reform, 2018). 3 The Annie E. Casey Foundation. (2018). Transforming Juvenile Probation: A Vision for Getting it Right. Baltimore, MD: Author. Retrieved from https://www.aecf.org/resources/transforming-juvenile-probation/ 4 Cauffman, E., Beardslee, J., Fine, A., Frick, P.J., & Steinberg, L. (2020). Crossroads in Juvenile Justice: The Impact of Initial Processing Decision on Youth Five Years after First Arrest. Development and Psychopathology.

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- Life Skills and Support Services to enhance a youth’s ability to live independently and provide skills and opportunities that are critical to their success, such as tangible life skill development, and pro-social engagement;
- Service coordination/system navigation and case management services, including Educational Support Services and participation in Coordination of Services Teams (COST) to connect youth and families to community resources, address basic needs and remove barriers to program success; and
- Restorative Justice programs for youth who are in custody at Camp Sweeney and Juvenile Hall, or are returning to the community after time in custody, that utilize restorative practices to facilitate accountability strategies, which encourage youth to take responsibility and make amends for the harm caused within their communities.

Program Sustainability
It is anticipated that these programs will be able to continue for many years to come. County financing comes from state allocations for Juvenile Probation Activities Funding and is a recurring expenditure in the County’s operating budget.

The services that will be provided under the recommended agreement are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Addressing the root causes underlying youth behavior problems, such as mental health challenges, family functioning issues, school engagement problems, and insufficient access to positive activities and supports are critical components to encourage youth success and prevent contact with law enforcement. For youth who do encounter law enforcement, these services give officers more options and minimize formal processing in the juvenile justice system. This has a clear nexus with public safety and contributes to the overall wellbeing of Hayward families.

ECONOMIC IMPACT
As stated under DISCUSSION, above, improving community safety and keeping youth out of the juvenile justice system by supporting them to lead productive and healthy lives will have a positive economic impact for the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City which attracts residents and local businesses.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q17: Continue to provide family support programs through the Youth and Family Services Bureau.

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FISCAL IMPACT

With the acceptance and appropriation of $233,441 awarded as part of the recommended amendment, the City will have received a total of $1,420,941 for DPN Program services from March 2019 through December 2024, spanning six fiscal years. The 2.5 FTE that support services discussed in this staff report are included in the City’s FY 2024 Operating Budget.

Accepting and appropriating these funds will help to offset the cost of these budgeted positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) program. Any remaining net costs to the City’s General Fund are included in the annual operating budget.

NEXT STEPS

If the Council authorizes this action, staff will work to: 1) amend the agreement with Alameda County Probation Department for Delinquency Prevention Network (Programs) services through December 2024; and 2) accept and appropriate $233,441 and 3) continue providing essential mental health services to Hayward youth and families.

Prepared by: Emily Young, YFSB Administrator

Recommended by: Bryan Matthews, Chief of Police

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____
Introduced by Council Member______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND EXTEND

AN AGREEMENT WITH THE ALAMEDA COUNTY PROBATION DEPARTMENT

TO PROVIDE DELIQUENCY PREVENTION NETWORK SERVICES AND TO ACCEPT AND APPROPRIATE $ 233,441 FROM ALAMEDA COUNTY TO FUND

THE EXTENSION

WHEREAS, the Hayward Police Department’s Youth and Family Services Bureau (YFSB) has a long -standing history of providing delinquency prevention services to youth and families at risk of juvenile justice involvement; and

WHEREAS, in 201 9, the YFSB was awarded a three -year contract with the Alameda County Probation Department to provid e Diversion, Life Skills and Restorative Justice services as part of the Delinquency Prevention Network; and

WHEREAS, in 2022, the contract was extended through February 29, 2024; and

WHEREAS, in February 2024, the contract was extended through December 31, 2024; and

WHEREAS, in April 2024 , the City was notified that additional funding was being awarded for the 10-month extension; and

WHEREAS, amending the agreement with the Probation Department is necessary to continue to provide these services and generate the associated revenue.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute contracts, and any supporting documents, with the Alameda County Probation Department for services provided by the Hayward Police Departme nt’s Youth and Family Services Bureau ; and hereby approves the amendment of the City of Hayward Budget Resolution by accepting and appropriating grant funds in the amount of $233,441.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-220
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt Resolutions Authorizing the City Manager to Accept and Appropriate $246,855 from Alameda County Health Care Services and $120,000 from the Hayward Unified School District for School-Based Mental Health Care Services for Fiscal Year 2024 Through 2025 and to Negotiate and Execute Agreements with Those Entities for Such Services

RECOMMENDATION
That the Council adopts resolutions (Attachment II and Attachment III) authorizing the City Manager to execute agreements with the Alameda County Health Care Services Agency (ACHCSA) and the Hayward Unified School District (HUSD) to accept and appropriate $246,855 and $ 120,000, respectively, for school-based mental health care services provided by the City in fiscal year 2024 through 2025.

SUMMARY
Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools.

The key components of the program include:
· Mental health counseling and clinical case management services for youth and families; · Therapeutic and positive youth development groups;
· Mental health consultation and classroom support for teachers, administrators and other school staff;
· Workshops, support groups and other consultation for parents/caregivers; · Mental health crisis response in the aftermath of school-related tragedies; · Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and · Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

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Under the recommended agreements, 4.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to four identified schools.

Council approval is requested to authorize the City Manager to negotiate and execute: 1) the annual contract with the County for the Our Kids Our Families Program; and 2) the annual MOU with HUSD for site-based mental health services to maintain these important mental health services for students.

ATTACHMENTS
Attachment I Staff Report
Attachment II ACHCSA Resolution
Attachment III HUSD Resolution
CITY OF HAYWARD Printed on 5/3/2024Page 2 of 2
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DATE: May 7, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt Resolutions Authorizing the City Manager to Accept and Appropriate $246,855 From Alameda County Health Care Services and $120,000 From the Hayward Unified School District For School-Based Mental Health Care Services For Fiscal Year 2024 Through 2025 and to Negotiate and Execute Agreements With Those Entities For Such Services

RECOMMENDATION

That the Council adopts resolutions (Attachment II and Attachment III) authorizing the City Manager to execute agreements with the Alameda County Health Care Services Agency (ACHCSA) and the Hayward Unified School District (HUSD) to accept and appropriate $246,855 and $ 120,000, respectively, for school-based mental health care services provided by the City in fiscal year 2024 through 2025.

SUMMARY

Consistent with best practices on the most effective way to serve youth in a school setting, the Youth and Family Services Bureau (YFSB) School-Based Mental Health Programs take a broad approach to serving students by offering a continuum of interconnected school-based behavioral health services that include prevention, early intervention, and treatment for students and their families who attend HUSD schools. The key components of the program include:
 Mental health counseling and clinical case management services for youth and families;  Therapeutic and positive youth development groups;
 Mental health consultation and classroom support for teachers, administrators and other school staff;
 Workshops, support groups and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies;  Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools; and
 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members.

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Under the recommended agreements, 4.0 Full-Time Equivalent (FTE) Family Counselors will provide the services above to four identified schools.

BACKGROUND

Preparing students to thrive and graduate high school ready for college and a career is one of the primary goals of K-12 education. Increasingly, educating the whole child to promote social-emotional and character development as well as academic skills is becoming a recognized best practice in education.1 The field of Social-Emotional Learning (SEL) offers a framework for how to incorporate a focus on the emotional needs of students into the daily tasks of education. The research shows that with this approach, students demonstrate significantly improved social and emotional skills, attitudes, behavior, and academic performance.2 Moreover, forming and maintaining relationships with caring adults at school has been linked to long-term success and can serve as a protective factor against trauma and other challenges.3

In 2009, the ACHCSA, Center for Healthy Schools and Communities (CHSC) launched a School- Based Behavioral Health Initiative to address student social-emotional issues as a critical ingredient for learning. The initiative supports a wide variety of services, including the Our Kids Our Families Program, which offers:
 School-based mental health services for youth and their families;  Mental health consultation training for teachers, staff, administrators, and parents;  Development and improvement of referral and service coordination systems; and  Consultation on school-wide efforts to create positive, culturally inclusive school environments.

As part of the Our Kids Our Families Program, these services are provided by County staff and a network of community-based behavioral health providers, including the YFSB.

1 AEI-Brookings Workgroup on Poverty and Opportunity, Opportunity, Responsibility and Security: A Consensus Plan for Reducing Poverty and Restoring the American Dream. December 3, 2015. Accessed August 24, 2020. https://www.brookings.edu/research/opportunity-responsibility-and-security-a-consensus-plan-for-reducing-poverty-and- restoring-the-american-dream/
2 Durlak, J. A., Weissberg, R. P., Dymnicki, A. B., Taylor, R. D. & Schellinger, K. B. (2011). The impact of enhancing students’ social and emotional learning: A meta-analysis of school-based universal interventions. Child Development, 82(1): 405–432.
3 Scales, P.C., Boat, A., & Pekel, K. (2020). Defining and Measuring Social Capital for Young People: A Practical Review of the Literature on Resource-Full Relationships. Minneapolis: Search Institute. Report for the Bill & Melinda Gates Foundation

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For nearly two decades, the YFSB has had an annual contract with the ACHCSA to provide school-based counseling and other support services in Hayward schools. With the development of the School-Based Behavioral Health Initiative in 2009, the focus of the work shifted to include both counseling services (individual, group, and family) as well as significant work with the whole school climate (including, parents, teachers, administrators, community providers, and others). The framework shift sought to amplify opportunities for youth to make crucial connections to adults by supporting the whole school, which included offering a range of services to both the youth and adults in the school system.

In 2016, through a new Local Control Funding Formula (LCFF), the State of California changed the way public schools are funded resulting in an increase in funding for the HUSD. LCFF requires schools to engage their communities to develop Local Control Accountability Plans (LCAP) on how they plan to use the funds. Through town hall meetings with students and families, HUSD determined more school-based counseling services were the greatest need in the schools. Partially as a result of the infrastructure built to deliver the already successful Our Kids Our Families program funded by the County, HUSD initiated an agreement with the City to expand the school-based services provided by YFSB to include additional school sites.

Together, the services described above and provided under the recommended agreements are YFSB’s School-Based Mental Health Programs. These services are integrated and serve as part of a larger system of support for Hayward students. Currently, the County provides funding in the amount of $246,855 annually to offset the cost of three full-time equivalents (FTEs) YFSB Family Counselors to provide services in three Hayward schools. The District provides funding in the amount of $120,000 annually to offset the cost of one full-time equivalent (FTE) YFSB Family Counselor to provide services in an additional Hayward school, as well as provide additional services for all schools, such as crisis intervention and linking students to off-site support services.

The tables below summarize the services provided in the 2023-24 school year by the four YFSB Family Counselors assigned to the School-Based Mental Health Programs. In FY23-24, services were provided to the following HUSD Schools:
 Stonebrae Elementary School
 Ochoa Middle School
 Bret Harte Middle School
 Martin Luther King Jr. Middle School

Table 1. School-Based Mental Health Program Totals – Academic Year 23-24 (through 3/31/24)
Number of Unique Individuals Served (Students, Family,
Teachers, School Administrators, Other Providers)
3167
Unique Activities of Direct Service 1249

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Table 2. School-Based Mental Health Program Services by Type – Academic Year 23-24 (through 3/31/24)
Individual and Family Clients 121 students
Group Clients 1003 students
Student and Family Case Management 566 individuals
Crisis Support 80 students
Classroom Support 28 hours
Consultation and Training for Staff
and Administration
207 hours
Workshops and Assemblies 782 individuals
Intern Supervision and Training 4 hours

Table 3. School-Based Mental Health Program Services by Focus Area – Academic Year 23-24 (through 3/31/24)
Social Emotional Learning and Wellness 45% of contacts
Social Skills/Relationship Support 20% of contacts
Mental Health 17% of contacts
Coordination of Services 5% of contacts
Climate and Culture Activities 3% of contacts

DISCUSSION

The YFSB School-Based Mental Health Programs have successfully served Hayward students for over a decade. At a time when the needs of Hayward youth and families are only increasing, it is more important than ever to maintain critical mental health services for students at school. The services that will be provided under the recommended agreements have been developed in partnership with HUSD and the Alameda County Center for Healthy Schools and Communities. They reflect best practices for school-based mental health by taking a broader, school-wide approach to allow for the greatest impact possible with limited resources. Moreover, the program model allows for universal access to services with all students being eligible to participate at no cost, regardless of insurance or immigration status.

Programs like YFSB’s School-Based Mental Health Programs have been shown to have a positive impact on key young adult outcomes across multiple domains of education, employment, criminal activity, substance use, and mental health.4

Components of YFSB School-Based Mental Health Services – Academic Year 24-25  Mental health counseling and clinical case management services for youth and families to ensure that children and youth in need of early and intensive intervention services are receiving and benefitting from appropriate care, as well as removing or minimizing environmental contributors to problems;
 Therapeutic and positive youth development groups;

4 Damon E. Jones, Mark Greenberg, and Max Crowley. (2015). Early Social-Emotional Functioning and Public Health:

The Relationship Between Kindergarten Social Competence and Future Wellness. American Journal of Public Health 105, 2283_2290,

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 Mental health consultation and classroom support for teachers, administrators and other school staff to enhance the capacity of adults to better meet the social-emotional needs of children, youth, and their networks;
 Workshops, support groups, and other consultation for parents/caregivers;  Mental health crisis response in the aftermath of school-related tragedies, including crisis intervention and management, triage, psychological first aid, and follow-up with students, parents, and school staff;
 Participation in school site-based multi-disciplinary teams who work together to address the needs of referred youth and manage support resources available at the schools;
 Active participation in school-wide efforts to create a positive school climate, prevent conflicts and violence, and enhance the community setting for all members in order to create optimal conditions for learning and development; and  Clinical supervision of interns to support the school-based interventions above.

School-Based Mental Health Program Staff
The YFSB staff assigned to the School-Based Mental Health Programs are highly qualified to provide the described services. Of the three counselors assigned to the County-funded Our Kids Our Families Program, two are Licensed Marriage and Family Therapists, and the third is a Licensed Clinical Social Worker. The counselor assigned to the HUSD-funded program is a Licensed Clinical Psychologist. All four (4) YFSB counselors assigned to the school-based programs reflect the diversity of the Hayward community and one is a bilingual, bicultural Spanish speaker. They range in years of clinical experience from 5 to 25+ years.

Program Sustainability
It is anticipated that these programs will be able to continue for many years to come. The current contract amount received annually from Alameda County is $246,855. County financing comes from a combination of Measure A Funds and Tobacco Master Settlement Funds and is a recurring expenditure in the County’s operating budget. Moreover, should additional County funds become available, it has been communicated that they would be likely to invest more in the City of Hayward to expand the services provided. The $120,000 received annually from HUSD comes from the Local Control Funding Formula. As part of this, school districts are required to create a new three-year Local Control Accountability Plan (LCAP) each year. The services are in the current three-year LCAP and given the ongoing demands for more mental health counseling for students, it is anticipated that this funding will continue to be part of HUSD’s three-year plan, and relatedly their operating budget.

The YFSB School-Based Mental Health Services are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Keeping youth engaged in school is one of the most important protective factors in their success, and by extension, prevents them from getting into trouble with law enforcement. This has a clear nexus with public safety and contributes to the overall well-being of Hayward families.

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STRATEGIC ROADMAP

ECONOMIC IMPACT

As stated above, supporting the emotional needs of students while they are in school has been shown to have positive outcomes on education, employment, criminal activity, substance use, and mental health that last for years to come. This has a positive economic impact on the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City that attracts residents and local businesses.

FISCAL IMPACT

The City will receive $246,855 in funding through the agreement with ACHCSA and $120,000 in funding through the agreement with HUSD. The four Family Counselor positions (4.0 FTE) discussed in this staff report are included in the City’s FY 2024 Operating Budget; accepting and appropriating these funds will help to offset the cost of these positions. While the revenue from these agreements does not fully cover the cost of the positions, the costs are further offset by additional revenue from the Medical Administrative Activities (MAA) agreement. Any remaining net costs to the City’s General Fund are already included in the budget.

NEXT STEPS

If the Council authorizes this action, staff will work to 1) execute the agreement with ACHCSA to provide Our Kids Our Families services for FY24-25; 2) execute the agreement with HUSD to provide school-based mental health services for FY24-25; 3) accept and appropriate $366,855 in payment; and 4) continue providing essential mental health services to youth in schools.

Prepared by: Emily Young, Youth and Family Services Bureau Administrator

Recommended by: Bryan Matthews, Acting Chief of Police

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _____

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $246,855 FROM ALAMEDA COUNTY HEALTH CARE SERVICE FOR SCHOOL-BASED MENTAL HEALTH SERVICES FOR FISCAL YEAR 202 4 THORUGH 2025 AND TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH

THE COUNTY FOR SUCH SERVICES

WHEREAS, the Youth and Family Services Bureau has a long -standing history of providing behavioral health services in schools that combine direct supports to children, youth, and their families with system enhancements, to promote healthy social -emotional growth, prevent problems, and address behavioral health challenges; and

WHEREAS, the execution of a Fiscal Year 2024 through 2025 Agreement between the City of Hayward and the Alameda County Health Care Service Agency is necessary to continue to provide these services and generate the associated revenue.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward tha t the City Manager is hereby authorized and directed to negotiate and execute a n Agreement with the Alameda County Health Care Services Agency to receive $ 246,855 for services provided by the City of Hayward’s Youth and Family Services Bureau in Fiscal Yea r 2024 through 2025.

FURTHER BE IT RESOLVED, that the City Council of the City of Hayward hereby approves the amendment to the budget resolution by increasing the appropriation of $246,855 in funding received with the Agreement with the Alameda County Health Care Services Agency.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _____

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $120,000 FROM THE HAYWARD UNIFIED SCHOOL DISTRICT FOR SCHOOL-BASED MENTAL HEALTH SERVICES FOR FISCAL YEAR 202 4 THROUGH 2025 AND TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH

THE DISTRICT FOR SUCH SERVICES

WHEREAS, the execution of a Fiscal Year 2024 through 2025 Agreement between the City of Hayward and the Hayward Unified School District is necessary to continue to provide these services and generate the associated revenue.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute an Agreement with the Hayward Unified School District to receive $120,000 for services provided by the City of Hayward’s Youth and Family Services Bureau in Fiscal Year 2024 through 2025

FURTHER BE IT RESOLVED, that the City Council of the City of Hayward hereby approves the amendment to the budget resolution by increasing the appropriation of $120,000 in funding received with the Agreement with the Hayward Unified School District.

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-222
DATE: April 23, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the Revised Community Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Manager to Execute the Revised CWA

RECOMMENDATION
On December 5, 2023, Council authorized a one-year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are taking points which have been added to the revised CWA (Attachment III). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.

SUMMARY
On December 5, 2023, Council authorized a one-year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are taking points which have been added to the revised CWA (Attachment III). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Community Workforce Agreement
CITY OF HAYWARD Printed on 5/3/2024Page 1 of 2
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File #:CONS 24-222
CITY OF HAYWARD Printed on 5/3/2024Page 2 of 2
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DATE: April 23, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving the Revised Community Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Man ager to Execute the Revised CWA

RECOMMENDATION

That Council approves the revised C ommunity Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC) and adopts a resolution (Attachment II) authorizing the City Manager to execute the revised CWA.

SUMMARY

On December 5, 2023, Council authorized a one -year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are negotiation points which have been added to the revised CWA (Attachment I II). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.

BACKGROUND

CWAs have been utilized in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. CWAs are a type of collective pre -hire bargaining agreement between project managers or owners and organized labor that outline a variety of employment and other working conditions with the express purpose of providing peaceful settlement of labor disputes and grievances without work stoppages, strikes, or lockouts; thereby allowing for the timely and cost-effective completion of projects. It is noteworthy that there has never been a work stoppage or strike on any City projects in recent history.

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In April 20151, the Council directed staff to negotiate and execute a CWA with the BTC for the new main library.

That agreement included the following types of provisions:

 Requirements that the contractor and subcontractors on the project use local union hiring halls to hire trades workers for the projects;

 “Local Hire” provisions, encouraging the contractor to employ Hayward residents or Hayward Unified School District graduates;

 Requirements that all hired workers pay union dues and receive other benefit trust fund contributions;

 Management rights regarding employment procedures, including hiring, discipline, etc.;

 Grievance and arbitration procedures to allow for timely resolution of disputes;

 Standardized work rules and regulations; and

 Provisions governing requirements around apprenticeships.

At Council’s direction, staff brought forward an item on February 23, 20162 that allowed for the discussion of creating a “Citywide” CWA that could apply to a broader scope of projects within the community. Staff received policy direction from the Council at that meeting regarding how a Citywide CWA might be structured. Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. Below is a summary of the key elements of the final negotiated CWA:

1) The Citywide CWA applies to City projects where the construction cost of the project exceeds one million dollars ($1,000,000) based on the Engineer’s Estimate.

2) The Citywide CWA does not apply to private development projects or to projects awarded/managed by another third-party public agency where the City has contributed funding.

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=454174&GUID=F3A52681-D58E-4A0C-BA83- %2084F8A581A981&Options=info|&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=2574917&GUID=CA735E50-7832-4222-BC26- %20F99567B99389&Options=&Search=

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3) The City retains the ability to exempt certain specialty or unique projects from the CWA requirements as needed and upon approval by the Council. Staff and the BTC would first meet in good faith to discuss the exemption. However, if the parties fail to reach a consensus, staff would be able to bring the project to the Council for review and consideration.

4) During the duration of the Projects, the Union(s) and its members, agents, representatives and employees shall not incite, encourage, condone, or participate in any strike, walkout, slowdown, sit-down, stay-in, boycott, wobble, sympathy strike, picketing or other work stoppage or hand billing of any nature whatsoever, for any cause whatsoever (including jurisdictional disputes), and it is expressly agreed that any such action is a violation of the agreement.

5) A Joint Administrative Committee (JAC) comprised of two City representatives, two Union representatives, and one construction industry representative was established to review the implementation of the agreement and the progress of the projects. The JAC has the responsibility of monitoring the local hire and apprentice provisions of the agreement.

6) The agreement contains a goal that Hayward residents, and especially HUSD graduates, will perform a minimum of thirty (30%) percent of the hours worked on a craft-by-craft basis on the covered projects. Contractors shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre- apprenticeship/internship program for HUSD graduates. If a Contractor fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied.

Acceptable remedies include commitment to employ Hayward residents on non- City projects or acceptance of Hayward residents as new apprentices.

Contractors will be required under the agreement to hire one Hayward resident as a New Apprentice for the first one million dollars ($1,000,000) of construction costs with one additional apprentice for every five million dollars ($5,000,000) thereafter and with an assignment of a maximum of two New Apprentices to any one craft. A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice.

The BTC has also agreed to facilitate and encourage enrollment of least ten(10) Hayward residents or HUSD graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.

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The Citywide agreement was to expire on December 31, 2023. On December 5, 20233, Council authorized the City Manager to extend the agreement to December 31, 2024, to allow time for staff and the BTC to discuss any modifications and draft a revised CWA.

DISCUSSION

Staff successfully negotiated with the BTC and in good faith have agreed to the addition of the following negotiation points which were added to the CWA:

Article 2.3 – Covered Work
Section 2.3.4 - Add a requirement to “meet and confer, then if not resolved” before being subject to the grievance and arbitration process.

Article 5 Pre-Job Conference
Section 5.1 – Allow Pre-job conferences to be held using Teams, Zoom or some other form of teleconference.

Article 8 – Referral
General – City wants to require contractors to use a referral form that informs trade halls that the project is subject to a CWA with priorities, goals and preferences for hiring Hayward residents, HUSD grads, veterans and new Interns.

Section 8.8 – The City would like this section to reference the Union’s referral of a journeyman or apprentice, with priorities given to Hayward residents and/or Hayward Unified School District graduates. This is to reinforce the core purpose of the City’s participation in the CWA.

Article 11 Grievance Arbitration Procedure
Section 11.2 Step 3 –The list of acceptable arbitrators should be updated.

Article 13 – Local Hire and Apprentices
Section 13.4: The City wants to support efforts to increase the diversity of the construction work force by encouraging under-represented groups to enter the building trades.

Section 13.7: Require contractors to use an electronic program (by Elation Systems) to monthly craft utilization reports which include information related to the CWA hiring priorities.

General: there are a number of other suggested changes related to outreach, good faith efforts, offsite credits, penalties, negotiated compliance plans and federally funded projects.

Article 22 – Substance Abuse Prevention
Understanding that marijuana use is now legal, it is still unsafe and undesirable for anyone under the influence to be employed on a construction project. The CWA policy should maintain the threshold for Marijuana and follow US DOT, Drug 49 CFR Part 40, which has

3 https://hayward.legistar.com/LegislationDetail.aspx?ID=6439973&GUID=EA0D1598-A0FD-46A2-8B4C-B28A8969DE87&Options=&Search=

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remained consistent. Marijuana is still a Schedule 1 substance under the Controlled Substances Act and is still prohibited.

Although not included in the revised CWA, a suggestion for consideration was that local hires also include residents residing in areas outside of the City of Hayward (Union City, San Leandro, San Lorenzo, Tri Valley Area - Dublin, Pleasanton, Livermore, and Oakland areas.) The inclusion of hires outside of the City of Hayward would receive 50% credit toward the local hire goal while graduates of Hayward High Schools living outside of Hayward city limits would receive 100% toward the local hire goal.

Staff is requesting that Council approve the revised Community Workforce Agreement and authorize the City Manager to execute the revised CWA.

Environmental Review

Staff has determined that this action is statutorily exempt from analysis under the California Environmental Quality Act (CEQA) for the reason that it is not a project. CEQA Guidelines, Section 15378(b)(5), states that a project does not include "Organizat ion or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA review will be completed separately for individual Public Works ’ projects subject to the Citywide CWA.

ECONOMIC IMPACT

There has been much debate over the years regarding the impacts of CWAs and their potential benefits (i.e., smoother management/labor relationships, increased local hiring, and improved pay and benefits to workers over and above that of a prevailing wage jo b).

Prior staff reports to Council have provided detail regarding project cost implications.

FISCAL IMPACT

This item will have no impact on the General Fund.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Priorities.

SUSTAINABILITY FEATURES

This item has no sustainability features.

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PUBLIC CONTACT

No public contact has been made related to this item.

NEXT STEPS

If approved, the City Manager will execute the revised Community Workforce Agreement between the City of Hayward and the Building and Construction Trades Council of Alameda County.

Prepared by: Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member

RESOLUTION AUTHORIZING THE REVISED COMMUNITY WORKFORCE

AGREEMENT WITH THE ALAMEDA COUNTY BUILDING TRADES COUNCIL

WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and

WHEREAS, the City Council has long been a solid supporter of labor rights, fair wages, and the creation of quality jobs in the community; and

WHEREAS, charter cities, like Hayward, have much more latitude to establish local bidding criteria to address other legitimate municipal concerns, such as to promote the hiring of local residents or the support of local business where possible; and

WHEREAS, the City Council over the last few years has expressed interest in being even more proactive regarding assuring quality wages on all City construction projects, supporting and procuring from local businesses, and protecting and increasing quality jobs for local residents; and

WHEREAS, the City and the Alameda County Building Trades Council have executed a citywide Community Workforce Agreement that expired on July 6, 2020; and

WHEREAS, by Resolution No. 21-013 on January 26, 2021 the citywide Community Workforce Agreement was extended to July 6, 2021, with an option for one six-month extension to December, 6, 2021; and

WHEREAS, by Resolution No. 22-080 on April 19, 2022, the citywide Community Workforce Agreement was extended to December 6, 2022; and

WHEREAS, by Resolution No. 22-293 on December 6, 2022, the citywide Community Workforce Agreement was extended to December 31, 2023; and

WHEREAS, by Resolution No. 23-263 on December 5, 2023, the citywide Community Workforce Agreement was extended to December 31, 2024; and

WHEREAS, City staff and the BTC have successfully negotiated language for a revision of the Community Workforce Agreement and requests execution of this revised Community Workforce Agreement.

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the revised citywide Community Workforce Agreement.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute any documents necessary to finalize and effectuate the Agreement, in a form approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2023

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward
1 COMMUNITY WORKFORCE AGREEMENT

WITH THE CITY OF HAYWARD
This Agreement is made and entered into this 6 day of July, 20 17 (“Effective Date”), by and between the City of Hayward (“City”) , together with other contractors and/or sub -contractors, who agree to, and shall become parties to this Agreement by signing the “Agreement To Be Bound” (Attachment A), and the Building and Construction Trades Council of Alameda County and its affiliated local unions.

PURPOSE
The purpose of this Agreement is to promote efficiency of construction operations performed by the City of Hayward and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects covered by this Agreement , while helping to increase training and employment opportunities for graduates of the Hayward Unified School District (“HUSD”) and Hayward residents in the construction trades through local hire, apprenticeship and pre-apprentice programs.

RECITALS
WHEREAS, the successful completion of the City’s construction projects , as hereinafter defined, is of the utmost importance to the City of Hayward; and WHEREAS, the interests of the general public, the City, the Unio ns and Contractor(s) would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing , lockouts, slowdowns or other interferences with work; and
WHEREAS, the Co ntractor(s) and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on construction work performed for the City of Hayward by the Contractor(s), and further, to encourage close cooperation among the Contractor(s) and the Union(s) to the end that a satisfactory, continuous and harmonious relationship will exist among the parties to the Agreement; and
WHEREAS, the Contractor(s) and the Union(s) and the City of Hayward wish to ensure labor peace at the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process, where both contractors that are signatory to collective bargaining agreements of the Union(s) are supervising employees that are members of the Union(s) and where contractors that are not signatory to collective bargaining agreements are also supervising employees; and Attachment III

2 WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq. , authorizes public entities to use, enter into, or require contractors to enter into, project labor agreements for construction projects, provided the agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this Agreement; and
WHEREAS, this Agreement is no t intended to replace, interfere, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of this Agreement, insofar as a legally binding agreement exists between the Contractor and the affected Union, except to the extent that the provision s of this Agreement are inconsistent with said bargaining agreements, in which event the provisions of this Agreement shall prevail; and WHEREAS, contracts for construction subject to this Agreement will be awarded in accordance with the applicable provisions of the Charter of the City of Hayward, the California State Public Contract Code, the California Labor Code, and other applicable California law; and WHEREAS, the City of Hayward ha s the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards a mutually satisfactory completion of the projects covered by this Agreement.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO AS FOLLOWS:

ARTICLE 1

DEFINITIONS

1.1 “Agreement” means this Community Workforce Agreement.

1.2 “Building Trades Council” means the Building and Construction Trade s Council of Alameda County, AFL-CIO.

1.3 “City” means the City of Hayward.

1.4 “Completion” means that point at which the City accepts a project at issue by filing a Notice of Completion, or as otherwise provided by applicable state law. It is understood by t he parties that portions of the Projects may be completed in phases and Completion of any such phase may occur prior to Completion of the Projects.

1.5 “Contractor(s)” means all contractors and subcontractors at all tiers, any individual, firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and has entered into a contract with the City of Hayward or any of its contractors or subcontractors of any tier, with respect to the construction w ork necessary for any part of the Project,

3 including construction building material delivery truckers, trucking companies and trucking brokers, who agrees, under contract with the Contractor(s), or a subcontractor of the Contractor(s), to perform on the project, any part or portion of the construction work covered by this Agreement, including the operating of construction equipment, performance of labor and/or installation of materials.

1.6 “Construction Contract(s)” means all of the contract(s) for constructi on of any Project as that term is hereinafter defined.

1.7 “Council” means the Building and Construction Trades Council of Alameda County.

1.8 “District Graduate” is a Hayward resident who has graduated from a Hayward Unified Scho ol District school within the last four years preceding the effective date of this Agreement.

1.9 “New Apprentice” is a n apprentice who has been enrolled in a State of California approved apprenticeship program that is a joint labor -management apprentice program for a maximum of two years.

1.10 “Hayward Resident” means any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of the City of Hayward.

1.11 “Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement of each craft Union signatory hereto (copies of which shall be provided by the Union to the City ) and which are listed in Attachment B, and which are incorporated herein by reference.

1.12 “Project” or “Projects” for the purposes of this Agreement mean all construction Projects costing more than one million dollars ($1,000,000) based on Engineer’s Estimate.

1.13 “Union” or “Unions” means the Building and Construction Trades Council of Alameda County and its affiliated local Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations , whose names are subscribed hereto and who have through their officers executed this Agreement.

1.14 “Project Manager” means the person or persons or business entity designated by the City to oversee all phases of design and construction on the Projects.

1.15 “Sole Operator” means a licensed contractor with no employees and exempted by the Contractor’s State License Board from the requirement to carry workers’ compensation insurance. (See: California Business and Professions Code section 7125.)

4 1.16 “Veteran” means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE 2

SCOPE OF AGREEMENT

2.1 Parties: This Agreement shall apply and is limited to all Contractors and Subcontractors performing Construction Contracts necessary for the Project s, the City, the Building Trades Council and any labor organization signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations , whose names are subscribed hereto and who have through their officers executed this Agreement.

2.2 Project Description: This Agreement shall govern the award of all of the Construction Contracts identified by the City as part of the Project. All Projects that are subject to this Agreement shall be identified as co vered Projects in the agenda report to the City Council requesting the authorization to solicit bids. The City Council retains the right to exempt projects following meet and confer as an agendized item at the JAC between City staff and the Building Trades Council. The City has the absolute right to combine, change, consolidate, suspend or cancel Construction Contracts(s) or portions of Construction Contract(s) identified as part of the Projects. Once a Construction Contract is completed , it is no longer c overed by this Agreement , except when a Contractor is directed to engage in repairs, warranty work or modifications required by its Construction Contract with the City. For the purposes of this Agreement, a Construction Contract shall be considered completed as set forth in Section 1.4 of this Agreement.

2.3 Covered Work:

2.3.1 This Agreement covers, without limitation, all construction Projects with a construction cost estimate of more than one million dollars ($1,000,000). For these Projects, the Agreement covers all Contractor performed on-site site preparation, on-site surveying, construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and which is directly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary and permanent HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the project), pumps, pump stations, and installation of modular furniture that is covered by the State of California Prevailing Wage determinations. On-site work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Project.

This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published. This Agreement shall apply to any start-up, calibration, commissioning, performance testing, repair, and

5 operational revisions to systems and/or subsystems performed for the Project after completion unless it is performed by City employees.

2.3.2 The Projects include work necessary for the Projects and/or in temporary yards or areas adjacent to and /or dedicated to the Projects , and at any on -site batch plant(s) constructed solely to s upply materials to the Projects . This Agreement covers all on-site fabrication work over which the City or Contractor(s) possesses the right of control (including work done for the Projects in any temporary yard or ar ea established for the Projects). Additionally, it is agreed hereby that off-site work, including fabrication work necessary for the projects defined herein that is covered by a provision of a current Master Agreement or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the Effective Date of this Agreement shall be considered covered work under this Agreement.

2.3.3 The furnishing of supplies, equipment or materials that are stockpiled for later use shall in no case be considered subcontracting. Construction trucking work, such as the delivery of ready -mix, asphalt, aggregate, sand or other fill material that are directly incorporated into the construction process, as well as the off-hauling of debris and excess fill material and/or mud, shall be covered by the terms and condi tions of this Agreement, to the fullest extent provided by law and by prevailing wage determinations of the California Department of Industrial Relations. Employers, including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) calendar days of written request or as required by bid specifications.

2.3.4 The on -site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in limited circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of the vendor or other companies where necessary to protect a manufacturer’s warranty . The issue of whether it is necessary to use construction persons of the vendor or other companies shall be subject to the grievance and arbitration clause of this Agreement. Work subject t o manufacturer’s warranty shall be discussed during the pre - job conference.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement:

2.4.1 This Agreement is not intended to, and shall not affect or govern the award of public w orks contracts by the City that are outside the identified scope of work of the Projects. This Agreement is not intended to and shall not govern any construction work that is bid or performed prior to the effective date of this Agreement. This Agreement applies only to Construction Contracts that are awarded by the City, and not third party public agencies, where City funding is utilized.

6 2.4.2 This Agreement is not intended to, and shall not affect the current or anticipated operation, maintenance, repair, access to or use of any of the City’s buildings or facilities , except in those circumstances where the Project satisfies the requirements set forth in Section 1.12.

2.4.3 This Agreement shall not apply to a Contractor or Subcontractor’s executives, manage rial employees, engineering employees, design employees, supervisors (except those covered by existing building and construction trades collective bargaining agreements), and office and clerical employees that are not performing construction work on the project.

2.4.4 This Agreement shall not apply to any work performed on , near or leading to the site of work covered by this Agreement that is undertaken by state, county or other governmental bodies or their contractors; or by public or private utilities or their contractors; or by the City or its contractors for work not part of the scope of the Projects. Furthermore, this Agreement shall not be construed to prohibit or restrict the City or its employees from performing work on or around the Project constr uction sites or from entering the sites for any purposes deemed necessary or appropriate by the City.

2.4.5 This Agreement shall not apply to the off -site maintenance of leased equipment or the on -site supervision of such work.

2.4.6 Unless otherwise decided by the City, work covered by this Agreement within the following craft jurisdictions shall be based on the terms of various National Agreements as follows: the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Towe r Agreement, and the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Technicians, with the exception th at Articles 4, 11, 13 and 14 of this Agreement shall apply to such work.

2.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City’s faci lities and/or to mitigate the effect of the ongoing Projects’ work on the businesses and residents in the neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to e ffectively maintain the primary purpose of the City’s facilities and to remain a good neighbor to the residents and businesses in the area of the Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section.

7 ARTICLE 3

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Unions , and the City , and any other signatory to this Agreement, agree to be bound by each and every provision of this Agreement.

3.2 By accepting the award of a Construction Contract for the Projects, whether as contractor or subcontractor at any tier, the Contractor/Subcontractor agrees to be bound by each and every provision of this Agreement.

3.3 This Agreement shall only be binding on the signatory parties hereto their successors and assigns and shall not apply to the parents, affiliates, subsidiaries, lenders, or other ventures of any su ch party unless performing work within the scope of the Project(s).

3.4 At any time that any Contractor enters into a subcontract with any subcontractor of any tier for the performance of construction or construction trucking work within the scope of this Agreement, the Contractor shall pro vide a copy of this Agreement, as it may from time to time be modified by the negotiating parties, to said subcontractor and shall require the subcontractor as a part of accepting an award of a construction subcontract to agree in writing to be bound by each and every provision of the Agreement prior to the commencement of work.

3.5 Each Contractor and Subcontractor shall evidence their agreement to be bound to this Agreement by executing the Agreement To Be Bound form attached hereto as Attachment A. A copy of the Agreement To Be Bound executed by a Contractor or Subcontractor shall be submitted to the Union(s) prior to both the commencement of work and the pre-job conference. If the Contractor or Subcontractor refuses to execute the Agreement To Be Bound, then such Contractor or Subcontractor shall not be awarded a Construction Contra ct to perform work on the Projects. A Contractor or Subcontractor who executes the Agreement To Be Bound shall then subsequently be considered a signatory party to this Agreement.

3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement.

This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation.

3.7 Each Contractor(s) shall give written notice to the Union(s) of any subcontract involving the performance of work covered by this Agreement within either seven (7) days of entering such subcontract or before such subcontractor(s) commences work on the Project, whichever occurs first.

Such notice shall specify the name, address and the California State License Board license number of the subcontractor(s).

8 3.8 (a) With regard to any Contractor that is independently signed to any Master Agreement, this Community Workforce Agreement shall in no way supersede or prevent the enforcement of any subcontracting clause contained in such Master Agreement , except as specifically set forth in subsection (b) of this Section. Any such subcontracting clause in a Master Agreement shall remain and be fully enforceable between each craft union and its signatory employers, and no provision of this Community Workforce Agreement shall be interpreted and/or applied in a ny manner that would give this Community Workforce Agreement precedence over subcontracting obligations and restrictions that exist between craft unions and their respective signatory employers under a Master Agreement, except as specifically set forth in subsection (b) of this Section 3.8. To the extent that the provisions of this Agreement are inconsistent with any other provisions contained in a Master Agreement, the provisions of this Agreement shall prevail.
(b) If a craft union (hereafter "Aggrieved Union") believes that an assignment of work on this Project has been made improperly by a contractor or subcontractor, even if that assignment was as a result of another craft union's successful enforcement of the subcontracting clause in its Master Agreement, as permitted by subsection (a) of this Section 3.8, the Aggrieved Union may submit a claim under the jurisdictional resolution process contained in Article 12 of this Community Workforce Agreement, and the decision rendered as part of that process shall be enforceable to require the contractor or subcontractor that made the work assignment to assign that work prospectively to the Aggrieved Union. An award made to a craft union under the subcontracting clause of its Master Agreement, as permitted pursuant to Section 3.8(a) of this Article, shall be valid and fully enforceable by that craft union unless it conflicts with a jurisdictional award made pursuant to this Community Workforce Agreement. If the award made under the Master Agreement conflicts with the jurisdictional award, the award of any damages under the former shall be null and void ab initio .

3.10 Each Contractor(s) shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Ag reement. Any alleged breach of this Agreement by a Contractor(s) or any dispute between the Union(s) and the Contractor(s) respecting compliance with the terms of this Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and each other Contractor(s), party to this Agreement.

3.11 It is mutually agreed by the parties that any liability of a Union(s) shall be several and not joint.

Any alleged breach of this Agreement by a signatory Union(s) shall not aff ect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.12 The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City and/or any Contractor or subcontractor.

9 3.13 The provisions of this Agreement, including Schedules A's, which are incorporated herein by reference and which are the local Master Agreements of the Signatory Unions having jurisdiction over the work on t he Project, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.

ARTICLE 4

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1 During the duration of the Projects , the Union(s) and its members, agents, representatives and employees shall not incite, encourage, condone or participate in any strike, walkout, slowdown, sit - down, stay-in, boycott, wobble, sympathy strike, picketing or other work stoppage or handbilling of any nature whatsoever, for any cause whatsoever (including jurisdictional disputes) , and it is expressly agreed that any such action is a violation of this Agreement.

4.1.1 Withholding employees for failure of a Contractor(s) to tender trust fund contributions as required in accordance with Article 15 and/or for failure to meet its weekly payroll is n ot a violation of this Article 4; however, the Union(s) shall give the affected Contractor(s) and the City written notice five (5) business days prior to the withholding of employees when failure to tender trust fund contributions has occurred.

4.1.2 E xpiration of Master Agreements. It is specifically agreed tha t there shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work, refusal to work, walk -off, sit-down, stand -in, wobble, boycott or other work stoppage of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Projects and/or failure of the parties to that agreement to reach a new contract. If a Master Agreement expires before the Contractor(s) completes the performance of a construction contract and the Union(s) or Contractor(s) gives notice of demands for a new or modified Master Agreement, the Union(s) agrees that it will not strike or withhold labor from the Contractor(s) on said contract for work covered under this Agreement and the Union(s) and the Contr actor(s) agree that the expired collective bargaining agreement shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached between the Union(s) and Contractor(s). If the Union(s) and C ontractor(s) agree to an interim agreement that will apply until a new Master Agreement is reached, then, at the Contractor(s)’ option, the Contractor(s) may work under the terms of the interim agreement until a new or modified Master Agreement is reached between the Union(s) and Contractor(s). If the new or modified Master Agreement reached between the Union(s) and Contractor(s) provides that any terms of compensation of the Master Agreement shall be retroactive, the Contractor(s) agrees to comply with any retroactive terms of the new or modified Master Agreement to its effective

10 date which is applicable to employees employed on a project within seven (7) days after its effective date.

4.2 In consideration of the foregoing, the Contractor(s) shall not inc ite, encourage or participate in any lockout or cause to be locked out any employee covered under the provisions of this Agreement.

The term "lockout" does not refer to the discharge, termination or layoff of employees by the Contractor(s) for any reasons in the exercise of its rights as set forth in any provision of this Agreement, nor does "lockout" include the City’s decision to terminate or suspend work on the site or any portion thereof for any reason.

4.3 Any employee or employees inciting, encouragin g or participating in any strike, slowdown, picketing, sympathy strike or other activity in violation of this Agreement is subject to immediate discharge and the procedure of Article 11, if invoked.

4.4 If the City contends that any Union has violated this Article, it will notify in writing (including email) the Secretary -Treasurer/Business Manager/Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use his/her best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the membership of their obligations under this Article.

4.5 Any party to this Agreement shall institute the following binding arbitration procedure prior to initiating any other action at law or equity when a breach of this Article is alleged to have occurred. In the event a party institutes this procedure, arbitration shall be mandatory.

4.5.1 The party invoking this procedure shall immediately notify Robert Hirsch who the parties agree shall be the permanent Arbitrator under this procedure. Barry Winograd shall serve as the alternate in the event that the permanent Arbitrator is unavailable at any time. If both Arbitrators are unavailable, the City will propose three (3) additional alternate Arbitrators from which the other party in the action will select from those three (3) additional alternates. Notice to the Arbitrator shall be by the most expeditious means available, with notice by facsimile, telegram , email or similar means to the party alleged to be in violation and the involved Contractor(s) and/or Union(s), the Building Trades Council and the City.

4.5.2 Upon receipt of said notice the Arbitrator named above or the alternate shall designate a place for, schedule and hold a hearing within twenty-four (24) hours.

4.5.3 The Arbitrator shall notify the parties by facsimile, telegram, email or similar means of the place and time chosen for the session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an award by the Arbitrator.

4.5.4 The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred, and the Arbitrator shall have no authority to consider any matter in justification,

11 explanation or mitigation of such violation or to award damages, which issue is reserved for court or other arbitration pro ceedings, if any. The Arbitrator shall determine compliance with this Article and establish the appropriate sum of damages, which shall not be less than One Thousand Dollars ($1,000) or more than Ten Thousand Dollars ($10,000) for each shift, for violations of this Article. The award shall be issued in writing within three (3) hours after the close of the hearing and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award. The Arbitrator shall order cessation of the violation of this Article and other appropriate relief, and such award shall be served on all parties by hand or registered mail upon issuance.

4.5.5 The award shall be final, binding and non-reviewable as to the merits. A judgment of any court of competent jurisdiction shall be entered upon the award, which may be enforced by any such court, upon the filing of this Agreement and all other relevant documents referred to hereinabove in the following manner. Facsimile, telegram or similar notice of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator's award as issued under Section 4.5.4, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order of enforcement. The Court's order or ord ers enforcing the Arbitrator's award shall be served on all parties by hand or by delivery to their last known address or by registered mail.

4.5.6 Any rights created by statute or law governing arbitration or injunction proceedings inconsistent with the above procedure, or which interfere with compliance therewith, are hereby waived by the parties to whom they accrued.

4.5.7 The costs of the arbitration, including the fee and expenses of the Arbitrator, shall be borne equally by the parties.

4.5.8 The procedures contained in Article 4 shall be applicable only to alleged violations of this Article. Discharge or discipline of employees for violation of this Article 4 shall be subject to the grievance and arbitration procedures of Article 9.

4.6 If there is a lockout, strike, sympathy strike, stoppage, slowdown, picketing or action otherwise advising the public that a labor dispute exists or interference with the progress of the Projects, the Parties shall have the right to seek full legal redress in the courts of California, after complying with the emergency arbitration provisions of Article 4.

12 ARTICLE 5

PRE-JOB CONFERENCE

5.1 A mandatory pre-job conference shall be held after the award of the contract and prior to the commencement of each Construction Contract or subcontract. Such conference shall be attended by a representative each from the participating Contractor(s), including all sub-contractors under contract, and Union(s), the Project Manager or any other City representative deemed appropriat e by the City .

One of the conference topics shall be discussion of work covered under warranty. All efforts will be made to hold the pre-job conference in sufficient time to ensure all parties the ability to properly raise and resolve any issue that may arise out of such meeting, with a goal that such conferences will be held at least fourteen (14) calendar days before the work commences. All meetings shall be held at Hayward City Hall, 777 B Street, Hayward, California 94541, or with mutual agreement of the parties, the meeting may be held at the offices of the Building Trades Council.

ARTICLE 6

NO DISCRIMINATION

6.1 The Contractors and Unions agree not to engage in any form of discrimination o n the ground or because of race, color, creed, national origin, ancestry, age, sex, sexual orientation , gender identity, disability or any other basis made illegal by law against any person, or applicant for employment on the Projects.

ARTICLE 7

UNION SECURITY

7.1 The Contractors recognize the Union(s) as the sole bargaining representative of all construction persons working within the scope of this Agreement.

7.2 All construction persons who are employed by the Contractor(s) shall, as a condition of employment, on or before the eighth (8th ) day of consecutiv e or cumulative employment on the Projects, be responsible for the payment of the applicable monthly working dues , fees, pension -fund type benefits, and any associated fees uniformly required for union membership in the applicable local union that is signatory to this Agreement, but is not required to join union.

7.3 Authorized representatives of the Unions shall have access to the Projects whenever their respective craft work is being performed on the Project.

13 ARTICLE 8

REFERRAL

8.1 Contractor(s) performing construction work on the Projects described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto (“Job Referral Sy stem”). Such Job Referral System will be operated in a non -discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those which require equal employment opportunities and nondiscrimination.

8.2 The C ontractor(s) shall have the right to reject any applicant referred by the Union(s), in accordance with any applicable Master Agreement.

8.3 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors above general forema n it considers necessary and desirable, without such persons being referred by the Union(s).

8.4 In the event that referral facilities maintained by Union(s) are unable to fill the requisition of a Contractor(s) for employees within a forty-eight (48) hour period, weekends and holidays excluded, after such requisition is made by the Contractor(s), the Contractor(s) shall be f ree to obtain employees from any source (“Alternative Employees”). Upon hiring Alternative Employees, the Contractor(s) shall immediately notify the appropriate Union(s) of the name and address of the Alternative Employees hired. This provision does not affect core employees as defined below.

8.5 Unions shall exert their utmost efforts to recruit sufficient numbers of skilled craft persons, particularly those craft persons residing in Hayward, to fulfill the requirements of the Contractor(s).

8.6 A Sole Operator, as defined in this Agreement under section 1.15, self-performing work on a covered Project shall not be required to reque st dispatch from the union hall with jurisdiction over the Sole Operator’s work. However, if the Sole Operator hires any additional employees subsequent to starting work on a covered Project, the Sole Operator will be treated as the core employee and any subsequent employee(s) will be dispatched from the hiring hall. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements. For purposes of this Agreement, Trucking Sole Operators will be treated as the core employee, but must nevertheless be dispatched from the hiring hall, and will be exempt from trust fund obligations but must pay representational fees. All So le Operators, including truckers, must sign this Agreement’s Letter of Assent prior to starting work on a covered Project.

8.7 In the event that a Contractor has its own core employees, the Contractor may request by name, and the local union will honor, referral of persons who demonstrate the following qualifications:

14 (1) Possess any license and/or certifications required by state or federal law for the Project work to be performed; and

(2) Have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; and

(3) Were on the Contractor’s active payroll for at least sixty (60) days out of the one hundred and eighty (180) calendar days prior to the contract award; and
(4) Have the ability to perform safely the basic functions of the applicable trade.

8.8 The Union will refer to such Contractor one journeyman em ployee from the hiring hall out -of- work list for the affected trade or craft, and will then thereafter refer one of such Contractor’s “core” employees as a jo urneyman and shall repeat the process, one and one, until such Contractor’s crew requirements are met or until such Contractor(s) has hired no more than five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work lists(s). For the duration of the Contractor’s work, the ratio shall be maintained and when the Contractor’s workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor(s) signatory to a Master Agreement with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the relevant collective bargaining agr eement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement, as they relate to such Contractor(s). Any exceptions requested to this process must be referred to the JAC for review.

8.9 Subject to the limitations of applicable law, the parties to this Agreement support the development of increased numbers of skilled construction workers who are residents of the City of Hayward, to meet the needs of the Projects and the requirements of the industry generally. To that end, the Unions agree to encourage the referral and utilization, to the extent permitted by law and the hiring hall procedures of the Unions, of qualified Hayward Residents as journeymen and apprentices on the Projects and entrance into such apprenticeship and training programs as may be operated by the signatory Unions consistent with the applicable apprenticeship program’s state-approved standards.

ARTICLE 9

GRIEVANCE PRODEDURE

9.1 All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the Master Agreement for the craft of the affected employee. For purposes of this Article, such grievance procedure shall be limited to disputes regarding the imposition of discipline or dismissal arising from work covered by the Agreement. Such Contractor shall not impose discipline or dismissal on its construction persons covered

15 by this Agreement without just cause. For purposes of this Agreement, just cause shall have the meaning set forth in the Master Agreement of the craft representing the employee(s) involved in the dispute.

ARTICLE 10

JOINT ADMINISTRATIVE COMMITTEE

10.1 The parties to this Agreement shall establish a five (5) person Joint Administrative Committee.

This Committee shall be comprised of two (2) representatives selected by the City; two (2) representatives selected by the Unions; and one (1) industry representative mutually agreed to by the parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum of the Joint Administrative Committee shall consist of three members, comprising at least one representative from the City and one representative from the Building Trades Council.

10.2 The Joint Administrative Committee shall meet as required, but not less than once each quarter, to review the implementation of the Agreement and the progress of the Projects. Any question by any party to the Agreement regarding the meaning, interpretation or application of the provisions of this Agreement shall be referred directly to the Joint Administrative Committee for review and recommendation. The Joint Administrative Committee will also have the responsibility of monitoring the provisions in Article 13 Local Hire and Apprentices.

10.3 If there is a request regarding exemptions per Section 2.2, the meet and confer discussion will occur between the City and Building Trades Representatives. If there is no agreement, the exemption would be presented to City Council for decision.

ARTICLE 11

GRIEVANCE ARBITRATION PROCEDURE

11.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. All disputes concerning the interpretation and/or application of this Agreement which do not fall within the Article 4 Work Stoppages, Strikes, Sympathy Strikes, and Lockouts procedure shall be governed by the following grievance and arbitration procedure. No grievance shall be recognized unless the grieving party provides notice in writing to the signatory party with whom it has a dispute within seven (7) calendar days after becoming aware of the dispute, but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Article may be extended by mutual written agreement of the parties.

11.2 Grievances shall be settled according to the following procedures:

16 Step 1: Within seven (7) calendar days after the receipt of the written notice of grievan ce, the necessary parties to the grievance, including but not limited to the Business Representat ive of the involved Local Union , or the City’s authorized representative o r his/her designee , or representative of the construction person or the involved Contractor shall confer and attempt to resolve the grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within seven (7) calendar days after its referral to Step 1, either involved party may submit it within three (3) calendar days to a Grievance Committee consisting of one (1) person selected by the City and one (1) person selected by the Council , which shall meet within seven (7) calendar days after such referral (or such longer time as mutually agreed upon by all re presentatives of the Committee), to confer in an at tempt to resolve the grievance. Regardless of which party has initiated the grievance proceeding, prior to the meeting of the Grievance Committee, the Union(s) shall notify its International Union(s) Representative(s), which shall advise both parties if it intends on participating in the meeting. The participation by the International Union(s) Representative in this Step 2 meeting shall not delay the time set herein for the meeting, unless otherwise mutually agreed by the parties. A decision of the Grievance Committee shall be final and binding. If the dispute is not resolved with such time (seven (7) calendar days after its referral or such longer time as mutually agreed upon), it may be referred within seven (7) business days by either party to Step 3.

Step 3: In the event that the representatives are unable to resolve the dispute w ithin seven (7) calendar days after its referral to Step 3, the parties shall choose a mutually agreed -upon arbitrator for final and binding arbitration. If the parties cannot mutually agree on the selection of an arbitrator, the arbitrator shall be selected by the alternate striking method from the following list: William Riker, Barry Winograd, The Honorable Laurence Kay, Robert Hirsch and Robert Clark. The order of striking names from the list of arbitrators shall be determined by a coin toss; the winner of such toss shall decide whether to strike first or second. Such striking shall take place within three (3) calendar days. If a party does not respond within three (3) calendar days, any arbitrator from the list is acceptable.

11.3 The Arbitrator shall arrange for a hearing no later than fourteen (14) calendar days after the matter has been submitted to arbitration. A decision shall be given to the parties within five (5) calendar days after completion of the hearing , unless such time is extended by mutual agreement. A written opinion may be requested by a party from the Arbitrator.

11.4 The decision of the Arbit rator shall be binding by all parties. The Arbitrator shall not have authority to change, amend, add or detract from any of the provisions of the Agreement. The expense

17 of the Arbitrator shall be borne equally by both parties , with each party bearing th e cost of their own legal counsel.

11.5 In order to encourage the resolution of disputes and grievances at Step 1 and 2 of the Grievance Procedure, the parties agree that such settlements shall not be precedent-setting.

11.6 The time limits specified in any step of the Grievance Procedure set forth in Section 11.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without the request for an extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.

11.7 Where an issue is addressed in this Agreement and a Master Agreement, this Agreement shall prevail. Where an issue is addressed in a Master Agreement and not in this Agreement, the Master Agreement shall control. Grievances between a Union(s) and a Union(s)’ signatory contractor involving interpretation or application of the Master Agreement shall be governed by the grievance procedures contained in the Master Agreement.

11.8 Any strike, slowdown, picketing, sympathy strike or other form of work stoppage that arises out of a dispute as to the interpretation of the Agreement shall be subject to the procedures set forth in Article 4.

11.9 Should any of the arbitrators listed in section 11.2 or above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE 12

JURISDICTIONAL DISPUTES

12.1 The assignment of Covered Work will be solely the responsibility of the Contractor/Employer(s) performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

12.2 All jurisdictional disputes on this Project between or among the Building and Construction Trades Unions and the Contractors, parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department, or any other plan or method of procedure that may be adop ted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Union parties to this Agreement.

18 12.2.1 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Arbitrator’s h earing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

12.3 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this Section shall be su bject to immediate discharge. Each Employer will conduct a pre-job conference with the Council prior to commencing work. The Project Manager and the City will be advised in advance of all such conferences. The Primary Contractor shall attend all such meetings and the City may participate if it wishes. Pre -job conferences for different Employers may be held together.

ARTICLE 13

LOCAL HIRE AND APPRENTICES

13.1 The parties agree to a goal that Hayward Residents, and especially District Graduates, will perform a minimum of thirty (30%) percent of the hours worked on a craft by craft basis on the Projects (the “Local Hire Goal”). The Contractor shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedur es. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre - apprenticeship/internship program for HUSD graduates. If a Contractor fails to meet the Local Hire Goal or demonstrate a good faith effort , there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied. Acceptable remedies include: commitment to employ Hayward residents on non-City projects or acceptance of Hayward residents as new apprentices.

13.2 A Contractor that has employed a Hayward Resident for up to six (6) months preceding the start of the Project for a minimum of at least one hundred (100) hours per month who has the ability to perform safely the basic functions of the applicable trade may receive credit for fifty (50%) percent of those hours towards the Local Hire Goal. A contractor may also receive credit for fifty (50%) percent of the documented hours performed by Hayward Residents on non -City projects, when such hours are concurrent with the Contractor’s work on the Project. The maximum total combined credit that can be applied under this section is half of the Local Hire Goal.

13.3 The Contractor is required to hire one Hayward resident as a New Apprentice for the first 1 million dollars ($1,000,000) of construction costs with one additional apprentice for every $5 million dollars ($5,000,000) thereafter (capped at 2 per craft). A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice. Any modifications to these

19 requirements must be agreed to by the JAC. There shall be no more than two New Apprentices for each craft, and the General Contractor shall be entitled to include New Apprentices hired by their subcontractors to meet this requirement. The City will refer the names of District Graduates and/or Hayward Residents to the Union and Contractors, and the Unions agree to cooperate with the Contractor in furnishing apprentices as requested. The hiring, supervision and compensation of apprentices shall be in accordance with the Apprenticeship Programs in the Master Agreements. The Contractor may deploy the Hayward New Apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the City project. The failure of the City to refer names and/or the Unions to provi de those apprentices upon request will relieve the Contractor of this First -Period Apprentice hiring responsibility . The Contractor shall make good faith efforts to hire Apprentices for a minimum of six (6) months or 1,000 labor hours.

13.4 The Council shall facilitate and encourage enrollment of least ten (10) Hayward res idents or District Graduates into State approved Labor -Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.

13.5 The Contractor or Subcontractor who hires such Hayward Resident First-Period Apprentices shall be credited with two (2) work hours towards the Local Hire Goal, for each hour worked by the Hayward Resident First-Period Apprentices.

13.6 The intent of the appr entice requirement is to employ new apprentices to the full est extent permissible by state law and the Master Agreements . The failure of the Contractor and its subcontractors to maintain qualified apprentices on the Project will be subject to Division of Apprenticeship Standards ’ penalties and further penalties as determined by the Joint Administrative Committee. The Contractors, Unions and the Building Trades Council shall use good faith efforts to retain apprentices employed pursuant to this Agreement and advance those apprentices to journeyman status.

13.7 It shall be the responsibility of the Contractor to report and document compliance with this Article. This shall include, but not be limited to, monthly utilization reports showing all work hours by craft, certified weekly payroll records, and any documentation showing dispatch and referral requests.

13.8 The Contractor may request a negotiated compliance plan if compliance with the requirements of this Article is unreasonable or poses difficulty due to safety. In this case the Contractor will make the request in writing for a meeting with the Joint Administrative Committee prior to the commencement of work. The Joint Administrative Committee will then review this request, and if there is consensus, will approve the negotiated compliance plan, that the Contractor will sign off on. This new document will become the new local hiring requirements that the Contractor will have to meet or risk being in non - compliance.

20 ARTICLE 14

MANAGEMENT RIGHTS

14.1 The Contractor shall retain full and exclusive authority for the management of its operations, including the right to direct its work force in its sole discretion, except as otherwise limited by the terms of this Agreement and/or the Master Agreements. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of construction persons except that the lawful manning provisions of the Master Agreements shall be recognized.

ARTICLE 15

WAGES/BENEFITS

15.1 The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective crafts and shall also comply with applicable general prevailing wages, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

15.2 All Contractor(s)/Employer(s) agree to pay contributions to the vacation, pension and other form of deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement for each hour worked on the Project in the amounts designated in the Master Agreements of the appropriate local Unions.

15.3 By signing this Agreement, the Contractor(s)/Employer(s) adopt and agree to be bound by the written terms of the legally established Trust Agreements , as described in section 9.1, and which may from time to time be amended, specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors authorize the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratify and accept the trustees so appointed as if made by the Contractor(s). The Cont ractor(s) agrees to execute a separate Subscription Agreement(s) for Trust Funds when such Trust Fund(s) requires such document(s).

15.4 If an employee is discharged or voluntarily terminates, wages due shall be paid in accordance with California State Law.

ARTICLE 16

MODIFIED MASTER AGREEMENTS

21 16.1 Certain Provisions Shall Not Apply . Provisions negotiated into the new or modified Master Agreements that are less favorable to the Contractor than those uniformly required of employers for construction work normally covered by those agreements or that may be construed to apply exclusively or predominately to work covered by this Agreement shall not apply to work covered by this Agreement.

Any disagreement between the parties regarding the application of the provisions of any new or modified collective bargaining agreement to work covered by this Agreement shall be resolved under the dispute and grievance arbitration procedures set forth in Article 11 hereof.

ARTICLE 17

SAVINGS CLAUSE

17.1 The parties ag ree that in the event any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law by a court of competent jurisdiction , the remainder of the Agreement shall remain i n full force and effect. The parties further agree that if any article, provisi on, clause, sentence or word of the Agreement is determined to be illegal or void by a court of competent jurisdiction , the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will mitigate the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or word in question.

17.2 The part ies also agree that in the event that a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

ARTICLE 18

ENTIRE AGREEMENT

18.1 This Agreement , including the attachments hereto, and the Schedule As incorporated by reference, represents the complete understanding of the parties. The provisions of this Agreement shall apply to the work covered by this Agreement. Where a s ubject covered by the provisions of this Agreement is also covered by a Master Agreement, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Master Agreement and is not covered by this Agreement, the provisions of the Master Agreement shall prevail.

18.2 The parties agree that this Agreement cover s matters affecting wages, hours, and other terms and conditions of employment and that during the term of this Agreement the parties will not be required to negot iate on any further matters affecting these o r any other subject not specifi cally set forth in this Agreement except by mutual agreement of the parties.

22 18.3 This Agreement may be executed in counterpart, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Facsimile or PDF signature pages transmitted to other parties to this Agreement shall be deemed the equivalent to original signatures.

ARTICLE 19

HELMETS TO HARDHATS

19.1 The parties recognize a desire to facilitate the entry of Veterans who are interested in careers in the building and construction industry. The parties agree to utilize the services of the Center for Military Recruitment, Assessment and Veteran’s Employment (“Center”) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, empl oyment opportunities and other needs as identified by the parties.

19.2 The Union(s) and Contractor(s) agree to coordinate with the Center to participate in an integrated database of Veterans interested in working on th e Projects and of apprenticeship and employment opportunities for the Projects. To the extent permitted by law, the Contractor(s) and Union(s) will give credit to such Veterans for bona fide, provable past experience.

ARTICLE 20
TERM

20.1 This Agreement shall be included as a condition of the award of the Construction Contract.

20.2 This Agreement shall continue in full force and effect for a term of three (3) years from the Effective Date and shall be applicable to all Projects until completion that are advertised for bidding during the term.

20.3 This Agreement shall continue in full force and effect until Completion of the Term. The parties may mutually agree to extend and/or amend this Agreement, and will review the Agreement at two years from date of execution for possible extensio n beyond the initial term . Review of the Agreement may include, but is not necessarily limited to, the following criteria: (1) the impact of the agreement on local jobs and work hours , (2) the administrative costs of implementing the Agreement, and (3) the impact on awarding contracts or subcontracts to City-based businesses as a result of the Agreement.

23 ARTICLE 21

COMPLIANCE

21.1 It shall be the responsibility of the Contractor(s) and Union (s) to investigate and monitor compliance with the provisions of this Agreement contained in Article 15. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent Trust Fund cont ributions from Contractors on the Project.

ARTICLE 22

SUBSTANCE ABUSE PREVENTION

22.1 The use, sale , transfer and/or possession of a controlled substance during the work day is prohibited. Accordingly, the parties agree to adopt the procedures and safegu ards for the testing of employees for prohibited or controlled substances set forth in the Uniform Substance Abuse Prevention Policy, attached as Attachment C hereto (the “Policy”). With respect to testing procedures, the parties agree that:
(i) No person referred from a Union hiring hall or any hiring organization shall be allowed on site as an employee until such person has completed and passed any test required under the applicable Policy; and
(ii) A person who is put to work immediately after having passed the tests shall be paid starting at the time the person reported for the test; and
(iii) Where a contractor requests a person to report for purposes of a pre -hire substance abuse test, and does not intend to place the person in an active work position that day, the person shall receive four (4) hours of pay at the regular straight-time hourly rate if the test is negative.

22.2 Requirements of Substance Abuse policies currently contained within a Master Agreement shall supersede the Policy attached as Attachment C and of the General Contractor policy below.

22.3 If the Substance Abuse policy of the General Contractor meets or exceeds the requirements of the policy in Attachment C, the General Contractor may then use their policy.

City of Hayward

By Date: _______________________________

Alameda County Building & Construction Trades Council, AFL-CIO

By Date________________________________

24 Asbestos Workers, Local 16

By: ___

Auto & Marine Painters, Local 1176

By: ___
Boilermakers, Local 549

By: ___

Bricklayers & Allied Craftsmen, Local 3

By: ___
Carpenters, Local 2236

By: ___

Carpenters, Local 713

By: ___
Carpet & Lino Layers, Local 12

By: ___

Cement Masons, Local 300

By: ___
Electrical Workers, Local 595

By: ___

Elevator Constructors, Local 8

By: ___
Glass Workers, Local 169

By: ___
Insulator Workers, Local 16

By: ___
Ironworkers, Local 378

By: ___
Laborers, Local 67

By: ___
Laborers, Local 304

By: ___

Lathers, Local 68L
Laborers, Local 886

By: ___

Millwrights, Local 102
By: ___

By: ___

25 Operating Engineers, Local 3

By: ___

Painters, Local 3

By: ___
Plasters, Local 66

By: ___

Roofers, Local 81

By: ___
Sheet Metal Workers, Local 104

By: ___

Sign Display, Local 510

By: ___
Sprinkler Fitter, Local 483

By: ___

Pile Driver, Local 34

By: ___
Plumbers & Steamfitters, Local 342

By:

Teamsters, Local #853

By: ___
U.A. Utility/Landscape, Local 355

By:

District Council #16 Painters
(Local 1176, 12, 169, 3)

By:

No. CA Carpenters Regional Council
(Local 713, 2236, 68L, 102, 34)

By:

District Council Iron Workers of CA &
Vicinity Trades *Only Regional*

By: ___

ARTICLE 21

COMPLIANCE

21. 1 It shallbe the responsibilityof the Contractor(s) and Union(s) to investigateandmonitor compliance with the provisions of this Agreement contained in Article 15. Nothing in this Agreement shallbeconstruedto interferewithor supersedethe usualandcustomarylegalremediesavailableto the Unions and/ or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractors on the Project.

ARTICLE 22

SUBSTANCE ABUSE PREVENTION

22. 1
The use, sale, transferand/or possessionof a controlledsubstanceduringthe workdayis prohibited. Accordingly, thepartiesagreeto adopttheproceduresandsafeguardsforthetestingof employeesfor prohibited or controlledsubstancessetforth in the UniformSubstanceAbusePrevention Policy, attachedasAttachmentChereto (the "Policy"). With respectto testingprocedures, theparties agree that:
i) No personreferredfrom a Unionhiringhallor anyhiringorganizationshallbeallowedonsite as an employeeuntil such personhascompletedand passedanytest required under theapplicable Policy; and
ii) A personwhoisputto workimmediatelyafterhavingpassedthetestsshallbepaidstarting at the time the person reported for the test; and
iii) Wherea contractorrequestsa personto reportfor purposesof apre -hiresubstanceabuse test, anddoesnotintendto placethepersoninanactiveworkpositionthatday, thepersonshallreceive four (4) hoursof payatthe regularstraight -time hourlyrate if the test isnegative.

22. 2 Requirementsof SubstanceAbusepoliciescurrentlycontainedwithin a MasterAgreementshall supersedethe PolicyattachedasAttachmentCandof the GeneralContractorpolicybelow.

22. 3 if the SubstanceAbusepolicyof theGeneralContractormeetsor exceedsthe requirementsof the policyin AttachmentC, the GeneralContractormaythen usetheir policy.

City of Hayward
Z Date:

Alameda County Building struction Trades Council, AFL- CIO By Date _ ( 2 3
23 26

ATTACHMENT A

AGREEMENT TO BE BOUND

The undersigned, as a Contractor or Subcontractor (“Contractor”) on a City Project (“Pro ject”), for and in consideration of the award to it of a contract to perform work on said Project, and in further consideration of the mutual promises made in the Community Workforce Agreement (“Agreement”), a copy of which was received and is acknowledged, hereby:

Accepts and agrees to be bound by the terms and conditions of the Agreement, together with any and all amendments and supplements now existing or which are later made to said Agreement; Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said Agreement;
Agrees to secure from an y contractor (as defined in said Agreement) which is or becomes a subcontractor (of any tier) to it, and from any successors, a duly executed Agreement to be bound in form identical to this document;
Contractor agrees that it shall be bound by all applicable trust agreements and plans for the provision of such fringe benefits as accrue to the direct benefit of the construction persons, including Health and Welfare, Pension. Training, Vacation, and/or other direct benefits provided pursuant to the appropriate craft Master Agreement and ratifies and accepts the trustees appointed by the parties to such trust funds, and agrees to execute a sep arate Subscription Agreement(s) for Trust Funds when such Trust Fund(s) requires such document(s).

Date: __________________________________

Company Name______________________________________________________________

Name of Prime Contractor or Higher Level Subcontractor:

Name of Project: _____________________________________________________________

Signature: __________________________________________

Print Name: __________________________________________

Title: ________________________________________________

Contractor’s License #: _________________________________

Motor Carrier Permit (CA) #:_____________________________

27 ATTACHMENT B

(List of Master Agreements)

28 ATTACHMENT C

CITY OF HAYWARD COMMUNITY WORKFORCE AGREEMENT UNIFORM

SUBTANCE ABUSE PREVENTION POLICY
This Uniform Substance Abuse Prevention Policy, hereinafter referred to as “Policy,” is adopted by the City of Hayward, the Alameda County Building and C onstruction Trades Council, AFL -CIO, the Unions that become signatories to the Community Workforce Agreement (collectively referred to as “Unions”) and the Contractors who agree to be bound by the City of Hayward Community Workforce Agreement (collectively the “parties”).

The parties agree and acknowledge that the United States Government may require differing testing and detection standards than those that are contained in this policy for certain projects that will be constructed under the Community Workforce Agreement (the “CWA”). To the degree that these federal policies differ in substance or procedure (including the use of random testing) , the parties acknowledge that the federal policies will prevail where required by law or regulation. Violation of any federal policy will result in the same consequences as a violation of this Policy.

POLICY
The Contractors and the Unions are committed to protecting the health and safety of individual employees, their co-workers, and the public at large from the hazards caused by the misuse of drugs and alcohol on the job. The safety of the public, as well as the safety of fellow employees, dictates that employees not be permitted to perform their duties while under the influence of drugs or alcohol.

This Policy supersedes any policies negotiated for any other work outside of the Project by Contractors and the Unions that might otherwise apply. Nothing in this Policy is intended to supersede or diminish more restrictive controlled substance or alcohol regulations impose d by federal or state agencies upon specific employee groups or categories of employees who are also covered by this Policy. A summary of this Policy will be provided to all dispatched employees. The full Policy will be made available to any Union representative or to Project employees upon request.

The intention of this Policy is to comply with the City of Hayward CWA’s requirement to maintain a drug and alcohol free workplace in order to ensure safe and productive working conditions with due regard for the personal privacy interests of Project employees. It is not the intention of the parties that any Contractor intrude on off-duty activities of Project employees away from the Project site unless those activities have a job-related impact. The circumst ances permitting controlled substance and alcohol testing in the Policy have been carefully defined and intentionally restricted. The Substance Abuse Prevention Coordinator will retain oversight over Policy implementation and will monitor test procedures for consistency and policy compliance.

In order to implement this Policy, the following agreements have been reached:

29 1. No employee may purchase, sell, transfer, furnish, possess, use or be under the influence of illegal drugs or any alcoholic beverage while working on any Project job site in connection with work performed under the CWA, or when using any Contractor vehicle.

2. The proper use of prescription drugs or over-the-counter medication as part of a medical treatment program and consistent with the terms of this Policy is not a violation of this Policy. The improper use of prescription drugs, over -the-counter medication or the use of designer synthetic drugs that alters or affects an individual’s motor function or mental capacity is prohibited and is a v iolation of this Policy. Employees who believe or have been informed that their use of any prescription drug or over-the-counter medication may present a safety risk are to report such use to the Contractor’s supervision to ensure the safety of themselves, other employees, and Contractor or Project property or vehicles.

3. Any employee, while employed on the Project, who tests positive for drug or alcohol abuse or who is convicted for selling illegal drugs off the Project will not be permitted to work on the Project and will be subject to discipline up to and including discharge, subject to the provisions of this Policy.

Employees engaged in the sale, purchase or use of illegal drugs during the employee’s working hours will be subject to immediate termination and removed from the Project and will not be eligible for rehire.

4. Any prospective or dispatched worker who fails the pre -employment testing required pursuant to this Policy will be denied employment and will not be eligible for referral to any Contractor on the Project until a period of not less than sixty (60) calendar days has passed and the applicant has provided a certification of rehabilitation and satisfactory participation in an approved counseling or rehabilitation program, which will be at the employee’s expense.

5. Any prospective or dispatched worker/employee who refuses to submit to a properly administered drug or alcohol test will be treated as having tested positive on the test and will be subject to removal from the Project and will not be granted permission for a second drug or alcohol test for a period of ninety (90) days.

NOTICE

1. When calling the Union hiring hall for workers, the Contractor shall advise the Union dispatcher that the Contractor will require any dispatched worker to take a pre -employment drug and alcohol test, and that worker(s) will be subject to further testing in accordance with specified circumstances outlined in this Policy.

2. At the commencement of a Contract, the Contractor shall also provide notice in advance of the first dispatch request either by certified mail, by facsimile transmission or by hand delivery.

3. The Contractor shall provide written notice to each employee, attached hereto as Appendix C, of the major provisions of the drug and alcohol testing policy and its consequences.

4. A Contractor that fails to provide notice to the dispatcher shall be liable for two hours show -up pay for any dispatched worker who refuses to take a pre -employment test, and a dispatched worker’s

30 refusal to take the test may not be used in an y adverse manner against that worker, except that no dispatched worker will be hired without having taken a pre-employment drug test.

TERMS/DEFINITIONS

For purposes of this Policy, the following terms/conditions will apply:

1. Illegal drugs:

For the purpose of this Policy, the terms “illegal drugs” or “drugs” refer to those drugs listed in Appendix A, except in those circumstances where they are prescribed by a duly licensed health care provider.

Appendix A lists the illegal drugs and alcohol and the thre shold levels for which an employee/applicant will be tested. Threshold levels of categories of drugs and alcohol constituting positive test results will be determined using the applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”) (formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S.

Government thresholds where required, in effect at the time of testing. Appendix A will be updated periodically to reflect the SAMHSA or the U.S. Government threshold c hanges, subject to mutual agreement of the Parties.

2. Prescription Drug:

A drug or medication prescribed by a duly licensed health care provider for current use by the person possessing it that is lawfully available for retail purchase only with a prescription.

3. Reasonable Cause:

Reasonable cause to test (which test must be conducted pursuant to this Policy’s Identification and Consent Procedures outlined below) an employee for illegal drugs or alcohol will exist when specific, reliable, objective facts an d circumstances are sufficient for a prudent person to believe that the employee more probably than not has used a drug or alcohol as evidenced by work performance, behavior or appearance while on the job site. These indicators will be recognized and acce pted symptoms of intoxication or impairment caused by drugs or alcohol, and will be indicators not reasonably explained as resulting from causes other than the use of such controlled substances (such as, but not by way of limitation, fatigue, lack of sleep , side effects of proper use of prescription drugs, reaction to noxious fumes or smoke, etc.) If cause results from an observation, the observation must be confirmed by a second member of the Contractor’s supervision and those Contractor representatives will endeavor to consult with the Contractor’s Safety Representative or a job site management representative, one who must be trained in detection of drug use, and whose training will be documented. The specific behavioral, performance on-the-spot physical indicators of being under the influence of drugs or alcohol

31 on the job will be substantiated in writing by the use of an Incident Report Form (attached as Appendix E).

The following may constitute some of the reasonable cause to believe that an employee is under the influence of drugs or alcohol:
(a) Incoherent, slurred speech;
(b) Odor of alcohol on breath;
(c) Staggering gait, disorientation, or loss of balance; (d) Red and watery eyes, if not explained by environmental causes; (e) Paranoid or bizarre behavior; or
(f) Unexplained drowsiness.

4. Post-Accident Testing:

A Contractor will require that an employee who is involved in an accident in the course of job duties resulting in serious damage to property or equipment or injury to him/herself or others as defined below may be te sted (which test must be conducted pursuant to this Policy’s Identification and Consent Procedures outlined below) for drugs or alcohol where the Contractor Safety Representative or designee concludes that:
(a) The accident may have resulted from human error or could have been avoided by reasonably alert action; and
(b) The employer’s representative reasonably concluded that the employee(s) to be tested caused or contributed to the following circumstances:
(i) An OSHA recordable injury, i.e., medical treatment case, re stricted work case or lost workday case;
(ii) Damage to equipment, vehicles, structures, or guarding resulting in repair costs that in the judgment of the Contractor will exceed $2,500.00; (iii) Loss of material containment resulting in an environmental spill notific ation; or
(iv) Any incident resulting in job site shutdown or involving a fatality; and (c) A basis exists to believe that the employee was under the influence of a drug or alcohol at the time of the accident.

5. Adulterated, Substituted or Diluted Specimens:

This Substance Abuse Prevention Policy adheres to guidelines established in SAMHSA Public Document 035 dated September 28, 1998, for determining the validity of a specimen. This guideline is consistent with the Department of Transportation (DOT) regulation s (49 CFR Part 40 and 382) that permit laboratories to conduct additional tests to determine the validity of a specimen.

32 An employee/applicant submitting a specimen for which an approved testing laboratory reports the existence of an “adulterant,” “interfering substance” and/or “masking agent” or the sample is identified as a “substituted specimen” will be deemed a violation of the PSA and Policy and will be processed as if the test result were positive. Those employees/applicants for whom the testing lab oratory reports an “adulterated,” “interfering substance,” “masking agent” or “substituted” specimen will be prohibited from the Project for not less than ninety (90) calendar days and the employee/applicant shall be required to show certification of reha bilitation of satisfactory participation in a Substance Abuse Prevention Coordinator-approved rehabilitation program, not at the expense of the Contractor or Owner, as a condition of the employee’s return to work at that time.

The guideline issued in PD 035, in the SAMHSA September 28, 1998, memo uses the following reporting protocols:
(a) Adulterated Specimen: PD 035 includes three definitions for Adulterated:
(i) If the nitrite concentration is equal to or greater than 500 mcg/mL. (ii) If the pH is less than or equal to 3, or if it is greater than or equal to 11. (iii) If a foreign substance is present, or if an endogenous substance (one that is normally found in urine) is present at a concentration greater than the normal physiological concentration.
(b) Substituted Specimen: one that has a creatinine reading of less than or equal to 5mg/dL and a specific gravity less than or equal to 1.001 or greater than or equal to 1.020. These specimens do not exhibit the clinical signs or characteristics associated with normal urine. (c) Dilute Test: Protocol covering diluted specimens will follow guidelines established by SAMSHA PD 035 in its memo dated September 28, 1998. Specimens identified by the testing laboratory as dilute will require the employee/applicant to submit to an observed test. Refusal to retest or noncompliance with drug testing procedures will result in the employee/applicant being prohibited from working on the Project for ninety (90) calendar days, and the employee/applicant will be required to successfully complete a Substance Abuse Prevention Coordinator-approved rehabilitation program at his/her own expense as a condition of the employee’s return to work at that time.

A “dilute specimen” is defined as: “one that has creatinine reading less than 20 mg/dL, but greater than 5mg/dL, and a specific gravity less than 1.003 but greater than 1.001.

6. Project:

The Project is defined as any construction activity that is undertaken under the terms of the City of Hayward Community Workforce Agreement.

33 IDENTIFICATION AND CONSENT PROCEDURE

1. When a prospective employee or dispatched worker arrives at the job site for potential employment, he/she will be shown and sign a copy of the Pre -Employment Substance Abuse Prevention Testing Consent/Waiver Form attached as Appendix D before ta king a pre -employment drug or alcohol screening test. An employee who is working on the Project and has submitted to the pre -employment drug and alcohol test and has tested negative may thereafter be required to submit to drug or alcohol testing only if the Contractor has “reasonable cause” to believe that the employee is under the influence of drugs or alcohol in violation of this Policy or in connection with an accident as set out above in this Policy. The Contractor may order urine (or in the case of alcohol, breathalyzer) testing only.

2. If a management representative (preferably not in the bargaining unit) makes observations of an employee which may constitute reasonable cause for drug or alcohol testing, the supervisor shall immediately take the following actions:

A. Inform the employee that he/she may have a Union Representative present, if reasonably available. The employee will be shown the Substance Abuse Prevention Testing Consent/Waiver Form attached as Appendix B.

B. Fill out the Incident Report For m, including a statement of the specific facts constituting reasonable cause to believe that the employee is under the influence of drugs or alcohol, and the name of the person(s) making the supporting observations.

C. Provide a completed copy of this Incident Report Form to the employee before he/she is required to be tested (and one copy made available to the Union Representative, if present). After being given a copy of the Incident Report Form, the employee will be allowed enough time to read the entire document, to understand the reasons for the test.

D. Provide the employee with an opportunity to provide an explanation of his/her condition, including providing evidence (e.g., doctor’s prescription or note, or prescription container) or existing medical treatment or reaction to a prescribed drug. If available, the Union Representative shall be present during such explanation and will be entitled to confer with the employee before the explanation is required.

E. If the Management representative(s), after observi ng the employee, and hearing any explanation, concludes that there is in fact reasonable cause to believe that the employee is under the influence of drugs or alcohol, the employee may be ordered to submit to a drug and/or alcohol test and will be asked to sign the Consent/Waiver Form attached as Appendix B.

3. Failure to follow any of these procedures will result in the elimination of the test results as if no test had been administered; the test results will be destroyed and no discipline shall be imposed against the employee. Refusal of the employee to submit to the test where these procedures have been followed

34 will be treated as a positive test and subject the employee to discipline including removal from the Project and discharge.

4. Unless there is reaso n to believe that the person being tested has previously altered a sample or unless there is agreement in writing, an individual will be allowed to provide the required specimen in the privacy of a stall or partitioned area.

5. A worker initially dispatched to a Project job site where this Policy is in effect will be required to submit to testing for illegal drugs or alcohol as defined in the Policy. The testing of such workers must be conducted in compliance with the “Drug Testing Procedures” described in this Policy, and be required of dispatched workers only on the first day of reporting to the initial job site. The urine drug and alcohol testing of these dispatched workers is the only testing allowed under this Policy, other than for “ reasonable cause” or in connection with an accident as set out above in this Policy. Notwithstanding this provision, if a rehabilitation program or drug treatment program determines that periodic testing is appropriate or necessary for the employee who has tested positive under this Policy, then that employee will be subject to future urine drug testing as recommended by the rehabilitation program.

Except as set out in the Notice provision above, a worker initially dispatched to such job site who refuses to submit a urine sample for drug/alcohol testing will not be entitled to show -up pay for that day, and will be denied employment on the Project for a period of ninety (90) calendar days. If a worker who has refused a test returns to the same job site within ninety (90) ca lendar days, and is denied work, that worker will not be entitled to show -up pay. If a worker initially dispatched to the job site refuses to submit a urine sample or to take a breathalyzer test for drug/alcohol testing, and that worker is denied employment for ninety (90) calendar days this action will not be grieveable under the CWA. If the worker tests negative for drugs and alcohol, he/she will not be drug tested again while employed by the Contractor at any job site except for reasonable cause or post-accident as described in this Policy.

6. If the Contractor has reasonable cause to believe an employee is under the influence of drugs or alcohol, or requires a post accident drug or alcohol test, as set forth in this Policy, and the employee refuses to su bmit to a drug test, the refusal shall be treated as a positive test result and the employee/applicant shall be subject to discipline, including removal from the Project and discharge.

7. The following rules control the pay for dispatched workers tested on t he first day of their employment:

A. A dispatched worker who is put to work immediately after having passed the test shall be paid starting at the time the worker reported for the test(s).

B. Where a contractor requests a dispatched worker to report for purpose s of a pre -hire substance abuse test, and does not intend to place the worker in an active work position

35 on that day, the worker shall receive four (4) hours of pay at the regular straight -time hourly rate if the test is negative.

C. If the dispatched worker is not allowed to work until the results of the drug test are received, and the test results are positive, the dispatched worker is not entitled to any form of pay (including show-up pay).

D. If the dispatched worker is put to work, that dispatched worker is entitled to pay and benefits under the CWA for all hours worked, regardless of the results of the drug test.

E. Where a Contractor fails to provide notice, pursuant to this Policy, to the Union hiring hall that the job site is a drug and alcohol testing site, a dispatched worker who refuses to take the pre -employment test will be paid two hours show -up pay, except that no dispatched worker will be hired without having taken a pre-employment drug test.

DRUG TESTING PROCEDURES

1. The testing shall be done at a ce rtified laboratory located in California. The parties retain the right to inspect the laboratory to determine conformity with the standards described in this Policy. The laboratory will only test for alcohol and the illegal drugs listed in the Definition Section of this Policy and Appendix A. All testing will be at the Contractor’s expense.

Testing procedures, including controlled substance to be tested, specimen collection, chain of custody and threshold and confirmation test levels shall comport with the Mandatory Guidelines For Federal Workplace Testing Programs established by the U.S. Department of Health and Human Services, as amended and the Federal Motor Carrier Safety Act regulations, where applicable.

Controlled substance tests shall be conduct ed only by laboratories licensed and approved by SAMHSA which comply with the American Occupational Medical Association (AOMA) ethical standards. Controlled substance tests shall be by urinalysis and shall consist of two procedures, a screen test (EMIT or equivalent) and if that is positive, a confirmation test (GC/MS). Alcohol test shall be by breathalyzer. Any test revealing a blood/alcohol level equal to or greater than 0.08 percent, or the established California State standard for non -commercial motor vehicle operations, or when operating a moving vehicle or crane any test revealing a blood/alcohol lever equal to or greater than

0.04 percent, or the established California State standard for commercial motor vehicle operations, shall be positive and will be conducted under procedures consistent with California state law.

An employee/applicant presenting himself/herself at a Substance Abuse Prevention Coordinator - approved drug collection site must have a minimum of one piece of government -issued photo identification and may not leave the collection site for any reason – unless authorized by the collection agency – until he/she has fully completed all collection procedures. Failure to follow all collection procedures will result in the employee/applicant being classified as “refusing to test” and

36 being prohibited from working on the Project for a minimum of ninety (90) calendar days from the date of the scheduled test.

At the time the urine specimens are collected two (2) separate samples shall be placed in separate sealed containers. One (1) of the samples collected in a separate container shall be kept refrigerated at the site where the sample is given. Upon request, this second sample shall be made available to the employee for testing by a certified l aboratory selected by the employee at the employee’s expense.

2. The specific required procedure is as follows:

A. Urine will be obtained directly in a tamper -resistant urine bottle. Alternatively, the urine specimen may be collected at the employee’s option in a wide -mouthed clinic specimen container that must remain in full view of the employee until transferred to, sealed and initialed, in separate tamper-resistant urine bottles.

B. Immediately after the specimen is collected, it will be divided into two (2) urine bottles which, in the presence of the employee, will be labeled and then initialed by the employee and witness. If the sample must be collected at a site other than the drug and/or alcohol-testing laboratory, the specimens must then be placed in a tr ansportation container. The container shall be sealed in the employer’s presence and the employee must be asked to initial or sign the container. The container will be sent to the designated testing laboratory on that day or the earliest business day by the fastest available method.

C. A chain of possession form must be completed by the hospital, laboratory and/or clinic personnel during the specimen collection and attached to and mailed with the specimens.

3. The initial test of all urine specimens will util ize immunoassay techniques. All specimens identified as positive in the initial screen must be confirmed utilizing gas chromatography/mass spectrometry (GC/MS) technique that identifies at least three (3) ions. In order to be considered “positive” for reporting by the laboratory to the employer, both samples must be tested separately in separate batches and must also show positive results on the GC/MS confirmatory test.

4. All positive drug, alcohol or adulterant test results must be reported to a Medical R eview Officer (MRO) appointed by the designated laboratory. The MRO shall review the test results and disclosure made by the employee/dispatched worker and shall attempt to interview the employee/dispatched worker to determine if there is any physiologica l or medical reason why the result should not be deemed positive. If no extenuating reasons exist, the MRO shall designate the test positive. The MRO shall make good faith efforts to contact the employee/ dispatched worker, but failing to make contact wit hin two (2) working days, may deem the employee/ dispatched worker ’s result a “lab positive.” After the issuance of a “lab positive,” the employee/ dispatched worker will be barred

37 from the Project until the employee/dispatched worker makes contact with the MRO and the MRO sends the Substance Abuse Prevention Coordinator a written confirmation of the negative result.

5. If the testing procedures confirm a positive result, as described above, the employee/dispatched worker and the Substance Abuse Prevention Coordinator will be notified of the results in writing by the MRO, including the specific quantities. If requested by the employee or the Union (within the written consent of the member), the laboratory will provide copies of all laboratory reports, forensic opinions, laboratory work sheets, procedure sheets, acceptance criteria and laboratory procedures.

6. In the event of a positive drug or alcohol test, an automatic confirmation test will be performed on the original specimen by the testing laboratory at no cost to the employee. In addition, the testing laboratory shall preserve a sufficient specimen to permit an independent re-testing at the request of the employee at his/her expense. Re -tests may be conducted by the same or any other approved laboratory. The laboratory shall endeavor to notify the MRO of positive drug, alcohol or adulterant test results within five (5) working days after receipt of the specimen. The employee may request a re-test within five (5) working days from notice of a positive test result by the MRO. Costs of re-tests will be paid in advance by the requesting party.

7. The Substance Abuse Prevention Coordinator shall ensure that all specimens confirmed positive will be retained and placed in properly secured long-term frozen storage for a minimum of one (1) year, and be made available for retest as part of any administrative proceedings.

8. All information from an employee’s or dispatched worker’s drug and alcohol test is confidential for purposes other than determining whether this Policy has been violated. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee or dispatched worker. The results of a positive drug test shall not be released until the results are confirmed.

9. Every effort will be made to ensure that all employee substance abuse problems will be discussed in private and actions taken will not be made known to anyone other than those directly involved in taking the action, or who are required to be involved in any disciplinary procedure, and those persons will be identified in writing at the time of the procedure.

No laboratory or medical test results will appear in the employee’s Personnel File. Information of this nature will be kept in a separate confidential file.

All necessary measures shall be taken to keep the fact and the results of the test confidential.

38 CONSEQUENCES FOR VIOLATIOING

THE RULES AND PROVISIONS OF THIS POLICY

1. Prospective or dispatched workers: Dispatched worke rs who test positive to the pre -employment drug and alcohol test conducted pursuant to this Policy will be denied employment by the Contractor until the test is confirmed to the dispatched worker in writing. Dispatched workers will be informed in writing if they are rejected on the basis of a confirmed positive drug test result. A dispatched worker may utilize the CWA grievance procedure to challenge the validity of a positive test result.

2. Employees: If the initial results of a drug or alcohol test admin istered by the Contractor show that the employee was under the influence of drugs or alcohol while on duty, the employee will be removed from the Project until the test results have been confirmed by the procedures contained in this Policy.

(a) If the final test is negative, the employee will be reinstated with full back pay for lost time.

(b) If the initial positive test result is confirmed, the employee will be barred from the Project effective the date and time of the collection of the test specimen. The empl oyee is subject to termination, subject to the provisions of the section below.

(c) Discipline imposed for a first positive test for an employee subjected to reasonable-cause testing, or subject to post -accident testing when in fact drugs or alcohol played no role in the accident, and any grievance filed in response thereto, will be held in abeyance pending voluntary participation by the employee in a Substance Abuse Prevention Coordinator-approved treatment program during an unpaid leave of absence.

(d) The employee may return to work if work is available after a certificate of either rehabilitation or satisfactory participation in the program. If the program determines that periodic testing is appropriate or necessary, the employee will be subject to future uri ne drug or alcohol testing, even on a random basis.

(e) If the employee successfully completes or participates in such a program or is not disciplined for substance use, possession or being under the influence of drugs or alcohol for twenty -four (24) months following the initial confirmed positive test, the discipline shall be revoked.

(f) A second positive test will result in the imposition of discipline, including termination and removal from the Project and the lifting of any suspension regarding discipline imposed for a first test less than twenty-four (24) months preceding the date of the second positive test.

39 NOTICE AND CONSENT/WAIVER FORMS

Employees must execute a written consent and waiver to submit to the drug and alcohol tests and for the testing laboratory to release the report of test results to the Contractor. The individual to be tested will sign the form attached as Appendix D at the time of submitting to a pre-employment test and the form attached as Appendix B for any subsequent test. Signing the Content/Waiver Form will not waive any individual rights available to the employee under federal or state law. The employee must also sign at the time of employment the Notice Form, attached as Appendix C, describing the employee’s obligations under this Uniform Substance Abuse Prevention Policy.

SUBSTANCE ABUSE PREVENTION COORDINATOR

The City will designate a Substance Abuse Prevention Coordinator from candidates nominated by the parties to the CWA to monitor compliance with this Policy and to provid e assistance to Project employees with questions concerning drugs or alcohol test procedures, availability of approved counseling or rehabilitation or any other drug or alcohol matters. All inquiries to the Coordinator will be confidential. The parties a re eager to help employees with drug and alcohol problems. The Coordinator will be prepared to assist employees in discussing insurance coverage and locating available counseling, rehabilitation and community resources.

SUPERVISOR TRAINING

The Contrac tor shall develop and implement a program of training to assist management representatives and stewards in identifying factors which constitute reasonable cause for drug testing, as well as a detailed explanation and emphasis on the terms and conditions of the Policy.

EMPLOYEE VOLUNTARY

SELF-HELP PROGRAM

An employee who engages in drug/alcohol abuse is encouraged to participate in an Employee Voluntary Self-Help Program. Employees who seek voluntary assistance for alcohol and/or substance abuse not arisi ng out of or in connection with the occurrence of any testing incident or related disciplinary action may not be disciplined for seeking such assistance. Request by employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent. Such Voluntary Self-Help Program will not be at the expense of the Contractor. An Employee Self -Help Program Counselor shall not disclose information on drug/alcohol use received from an employee for any purpose or under any circumstances, unless specifically authorized in writing by the employee.

40 The Contractor shall offer an employee affected by alcohol or drug dependency an unpaid medical leave of absence, for the purpose of enrolling and participating in a drug or alcohol rehabilitation program. Any employee who voluntarily submits to such Voluntary Self-Help Program may return to employment on the Project upon successful completion of such a program, or upon a certification of rehabilitation and satisfactory participation in such a program, and provide that the employee passes a drug and alcohol test upon return to the Project and agrees for a period of one (1) year thereafter, to submit to periodic drug and alcohol testing, which shall be conducted in addition to any reasonable cause or post-accident testing otherwise conducted, if considered appropriate or necessary by the rehabilitation program.

The Substance Abuse Prevention Coordinator will work with the signatory Unions to devel op an “approved” list of counseling and rehabilitation programs to be used by the employees/ dispatched workers who test positive for illegal drugs, alcohol, adulterants or misuse of prescription drugs. The cost of counseling and rehabilitation will not be the responsibility of the Contractor.

GRIEVANCE PROCEDURE

All disputes concerning the interpretation or application of the Policy shall be subject to the grievances procedure established by the CWA. Nothing in the grievance procedure may void this Uniform Substance Abuse Policy from continued utilization on Project work.

SAVINGS CLAUSE

The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of the Policy be determined contrary to law, such invalidation of that part or portion of the Policy will not invalidate the remaining portions. In the event of such determination, the parties to the CWA agree to meet promptly to commence negotiations concerning the provision affected by such decision for the purpose of achieving conformity with the requirements of the applicable law and the intent of the parties hereto.

41 TERM OF THE POLICY

This Policy constitutes the only agreement in effect between the parties to the CWA concerning drug abuse, prevention and drug testing. No revisions or amendments will be made to this Policy except with the written approval of the partiers hereto. This Policy shall become effective for all work covered by the CWA upon the effective date of the CWA and shall remain in effect for the duration of the CWA unless terminated or amended by the mutual consent of the parties hereto.

The parties to the CWA agree to meet on an annual basis to review this Policy, to bring it into compliance with th e law, if necessary, and to review other considerations which may arise during the course of the CWA. Changes in this Policy may be made only if mandated by law or agreed upon by the parties.

42 APPENDIX A

SUBSTANCE ABUSE PREVENTION AND DETECTION

THRESHOLD LEVELS

CONTROLLED
SUBSTANCE*

SCREENING
METHOD

SCREENING
LEVEL**

CONFIRMATION
METHOD

CONFIRMATION
LEVEL
Amphetamines EMIT 1000 ng/ml GC/MS 500 ng/ml**
Barbiturates EMIT 300 ng/ml GC/MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml GC/MS 300 ng/ml
Cocaine EMIT 300 ng/ml** GC/MS 150 ng/ml**
Methadone EMIT 300 ng/ml GC/MS 100 ng/ml
Methaqualone EMIT 300 ng/ml GC/MS 300 ng/ml
Opiates EMIT 2000
ng/ml**
GC/MS 2000 ng/ml**
PCP (Phencyclidine) EMIT 25 ng/ml** GC/MS 25 ng/ml**
THC (Marijuana) EMIT 50 ng/ml** GC/MS 15 ng/ml **
Propoxyphene EMIT 300 ng/ml GC/MS 100 ng/ml
Alcohol EMIT 0.08 or

0.04% as
required
GC/MS 0.08 or 0.04% as
required

*All controlled substances including their metabolite components. ** SAMHSA specified threshold
*** A sample reported positive contains the indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level. Testing levels may be changed to meet revised industry standards subject to mutual agreement.

EMIT - Enzyme immunoassay
GC/MS – Gas Chromatography/Mass Spectrometry

43 APPENDIX B

EMPLOYEE DRUG TEST

CONSENT/WAIVER FORM

TO: (Name of Contractor/Employer) ___________________________________________________ FOR: (Project Name) _________________________________________________________________ Name of Dispatched Worker/Employee: ___________________________________________________ Social Security Number: ________________________________________________________________ Home Address: _______________________________________________________________________ City: __________________________ State: _________________________ Zip Code: _______________ Home Telephone: _____________________ Other Phone Numbers: ____________________________

Consent for Testing

I (name) __________________________________ understand that my Employer has determined that there is probable cause to believe that I have been working at the job site under the influence of alcohol or drugs.

In response to this, my Employer requires that I provide a urine (or breathalyzer) sample as is allowed under the Project drug testing policy.

These tests will be used to detect the presence of alcohol, marijuana and/or other drugs in my body. I understand that if these drugs are found to be present in my body that I will be subject to discipline including discharge from employment.

I hereby consent and agree to give specimens of my urine or to take the breathalyzer test. My refusal to provide such a specimen or take such a test will lead to termination of my employment.

All charges for these tests will be paid for by the Employer and not by me.

Waiver: The results of any test I am required to take may be furnished, in accordance with the terms of this policy, to the Medical Review Officer, the Substance Abuse Prevention Coordinator and my employer.

The company may inform the Union that I failed the test only if a grievance is filed in my behalf.

I have read and understood and agree to the above:

Witness Signature Employee Signature

Date Date

44 APPENDIX C

UNIFORM SUBSTANCE ABUSE PREVENTION POLICY NOTICE FORM

The City of Hayward CWA Substance Abuse Prevention Policy requires that:

• Use, possession or the sale of controlled substances at the Project site is prohibited. E mployees engaged in the sale, purchase or use of illegal drugs during the employee’s working hours will be subject to immediate termination, removed from the Project and not be eligible for rehire. • Conviction for selling illegal drugs, while employed on this Project, even if off the Project, will cause me to be barred from the Project and will subject me to discipline, including discharge. • Use of prescribed or over-the-counter medication is permitted if it will not affect work performance. • If prescribed or over-the-counter medication may cause a safety risk, I must notify my Contractor/Employer prior to using such substances on the job. • If I refuse to submit to pre -employment screening/testing for controlled substances and alcohol as requested by the Contractor in accordance with the terms of the Policy, I will not be eligible to retake the drug test for ninety (90) calendar days. I understand that nobody will be hired on the Project without taking and passing such a test.
• The presence of an adulterant in my system at or above the defined threshold levels will make me ineligible for employment, or will result in the termination of my employment and ineligibility for reemployment, for at least ninety (90) calendar days.
• I will not be hired if I fail the test b ecause an illegal drug or alcohol is found in my system, and I will not be eligible to be employee for ninety (90) calendar days and unless I have participated successfully in a drug or alcohol rehabilitation program. • I may be terminated for failing a drug or alcohol test, and I will be required to complete an approved counseling or rehabilitation program and to agree to periodic testing at that program’s request in order to return to work.

I sign this acknowledgement voluntarily, with full knowledge and understanding of the City of Hayward CWA Substance Abuse Prevention Program and I agree to be bound by its terms.

(Employee Name) Print_________________________________________

Signature______________________________________

Date _________________________________________

Contractor/Company Name
______________________________________________________________

45 APPENDIX D

CITY OF HAYWARD CWA

PRE-EMPLOYMENT DRUG TEST

CONSENT/WAIVER FORM

TO: (Name of Contractor/Employer) __________________________________________________ FOR: (Project Name) ________________________________________________________________ Name of Dispatched Worker/Employee: __________________________________________________ Social Security Number: _______________________________________________________________ Home Address: ______________________________________________________________________ City: __________________________ State: _______________________ Zip Code: ________________ Home Telephone: _________________________ Other Phone Numbers: _______________________

Consent for Testing

I (name) __________________________________ understand that the City of Hayward Project to which I have been dispatched, or for which I am seeking employment, requires pre -employment drug and a lcohol testing. The company to which I have been dispatched requires that I take and pass this test prior to commencing employment.

These tests will be used to detect the presence of alcohol, marijuana and/or other drugs in my body. I understand that if these drugs are found to be present in my body that I will be ineligible for employment on the Project and will not be able to take a new drug or alcohol test for ninety (90) days.

I hereby consent and agree to give specimens of my urine. My refusal to p rovide such a specimen will prevent me from gaining employment on the Project for ninety (90) days.

All charges for these tests will be paid for by the Employer and not by me.

Waiver: The results of any test I am required to take may be furnished, in ac cordance with the terms of this policy, to the Medical Review Officer, the Substance Abuse Prevention Coordinator and my employer.

The company may inform the Union that I failed the test only if a grievance is filed in my behalf.

I have read and understood and agree to the above:

Witness Signature Prospective/Dispatched Worker

Date Date

46 APPENDIX E

INCIDENT REPORT FORM

Employer__________________________________________________________________________ Employee involved__________________________________________________________________ Date of Incident ____________________ Time of Incident________________________________ Location of Incident ________________________________________________________________ Employee’s Job Assignment/Position __________________________________________________ Has employee been notified of his/her right to Union Representation? ________________________ Date/Time notified ________________________________________________________________ Employee’s Initials _________________________________
Witness to incident _________________________________

OBSERVATIONS:
_______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________

EMPLOYEE’S EXPLANATION:
_______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________

Action Recommended:
_______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________

Action Taken:
_______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________

Signature Date Signature Date

Employee Representative Union Representative (if present)

Title Title

Date/Time Action taken: _________________________________________________________________

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-226
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2024 Through 2025 and Accept and Appropriate between $250,000 and $350,000 in Reimbursements for Medi-Cal Administrative Activities Services Provided by the City of Hayward

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute the FY24-25 Agreement with the Alameda County Health Care Services Agency (ACHCSA) to accept and appropriate between $250,000 and $350,000 in reimbursement for Medi-Cal Administrative Activities (MAA) services provided by the City of Hayward Youth and Family Services Bureau.

SUMMARY
Since 2006, the City of Hayward has had an annual Memorandum of Understanding (MOU) with ACHCSA to provide Medi-Cal Administrative Activities to youth and families in Hayward, with the goal of promoting family stability and preventing juvenile justice involvement through offering comprehensive, culturally responsive services and opportunities. As a result of this MOU, the ACHCSA provides a yearly reimbursement to the City of Hayward for the cost of time spent providing services that support the Medi -Cal program. Examples of these activities, which are provided by the Youth and Family Services Bureau (YFSB) include assisting eligible individuals to apply for Medi-Cal coverage, connecting people to Medi- Cal covered services, and developing programs and policies that close service gaps and allow more people to access Medi-Cal and Medi-Cal covered services. The amount of MAA reimbursement varies year to year, but it is expected to be between $250,000 and $350,000 for FY24-25, which minimally funds

1.0 Full Time Equivalent (FTE) Family Counselor. Additional revenue generated beyond that is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

Council approval is requested to authorize the City Manager to negotiate and execute the annual MOU with the Alameda County Health Care Services Agency for Medi-Cal Administrative Activities (MAA) to maintain these important mental health services for Hayward youth and families.

CITY OF HAYWARD Printed on 5/3/2024Page 1 of 2
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File #:CONS 24-226

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/3/2024Page 2 of 2
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Page 1 of 4 ends

DATE: May 7, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2024 Through 2025 and Accept and Appropriate Between $ 250,000 And $350,000 in Reimbursements For Medi-Cal Administrative Activities Services Provided by the City of Hayward

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the City Manager to execute the FY24-25 Agreement with the Alameda County Health Care Services Agency (ACHCSA) to accept and appropriate between $250,000 and $350,000 in reimbursements for Medi-Cal Administrative Activities (MAA) services provided by the City of Hayward Youth and Family Services Bureau.

SUMMARY

Since 2006, the City of Hayward has had an annual Memorandum of Understanding (MOU) with ACHCSA to provide Medi-Cal Administrative Activities to youth and families in Hayward, with the goal of promoting family stability and preventing juvenile justice involvement through offering comprehensive, culturally responsive services and opportunities. As a result of this MOU, the ACHCSA provides a yearly reimbursement to the City of Hayward for the cost of time spent providing services that support the Medi-Cal program. Examples of these activities, which are provided by the Youth and Family Services Bureau (YFSB) include assisting eligible individuals to apply for Medi-Cal coverage, connecting people to Medi-Cal covered services, and developing programs and policies that close service gaps and allow more people to access Medi-Cal and Medi-Cal covered services. The amount of MAA reimbursement varies year to year, but it is expected to be between $250,000 and $350,000 for FY24-25, which minimally funds 1.0 Full Time Equivalent (FTE) Family Counselor.

Additional revenue generated beyond that is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

Council approval is requested to authorize the City Manager to negotiate and execute the annual MOU with the Alameda County Health Care Services Agency for Medi-Cal

Page 2 of 4 ends

Administrative Activities (MAA) to maintain these important mental health services for Hayward youth and families.

BACKGROUND

The YFSB’s central mission is to ensure Hayward’s richly diverse youth and families feel safe, supported and experience community connectedness and general wellbeing. This is achieved through offering comprehensive, culturally responsive services and opportunities that promote family stability and prevent juvenile justice involvement through empowering families to build on their strengths, supplement needs, and create pathways to achieving goals. For nearly 45 years, YFSB has successfully done this supporting thousands of families to address challenges and improve their individual and family functioning. Less than 10% of youth who participate in YFSB’s services are arrested or re-arrested within one year. YFSB’s groundbreaking model of integrating mental health clinicians into the Hayward Police Department was recognized in the Commission on Accreditation for Law Enforcement Agencies (CALEA) evaluation as a national model and was recommended for replication in police departments nationwide.

To offset the cost of providing YFSB Services, since 2006, the City has had an annual MOU with the ACHCSA to provide MAA. The State of California Department of Health Care Services (DHCS) recognizes that local, community agencies such as YFSB have a unique relationship with Medi-Cal eligible individuals and are in a position to facilitate these individuals’ access to Medi-Cal and Medi-Cal covered services. It further recognizes the expertise of these agencies to identify and assess the healthcare needs of the Medi-Cal-eligible individuals served. As a result, DHCS, through the ACHCSA, reimburses the City for the cost of time spent providing services that support the Medi-Cal program. Examples of these activities include assisting eligible individuals to apply for Medi-Cal coverage, connecting people to Medi-Cal covered services, and developing programs and policies that close service gaps and allow more people to access Medi-Cal and Medi-Cal covered services. The amount of MAA reimbursement varies year to year, but it is expected to be between $250,000 and $350,000 for FY24-25, which basically funds 1.0 Full Time Equivalent (FTE) Family Counselor. Additional revenue generated beyond that is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

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Table 1 below, summarizes the number of reimbursable hours spent improving access to Medi-Cal and Medi-Cal covered services as part of the MAA program in FY22-23, which is the most recent year with available data.

Table 1. FY21-22 Hours Spent on Medi-Cal Administrative Activities Activity Hours
Medi-Cal Outreach 621
Referral, Coordination, and Monitoring of Medi-Cal-covered services 3533 Contract Administration 376
Program Planning and Policy Development 3419
Total 7949

DISCUSSION

The Youth and Family Services Bureau staff play a critical role in connecting community members to Medi-Cal covered services. In recognition of this function, the County provides an annual reimbursement for the cost of staff time spent providing this service. This reimbursement funding is re-invested to support YFSB programming, which contributes to the overall strength and success of the YFSB model. Providing alternatives to youth involvement in the juvenile justice system is a critical issue locally and nationally. The literature clearly shows that more restrictive juvenile justice interventions such as youth incarceration contribute to poorer outcomes and increased rates of recidivism. Conversely, offering alternatives such as family counseling, case management, and diversion, not only reduces recidivism but also leads to better outcomes for youth and families overall. The execution of this agreement and the acceptance of the associated funding will allow the Youth and Family Services Bureau to continue to play a crucial role in keeping youth out of the juvenile justice system and contributing to the overall safety and wellbeing of Hayward families.

Components of Medi-Cal Administrative Activities (MAA) Program – FY24-25 - Medi-Cal outreach to connect Medi-Cal-eligible individuals with Medi-Cal-covered services;
- Referral, coordination, and monitoring of Medi-Cal covered services; - Facilitating the Medi-Cal application process;
- Contract administration for Medi-Cal covered services; and - Program planning and policy development to increase Medi-Cal system capacity and close service gaps and coordinate with other agencies to improve service delivery

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enforcement, these services give officers more options and minimize formal processing in the juvenile justice system. This has a clear nexus with public safety and contributes to the overall wellbeing of Hayward families.

ECONOMIC IMPACT

As stated under DISCUSSION, above, improving community safety and keeping youth out of the juvenile justice system by supporting them to lead productive and healthy lives will have a positive economic impact on the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City which attracts residents and local businesses.

STRATEGIC ROADMAP

FISCAL IMPACT

The City will receive between $250,000 and $350,000 in reimbursement from the one-year agreement with HCSA. The 1.0 FTE Family Counselor position discussed in this staff report is included in the City’s FY 2025 Operating Budget. Accepting and appropriating the reimbursement funds will help to offset the cost of the position.

NEXT STEPS

If the Council authorizes this action, staff will work to: 1) execute the agreement with ACHCSA to provide Medi-Cal Administrative Activities services for FY24-25; 2) accept and appropriate between $250,000 and $350,000 in reimbursement revenue and 3) continue providing essential mental health services to Hayward youth and families.

Prepared by: Emily Young, Youth and Family Services Bureau Administrator

Recommended by: Bryan Matthews, Chief of Police

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member ____

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A N

AGREEMENT WITH THE ALAMEDA COUNTY HEALTH CARE SERVICES
AGENCY FOR FISCAL YEAR 202 4 THROUGH 202 5 AND TO ACCEPT AND APPROPRIATE BETWEEN $ 250,000 AND $ 350,000 IN REIMBURSEMENTS

FOR MEDI -CAL ADMINISTRATIVE ACTIVITY SERVICES PROVIDED BY THE

CITY OF HAYWARD

WHEREAS, the City of Hayward and the Alameda County Health Services Administration Have an Annual Memorandum of Understanding whereby the Youth and Family Services Bureau provides Medic-Cal Administrative Activities to youth and families in the City of Hayward;

WHEREAS, pursuant to the Memorandum of Understanding and due to the critical role the City of Hayward Youth and Family Services Bureau plays in connecting the Hayward community to Medi -Cal covered services , the Alameda County Health Care Services Administration provides a yearly reimbursement to the City of Hayward for the cost of staff time spent providing these services; and

WHEREAS, the execution of a Fiscal Year 2024 through 2025 Agreement between the City of Hayward and the Alameda County Health Care Services Agency is necessary to continue to provide these services and receive such reimbursements under the MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiat e and execute a Fiscal Year 2024 through 202 5 Agreement with the Alameda County Health Care Services Agency to receive between $ 250,000 and $ 350,000 in monetary reimbursement for Medi -Cal Administrative Activity services provided by the City of Hayward’s Youth and Family Services’ Bureau.

FURTHERMORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the acceptance and appropriation of up to $350,000 in monetary reimbursement for Medi-cal Administrative Activities.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-227
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Submit an Application to California Department of Forestry and Fire Protection for the Urban and Community Forestry Grant Program, Execute a Funding Agreement, and Accept and Appropriate Funds if Awarded

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to submit an application with the California Department of Forestry and Fire Protection (CalFire) for the Urban and Community Forestry (UCF) Grant to be used for tree planting and related activities and execute the funding agreement with CalFire once grant funding is approved and adopts a resolution (Attachment III) authorizing the acceptance and appropriation of grant funds in Government Capital Fund (Fund 405) for this project.

SUMMARY
In Spring 2024, CalFire released a notice of funding opportunity for the UCF Grant, a multiyear grant opportunity to encourage proactive maintenance and monitoring of urban street trees, advancing the use of tree inventory monitoring, and improving preparation for severe weather, among other program goals.

The grant requires no match. Staff is requesting the approval to file an application to receive funds for tree planting, maintenance, and other activities during the grant period. Staff also requests that the City Manager be authorized to execute the funding agreement, accept the grant funds, and appropriate $1,500,000 to Project 06933.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Submission
Attachment III Resolution - Acceptance & Appropriation
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DATE: May 7, 2024

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt A Resolution Authorizing the City Manager to Submit an Application to California Department of Forestry and Fire Protection for the Urban and Community Forestry Grant Program, Execute a Funding Agreement, and Accept and Appropriate Funds if Awarded

RECOMMENDATION

That Council: (1) adopts a resolution (Attachment II) authorizing the City Manager to submit an application with the California Department of Forestry and Fire Protection (CalFire) for the Urban and Community Forestry (UCF) Grant to be used for tree planting and related activities; (2) authorizes the execution of a funding agreement with CalFire once grant funding is approved; and (3) adopts a resolution (Attachment III) authorizing the acceptance and appropriation of grant funds in Government Capital Fund (Fund 405) for this project.

SUMMARY

In Spring 2024, CalFire released a notice of funding opportunity for the UCF Grant, a multiyear grant opportunity to encourage proactive maintenance and monitoring of urban street trees, advancing the use of tree inventory monitoring, and improving preparation for severe weather, among other program goals. The grant requires no match. Staff is requesting the approval to file an application to receive funds for tree planting, maintenance, and other activities during the grant period. Staff also requests that the City Manager be authorized to execute the funding agreement, accept the grant funds, and appropriate $1,500,000 to Project 06933.

BACKGROUND AND DISCUSSION

The Inflation Reduction Act provided $1.5 billion for UCF investments. Goals of the project include increased and equitable access to urban tree canopy and associated human, environmental, and economic benefits, tree planting and management activities, and improved resilience to climate change.

On April 9, 2024, staff received approval from the City’s Grant Committee to apply for $1,500,000 in grant funds for tree planting and related activities. Trees play a crucial role in fostering environmental sustainability and community well-being. Trees provide numerous benefits, such as improving air quality, mitigating climate change by sequestering carbon

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dioxide, enhancing biodiversity, and beautifying neighborhoods. Additionally, more green spaces promote physical and mental health, create recreational opportunities, and increase social interactions. As part of the grant, staff is coordinating with community organization groups and neighboring agencies, which will lead to community investment, stewardship, and increased awareness of tree planting, maintenance, and benefits.

ECONOMIC IMPACT AND SUSTAINABILITY FEATURES

This item has no direct economic impact. However, the use of grant funds for tree planting will provide various environmental and social benefits as discussed previously.

FISCAL IMPACT

This grant opportunity requires no matching funds which means there will be no impact to any City fund.

STRATEGIC ROADMAP

This item supports Council’s Strategic Priority of Confront Climate Crisis since it will support the planting and maintenance of trees.

Project C10: Plant 1,500 trees annually, directly and in partnership with community groups

PUBLIC CONTACT

Staff has already started collaborating with community partners and groups like the Hayward Area Recreation District, the Keep Hayward Clean and Green Task Force, and 100K Trees- Hayward, to discuss and propose grant-eligible projects. Staff and the community groups will work together to implement grant priorities, if awarded.

NEXT STEPS
Upon approval of this item, staff will submit an application to CalFire for UCF funds. If awarded, the City Manager will be authorized to execute a funding agreement and be authorized to accept and appropriate grant funds to Project 06933.

Prepared by: Cecilia Melero, Senior Secretary
Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

_____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member __________

RESOLUTION SUPPORTING SUBMISSION OF AN APPLICATION FOR FUNDING

FROM THE URBAN AND COMMUNITY FORESTRY GRANT PROGRAM OF THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

WHEREAS, the Governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and

WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and

WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and

WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:

1. Approved the filing of an application for the Urban and Community Forestry grant program funds; and

2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,

3. Certifies that funds under the jurisdiction of City Council are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to March 30, 2028.

5. Appoints City Manager or a designee, as agent of the City Council to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the afore mentioned project.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member __________

RESOLUTION SUPPORTING THE ACCEPTANCE AND APPROPRIATION OF

URBAN AND COMMUNITY FORESTRY GRANT FUNDS FROM THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION IN CAPITAL
GOVERNMENT FUND (FUND 405)

WHEREAS, the State of California ’s Department of Forestry and Fire Protection (CalFire) released a multi-year grant opportunity under the Urban and Community Forestry (UCF) Program; and

WHEREAS, staff is required to seek Council authorization to submit an application and accept funds per the grant guidelines; and

WHEREAS, on April 9, 2024, staff received approval from the Grant Review Committee to apply for $1,500,000 in grant funds for tree planting and related activities;

WHEREAS, there is no match required for the grant or a net impact to any City fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows that the City Manager is authorized to accept up to $1,500,000 in U&CF grant funds in Capital Fund (Fund 405) and appropriate the full amount to Project 06933, if awarded.

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-230
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendum No. 1, Rejecting the Bid Protest and Awarding a Construction Contract to Radius Earthwork, Inc., in the Amount of $4,529,499 for the Main Street Complete Street Project, Project No. 05283, and Appropriating Additional Funds in the Amount of $2,604,499

RECOMMENDATION
That Council adopts the attached resolution (Attachment II):

1. Approving Addendum No. 1 for providing responses to bidders’ questions for the Main Street Complete Street Project, and;

2. Rejecting the bid protest of Sposeto Engineering, and;

3. Awarding a construction contract for the project to Radius Earthwork, Inc., in the amount of $4,117,499, and authorizing an administrative change order budget of $412,000, for a total not to exceed contract amount of $4,529,499, and;

4. Transferring and appropriating additional funds in the amount of $2,604,499

SUMMARY
On December 5, 2023, Council adopted a resolution approving the plans and specifications for the construction of the Main Street Complete Street Project. The project was advertised on February 23, 2024 after receiving the authorization document (E-76) from Caltrans on February 22, 2024.

Seven bids were received for the Project on March 26, 2024. On March 29, 2024, a bid protest was received from the apparent second low bidder Sposeto Engineering. City staff reviewed all bid proposals and the bid protest.

Staff is requesting Council’s approval of Addendum No. 1 which provided clarifications to bidders’ questions. Additionally, staff is also requesting that Council rejects the bid protest from Sposeto Engineering, and awards the contract to the responsible low bidder, Radius Earthwork Inc., in the amount of $4,529,499.

CITY OF HAYWARD Printed on 5/3/2024Page 1 of 2
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ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Bid Results Summary
Attachment IV Sposeto Bid Protest and Radius Earthwork Response Attachment V Radius Earthwork Information After Bid Opening CITY OF HAYWARD Printed on 5/3/2024Page 2 of 2
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DATE: May 7, 2024

TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolution Approving Addend um No. 1 , Rejecting the Bid Protest and Awarding a Construction Contract to Radius Earthwork , Inc., in the Amount of $4,529,499 for the Main Street Complete Street Project, Project No. 0 5283, and Appropriating Additional Funds in the Amount of $2,604,499

RECOMMENDATION

That Council adopts the attached resolution (Attachment II):

1. Approving Addendum No. 1 for providing responses to bidders’ questions for the Main Street Complete Street Project, and;

2. Rejecting the bid protest of Sposeto Engineering, and;

4. Transferring and appropriating additional funds in the amount of $2,604,499

SUMMARY

On December 5, 20231, Council adopted a resolution approving the plans and specifications for the construction of the Main Street Complete Street Project. The project was advertised on February 23, 2024 after receiving the authorization document (E-76) from Caltrans on February 22, 2024.

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BACKGROUND

Over the years, Council has taken several actions to develop a policy that ensures the City builds streets that are safe, convenient for travel regardless of age or ability, and accommodate motorists, pedestrians, bicyclists, and public transportation riders. On March 19, 2013, Council adopted Resolution No. 13-027, supporting a citywide Complete Streets Policy to support the design and development of a comprehensive, integrated transportation network to allow for safe, convenient travel along and across streets for all users.

Council has prioritized Main Street as one of the key streets that requires improvement due to its location in the core downtown area, which offers a wide range of housing choices (existing and planned future), including affordable housing options, retail stores, and services in close proximity to BART and other public transit services. Consistent with this policy and Council’s priority of implementing complete streets elements, City staff developed a concept plan for converting Main Street between McKeever Street and D Street into a Complete Street.

DISCUSSION

On December 5, 2023, Council approved the plans and specifications for the construction of the project and call for bids to be received after Caltrans provided the E-76, the authorization to proceed with construction. The E-76 is the Caltrans and Federal authorization of the funds for reimbursement of the construction phase as this project is partially funded by the One Bay Area Grant (OBAG). After receiving the E-76 from Caltrans on February 22, 2023, the project was advertised on February 23, 2024. Staff issued Addendum No. 1 on March 19, 2024, which responded to bidders’ questions.

On March 26, 2024, seven (7) bids were received (Attachment III), ranging from $4,117,499.30 to $6,443,478. Radius Earthwork, Inc., (Radius) of Campbell, CA, submitted the lowest bid in the amount of $4,117,499.30, which is 6.2% higher than the Engineer’s Estimate of $3,878,935.

Sposeto Engineering of Livermore, CA, submitted the second lowest bid in the amount of $4,437,170, which is 14.4% higher than the Engineer’s Estimate.

Bid Protest by Sposeto Engineering
On March 29, 2024, the second low bidder, Sposeto Engineering submitted a bid protest letter (Attachment IV) requesting the City not award the contract to Radius on the grounds that Radius did not seal their bid proposal as required by the specifications. Radius responded to the bid protest on April 2, 2024 stating that they did not agree with Sposeto Engineering’s protest because while the bid envelope was not sealed properly due to their oversight, their bid was closed and was not tampered or altered with any eraser or whitener. Furthermore, the bids were opened publicly. Staff was present from the time bids were received by the City Clerk to the time when bids were opened and at no time did anyone have access to the bids. Not sealing the bid envelope did not provide an advantage to Radius and is inconsequential to the bid results. Staff recommends rejecting Sposeto Engineering’s bid protest.

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Radius Earthwork, Inc, Information Received After Bid Opening On March 28, 2024, the apparent low bidder, Radius Earthwork, Inc., indicated to staff that their listing of subcontractors included an error of listing two subcontractors, RMT Landscape and Marina Landscape for same items of work. On March 29, 2024, Radius provided documentation (Attachment V) that they intended to delete Marina Landscape but erroneously left them in the listing of subcontractors. Marina Landscape agreed and withdrew their subcontract bid. Staff reviewed the information and RMT Landscape’s total subcontract amount correlates with the cost of the various bid items in Radius’s bid to be performed by RMT Landscape. This error did not provide Radius an advantage and is inconsequential to the bid result. Staff recommends accepting Radius Earthwork’s information.

Disadvantage Business Enterprise (DBE) Program
Since a portion of this project is funded by the One Bay Area Grant (OBAG), this project is required to meet DBE goals. This project requires a DBE goal of 20%. The apparent low, second bidder has provided documentation that they are committed to meet that goal; their commitment is 31.3% DBE participation.

Community Workforce Agreement
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this Project is more than $1,000,000, the CWA agreement does apply.

Staff recommend awarding the construction contract to the lowest-responsible bidder, Radius Earthwork, Inc., in the amount of $4,117,499.30 plus $411,999.70 for administrative change orders for a total $4,529,499.

ECONOMIC IMPACT

The proposed Main Street Project improvements will help revitalize the core Downtown area, which offers a wide range of housing choices (existing and planned future), including affordable, retail stores, and services as well as housing developments, both existing and planned, in close proximity to BART and other public transit services.

FISCAL IMPACT

This project is partially funded by the OBAG program from the Metropolitan Transportation Commission, which provides $2,002,818 for the project. The initial OBAG grant amount was $1,675,000 and an additional $327,818 was repurposed to this project from the West Winton Avenue pavement project which also received OBAG funding. The West Winton Avenue pavement project is on hold due to the Interstate 880-Route 92 Interchange project. The $327,818 will need to be appropriated to Fund 450. As required by the grant, the City’s contribution is $550,000. The

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$550,000 City match was allocated ($175,000 in FY18 and $375,000 in FY19) in the Adopted FY18 Capital Improvement Program (CIP) for the design and construction phase. Finally, $1 million has been reallocated from the Safe Routes for Seniors (SR4S) (Measure BB Paratransit – Capital) project.

The SR4S project removed two intersections from that project since the scope of the Main Street Complete Street project included them.

The total funding for the project is:

OBAG Grant $1,675,000
Earmarked Repurposing
City of Hayward Contribution
$327,818
$550,000
Safe Route for Seniors (Measure
BB Paratransit – Capital)
$1,000,000
Total Funds Available $3,552,818

The estimated project costs are as follows:

Estimated Cost
Design $700,000
Construction $4,117,499
Construction Contingency (ACO) $412,000
Construction Admin, Inspection, Testing $600,000
Project Total $5,829,499

Currently, there is a funding shortfall of $2,276,681. Staff recommends the shortfall be funded by a transfer from Fund 101 – Measure C Fund and appropriation in Fund 450 – Street Improvement Fund.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Invest in Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Invest in Multi-Modal Transportation
Project N6: Continue to add approximate 10 miles of bike lanes annually, with a focus on protected bike lanes and intersection that have high traffic/incidents

SUSTAINABILITY FEATURES

1. Environment:

This project increases pedestrian and bicycle transportation options which, among other benefits, will lead to a reduction in greenhouse gas emissions related to single occupancy vehicle use.

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The project will also include permeable pavers to treat storm water runoff from the sidewalk and filter pollution from the storm water before entering the San Francisco Bay.

2. Energy:

This project will install streetlights with energy efficient LED lighting and dimming features to provide electricity and maintenance cost savings.

PUBLIC CONTACT

Listed below are previous public meetings or public outreach efforts performed by the City:

 At the July 24, 2017 CIC meeting, staff presented three design concepts to the Committee and public for feedback and comments.

 At the June 22, 2020 community meeting, staff re-introduced the two design concepts presented at the July 24, 2017 CIC to the community and public for feedback and comments.

 At the July 22, 2020 CIC meeting, staff presented a revised Concept 1 design based on feedback from the CIC members and public from the January 22, 2020 CIC meeting.

 At the October 28, 2020 CIC meeting, City staff presented the updated project cost and construction estimate to the CIC and public for feedback and comments. In addition, staff presented an alternative design to reduce project scope and incorporate SR4S improvements into the Main Street Project and request for transfer of $1M from the SR4S project to the Main Street Project. The CIC concurred with Staff’s recommendations and transfer of funds.

 At the April 28, 2021 CIC meeting, staff presented the updated cost estimate and scope reduction of Concept 1.

 At the June 16, 20222, CIC meeting, staff provided an update to the CIC and the community with Concept 4 that incorporated feedback from local businesses and the community for the development of the construction documents.

 On September 13, 2023, staff held a community meeting to provide a project update and the estimated project schedule.

 After the construction contract is awarded, staff will send notices to residents and businesses and make other outreach to inform them of the pending construction, the construction schedule and contact information. Staff will also provide periodic construction updates on the City’s website.

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SCHEDULE

The following is the tentative construction schedule:

Begin Construction June/July 2024
Complete Construction Summer 2025

NEXT STEPS

If Council adopts the attached resolutions, staff will route the construction contract t o Radius Earthwork, Inc. and appropriate $327,818 from the earmark repurposing and $2,276,681 shortfall from Fund 101 to Fund 450.

Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-

Introduced by Council Member __________

RESOLUTION APPROVING ADDEND UM NUMBER 1 , REJECTING THE BID

PROTEST OF SPOSETO ENGINEERING, AWARDING A CONTRACT TO RADIUS EARTHWORK, INC. IN THE AMOUNT OF $4, 529,499 FOR THE MAIN STREET COMPLETE STREET PROJECT, PROJECT NUMBER 05283, AND
APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $2,604,499

WHEREAS, by Resolution No. 23-265, on December 5, 2023, the City Council approved the plans and specifications for the Main Street Complete Street Project , Project No. 05283, and called for bids to be received by January 30, 2024; and

WHEREAS, Addendum No. 1 was issued to respond to bidders’ clarifications; and

WHEREAS, on March 26, 2024, seven (7) bids were received ranging from $4,117,499.30 to $6,443,478 . The low bid, submitted by Radius Earthwork , Inc., is approximately 6.2% above the Engineer’s Estimate of $3,878,935; and

WHEREAS, on March 28, 2024, the apparent low bidder, Radius Earthwork Inc., indicated to staff that their listing of subcontractors included a n error of listing two subcontractors, RMT Landscape and Marina Landscape for same items of work; and

WHEREAS, on March 29, 2024, Radius Earthwork Inc, provided documentation that they intended to delete Marina Landscape but erroneously left them in the listing of subcontractors. Marina Landscape agreed and withdrew their subcontract bid; and

WHEREAS, on March 29,2024, the second low bidder, Sposeto Engineering submitted a bid protest letter requesting the City not award the contract to Radius Earthwork on the grounds that Radius Earthwork did not seal their bid proposal as required by the specifications; and

WHEREAS, on April 2, 2024, the City received a response to the bid protest from Radius Earthwork Inc . stating that they did not agree with Sposeto Engineering’s protest because while the bid envelope was not sealed properly due to their oversight, their bid was closed and was not tampered or altered with any eraser or whitener. Furthermore, the bids were opened publicly; and

ATTACHMENT II

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council that addendum No. 1 is hereby approved and adopted as part of the plans and specifications for the project.

BE IT RESOLVED that the bid protest letter from Sposeto Engineering is hereby rejected;
BE IT FURTHER RESOLVED by the City Council that Radius Earthwork , Inc., of Campbell, CA is hereby awarded the contract for the Main Street Complete Street Project, Project Number 05283, in accordance with the plans and specifications adopted therefore and on file in the office o f the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected;
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute an agreement with Radius Earthwork Inc., on behalf of the City of Haywa rd in an amount not to exceed $4, 529,499 which includes a contingency for administrative change orders, in a form to be approved by the City Attorney;
BE IT FURTHER RESOLVED that the City Council authorizes the transfer and appropriation of funds in the amount of $2,276,681 from Measure C (Fund 101) to the Street System Improvement (Fund 450 ), and $327,818 from OBAG funding to Street System Improvement Fund (Fund 450), for a total appropriation of $2,604,499.

IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward
Item No. Item Description Quantity Unit Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price I tem Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 Mobilization/ Demobilization 1 LS $250,000.00 $250,000.00 $183,120.00 $183,120.00 $47,000.00 $47,000.00 $230,000.00 $230,000.00 $379,950.00 $379,950.00 $ 444,000.00 $ 444,000.00 $490,000.00 $490,000.00 $552,600.00 $552,600.00 2 Traffic Management 1 LS $200,000.00 $200,000.00 $96,320.00 $96,320.00 $180,000.00 $180,000.00 $317,606.00 $317,606.0 0 $183,460.00 $183,460.00 $368,000.00 $368,000.00 $400,000.00 $400,000.00 $340,000.00 $340,000.00 3 Project Information Area Signs 2 EA $1,000.00 $2,000.00 $5,600.00 $11,200.00 $1,500.00 $3,000.00 $900.00 $1,800.00 $1,400.00 $2,800.00 $850.00 $1,700.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 4 Water Pollution Control 1 LS $20,000.00 $20,000.00 $6,720.00 $6,720.00 $41,000.00 $41,000.00 $3,800.00 $3,800.00 $69, 500.00 $69,500.00 $12,400.00 $12,400.00 $10,000.00 $10,000.00 $23,000.00 $23,000.00 5 Utility Potholing 1 LS $100,000.00 $100,000.00 $22,400.00 $22,400.00 $11,000.00 $11,000.00 $28,000.00 $28,000.00 $68, 500.00 $68,500.00 $61,000.00 $61,000.00 $20,000.00 $20,000.00 $17,000.00 $17,000.00 6 Construction Layout 1 LS $10,000.00 $10,000.00 $20,475.00 $20,475.00 $20,000.00 $20,000.00 $17,000.00 $17,000.00 $25, 000.00 $25,000.00 $16,200.00 $16,200.00 $30,000.00 $30,000.00 $18,000.00 $18,000.00 7 Monument Preservation 1 LS $4,500.00 $4,500.00 $6,037.50 $6,037.50 $4,000.00 $4,000.00 $6,800.00 $6,800.00 $5,000.00 $5,000.00 $3,600.00 $3,600.00 $6,000.00 $6,000.00 $4,600.00 $4,600.00 8 Monument Search 1 LS $4,500.00 $4,500.00 $2,887.50 $2,887.50 $2,000.00 $2,000.00 $1,600.00 $1,600.00 $2,000.00 $2,000 .00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $1,800.00 $1,800.00 9 Corner Record 4 EA $2,000.00 $8,000.00 $367.50 $1,470.00 $1,000.00 $4,000.00 $1,800.00 $7,200.00 $1,500.00 $6,000.00 $800.00 $3,200.00 $500.00 $2,000.00 $2,500.00 $10,000.00 10 Set Monument 4 EA $4,500.00 $18,000.00 $787.50 $3,150.00 $1,800.00 $7,200.00 $1,330.00 $5,320.00 $2,500.00 $10,000.0 0 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $4,000.00 $16,000.00 11 Tree Protection 1 LS $7,500.00 $7,500.00 $3,920.00 $3,920.00 $11,000.00 $11,000.00 $5,400.00 $5,400.00 $3,500.00 $3, 500.00 $11,000.00 $11,000.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 12 Recycling Implementation 1 LS $30,000.00 $30,000.00 $1,680.00 $1,680.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 $100.00 $100.00 $550.00 $550.00 $100.00 $100.00 $1,000.00 $1,000.00 13 Asphalt Pavement Removal 7,220 SF $6.00 $43,320.00 $7.69 $55,521.80 $9.00 $64,980.00 $17.00 $122,740.00 $10.00 $72,200.00 $14.00 $101,080.00 $12.00 $86,640.00 $23.00 $166,060.00 14 Concrete Pavement Removal 34,340 SF $7.00 $240,380.00 $4.63 $158,994.20 $8.75 $300,475.00 $7.00 $240,380.00 $7.00 $240,380.00 $5.00 $171,700.00 $12.00 $412,080.00 $30.00 $1,030,200.00 15 Remove Storm Drain Catch Basin 4 EA $5,000.00 $20,000.00 $10,080.00 $40,320.00 $1,200.00 $4,800.00 $880.00 $3,520.0 0 $2,600.00 $10,400.00 $1,400.00 $5,600.00 $2,000.00 $8,000.00 $200.00 $800.00 16 Concrete Flatwork - Standard 7,790 SF $22.00 $171,380.00 $20.72 $161,408.80 $14.50 $112,955.00 $18.00 $140,220.00 $23.00 $1 79,170.00 $30.00 $233,700.00 $20.00 $155,800.00 $39.00 $303,810.00 17 Concrete Flatwork - Traffic Rated 1,820 SF $30.00 $54,600.00 $32.48 $59,113.60 $16.75 $30,485.00 $24.00 $43,680.00 $35.00 $ 63,700.00 $45.00 $81,900.00 $20.00 $36,400.00 $47.00 $85,540.00 18 Concrete Curb Ramp (incl Truncate Domes) 2,035 SF $35.00 $71,225.00 $84.00 $170,940.00 $31.00 $63,085.00 $61.00 $124,135.0 0 $70.00 $142,450.00 $75.00 $152,625.00 $40.00 $81,400.00 $62.00 $126,170.00 19 Concrete Curb and Gutter (18-inch) 905 LF $95.00 $85,975.00 $117.60 $106,428.00 $73.00 $66,065.00 $67.00 $60,635.00 $83.00 $75,115.00 $125.00 $113,125.00 $60.00 $54,300.00 $80.00 $72,400.00 20 Concrete Curb and Gutter (84-inch) 1,360 LF $180.00 $244,800.00 $156.80 $213,248.00 $164.00 $223,040.00 $201.00 $273,360.0 0 $178.00 $242,080.00 $275.00 $374,000.00 $100.00 $136,000.00 $260.00 $353,600.00 21 Asphalt Milling 8,000 SY $12.00 $96,000.00 $7.66 $61,280.00 $9.50 $76,000.00 $6.75 $54,000.00 $10.00 $80,000.00 $7.00 $56,0 00.00 $12.00 $96,000.00 $9.00 $72,000.00 22 Pavement Mat 8,000 SY $6.00 $48,000.00 $7.00 $56,000.00 $8.60 $68,800.00 $7.33 $58,640.00 $7.00 $56,000.00 $6.00 $48,000.00 $7.00 $56,000.00 $7.00 $56,000.00 23 HMA - Digout 1,800 SF $40.00 $72,000.00 $20.50 $36,900.00 $24.00 $43,200.00 $17.50 $31,500.00 $12.00 $21,600.00 $12.00 $21, 600.00 $15.00 $27,000.00 $40.00 $72,000.00 24 HMA - Overlay 1,200 TONS $200.00 $240,000.00 $149.03 $178,836.00 $193.50 $232,200.00 $144.00 $172,800.00 $220.00 $264,000. 00 $200.00 $240,000.00 $200.00 $240,000.00 $192.00 $230,400.00 25 HMA - Midblock Crossings 100 TONS $240.00 $24,000.00 $372.81 $37,281.00 $418.00 $41,800.00 $340.00 $34,000.00 $380.00 $3 8,000.00 $375.00 $37,500.00 $400.00 $40,000.00 $460.00 $46,000.00 26 HMA - AC Plugs 300 TONS $200.00 $60,000.00 $290.98 $87,294.00 $362.00 $108,600.00 $210.00 $63,000.00 $220.00 $66,000.00 $275.00 $82,500.00 $300.00 $90,000.00 $550.00 $165,000.00 27 Permeable Pavers 3,430 SF $40.00 $137,200.00 $29.40 $100,842.00 $35.00 $120,050.00 $37.40 $128,282.00 $50.00 $171,500.00 $22.00 $75,460.00 $40.00 $137,200.00 $33.00 $113,190.00 28 Concrete Unit Pavers 7,700 SF $40.00 $308,000.00 $31.50 $242,550.00 $32.00 $246,400.00 $32.00 $246,400.00 $37.00 $284,900.0 0 $21.00 $161,700.00 $30.00 $231,000.00 $28.00 $215,600.00 29 Storm Drain Pipe 145 LF $350.00 $50,750.00 $168.00 $24,360.00 $358.00 $51,910.00 $420.00 $60,900.00 $400.00 $58,000.00 $450.00 $65,250.00 $600.00 $87,000.00 $300.00 $43,500.00 30 Storm Drain Catch Basin 4 EA $7,500.00 $30,000.00 $14,000.00 $56,000.00 $5,600.00 $22,400.00 $12,500.00 $50,000.00 $ 9,000.00 $36,000.00 $10,000.00 $40,000.00 $8,000.00 $32,000.00 $7,500.00 $30,000.00 31 Trench Drain (incl Grate) 145 LF $220.00 $31,900.00 $280.00 $40,600.00 $580.00 $84,100.00 $570.00 $82,650.00 $300.00 $43 ,500.00 $350.00 $50,750.00 $500.00 $72,500.00 $470.00 $68,150.00 32 Pedestrian Street Light 12 EA $7,500.00 $90,000.00 $13,125.00 $157,500.00 $15,5 00.00 $186,000.00 $9,300.00 $111,600.00 $10,000.00 $120,000.00 $8,734.50 $104,814.00 $10,000.00 $120,000.00 $10,000.00 $120,000.00 33 Conduits and Conductors 2,085 LF $52.00 $108,420.00 $70.35 $146,679.75 $85.50 $178,267.50 $59.00 $123,015.00 $60.00 $125,10 0.00 $54.90 $114,466.50 $60.00 $125,100.00 $63.00 $131,355.00 34 Pull Boxes 25 EA $3,500.00 $87,500.00 $1,575.00 $39,375.00 $1,855.00 $46,375.00 $1,000.00 $25,000.00 $1,000.00 $25,000 .00 $945.00 $23,625.00 $1,000.00 $25,000.00 $1,000.00 $25,000.00 35 Rectangular Rapid Flashing Beacon 2 EA $40,000.00 $80,000.00 $31,132.50 $62,265.00 $36,700.00 $73,400.00 $27,400.00 $54,800.00 $25,875.00 $51,750.00 $25,875.00 $51,750.00 $30,000.00 $60,000.00 $30,000.00 $60,000.00 36 Traffic Signal Modifications- A Street 1 LS $25,000.00 $25,000.00 $33,600.00 $33,600.00 $39,500.00 $39,500.00 $87,0 00.00 $87,000.00 $81,700.00 $81,700.00 $81,720.00 $81,720.00 $99,600.00 $99,600.00 $94,000.00 $94,000.00 37 Traffic Signal Modifications- B Street 1 LS $25,000.00 $25,000.00 $53,550.00 $53,550.00 $63,100.00 $63,100.00 $140, 000.00 $140,000.00 $131,000.00 $131,000.00 $131,000.00 $131,000.00 $150,000.00 $150,000.00 $151,000.00 $151,000.00 38 Traffic Signal Modifications- C Street 1 LS $25,000.00 $25,000.00 $53,550.00 $53,550.00 $63,100.00 $63,100.00 $130, 000.00 $130,000.00 $125,000.00 $125,000.00 $122,064.00 $122,064.00 $150,000.00 $150,000.00 $141,000.00 $141,000.00 39 Adjust Utility to Grade - PG&E MH (Revocable) 3 EA $1,650.00 $4,950.00 $1,064.00 $3,192.00 $250.00 $750.00 $900.00 $2,700.00 $800.00 $2,400.00 $850.00 $2,550.00 $2,000.00 $6,000.00 $4,500.00 $13,500.00 40 Adjust Utility to Grade - PG&E Electrical Box (Revocable) 33 EA $750.00 $24,750.00 $1,344.00 $44,352.00 $250.00 $8,2 50.00 $2,670.00 $88,110.00 $350.00 $11,550.00 $2,500.00 $82,500.00 $1,000.00 $33,000.00 $380.00 $12,540.00 41 Adjust Utility to Grade - PG&E Gas Valve (Revocable) 5 EA $750.00 $3,750.00 $448.00 $2,240.00 $250.00 $1,250.00 $477.00 $2,385.00 $350.00 $1,750.00 $450.00 $2,250.00 $1,000.00 $5,000.00 $1,000.00 $5,000.00 42 AdjustUtility to Grade - PG&E Gas Box (Revocable) 11 EA $750.00 $8,250.00 $448.00 $4,928.00 $250.00 $2,750.00 $583.00 $6,413.00 $350.00 $3,850.00 $550.00 $6,050.00 $500.00 $5,500.00 $380.00 $4,180.00 43 Adjust Utility to Grade - ATT Box (Revocable) 10 EA $750.00 $7,500.00 $448.00 $4,480.00 $250.00 $2,500.00 $372.00 $3, 720.00 $350.00 $3,500.00 $350.00 $3,500.00 $500.00 $5,000.00 $600.00 $6,000.00 44 Adjust Utility to Grade - Comcast Box (Revocable) 2 EA $750.00 $1,500.00 $336.00 $672.00 $250.00 $500.00 $265.00 $5 30.00 $250.00 $500.00 $250.00 $500.00 $500.00 $1,000.00 $600.00 $1,200.00 45 Adjust Utility to Grade - City Water Valve 32 EA $750.00 $24,000.00 $840.00 $26,880.00 $250.00 $8,000.00 $1,220.00 $ 39,040.00 $600.00 $19,200.00 $1,200.00 $38,400.00 $1,000.00 $32,000.00 $1,000.00 $32,000.00 46 Adjust Utility to Grade - City Water Meter 29 EA $750.00 $21,750.00 $1,680.00 $48,720.00 $250.00 $7,250.00 $546.00 $1 5,834.00 $250.00 $7,250.00 $650.00 $18,850.00 $1,000.00 $29,000.00 $380.00 $11,020.00 4 7 Adjust Utility to Grade - City Sewer Cleanout 3 EA $750.00 $2,250.00 $1,680.00 $5,040.00 $500.00 $1,500.00 $930.00 $2,790.00 $800.00 $2,400.00 $1,100.00 $3,300.00 $500.00 $1,500.00 $380.00 $1,140.00 48 Adjust Utility to Grade - City Sewer Manhole 6 EA $1,650.00 $9,900.00 $1,680.00 $10,080.00 $1,800.00 $10,800.00 $1,830.00 $10,980.00 $1,500.00 $9,000.00 $1,700.00 $10,200.00 $2,000.00 $12,000.00 $5,400.00 $32,400.00 49 Adjust Utility to Grade - City Storm Drain Manhole 6 EA $1,650.00 $9,900.00 $1,680.00 $10,080.00 $1,800.00 $10,800 .00 $1,830.00 $10,980.00 $1,500.00 $9,000.00 $1,700.00 $10,200.00 $2,000.00 $12,000.00 $4,600.00 $27,600.00 50 Adjust Utility to Grade - City Traffic Signal Box 22 EA $750.00 $16,500.00 $840.00 $18,480.00 $180.00 $3,960.00 $1,000.00 $22,000.00 $500.00 $11,000.00 $945.00 $20,790.00 $1,000.00 $22,000.00 $600.00 $13,200.00 51 Adjust Utility to Grade - Elevator Pit Access Cover 2 EA $4,500.00 $9,000.00 $1,680.00 $3,360.00 $3,000.00 $6,000. 00 $2,120.00 $4,240.00 $1,500.00 $3,000.00 $3,000.00 $6,000.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00 52 Adjust Utility to Grade - City Water Manhole 2 EA $1,650.00 $3,300.00 $1,008.00 $2,016.00 $1,600.00 $3,200.00 $1,960.00 $3,920.00 $1,500.00 $3,000.00 $1,800.00 $3,600.00 $2,000.00 $4,000.00 $5,000.00 $10,000.00 53 Adjust Utility to Grade - ATT Manhole (Revocable) 2 EA $1,650.00 $3,300.00 $2,016.00 $4,032.00 $1,600.00 $3,200.00 $2,570.00 $5,140.00 $1,500.00 $3,000.00 $1,950.00 $3,900.00 $2,000.00 $4,000.00 $5,000.00 $10,000.00 54 Adjust Utility to Grade - PG&E Electrical Vault (Revocable) 6 EA $1,500.00 $9,000.00 $2,800.00 $16,800.00 $250.00 $1,500.00 $3,000.00 $18,000.00 $1,500.00 $9,000.00 $2,845.00 $17,070.00 $2,000.00 $12,000.00 $2,000.00 $12,000.00 55 Adjust Utility to Grade - City Sidewalk Grate Cover 9 EA $800.00 $7,200.00 $3,360.00 $30,240.00 $500.00 $4,500.00 $900.00 $8,100.00 $1,500.00 $13,500.00 $2,000.00 $18,000.00 $2,000.00 $18,000.00 $1,200.00 $10,800.00 56 Adjust Utility to Grade - City Catch Basin 8 EA $1,500.00 $12,000.00 $11,760.00 $94,080.00 $3,500.00 $28,000.00 $1,470.00 $11,760.00 $1,500.00 $12,000.00 $3,700.00 $29,600.00 $2,000.00 $16,000.00 $3,000.00 $24,000.00 57 Detail 22 - No Passing Lane 600 LF $4.00 $2,400.00 $7.35 $4,410.00 $8.65 $5,190.00 $7.40 $4,440.00 $7.00 $4,200.00 $7.00 $4,200.00 $12.00 $7,200.00 $14.00 $8,400.00 58 Detail 32 - Two-Way Left Turn Lane Line 1,100 LF $3.00 $3,300.00 $14.70 $16,170.00 $17.30 $19,030.00 $14.80 $16,280.00 $14.00 $15,400.00 $14.00 $15,400.00 $25.00 $27,500.00 $29.00 $31,900.00 59 Detail 38 - Channelizing Lane 100 LF $3.00 $300.00 $5.25 $525.00 $6.20 $620.00 $5.30 $530.00 $5.00 $500.00 $5.00 $500.0 0 $8.00 $800.00 $10.00 $1,000.00 60 Detail 39 - Bike Lane Stripe 2,780 LF $2.00 $5,560.00 $4.20 $11,676.00 $5.00 $13,900.00 $4.20 $11,676.00 $4.00 $11,120.00 $4.00 $11,120.00 $6.00 $16,680.00 $7.00 $19,460.00 61 Stop Bar/Limit Line (12-inch wide) 240 LF $7.00 $1,680.00 $11.55 $2,772.00 $13.60 $3,264.00 $11.60 $2,784.00 $11.00 $2,6 40.00 $11.00 $2,640.00 $10.00 $2,400.00 $12.00 $2,880.00 62 6" Solid White Stipe 6,135 LF $2.00 $12,270.00 $4.20 $25,767.00 $5.00 $30,675.00 $4.20 $25,767.00 $4.00 $24,540.00 $4.00 $2 4,540.00 $5.00 $30,675.00 $6.00 $36,810.00 63 Yield Line 40 SF $7.00 $280.00 $26.25 $1,050.00 $31.00 $1,240.00 $26.50 $1,060.00 $25.00 $1,000.00 $25.00 $1,000.00 $10.00 $400.00 $14.00 $560.00 64 Crosswalk -Continental Stripe (24-inch wide) 2,500 SF $7.00 $17,500.00 $10.50 $26,250.00 $13.40 $33,500.00 $10.60 $26,500. 00 $10.00 $25,000.00 $10.00 $25,000.00 $10.00 $25,000.00 $14.00 $35,000.00 65 Crosswalk - Ladder Stripe (24-inch wide) 5,300 SF $7.00 $37,100.00 $10.50 $55,650.00 $12.40 $65,720.00 $10.60 $56,180.00 $10.00 $53,000.00 $10.00 $53,000.00 $10.00 $53,000.00 $14.00 $74,200.00 66 Crosswalk -Basic Stripe (12-inch wide) 750 SF $7.00 $5,250.00 $10.50 $7,875.00 $12.40 $9,300.00 $10.60 $7,950.00 $10.00 $7,500.00 $10.00 $7,500.00 $10.00 $7,500.00 $14.00 $10,500.00 67 Pavement Markings (incl Decorative Paving) 3,280 SF $7.00 $22,960.00 $33.60 $110,208.00 $76.50 $250,920.00 $66.50 $218,120 .00 $32.00 $104,960.00 $32.00 $104,960.00 $40.00 $131,200.00 $48.00 $157,440.00 68 Bike Intersection Crossing with Green Thermoplastic 105 EA $275.00 $28,875.00 $472.50 $49,612.50 $556.00 $58,380.00 $477.00 $50,085.00 $450.00 $47,250.00 $450.00 $47,250.00 $400.00 $42,000.00 $540.00 $56,700.00 69 Bike Lane Symbol w/Arrow and Green Thermoplastic 18 EA $2,200.00 $39,600.00 $2,310.00 $41,580.00 $2,700.00 $48,600.0 0 $2,330.00 $41,940.00 $2,200.00 $39,600.00 $2,200.00 $39,600.00 $2,000.00 $36,000.00 $2,300.00 $41,400.00 70 Bike Left Turn Box w/ Green Thermoplastic 2 EA $3,500.00 $7,000.00 $5,145.00 $10,290.00 $6,000.00 $12,000.00 $5,190.00 $10,380.00 $4,900.00 $9,800.00 $4,900.00 $9,800.00 $2,000.00 $4,000.00 $3,000.00 $6,000.00 71 Bike/Bus Share Lane w/ Green Thermoplastic 1 EA $5,000.00 $5,000.00 $5,145.00 $5,145.00 $6,000.00 $6,000.00 $5,190.00 $5,190.00 $4,900.00 $4,900.00 $4,900.00 $4,900.00 $2,000.00 $2,000.00 $2,300.00 $2,300.00 72 Decorative Crosswalk Artwork (B St) 1,360 SF $45.00 $61,200.00 $50.40 $68,544.00 $49.00 $66,640.00 $54.25 $73,780.00 $35.00 $47,600.00 $48.00 $65,280.00 $5.00 $6,800.00 $94.00 $127,840.00 73 Curb Paint 755 LF $2.00 $1,510.00 $3.15 $2,378.25 $3.70 $2,793.50 $3.00 $2,265.00 $3.00 $2,265.00 $3.00 $2,265.00 $6.00 $4,530.00 $8.00 $6,040.00 74 New Sign (Incl new post and foundation) 4 EA $850.00 $3,400.00 $813.75 $3,255.00 $958.00 $3,832.00 $820.00 $3,280.0 0 $775.00 $3,100.00 $495.00 $1,980.00 $500.00 $2,000.00 $570.00 $2,280.00 75 Relocated Sign (Incl new post and foundation) 3 EA $500.00 $1,500.00 $577.50 $1,732.50 $680.00 $2,040.00 $580.00 $1 ,740.00 $550.00 $1,650.00 $395.00 $1,185.00 $400.00 $1,200.00 $455.00 $1,365.00 76 24" Box Tree 9 EA $1,200.00 $10,800.00 $724.50 $6,520.50 $1,500.00 $13,500.00 $940.00 $8,460.00 $1,200.00 $10,800.00 $750.00 $6,750.00 $2,000.00 $18,000.00 $1,400.00 $12,600.00 77 Plant 5-gal 485 EA $50.00 $24,250.00 $68.25 $33,101.25 $72.00 $34,920.00 $155.00 $75,175.00 $58.00 $28,130.00 $40.00 $19 ,400.00 $60.00 $29,100.00 $67.00 $32,495.00 Bid Results Summary
McGuire & Hester Redgwick Construction Co.
2810 Harbor Bay Parkway 21 Hegenberger Court
Alameda, CA 94502 Oakland, CA 94621
Ph: (510) 632-7676 Ph: (510) 792-1727
Fax: (510) 562-5209 Fax: (510) 792-1728
Sposeto Engineering
4558 Contractors Place
Livermore, CA 94551
Ph: (925) 443-4200
Fax: (925) 443-6800
Engineer's Estimate
Bid Table
Radius Earthwork Inc.
97 E Hamilton Ave, Suite 204
Campbell, CA 95008
Ph: (408) 884-8630
Department of Public Works - Engineering & Transportation; Utilities Project Title: Main Street Complete Street Project
Project No. 05283
Bid Opening Date: March 26, 2024
No. of Bids Received: 7
FBD Vangaurd Construction,
Inc.
550 Greeville Road
Livermore, CA 94550
Ph: (925) 245-1300
Fax: (925) 245-1007
DeSilva Gates Construction LLC
11555 Dublin Blvd.

Dublin, CA 94568
Ph: (925) 829-9220
Fax: (925) 803-4263
Ghilotti Construction Company,
Inc.
246 Ghilotti Avenue
Santa Rosa, CA 95407
Ph: (707) 585-1221
Fax: (707) 585-1601

ATTACHMENT III
Item No. Item Description Quantity Unit Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price I tem Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Bid Results Summary
McGuire & Hester Redgwick Construction Co.
2810 Harbor Bay Parkway 21 Hegenberger Court
Alameda, CA 94502 Oakland, CA 94621
Ph: (510) 632-7676 Ph: (510) 792-1727
Fax: (510) 562-5209 Fax: (510) 792-1728
Sposeto Engineering
4558 Contractors Place
Livermore, CA 94551
Ph: (925) 443-4200
Fax: (925) 443-6800
Engineer's Estimate
Bid Table
Radius Earthwork Inc.
97 E Hamilton Ave, Suite 204
Campbell, CA 95008
Ph: (408) 884-8630
Department of Public Works - Engineering & Transportation; Utilities Project Title: Main Street Complete Street Project
Project No. 05283
Bid Opening Date: March 26, 2024
No. of Bids Received: 7
FBD Vangaurd Construction,
Inc.
550 Greeville Road
Livermore, CA 94550
Ph: (925) 245-1300
Fax: (925) 245-1007
DeSilva Gates Construction LLC
11555 Dublin Blvd.

Dublin, CA 94568
Ph: (925) 829-9220
Fax: (925) 803-4263
Ghilotti Construction Company,
Inc.
246 Ghilotti Avenue
Santa Rosa, CA 95407
Ph: (707) 585-1221
Fax: (707) 585-1601
78 Plant 1-gal 37 EA $30.00 $1,110.00 $185.85 $6,876.45 $35.00 $1,295.00 $19.00 $703.00 $28.00 $1,036.00 $25.00 $925.00 $20.00 $740.00 $33.00 $1,221.00 79 Organic Mulch 44 CY $120.00 $5,280.00 $58.80 $2,587.20 $167.00 $7,348.00 $130.00 $5,720.00 $135.00 $5,940.00 $125.00 $5,500.00 $500.00 $22,000.00 $155.00 $6,820.00 80 Structural Soil 147 CY $100.00 $14,700.00 $302.40 $44,452.80 $410.00 $60,270.00 $470.00 $69,090.00 $404.00 $59,388.00 $550.00 $80,850.00 $400.00 $58,800.00 $220.00 $32,340.00 81 Root Barrier 198 LF $10.00 $1,980.00 $18.90 $3,742.20 $20.00 $3,960.00 $25.00 $4,950.00 $16.00 $3,168.00 $18.00 $3,564.0 0 $20.00 $3,960.00 $19.00 $3,762.00 82 Tree Gate 12 EA $1,900.00 $22,800.00 $4,760.00 $57,120.00 $7,120.00 $85,440.00 $3,700.00 $44,400.00 $3,680.00 $44,160. 00 $4,000.00 $48,000.00 $5,000.00 $60,000.00 $6,300.00 $75,600.00 83 Bike Racks 14 EA $1,000.00 $14,000.00 $1,568.00 $21,952.00 $1,770.00 $24,780.00 $1,500.00 $21,000.00 $1,650.00 $23,100 .00 $3,000.00 $42,000.00 $3,000.00 $42,000.00 $2,200.00 $30,800.00 84 Relocate Existing Waste Receptacles 8 EA $3,500.00 $28,000.00 $560.00 $4,480.00 $825.00 $6,600.00 $1,200.00 $9,600. 00 $2,150.00 $17,200.00 $300.00 $2,400.00 $500.00 $4,000.00 $1,200.00 $9,600.00 85 Landscape Maintenance Period 1 LS $20,000.00 $20,000.00 $12,600.00 $12,600.00 $7,400.00 $7,400.00 $4,000.00 $4,000 .00 $6,000.00 $6,000.00 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $6,900.00 $6,900.00 86 Irrigation System 1 LS $60,000.00 $60,000.00 $163,800.00 $163,800.00 $302,000.00 $302,000.00 $170,000.00 $170,000.0 0 $271,000.00 $271,000.00 $165,000.00 $165,000.00 $250,000.00 $250,000.00 $207,000.00 $207,000.00 87 Wood Deck (incl foundation) 140 SF $150.00 $21,000.00 $168.00 $23,520.00 $126.00 $17,640.00 $267.00 $37,380.00 $175.00 $ 24,500.00 $60.00 $8,400.00 $250.00 $35,000.00 $267.00 $37,380.00 88 Fiber Optic Conduits (1.5" HDPE) 1,415 LF $52.00 $73,580.00 $94.50 $133,717.50 $105.00 $148,575.00 $90.00 $127,350.00 $89.00 $125,935.00 $89.00 $125,935.00 $100.00 $141,500.00 $102.00 $144,330.00 89 Fiber Optic Pull Boxes 6 EA $3,500.00 $21,000.00 $5,775.00 $34,650.00 $6,800.00 $40,800.00 $2,900.00 $17,400.00 $2,810.00 $16,860.00 $2,810.00 $16,860.00 $3,00 0.00 $18,000.00 $3,200.00 $19,200.00 CORRECTED BID:

SUBMITTED BID:
$ 4,909,543.50
$ 4,931,143.50 $ 4,699,600.00 $ 4,728,497.00 $ 4,437,170.00 $ 4,494,120.00 $ 3,878,935.00 $ 4,117,499.30 $ 5,105,105.00 $ 6,443,478.00

ATTACHMENT III
Bid Results Summary
McGuire & Hester Redgwick Construction Co.
2810 Harbor Bay Parkway 21 Hegenberger Court
Alameda, CA 94502 Oakland, CA 94621
Ph: (510) 632-7676 Ph: (510) 792-1727
Fax: (510) 562-5209 Fax: (510) 792-1728
Sposeto Engineering
4558 Contractors Place
Livermore, CA 94551
Ph: (925) 443-4200
Fax: (925) 443-6800
Radius Earthwork Inc.
97 E Hamilton Ave, Suite 204
Campbell, CA 95008
Ph: (408) 884-8630
Department of Public Works - Engineering & Transportation; Utilities Project Title: Main Street Complete Street Project
Project No. 05283
Bid Opening Date: March 26, 2024
No. of Bids Received: 7
FBD Vangaurd Construction,
Inc.
550 Greeville Road
Livermore, CA 94550
Ph: (925) 245-1300
Fax: (925) 245-1007
DeSilva Gates Construction LLC
11555 Dublin Blvd.

Dublin, CA 94568
Ph: (925) 829-9220
Fax: (925) 803-4263
Ghilotti Construction Company,
Inc.
246 Ghilotti Avenue
Santa Rosa, CA 95407
Ph: (707) 585-1221
Fax: (707) 585-1601
474414
Underground
$277,520.00
Chrisp Company
Fremont, CA
374600
Striping
$741,605.00
Golden Bay Fence Plus Iron Works, Inc.

Stockton, CA
664905
Wood Deck
$33,320.00
TDW Construction, Inc.

Livermore, CA

CMC Traffic Control Specialists,
San Francisco, CA
792059
Traffic Control
$20,000.00
Name
Location
License No.

Description
Supply Amount
Mike O'Dell Surveys
San Francisco, CA
Survey
$24,500.00Supply Amount
Description
License No.

Location
Name
765902 492862
Electrical Landscape Irrigation
$977,795.00 $317,064.00
857202
Utility Adjustment Pavers
$112,385.00 $237,160.00
Unit Pavers Survey
$237,160.00 $38,000.00
Coluimbia Electric Marina Landscape, Inc.

R&R Maher Construction Co, Inc. Pacific Northwest Oil
Napa, CA Stockton, CA
508930 705296
Concrete Pavement Mat
TDW Construction, Inc. JJ Nguyen, Inc.

Livermore, CA Santa Clara, CA
474414
$363,865.00
$514,242.00 $48,000.00
JJ Nguyen, Inc. Cunha Surveying, Inc.

Santa Clara, CA Rodeo, CA
857202
Compass Engineering Contractors, Inc.

Hayward, CA
868996
Striping
San Leandro, CA Lathrop, CA
Stockton, CA Hayward, CA
705296 868996
Asphalt Oil Striping
$55,800.00 $363,865.00
900385 269039
Stamped Asphalt Concrete
$165,615.00 $416,126.00
Pacific Northwest Oil Compass Engineering Contractors, Inc.

Sawcutting Electrical
$44,200.00 $841,235.00
Asphalt Impressions Inc. M.F. Maher Inc.

Sacramento, CA Vallejo, CA
Bay Line Cutting & Coring Inc. Coluimbia Electric
San Francisco, CA San Leandro, CA
765902
$20,780.00
San Martin, CA
463280
SWPPSurvey
$30,000.00
Concrete, Pavers
Description
Supply Amount
License No.
492862
Landscape
$350,000.00
Cunha Surveying, Inc.

Rodeo, CA
Marina Landscape, Inc.

Lathrop, CA
Tully Consulting Group
Dixon, CA
$390,074.00
JJ Nguyen, Inc.

Santa Clara, CA
857202License No.

Description
Supply Amount

Description
Name
Location
Pavers
$237,160.00
Lone Star Landscape, Inc.

Landscape
Location
Supply Amount

Name
Location
License No.
$511,075.00
Listed Subcontractors
Name
Santa Clara, CA
Jalos Construction Inc.
902640
Name Radius EarthworkGremelli Industries

Location Campbell, CASan Rafael, CA
Description AC PavingElectrical
License No. 10590101038200

Supply Amount $503,350.00$660,000.00
Location Oakland, CAOakland, CA
Name A1 Trucking SVS, Inc. RMT Landscape Contractors, Inc.

License No. 372869
Supply Amount $50,000.00$190,000.00
Description Various TruckingLandscape
Name Compass Engineering Contractors, Inc. Anrak Corporation

Asphalt Impressions, Inc.Compass Engineering Contractors, Inc.

License No. 868996
Location Hayward, CASacramento, CA
Description Striping, SignsGrinding
256390

Supply Amount $670,225.50
License No. 900385868996
Supply Amount $170,995.00$20,108.33
Description Decorative CrosswalkStriping, Marking
Name Gremelli Industries

Location San Rafael, CA
Coluimbia Electric
San Leandro, CA
Description Electrical
License No. 1038200

Supply Amount $363,865.00$30,000.00
Location Sacramento, CAHayward, CA
Name
DR Traffic Control
San Francisco, CA
1099211
Traffic Control
$59,440.00
Tully Inc.

Dixon, CA
765902
Electrical
$841,234.50
Earth Shelter Developers
Lodi, CA
Laborer
$238,875.00
$329,074.00
A1 Trucking SVS, Inc.

Oakland, CA
Trucking
$51,608.00
Bay Cities Paving & Grading,
Concord, CA
San Leandro, CA
765902
Electrical
238650
Lone Star Landscape, Inc.

San Martin, CA
463280
Landscape
JJ Nguyen, Inc.

Santa Clara, CA
857202
Paver Stone
$26,065.00
Compass Engineering Contractors, Inc.

Livermore, CA
963698
Landscaping
$353,770.00
Coluimbia Electric
San Leandro, CA
765902
Electrical
$85,420.00
M.F. Maher Inc.

Vallejo, CA
269039
Minor Concrete
$42,624.00
Coluimbia Electric
Farwest Safety, Inc.

Lodi, CA
523187
Traffic Management
$237,160.00
Compass Engineering Contractors, Inc.

Hayward, CA
868996
Striping
$248,717.00
$843,485.00
Pacific Northwest Oil
Stockton, CA
705296
Pavement Fabric
$40,000.00
WMA Landscape Construction
Mobilization
$536,050.00
WPCP
$10,950.00
Hayward, CA
868996
Decorative Crosswalk
$170,242.00
Coluimbia Electric
San Leandro, CA
765902
Electrical
$980,345.00
JJ Nguyen, Inc.

Santa Clara, CA
857202
Landscape
$419,039.00
JJ Nguyen, Inc.

Santa Clara, CA
857202
Landscape
Hayward, CA
868996
Striping
$353,675.00
$23,710.00
Pacific Northwest Oil
Stockton, CA
705296
Pavement Mat
$48,000.00
Compass Engineering Contractors, Inc.

ATTACHMENT III

ATTACHMENT IV

197 E Hamilton Ave, Ste. 204, Campbell, CA 95008
Radius Earthwork Inc., 197 Hamilton Ave, Ste. 204, Campbell, CA 95008

04/02/2024

To City Of Hayward

Dear Dave Hung,

Re: Response to Sposeto Engineering Inc on Main Street Complete Street project(Project No. 05283)

• Radius does not agree with the protest by Sposeto Engineering Inc. • Radius did close the bid but may be due to oversight bid was not sealed properly.
• Bids were opened in front of all the bidders with total transparency. • Radius confirm that their bid proposal was not tampered/altered with any eraser or whitener.
• We are requesting that the City of Hayward and its management team to consider our observations and disregard and reject Sposeto’s protest.

Regards,

Suneetha Tummala,
Secretary,
Radius Earthwork Inc.

ATTACHMENT IV
From: Rex Gondara
To: Suneetha Tummala; Gabriel Irving
Subject: Fwd: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street Date: Friday, March 29, 2024 2:09:46 PM
Attachments: image003.png
image007.png
image008.png
Regards,
Rex
510-738-9181
From: Tino Joseph Vasquez <[email protected]>
Sent: Friday, March 29, 2024 14:08
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hello Rex,
Based off our review, Marina will agree to withdraw our bid for Main Street project.

We would like to point out that RMT’s entire bid is the same or equal value to our irrigation number in which we are comfortable that we bid this the correct way.

Please let me know if you have any questions.

Thank you and have a great weekend.

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

ATTACHMENT V
From: Rex Gondara <[email protected]>
Sent: Friday, March 29, 2024 1:07 PM
To: Tino Joseph Vasquez <[email protected]>
Cc: Suneetha Tummala <[email protected]>; Gabriel Irving <[email protected]>; Rolando Alvarez <[email protected]> Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Tino, Any update.

Thank you,

Rex Gondara

(510)738-9181
197 E Hamilton Ave, Ste.204
Campbell,CA 95008
LIC# 1059010 | DIR 1000517452

From:

Rex Gondara
Sent: Friday, March 29, 2024 10:03 AM
To: Tino Joseph Vasquez <[email protected]>
Cc: Suneetha Tummala <[email protected]>; Gabriel Irving <[email protected]>; Rolando Alvarez <[email protected]> Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Good Morning Tino, Though it is unethical to share competitors quote but being a unique situation and moreover we have nothing to hide we don’t mind sharing the quote. We just overlooked deleting Marina as a sub-contractor and we want this mistake to get resolved amicably and in best interest of everyone. Please see attached. Your early response will be greatly appreciated.

Thank you,

Rex Gondara

(510)738-9181
197 E Hamilton Ave, Ste.204
Campbell,CA 95008
LIC# 1059010 | DIR 1000517452

ATTACHMENT V

From:

Tino Joseph Vasquez <[email protected]>
Sent: Friday, March 29, 2024 9:44 AM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Good morning Rex,

Thank you for the call yesterday. We’d like to help assist you in this matter I had to raise the matter with upper management.

So, in order for us to do that our Chief Estimator wants to take a look at RMT’s proposal first. Based on our long experience of 53 years in business we feel that the rate that’s shown on the bid results for RMT doesn’t quite add up. When you have a moment, please send RMT’s proposal for our review and we will inform as soon as possible with final decision.

Thank you.

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

From:

Rex Gondara <[email protected]>
Sent: Friday, March 29, 2024 9:26 AM
To: Tino Joseph Vasquez <[email protected]>
Cc: Suneetha Tummala <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and

ATTACHMENT V
know the content is safe.

Tino, Good Morning. Can you please revert back to us on the withdrawal of bid. We have to confirm City of Hayward ASAP.

Thank you,

Rex Gondara

(510)738-9181
197 E Hamilton Ave, Ste.204
Campbell,CA 95008
LIC# 1059010 | DIR 1000517452

From:

Rex Gondara
Sent: Thursday, March 28, 2024 4:33 PM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Tino, Refer our verbal conversation. Please see attached formal request to withdraw the bid for Main Stret, Hayward. Your early response will be highly appreciated.

Thank you,

Rex Gondara

(510)738-9181
197 E Hamilton Ave, Ste.204
Campbell,CA 95008
LIC# 1059010 | DIR 1000517452

From:

Tino Joseph Vasquez <[email protected]>
Sent: Thursday, March 28, 2024 9:27 AM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hi Rex,

ATTACHMENT V

Quick question for you. We just received the bid results for this project and listed subs are showing both us and RMT. Can you help clarify?

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

ATTACHMENT V
.

From:

Rex Gondara <[email protected]>
Sent: Tuesday, March 26, 2024 12:05 PM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

CALL ME.

Thank you,

Rex Gondara

(510)738-9181

From:

Tino Joseph Vasquez <[email protected]>
Sent: Tuesday, March 26, 2024 12:02 PM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street Importance: High

Hi Rex,

ATTACHMENT V
Are we still looking good?

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

From:

Rex Gondara <[email protected]>
Sent: Tuesday, March 26, 2024 11:15 AM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Tino, Numbers are good as of now.

Thank you,

Rex Gondara

(510)738-9181

From:

Tino Joseph Vasquez <[email protected]>
Sent: Tuesday, March 26, 2024 11:05 AM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hi Rex,

ATTACHMENT V

Any indication of how we look so far?

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

From:

Rex Gondara <[email protected]>
Sent: Tuesday, March 26, 2024 8:46 AM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Tino, Thanks. Waiting for it. Below is the list of Landscapers we are communicating with. Don’t know how many will bid it though.

K & D landscape
Lonestar Landscape
Los Loza Inc.

WABO Landscape & Construction Corp.

Clean Cut Landscape, Inc
Joe's Landscaping & Concrete, Inc.

Touch Of Green Landscape Inc.

Westside Landscape & Concrete
Jensen Landscape Contractor
RMT Landscape Contractors, Inc.

BAUMAN LANDSCAPE & CONSTRUCTION

Thank you,

ATTACHMENT V
Rex Gondara
(510)738-9181

From:

Tino Joseph Vasquez <[email protected]>
Sent: Tuesday, March 26, 2024 8:33 AM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hi Rex,

We are working on final reviews at the moment. Hoping to have this to you soon.

Can you tell me who else is bidding the landscape scope besides us?

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

From:

Rex Gondara <[email protected]>
Sent: Tuesday, March 26, 2024 8:31 AM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

ATTACHMENT V
Tino, Waiting for your quote.

Thank you,

Rex Gondara

(510)738-9181

From:

Rex Gondara
Sent: Monday, March 25, 2024 1:51 PM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Tino, Are you also bidding item# 27 & 28.

Thank you,

Rex Gondara

(510)738-9181

From:

Tino Joseph Vasquez <[email protected]>
Sent: Monday, March 25, 2024 1:00 PM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hi Rex,

We do have items 82 and 83 noted on our scope letter. However, 82 is limited to be procured by Marina and installation to be installed by others. There is a 5 week lead time for these. Lead time for the bike racks are 5-7 weeks.

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

ATTACHMENT V
.

From:

Rex Gondara <[email protected]>
Sent: Monday, March 25, 2024 11:56 AM
To: Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Tino, Also in case you can include Item # 82 and 83 in your scope we will be grateful.

Thank you,

Rex Gondara

(510)738-9181

From:

Tino Joseph Vasquez <[email protected]>
Sent: Monday, March 25, 2024 11:14 AM
To: Rex Gondara <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

Hello Rex,

Thank you for reaching out. Let me have the team look into this for you. I’ll get back with you to confirm if we can provide numbers for these.

Tino Vasquez
Business Development
E: [email protected]
T: 714-620-7207
C: 657-625-4020
www.marinaco.com

ATTACHMENT V
.

From:

Rex Gondara <[email protected]>
Sent: Monday, March 25, 2024 11:05 AM
To: Marina_Estimating <[email protected]>; Tino Joseph Vasquez <[email protected]>
Subject: RE: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Tino, Can you also quote for Line Item # 27,28 also.

Thank you,

Rex Gondara

(510)738-9181

From:

Marina_Estimating <[email protected]>
Sent: Monday, March 25, 2024 10:47 AM
To: Tino Joseph Vasquez <[email protected]>
Subject: MARINA LANDSCAPE SCOPE LETTER - Main Street Complete Street

ATTACHMENT V
Good day,

Please find attached.

If you have any questions, please do not hesitate to contact TINO VASQUEZ at 657-625-4020 Please confirm receipt by replying to this email.

Thank you!

Tien B. Nguyen
3707 W. Garden Grove Blvd. Orange, CA 92868 | T: 714.704.0479 | F: 714.935.1199 | www.marinaco.com

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-231
DATE: May 7, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $250,000 in One Bay Area Grant Program Funds from Alameda County Transportation Commission for the Development of a Community Based Transportation Plan, Project 06940

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $250,000 from the Alameda County Transportation Commission to develop Haywards first Community Based Transportation Plan for areas that have been identified by the Metropolitan Transportation Commission as Equity Priority Communities.

SUMMARY
In January, City Staff applied for the 2022-2026 funding cycle to improve access and mobility for historically underserved and systemically marginalized groups, including people with low incomes, communities of color, and residents of Equity Priority Communities (EPC). This regional program requires the engagement of residents and community organizations in conducting the analysis and shaping Community Based Transportation Plan (CBTP) recommendations. The Alameda County Transportation Commission (ACTC) Programs and Projects Committee (PPC) recommended approval of the allocation of funds on April 8, 2024. The ACTC Commission approved the allocation of funds on April 25, 2024.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Map of Census Tracks
CITY OF HAYWARD Printed on 5/3/2024Page 1 of 1
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Hayward City CouncilMay 7, 2024

Hayward City Council
May 7, 2024