b. A maximum payment amount for the applicable Project scope of work; c. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7 shall apply to AGENCY’s implementation of the applicable Project scope of work; d. Any additional covenants, conditions, restrictions or reporting requirements that apply to the applicable Project scope of work or funding source MTC is providing to AGENCY; e. Identification of the MTC and AGENCY project managers for the applicable Project scope of work;
f. The estimated budget and payment milestones for the applicable Project scope of work; and
g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.
Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the responsibility for implementing the applicable Project scope of work, and MTC will administer funding to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents incorporated by reference into such Supplement.
2.0 INTERAGENCY AGREEMENT ADMINISTRATION
The administration of this Agreement will be conducted by MTC staff. Day-to-day management of individual projects required under this Agreement is assigned to the appropriate Project Manager at AGENCY and Project Manager at MTC, as set forth in the applicable Supplement.
3.0 FUNDING
A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of the amounts of compensation payable to AGENCY as set forth in each Supplement.
B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of the Project in such a way that prevents costs from exceeding the estimated budget set forth in the applicable Supplement.
C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-representative employees)
4.0 TERM
This Agreement is in effect for the ten years following the Effective Date. This Agreement term may be extended by mutual written agreement.
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5.0 PAYMENT
Contingent upon AGENCY’s satisfactory completion of work products or milestones, as applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that portion of the funds available to AGENCY that have been expended. This invoice will be in the format and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all supporting documentation must accompany expenditures included on AGENCY invoices. Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of MTC’s Project Manager or a designated representative. Approval of an invoice shall not be unreasonably withheld. AGENCY should submit invoices electronically via email to MTC at [email protected] or deliver or mail invoices to MTC, as follows:
Attention: Accounting Section
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA, 94105
6.0 DELAYS AND FAILURE TO PERFORM
Whenever AGENCY encounters any difficulty that will delay timely performance of work, AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually satisfactory course of action.
If MTC determines that (a) AGENCY’s failure to complete a product on a timely basis is due to causes solely within AGENCY’s control; and/or (b) AGENCY has failed to consider MTC recommendations aimed at facilitating progress toward that product, MTC may impose such sanctions as it may determine appropriate. Sanctions may include withholding of commensurate payment due under this Agreement until compliance is achieved.
7.0 AMENDMENTS
This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of MTC and AGENCY and specifically identified as amendments to the Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an amendment.
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8.0 TERMINATION
Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90) days’ written notice. In this event, AGENCY shall submit a requisition to MTC for an amount representing the actual cost of services performed up to the effective date of termination for which AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. Upon payment of the amount found due, MTC shall be under no further obligation to AGENCY, monetarily or otherwise.
9.0 USE OF THIRD PARTY CONTRACTS
AGENCY may subcontract or subvene funds to local agencies, consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the applicable Supplement hereto, and applicable federal and state requirements.
10.0 INDEMNIFICATION
AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement.
11.0 LAWS AND REGULATIONS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state and/or a local government, and of any agency thereof, including but not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures Manual, as they exist at the time of execution of the Agreement and as they may be amended in the future, which relate to or in any manner affect the performance of this Agreement and any Supplements.
12.0 RECORDS
AGENCY agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment 192
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to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) until completion of any litigation, claim or audit, whichever is longest.
13.0 AUDITS
AGENCY shall permit MTC and MTC’s authorized representatives to have access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. Such permission shall extend to books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement of the AGENCY’s contractors and subcontractors, if any. If applicable, should MTC request access to the construction site and related field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access as it deems reasonable and safe, subject to the rights of the property owner if such owner is not AGENCY.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subconsultant agrees that MTC or any of MTC’s duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subconsultant for the term specified above. “Subconsultant” is defined in Article 14.0 Subcontracts, below.
14.0 SUBCONTRACTS
A. For purposes of this Agreement, “subconsultant” shall mean any consultant or contractor under contract with the AGENCY to perform Project work. Any subconsultants must be engaged under written contract with AGENCY with provisions allowing AGENCY to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of AGENCY. MTC’s Project Manager shall be notified in writing of any substitution or addition of subconsultants.
For any Project funded by the Federal Transit Authority (FTA), Federal Highway Administration (FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to time, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC’s Project Manager. MTC shall not process payment of any invoice under the applicable Supplement relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with respect to its contract with such subconsultant.
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B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's obligation to pay its subconsultants is an independent obligation from MTC's obligation to make payments to AGENCY.
C. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement in excess of $25,000 entered into under of this Agreement.
15.0 PROHIBITED INTERESTS
No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members, domestic partners, and their employers or prospective employers. Accordingly, AGENCY further covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer, agent or employee of MTC (or an immediate family member, domestic partner or employer or prospective employer of such member, officer, agent or employee) presently has, or will have in the Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC.
16.0 ORGANIZATIONAL CONFLICTS OF INTEREST
AGENCY shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed by subconsultants or subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC or AGENCY; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other Agreement.
AGENCY shall not engage the services of any subconsultant or subcontractor on any work related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or subcontractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Agreement.
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If at any time during the term of this Agreement AGENCY becomes aware of an organizational conflict of interest in connection with the work performed by a subconsultant or subcontractor hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances giving rise to this organizational conflict of interest. AGENCY’s written notice will also describe alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and any alternatives proposed and meet with AGENCY to determine an appropriate course of action.
MTC’s determination as to the manner in which to address the conflict shall be final.
Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by such subconsultant or subcontractor, or to termination of this Agreement for breach.
17.0 CHOICE OF LAW
All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State.
18.0 PARTIAL INVALIDITY
If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect.
19.0 NO THIRD PARTY BENEFICIARIES
This Agreement is not for the benefit of any person or entity other than the parties.
20.0 ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits incorporated into such Supplement, then this Agreement.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF MILPITAS
Therese W. McMillan , Executive Director Steven McHarris, City Manager
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EXHIBIT A
FORM OF SUPPLEMENT
SUPPLEMENT [insert number] TO MASTER FUNDING AGREEMENT
This Supplement No. ___ to Master Funding Agreement (“Supplement or “Agreement”) is entered into this ______day of _______, 20__, by and between the Metropolitan Transportation Commission (hereafter “MTC”) and [AGENCY] (hereafter “AGENCY”) and supplements the Master Funding Agreement, dated _______, 20__, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide an amount not to exceed _________ dollars ($_______) in [describe funding source] to AGENCY to fund the [brief description of Project] (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.
MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex II hereto.
The Supplement Project work will commence [date], and be completed no later than ________, 20__.
The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
Exhibit B-1, Additional Terms and Conditions (General), Paragraph A Exhibit B-1, Additional Terms and Conditions (General), Paragraph B Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) Exhibit B-3, Additional Terms and Conditions (State Required Clauses) Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
[Insert any additional covenants, conditions, restrictions or reporting requirements that apply to the Supplement Project scope of work or funding source MTC is providing to AGENCY.]
[Describe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.]
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The MTC Project Manager for the Supplement Project is [name, telephone, email]. The AGENCY Project Manager for the Supplement Project is [name, telephone, email].
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.
Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF MILPITAS
Steve Heminger, Executive Director Steven McHarris, City Manager
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EXHIBIT B-1
ADDITIONAL TERMS AND CONDITIONS (GENERAL)
A. INSURANCE REQUIREMENTS
AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under such Supplement, and in effect at all times for the duration of such Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best’s Rating of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance requirements herein utilizing self-insurance providing equivalent coverage.
B. CLAIMS OR DISPUTES
Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC.
Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally.
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EXHIBIT B-2
ADDITIONAL TERMS AND CONDITIONS
(FEDERALLY REQUIRED CLAUSES)
1. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.
2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of the applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate.
3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the current FTA Circular 4702.1A, “Nondiscrimination Guidelines for FTA Recipients,” the U.S. DOT Order to Address Environmental Justice in Minority Populations and Low-Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient (LEP) Persons.
4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.
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5. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).
6. ALLOWABILITY OF COSTS
AGENCY shall comply with the cost principles (as applicable) in Office of Management and Budget (OMB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter 1 Part 31, or 49 Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as applicable. In addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part 200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply with 48 Code of Federal Regulations, Chapter 1, Part 31.
7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES
FTA/FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or AGENCY purchases ownership under the applicable Supplement.
8. IDENTIFICATION OF DOCUMENTS
All reports and other documents completed as part of the applicable Supplement shall carry the following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the: [select appropriate agency] Federal Transit Administration/Federal Highway Administration, U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation."
9. AUDITS
AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials 201
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and data for that period of time. If, as a result of any audit, it is determined by the auditor that reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that represented and relied upon during price negotiations or represented as a basis for payment, AGENCY agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subrecipient for the term specified above.
10. FLY AMERICA REQUIREMENTS.
AGENCY agrees to comply with 49 U.S.C. 40118 (the “Fly America Act”) in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S.
Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. AGENCY agrees to include the requirements of this Section in all subcontracts that may involve international air transportation.
11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.
A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA assisted project for which work is being performed under the applicable Supplement. In addition to other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on AGENCY to the extent the Federal Government deems appropriate. 202
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B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on AGENCY, to the extent the Federal Government deems appropriate.
C. AGENCY agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions.
12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the applicable Supplement or this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.
13. DEBARMENT
This Article is only applicable if the applicable Supplement exceeds $25,000. AGENCY certifies that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department.
14. CLEAN AIR AND WATER POLLUTION ACTS
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
15. LOBBYING
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
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Attachments:
Attachment A – Federally Required Certifications (AGENCY shall either provide these certifications to MTC or shall provide copies of such certifications AGENCY has independently made to the Federal Government.)
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EXHIBIT B-2
ATTACHMENT A
FEDERALLY REQUIRED CERTIFICATIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
Instructions for Certification:
1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MTC may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact MTC for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.
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8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment.
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CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTION
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” [as defined at 49 C.F.R. Section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Date (signature of authorized official)
(type/print name and title)
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CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, hereby certify on behalf of that:
(name and title of grantee
official)
(name of grantee)
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this day of , 20__
By:
(signature of authorized official)
(title of authorized official)
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EXHIBIT B-3
ADDITIONAL TERMS AND CONDITIONS
(STATE-REQUIRED CLAUSES)
1) Attachment A – Fair Employment Practices Addendum
2) Attachment B – Nondiscrimination Assurances
a. Appendix A – Clauses to be inserted in every agreement subject to the ACT, as defined in Attachment B of this Exhibit and REGULATIONS, also as defined in Attachment B. b. Appendix B – To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein c. Appendix C – To be included for subsequent transfer of real property acquired or improved under federal-aid Program
d. Appendix D – To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program 3) Attachment C – State Department of Transportation Requirements
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EXHIBIT B-3
ATTACHMENT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and denial of fami ly care leave . AGENCY shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.
Each of the AGENCY’S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate.
3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the applicable Supplement.
4. AGENCY shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of the applicable Supplement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the applicable Supplement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY’s breach of the applicable Supplement.
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EXHIBIT B-3
ATTACHMENT B
NONDISCRIMINATION ASSURANCES
AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:
1. That AGENCY agrees that each “program” and each “facility” as defined in subsections 21.23 (e) and
21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.
5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
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6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.
8. That this assurance obligates AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which AGENCY retains ownership or possession of the property.
9. That AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.
11. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted contracts. The California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and 213
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may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.
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APPENDIX A TO ATTACHMENT B
(Clauses to be inserted in every agreement subject to ACT and REGULATIONS)
During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows:
(1) Compliance with Regulations: AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of the applicable Supplement.
(2) Nondiscrimination: AGENCY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub- applicant or supplier shall be notified by AGENCY of the AGENCY’s obligations under the applicable Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of AGENCY’s noncompliance with the nondiscrimination provisions of the applicable Supplement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
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AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event AGENCY becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States.
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APPENDIX B TO ATTACHMENT B
To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein)
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit “A” attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors arid assigns.
AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S.
Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
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*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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APPENDIX C TO ATTACHMENT B
(To be included for subsequent transfer of real property acquired or improved under federal-aid Program)
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment I-2.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add ‘as covenant running with the land”) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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APPENDIX D TO ATTACHMENT B
(To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program)
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment I-2.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add “as a covenant running with the land”) that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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EXHIBIT B-3
ATTACHMENT C
STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
Caltrans Non – Discrimination
A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, and shall affirmatively require that its contractors shall not, unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave.
B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that its contractors and subcontractors and/or subrecipients shall comply, with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.
C. Each of AGENCY’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. AGENCY shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under the applicable Supplement.
D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the applicable Supplement by this reference. Wherever the term “Contractor” appears therein, it shall mean AGENCY.
E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by STATE to investigate compliance with these non- discrimination provisions.
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EXHIBIT B-4
ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
NON FEDERALLY FUNDED AGREEMENTS)
AGENCY’s contractor(s) and all subcontractors shall comply with applicable sections of the California Labor Code and regulations promulgated thereunder (including without limitation, Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to work performed and/or funded under this Agreement. In particular, AGENCY’s attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). AGENCY’s contractor(s) and all subcontractors, to the extent the work of such contractor(s) and subcontractors under this Agreement are subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the Labor Commissioner through the internet portal of the Division of Labor Standards Enforcement. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records.
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EXHIBIT B-5
ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
FEDERALLY FUNDED AGREEMENTS)
The Additional Federal Clauses Applicable to Public Works included in Attachment A, attached hereto and incorporated herein by this reference, and the Davis-Bacon prevailing wages apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll Reporting Form, as found at https://www.dol.gov/whd/forms/wh347.pdf, shall be prepared or collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records. MTC may withhold payment if the certified payrolls to be submitted by AGENCY pursuant to this Exhibit B- 5, Prevailing Wage Rates, Apprenticeships, and Payroll Records, are not current.
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EXHIBIT B-5
ATTACHMENT A
ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS
1. Buy America
2. Davis-Bacon Act
3. Contract Work Hours and Safety Standards Act
4. Copeland Anti-Kickback Act
5. Prompt Payment of Funds Withheld to Subcontractors
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1. Buy America Requirements
Buy America – Attention is directed to the “Buy America” requirements of the surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements. A Certificate of Compliance shall be furnished for steel and iron materials.
The certificates shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions.
The requirements imposed on AGENCY by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one- tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The AGENCY or its contractor(s) shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporation the materials into the work.
Certification requirement for procurement of steel, iron, or manufactured products.
The AGENCY hereby certifies that all manufacturing process for steel and iron materials occurred in the United States, except for the above exceptions.
Signature:
Name and Title:
Company Name:
Date:
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2. DAVIS-BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act - (i) The AGENCY’s contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926.
Among other things, the AGENCY’s contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The AGENCY’s contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any par t of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.
4. COPELAND ANTI-KICKBACK ACT
Compliance with Copeland Act requirements - The AGENCY’s contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 226
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5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY’s prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating AGENCY’s prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. 227
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EXHIBIT B-6
ADDITIONAL TERMS AND CONDITIONS
(REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171)
Recitals
WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority (“BATA”) which is a public instrumentality governed by the same board as that governing MTC; and
WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and 30914; and
WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and
WHEREAS, on November 8, 1988, voters approved Regional Measure 1 (“RM1”), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and
WHEREAS, on March 2, 2004, voters approved Regional Measure 2 (“RM2”), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and
WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and
WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and
WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and
WHEREAS, AGENCY submitted one or more allocation requests for RM2, AB 1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY’s resolution(s) approving the allocation request(s) are attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and
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WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment A as Attachment C, MTC Resolution(s) Approving Project Request, MTC approved AGENCY’s request(s) for the applicable funds for the applicable Project.
I. AGENCY AGREES
A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attachment A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request.
B. AGENCY shall provide MTC with annual progress reports on or before each July 31 throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636.
C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RM1, RM2 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RM1, RM2 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC.
D. AGENCY agrees to spend RM1, RM2 and/or AB 1171 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment E, Reimbursement Schedule.
E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM1, RM2 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised, as well as the provisions of MTC’s RM2 Policy Guidance contained in Attachment D, MTC Resolution No. 3636, relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 from time to time. The AGENCY agrees to comply with the most current Resolution that is approved at any given time.
F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report, as it may be updated from time to time. Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement.
G. AGENCY certifies that:
The Project is consistent with the Regional Transportation Plan (“RTP”). 229
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All environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment.
The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement.
AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A. If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised.
If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c).
If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 31010(b).
The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Sections l5000 et seq.), and if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder.
There is no legal impediment to AGENCY making allocation requests for RM1, RM2 and/or AB 1171 funds, as applicable.
There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project.
H. In addition to AGENCY’s commitment under Article 10, INDEMNIFICATION, of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM1, RM2 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.
I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC’s percentage participation in the Project. MTC’s percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement Schedule, as updated from time to time, as such amount may be adjusted to reflect total project costs.
J. Project assets purchased by AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC’s 230
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option) based on MTC’s share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM1, RM2 and/or AB 1171 funds, as applicable, were originally used.
K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two signs visible to the public stating that the Project is funded with RM1, RM2 and/or AB 1171 funds, as applicable.
L. AGENCY’s City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies.
M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised, and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request.
II. MTC AGREES
A. MTC agrees to provide AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A.
The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY’s allocation request from the State according to the Allocation Request Schedule provided in Attachment F to the applicable Supplement.
In the event AGENCY does not use all RM1, RM2 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement.
III. IT IS MUTUALLY AGREED
A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY’s performance hereunder; or (ii) disrupts MTC’s ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owes to the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement.
B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by 231
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serving a sixty (60) day advance written notice of termination on AGENCY, setting forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC’s satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default.
C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RM1, RM2 and/or AB 1171 funds, as applicable, expended that exceed MTC’s proportionate share of eligible costs for the Project.
D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred.
E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised, or on the termination date, if any, set forth in the Supplement, whichever is sooner.
F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein.
Attachment A – Updated Initial Project Report (Allocation Request) Attachment B – AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C – MTC Resolution(s) Approving Project Request(s) Attachment D – MTC Resolution No. 3636, Revised
Attachment E – Reimbursement Schedule
Attachment F – Allocation Request Schedule
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EXHIBIT B-7
ADDITIONAL TERMS AND CONDITIONS
(REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ)
1. TERMINATION
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable. If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product.
2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.
AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.
3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY’s books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4.
AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term “contract” as used in this clause excludes agreements not exceeding $25,000.
4. LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data, and products (“Work Products”) developed, prepared, or assembled by AGENCY or AGENCY’s consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a 233
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third party, without the approval of AGENCY or AGENCY’s consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY’s consultant(s) or subconsultants purchase ownership under this Agreement.
5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.
6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate.
7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21).
8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.
9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).
10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.
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11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments.
14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein incorporated by this reference and made a part hereof.
AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.
15. IDENTIFICATION OF DOCUMENTS
AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page:
“The preparation of this report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation.”
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SUPPLEMENT NO. 1 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF MILPITAS
For MILPITAS GATEWAY/MAIN ST. SPECIFIC PLAN
This Supplement No. 1 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this March 1, 2022, by and between the Metropolitan Transportation Commission (“MTC”) and the City of Milpitas (“AGENCY”) and supplements the Master Funding Agreement, dated March 1, 2022, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to reimburse an amount not to exceed five hundred thousand dollars ($500,000) in Federal Highway Authority (FHWA) funds to AGENCY to fund the MILPITAS GATEWAY/MAIN ST. SPECIFIC PLAN (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.
The Supplement Project work will commence on March 1, 2022 and be completed no later than March 1, 2025.
The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
☒ Exhibi
t B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☒ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☐ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☐ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
☒ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
Funding f
or this project was authorized by the Metropolitan Transportation Commission at its May 26, 2021 meeting through Resolution 4202, Revised (see p. 1 of Attachment B-1), attached to this document as Attachment A.
The M
TC Project Manager for the Supplement Project is Somaya Abdelgany, (415) 778-5217, [email protected]. The AGENCY Project Manager for the Supplement Project is Jay Lee, (408) 586-3077, [email protected].
This
Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 236
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
C apitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF MILPITAS
Therese W. McMillan, Executive Director Steven McHarris, City Manager DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 237
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Annex I
Project Description and Scope of Work
MILPITAS GATEWAY/MAIN ST. SPECIFIC PLAN
Background
T
he Milpitas Gateway/Main St. Specific Plan (“The Plan”) will update the Midtown Specific Plan, which was adopted in 2002 to maximize land use, transportation and economic opportunities and catalyze mixed-use, transit-oriented development in the “heart” of Milpitas. Midtown is ideally situated between two Interstate freeways, two major east-west arterials, and two active Union Pacific Railroad lines. It also has direct access to VTA light rail and the new Milpitas BART Station. Midtown is a regionally important PDA with potential to accommodate significant jobs and housing growth in a sustainable and efficient manner. However, much of the development potential in Midtown has not been realized, especially along historic Main Street and Calaveras Boulevard.
T
he plan update will redefine the boundaries and facilitate redevelopment to transform Midtown into a vibrant destination and gateway to the City’s core, concentrated around the new Milpitas BART Station.
The Midtown Specific Plan will be renamed the “Gateway/Main Street Specific Plan” and identify three focus areas (Main Street, Calaveras Boulevard, and Abbott Avenue / I-880) to reflect this new vision.
The proposed scope of work includes a comprehensive suite of activities including technical research and analysis of existing conditions, robust community outreach and plan visioning, plan development, and plan adoption.
A
gency or its consultant team shall perform the scope of work described below. Agency’s current consultant is Ascent.
Task 1 – Plan Boundaries, Data Gathering, & Assessments T
ask 1.1: Kick-Off Meeting & Site Tour
Ascent and its teaming partners (The Ascent Team) will initiate the project with a (virtual) kick-off meeting and site tour to discuss:
• City goals and objectives
• Team roles and responsibilities
• Project area context and efforts underway
• Planning Area / Focus Area boundaries
• Schedule and key milestones
• Scenario planning
• Community engagement and project branding
• Coordination with City staff.
D
uring this time, The Ascent Team will also submit a list of data and information needs. Shortly after the kick-off meeting (on the same or separate day), pending public health directives, team members will conduct a site tour to examine key issues, focus area context conditions, and the extent of Plan Area boundaries. Following the site tour, The Ascent Team will coordinate with the City to discuss focus area boundaries and base map preparation, including use of scenario planning tools for mapping.
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Supplement 1
Task 1.1 Deliverables: Kick-off Meeting Materials and Meeting Summary
Task 1.2: Material Review & Preliminary Mapping
Following the kick-off meeting and data exchange, Ascent will prepare a working map database and initial series of maps that depict the City, community, and local context. The maps will establish the baseline and Plan Area boundaries for subsequent work.
As part of this phase, the Ascent Team will review relevant existing and in-progress studies to serve as a basis for The Ascent Team initial analysis of the Plan Area. To avoid “reinventing the wheel” and ensure continuity between plans, The Ascent Team will build from recent or developing plans and studies in the Plan Area, including the:
• 2002 Milpitas Midtown Specific Plan
• Newly adopted 2020 General Plan
• 2024-2030 Housing Element Update
• City of Milpitas Municipal Code
• City of Milpitas 2020 Economic Development Strategy and Implementation Actions • City of Milpitas Climate Action Plan
• Milpitas Metro Specific Plan studies
• Cultural Resources Register
• Milpitas Parks and Recreation Master Plan Update
• Bikeway and Pedestrian and Trails Master Plan
• City of Milpitas Streetscape Master Plan
• Utility Master Plan Updates for water and sewer and storm drainage
The Ascent Team will leverage the work that has been produced and highlight key takeaways that will inform the focus of latter studies and solutions in the Plan Area.
Task 1.2 Deliverables: Preliminary Mapping Database
Task 1.3: Existing Conditions Assessment
The Ascent Team will assess the existing physical context of the Plan Area, including land use and urban form, transit and circulation network, infrastructure and utilities, and market analysis. The Ascent Team will focus The Ascent Team’s analysis on identifying preliminary opportunities and constraints related to land use and development, catalytic sites (in coordination with input from city staff), and potential circulation and infrastructure improvements that would support the goals of the Specific Plan effort.
Deliverables for this task will be concise and graphic in nature, focusing on implementation-oriented opportunities that can be analyzed and addressed through the Specific Plan Update. Ascent will prepare a brief graphic PowerPoint presentation, summarizing the results of the Existing Conditions Assessment for use by the team and city for public meetings.
Land Use, Zoning, & Urban Form Analysis
Ascent will review the Specific Plan and assess the progress made on the specific plan in terms of construction and improvements to date, remaining unrealized projects, future opportunities, and potential constraints both on-the-ground and from a regulatory standpoint. The Ascent Team will DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 239
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
prepare a graphic Land Use, Zoning, and Urban Form Memo, formatted as a PowerPoint, addressing the following:
• Focus areas, neighborhoods, and corridor segments that contribute to the identity of the Plan Area. Ascent will describe the urban form and character within each of these focus areas, includ- ing legacy businesses or anchors, essential services, and community assets that contribute to the character and culture of the area.
• Existing and planned land uses, zoning, and Specific Plan regulations, including development standards, such as setback conditions, height, floor area ratio, housing density, and other deter- minants that have dictated urban form.
• Vacant and underutilized parcels and opportunity sites. • Existing and planned environmental features, open space, and parks, including opportunities for new public realm spaces, open spaces, and other connections. • Overview of known, eligible, and designated historic and cultural resources in and adjacent to the Plan Area, relying on existing city background documents, including the City of Milpitas Cultural Resources Register and a cultural resources database search.
This examination will be helping The Ascent Team understand where development controls are conducive to or hindering the transformation of the Plan Area, honing in on addressing key updates to the Specific Plan that will remove barriers, modernize and update the approach, and facilitate the desired evolution of the Plan Area.
Market Analysis
BAE will prepare a high-level real estate market analysis to evaluate market support for new development in the Plan Area based on current and future anticipated market conditions. For each use, BAE will identify the inventory in the appropriate market area and analyze data related to key metrics such as vacancy, rental rates, new construction deliveries, net absorption, and future demand. The market analysis will also identify, describe, and analyze the impact of national and regional trends on demand for the identified land uses within the Plan Area. These trends could include shifts in preference for office locations and type of workspace, disruption in the retailing industry impacting space demand, trends in amenities desired by residents and office tenants, and potential medium- to long-term impacts on residential and nonresidential real estate demand due to COVID- 19. The market analysis will study up to three (3) land uses, such as office, retail, and residential uses. For the analysis of retail uses, BAE will coordinate with Greensfelder Real Estate Strategy.
The market analysis will identify opportunities and constraints for the Plan Area to inform the mix of uses in the Specific Plan. In addition, the analysis will identify potential challenges to achieving the desired mix of uses in the Plan Area and recommend strategies to address these challenges as appropriate.
Affordable Housing, Equity, & Community Benefits Analysis BAE will identify options for the promotion and delivery of affordable housing in the Plan area and identify options for the Plan’s community benefits framework. The analysis will draw on data assembled from the market analysis task, including an analysis of jobs and wages in the Plan area, to identify market conditions that affect the production of affordable housing in the Plan area. In addition, BAE will coordinate with the City’s Housing Element Update and Assessment of Fair Housing consultants and request information from the City regarding affordable housing production in the Plan Area to establish a Housing Profile of deed-restricted affordable housing, unsubsidized affordable housing, market-rate DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 240
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
housing, informal housing, and accessibility. The Housing Profile will analyze other relevant factors including population demographics, economic stability, and health/risk factors and compare the Plan area to Milpitas, Santa Clara County, and the greater Bay Area region. BAE will also review existing policies related to affordable housing production and community benefits, including but not limited to citywide policies, policies specifically affecting the Plan area, and any policies included in the Milpitas Metro Specific Plan. Based on an analysis of these trends, BAE will identify opportunities to improve affordable housing production and community benefits outcomes. As a part of this work, BAE will coordinate with City staff and the consultant team to align affordable housing and community benefits goals with the overall goals of the Plan. BAE will then develop a menu of options for enhancing affordable housing production and community benefits outcomes in the Plan area, along with trade-offs associated with various policy options. BAE will prepare an administrative draft affordable housing and community benefits promotion and delivery options memorandum for City review. Following receipt of a single set of consolidated comments on the administrative draft, BAE will revise the memorandum to prepare a draft for public review.
Transportation Analysis
Fehr & Peers will prepare an existing conditions transportation memo, including the following elements:
• Review of relevant data and documents affecting transportation policies and infrastructure in the Plan Area, including the City’s traffic safety and parking data and existing car share infrastructure.
• Review the City’s Vehicle Miles Traveled (VMT) Policy, which includes heat maps demonstrating the average VMT for Milpitas residents and employees. • Mapping of the street network by functional class, the bicycle and pedestrian network, transit routes and services, truck routes, and key gaps or missing links in the vehicular and bicycle/pedestrian network.
• Daily roadway volumes on up to 15 roadway segments, using data collected for the General Plan update.
• Peak hour intersection volumes and LOS at up to ten key intersections, using data collected and analyzed for the General Plan update.
• As an optional task, Fehr & Peers can collect new counts at up to five intersections, if needed, supplemented by StreetLight data to check COVID recovery count data. • Resident and worker travel characteristics for the City and the Plan area based on census data, using the Census Transportation Planning Package database. • A summary of transportation opportunities and constraints for the Plan Area.
Public Infrastructure & Utilities Analysis
BKF will visit the site to review the existing site constraints and conditions. Based on the site visit, and BKF’s previous Milpitas Midtown Specific Plan project experience, BKF will prepare a Public Infrastructure and Utilities Memo, including the following elements:
• Confirm City implemented utility master plan, which evaluates and identifies improvements for the City’s water, stormwater, sewer, energy/gas, and broadband infrastructure. • Document an overall utility base map for use by the team, including exhibits for each utility system.
• Assess the City’s solid waste facilities and infrastructure within the Plan area. • Identify any potential challenges to development.
• Confirm the scope of survey services to support the planning and permit processes.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 241
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Resilience & Climate Adaptation Assessment
Ascent’s Urban Design + Planning Studio will coordinate with its Climate Team, which is preparing the City’s Climate Action Plan Update, review the City’s Local Annex to Santa Clara County’s Regional Hazard Mitigation Plan, and utilize Cal EnviroScreen to assess the Plan area’s vulnerability to climate change and flooding hazards. The assessment will identify and evaluate vulnerable facilities, infrastructure, and resources. The Plan will provide goals, policies, and actions to support suitable adaptation measures.
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ask 1.3 Deliverables:
• Land Use, Zoning, and Urban Form Analysis
• Market Analysis
• Affordable Housing, Equity, and Community Benefits Analysis • Transportation and Circulation Analysis
• Public Utilities and Infrastructure Analysis
• Resilience and Climate Adaptation Assessment
• Brief Graphic PowerPoint – Presentation Summarizing Existing Conditions Assessment Findings for Use in Public Meetings (For All Studies)
Task 2 – Public Outreach & Engagement
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have structured the community outreach process to align with the city’s desired approach to address each focus area separately, while also comprehensively addressing the larger Plan Area. However, to efficiently meet the timeline desired for the completion of the Specific Plan, The Ascent Team proposes the concurrent sequencing of focus area meetings to advance the Plan in a coordinated manner. The Ascent Team will evaluate the issues and opportunities of each focus area, as well as how they will work together and in the broader context of Midtown, and reinforce their individual area strengths and placemaking goal, rather than compete for similar market needs. The Ascent Team proposes using a variety of approaches to engage and collect input from the community, as further described in the tasks that follow.
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ask 2.1: Community Engagement Strategy
Shortly after the project kick-off meeting (Task 1.1), Ascent and Plan to Place will engage the City in a meeting to discuss the approach and strategy to community engagement and project branding. The Community Engagement Strategy will identify:
• Roles and responsibilities of the consultant team, staff, and stakeholders in the planning process. • Timelines for outreach activities, coordinated with the phased presentation of each focus area. • Communication strategy for creating awareness, invitation, and creative buzz about the project.
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n addition to engaging residents, business owners, and development community stakeholders, the Engagement Strategy will also address outreach to engage low-income communities, minority residents, and non-English speakers through local community channels and/or pop up events at strategic locations in the city. The Community Workshops and Open House will also include translation and , if conducted in-person, childcare services.
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ask 2.1 Deliverables: Community Engagement Strategy
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 242
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 2.2: Project Branding & Communication Materials
The Ascent Team will develop a project brand, anticipated to include a logo, tagline, font, and color palette for the Milpitas Main Street/Gateway Specific Plan Update. This will be used for all messaging and collateral, including the project website, PowerPoint presentations, print and digital materials, and final Specific Plan deliverable. As an optional task, Studio J9 will develop coordinated concept branding for streetscape and wayfinding elements, see Task 3, for more information related to that effort.
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ask 2.2 Deliverables: Project Branding and Communication Materials T
ask 2.3: Project Website
The Ascent Team will work with the City to create and maintain a project website to be used to publicize the project timeline and updates, host community engagement activities, including workshops, surveys, and public review draft documents.
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ask 2.3 Deliverables: Project Website
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ask 2.4: Stakeholder Interviews
Early in the process, Ascent will conduct six stakeholder interview sessions in small group settings of no more than five people per group and lasting no more than 1-1/2 hours in duration. These stakeholder interviews may be organized by those wishing to participate and provide feedback on the individual focus area and/or the Plan Area. The Ascent Team will work with City staff to identify the list of individuals and groups to participate in the interviews. Potential candidates may include business and property owners, business representatives, neighborhood associations, developers and real estate professionals, community groups, and other stakeholders who have an interest in the Plan Area. The interviews will allow participants to speak to issues and opportunities in a confidential setting that allow for honest feedback without assigning comments to individuals. Interview participants will have an opportunity to review and provide feedback on the Public Draft Plan.
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ask 2.4 Deliverables: Stakeholder Interview Summaries
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ask 2.5: Community Workshops
Ascent and Plan to Place will coordinate with City staff in the preparation for and execution of up to two Community Workshops to provide the community and decision makers with basic knowledge focused on the Specific Plan Update, share preliminary planning scenarios and provide progress updates. The team will be prepared to implement digital virtual meeting formats to share information about the project, answer questions and gather feedback to address community concerns. It is anticipated that live polling and other interactive tools will be used to complement virtual meeting platforms to share and gather input during the meeting. Community workshops will be advertised digitally on social media platforms and the City’s website along with physical mailers (by City) that can be mailed directly to residents.
Workshop #1: This visioning event will allow the public to provide input on plan priorities, needs, and their vision and ideas for the Plan Area and focus areas. These visioning events will allow the public to provide input on plan priorities, needs, and their vision and ideas for the Plan Area and focus areas.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 243
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Workshop #2: Ascent and Plan to Place will host a community workshop, to solicit feedback on plan alternatives in order to arrive at a preferred plan, as well as framework strategies and placemaking concepts that will form the basis of the Specific Plan.
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n conjunction with each of the workshops, an online community survey, polling, or other activity will be conducted on the project website, to expand the reach of the effort out to the community and extend the feedback period for those who were not able to participate real-time in live events.
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ask 2.5 Deliverables: Community Workshop Materials and Meeting Summaries T
ask 2.6: Pop-Up Events (Up to 2)
Pop-up events are proposed to collect additional input within each of the focus areas. If/once shelter-in- place restrictions are lifted in 2021, Plan to Place can assist the project team and City staff with the preparation for and facilitation of “pop-up” or intercept workshops to meet the community where they are. The objectives will be to:
• Meet with the community at times and locations that are convenient and safe to them, such as farmers markets or other local events; and
• Facilitate informal workshops to share information about the engagement effort and gather input through interactive tools while practicing social distancing and safety measures.
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ince the Main Street Community Conversations will have occurred prior to the project kick-off, the pop-up events may focus on users and stakeholders within the Calaveras Gateway and Abbott Avenue/I- 880 focus areas.
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ask 2.6 Deliverables: Pop-Up Event Summaries (Up to 2 Events) T
ask 2.7: Community Open House
Ascent and Plan to Place will coordinate and lead an Open House event, either digitally or in person to share the Specific Plan Update and gather final input during the Public Review process. This is anticipated as an open meeting where participants can drop in throughout a designated time to ask questions and share input about different aspects of the Specific Plan.
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ask 2.7 Deliverables: Community Open House Materials and Meeting Summary (1 Event) T
ask 2.8: Meet with Technical Advisory Committee
Ascent will attend up to four meetings with a Technical Advisory Committee (TAC). The City will organize the TAC, which can include staff from various city departments, as well as public agencies, such as VTA and other key partners in the process. The first meeting will be to share the project scope and timeline and query the TAC for feedback on project objectives, area boundaries, and known or potential issues within the Plan Area that need to be studied. The subsequent three meetings with the TAC will address planning scenarios; review the preferred plan and draft strategies; and provide an update and discuss any comments to the Administrative Draft Specific Plan.
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ask 2.8 Deliverables: TAC Materials and Meeting Summaries (Up to 4) DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 244
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 2.9: Support Commission & City Council Study Sessions We understand that the City Council will take an active role in the planning process and have planned to provide support for up to seven study session meetings, including up to six study sessions with the City Council, as well as one study session with the Planning Commission. Agendas and timing will be refined through the planning process in coordination with the City. For scoping purposes, The Ascent Team have identified potential agenda topics for each of the study sessions below, and have included the approximate timing and relationship to the overall work program on the project timeline:
• Study Session #1: Study session with the City Council. This session will be an opportunity for the team to hear the Council’s vision, as well as discuss process, strategy, and engagement. • Study Session #2: Study session with the City Council, to discuss plan priorities. • Study Session #3: Study session with the City Council, to discuss land use and development scenarios and strategies.
• Study Session #4: Study session with the City Council, to discuss transportation and mobility. • Study Session #5: Study session with the City Council, to discuss public realm design and improvements. • Study Session #6: Study session with the City Council, to discuss economic development, funding, and incentives.
• Study Session #7: Study session with the Planning Commission, to provide an overview of the planning process and provide a briefing on the Administrative Draft document.
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scent will prepare and present a PowerPoint presentation for each meeting and take notes on input received from these meetings. To support the efficiency of the planning process, joint study sessions are encouraged, when possible.
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ask 2.9 Deliverables: Commission and Council Materials and Meeting Summaries Task 3 – Visioning, Scenarios Planning, & Preferred Plan T
ask 3.1: Initial Visioning
The community engagement process, described in Phase 2, will begin to reveal the needs and desires of the community and neighborhood stakeholders leading to identification of community priorities. These may take the form of physical, social, or economic outcomes.
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he Ascent Team will engage the City in a brainstorming session to describe what the priorities are and use them to prepare a draft vision and guiding principles and confirm the range of options. Key members of city staff from the TAC, such as Economic Development, Transportation, Public Works, and city staff leading other planning efforts, may be encouraged to participate, depending on the City’s goals for the process. As part of this process, the Ascent Team will share inspirational images to consider as planning benchmarks or precedents for the evolution of the Plan Area, and the Ascent Team retail specialist will share a presentation framing the state of retail-post COVID and providing best practices for integrating ground-floor commercial uses into mixed-use development. Ascent will document the outcomes in a Draft Vision Memo.
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ask 3.1 Deliverables:
• Brainstorming Session Presentation Materials
• Draft Vision Memo
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 245
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 3.2: Scenario Planning
Ascent will work with city staff to prepare up to 3 development options, testing different development frameworks, including land use, intensity, mobility/ connectivity, parks and open space, and block and development configurations. The Ascent Team will work with the city to confirm the preferred method
for scenario planning, including utilizing ESRI ArcUrban or Urban Footprint, to prepare focus area options to evaluate the range of development potential, and how each option achieves the city’s objectives and key metrics, such as achieving housing goals, commercial development, trip generation, and greenhouse gas emissions. The scenario evaluation may also be coordinated with and/or inform proposed EIR alternatives and Climate Action Planning goals.
Task 3.2 Deliverables: Summary of Scenario Planning for 3 Development Framework Options
Task 3.3: Preferred Draft Plan & Strategies for Incorporation into the Plan Based on city and community feedback, the Ascent Team will develop a preferred plan and coordinate with the city on strategies to implement the vision for the Plan Area, with a focus on responding to city and/ or community issues and priorities and addressing the tasks described on pages 10-11 of the RFP.
These strategies will serve as the basis for the development of the Specific Plan chapters.
Land Use Updates, Urban Form, & Parking
As part of this task, in conjunction with the Economic Development and Retail Strategies, the Ascent urban design team will conduct 2d and 3d testing to evaluate prototypical projects from a design, programming, and yield standpoint, as well as to test existing and proposed development and design standards, such as development intensities, setbacks, step backs, open space requirements, and parking requirements.
Ascent will prepare a preferred plan and associated framework diagrams, with accompanying strategies and imagery to describe land use and urban form that correspond to the vision and development projections. The Ascent Team will prepare accompanying development yield tables, and an illustrative master plan graphic that depicts how the focus areas can be “stitched” into the broader Midtown District.
Economic Development & Retail Strategies
The Ascent Team, led by BAE with support from Greenfelder Commercial Real Estate Strategy, will support the economic development component of the Specific Plan by building from the 2020 Economic Development Strategy and implementing many of its specific actions under the new Specific Plan framework. This task will overlap with the development of the Specific Plan Implementation chapter, with the goal of having the Specific Plan provide a clear pathway to overcome current obstacles that have inhibited new development and redevelopment of property in the plan area. Work under this task will include:
• Opportunity Sites. Identification of publicly- and privately-owned opportunity sites and their market-supported potential uses and recommended actions to activate these sites which would include the Serra Center; MUSD properties, Santa Clara County-owned properties, the vacant Hammond Way, lands with annexation potential south of Calaveras Boulevard along Abbott Avenue, indicating which sites would be most suitable for new local restaurants and independent retail. Evaluate the alignment of existing land use policies and regulations with the level of market support for permitted uses and what steps need to be taken to facilitate new development.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 246
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
• Retail Audit of Zoning Code. Greenfelder Real Estate Strategy will review the zoning code, current specific plan, and development standards and draft a memo recommending how they might be updated and/or integrated to facilitate, expedite, and expand retail in the Plan Area. • Retail Strategies Memo. Greenfelder Real Estate Strategy will draft a memo describing economic development and retail strategies to reposition the study area for main street development as well as redevelopment and infill of the larger plan area. The memo will address the following: (1) commodity/specialty retail (2) solutions for activating the main street frontage and ensuring retail resilience, including Post-COVID retail impacts including short versus long term implications; (3) retail strategies for business attraction including how to encourage retail, how to avoid overbuilding, addressing 18-hour/15- minute cities, and (4) potential objective design standards to facilitate successful ground floor commercial space. • Property-based Business Improvement District (PBID). Expand the Economic Strategy Actions related to a PBID with outreach to property owners and business owners to first ascertain the level of support for a PBID and then to formulate a preliminary scope of PBID activities and services and prepare a preliminary estimate of special assessments on properties. Formation of a PBID is not included as part of this scope and budget. • Capital Improvement Program and Financing Plan. BAE will prepare a Financing Plan for the Plan Area, which identifies federal, state, and local sources of funding, including Plan Area-specific impact fees. This task is described in Task 4 below.
Strategic Property Acquisition Revenue (“SPAR”) Fund
BAE will evaluate the portfolio of City-owned properties and estimate revenue generation potential, any required initial investment, and timing of potential revenue. It is assumed the City can provide an excel database of properties. Based upon its market analysis and work on the Specific Plan, BAE will evaluate the highest and best use for each property and how it aligns with existing permitted uses and/or proposed uses under the new Specific Plan. Using market data, as well as information from recently commissioned City appraisals (such as a recent one commissioned to set park fees), BAE will prepare a matrix that shows each property’s highest and best use, permitted uses, AB 1486 Surplus Public Lands Act applicability, potential value, potential lease income, and disposition strategy options to generate one-time or ongoing revenue that can flow to the SPAR fund. Cost to operate the SPAR fund will be formulated through conferring with City staff. As part of this optional task, BAE will prepare a draft and final technical memo with the data, analysis, and findings.
Economic/Scenario Feasibility Testing
BAE will conduct financial feasibility testing to evaluate the impact that various policy options would have on development feasibility. This financial feasibility testing could identify the extent to which new or updated policies or development standards could facilitate the production of affordable housing or the delivery of community benefits as part of new development projects.
Impact Fee Scoping Coordination
BAE and the Ascent team will work with the City to discuss the potential implementation of a Main Street/ Gateway District Impact Fee Program. As part of this task, the Ascent Team anticipate 1-2 meetings with a combination of the City’s project team, the Finance Director, and/ or the City Manager to discuss considerations for the development of an impact fee, including a nexus study and associated order-of-magnitude costs estimates or other studies.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 247
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
It is anticipated that impact fee considerations and scoping can also be addressed in City Council Study Session #6, Funding and Incentives, which has been budgeted as part of Task 2.9. Following this task, the Ascent team will prepare a detailed approach and budget for the impact fee development and any associated studies that will be needed.
Mobility & Circulation
Fehr & Peers will perform the following tasks to support the development of the Plan mobility element:
• Prepare rough order of magnitude trip generation and VMT generation estimates to support consideration of up to three land use alternatives, to support the development of a preferred alternative.
• Develop a multi-modal network plan for the preferred alternative. • In collaboration with the Ascent Team, develop complete street design concepts for up to five roadway cross-sections and five intersections, including a combination of cross-sections and plan views.
• Develop transportation policies and programs to support the goals of the Plan, including travel demand management policies to apply to existing and new development, parking rates, curbside management, and other key topics.
• As an optional task (not included in budget), Fehr & Peers can develop local circulator shuttle route options, building on the City’s past work and studies, including potential funding mechanisms (concept-level).
Public Realm Improvements, Placemaking, & Branding
The Ascent urban design team will evaluate parks, pathways, and open space projects constructed to date, identifying remaining needs and further efforts to support preferred plan’s level of development intensity and placemaking objectives. Framework diagrams with accompanying strategies, design concepts, and imagery will be prepared for topics such as open space, public realm design, streetscape improvements, paseo connections to Main Street, placemaking, urban greening, wayfinding and signage, and district branding.
Optional Task (not included in budget): District Identity & Branding As an optional task, Ascent and Studio J9 will advance the district branding to develop a branding program of customized graphics, signage, and wayfinding. The branding program can serve as a near- term implementation item to convey a sense of place, highlight the spirit of the community, and support marketing efforts for the Main Street/ Gateway Area.
We anticipate addressing the following, to be refined through the Ascent Team dialogue with the City, community, and stakeholders:
• Pedestrian and vehicular district identity and wayfinding components, to be coordinated by location, per a location plan
• Streetscape Banners (Base and Special Event)
• Seating, Street Furnishings, and Public Art
• Kiosks (Bus Shelters or Freestanding Sign Kiosks) and Pedestrian/Bike Connectivity Signs • Special Signage Elements, such as Boundary Definition or Identification/Gateway Designation
Task 3.3 Deliverables:
• Preferred Draft Plan
• Strategies Summary for Economic Development & Retail
• SPAR Funding
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 248
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
• Mobility & Circulation
• Public Realm Improvements, Placemaking, & Branding
Task 4 – Specific Plan Drafting
To meet the City’s desired timeline, the Ascent Team has proposed a streamlined process to for preparing the Specific Plan Update.
Although the effort has been described as an “Update”, due to the length of time that has passed since the preparation of the Specific Plan, The Ascent Team understand that this will not be a surgical update.
The Ascent Team will address changes to state law, as well as best practices for modernizing the specific plan regulations and objective design standards and update the organization and format. The Ascent Team will work with the City to come up with the most streamlined approach, and confirm content, organization, and format, early in the process.
We will have developed the plan frameworks and core strategies within Task 3, including key imagery, graphics, and diagrams, and seeking input from the community, the TAC, and the Planning Commission. Task 4 will be focused on integrating the Task 3 deliverables into a coordinated Specific Plan Update document for review and feedback by City staff.
Task 4.1: Outline & Mock-Up
In conjunction with Phase 3, Ascent will prepare a document mock-up and annotated outline to describe the proposed structure for the Specific Plan document early in the process to confirm the structure and components of the document with city staff.
Task 4.1 Deliverables: Outline and Mock-Up
Task 4.2: Administrative Draft Plan
The Ascent Team will prepare an Administrative Draft Plan for review by City staff. The Plan will incorporate goals, policies, and the findings and strategies from earlier plan phases. The Administrative Draft Plan will include the following information in a format to be confirmed under Task 4.1, consistent with state law/ guidance for Specific Plans:
• Introduction. This chapter will provide an overview of the Plan Area, the history of past and ongoing planning efforts, the focus of the update, the organization of the Plan, and updates to the Plan Area boundaries. Additionally, a summary of the community engagement process, events, outcomes, and how that input has shaped the development of the Plan will be provided. • Vision and Goals. This chapter will describe the vision and summarize guiding principles, provide an illustrative plan, and 3D imagery that tell the story of the vision for the evolution of the Plan Area.
• Land Use and Zoning. This chapter will provide a regulatory framework for land use and zoning, including housing, desired mix of uses, intensity (as well as available incentives for market rate and affordable housing), height, setbacks, and other development standards such as building frontages, and parking.
• Mobility. This chapter will provide the access, circulation, mobility, and transit framework, to facilitate movement within and through the area, including new streets and connections, complete streets improvements, shuttle services, and pedestrian and bikeway connections and improvements.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 249
Item # C10.
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MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
• Public Realm Improvements. This chapter will identify specific strategies to support more fine grain placemaking improvements within each of the Plan’s focus areas, including open space, public realm, and streetscape improvements, potential paseo connections to Main Street, urban greening, wayfinding and signage, and district branding. • Infrastructure and Utilities. This chapter will provide guidance for infrastructure and utilities improvements, including identifying enhancements, changes and additions to the Basic Infrastructure Program appropriate to and supportive of changes in the development scenario reflected in the Plan.
• Implementation. This chapter includes implementation actions, responsibilities, and associated timeframes to support public and private investment within the Plan Area, including agency action items, assessment districts, and/ or impact fee development. It will also describe the process for subsequent project review and streamlining, based on the Specific Plan EIR scope and analysis.
Note: A form-based approach may be taken incorporating Specific Plan zoning and design criteria, or the Specific Plan may refer to citywide zoning districts and citywide objective design standards. The Ascent Team will work with the city to confirm approach and coordinate based on the status of other city efforts.
Financing Strategy
BAE will identify potential funding sources for public improvements identified in the Plan Area (e.g., infrastructure and community facilities) and prepare a funding source matrix that identifies one or more potential funding sources for each category of improvements. BAE will also identify actions that the City should implement or coordinate to execute the financing strategy. For example, this may include, but shall not be limited to, actions such as adoption of a Plan Area public improvements fee; establishment of a financing district; establishing policies for reimbursement agreements for developers who install infrastructure that is more than necessary to serve their own properties, etc. Ascent and City staff will provide BAE with a listing of public improvements identified in the Plan, grouped by type of improvement (e.g., utilities, roads/complete streets, public facilities).
Mobility Element
Ascent, in coordination with Fehr & Peers, will prepare an Mobility Element that identifies the multimodal network plan and framework and presents the complete street design concepts for key corridors within the Plan Area. The multimodal network will be designed to coordinate with the City’s Active Transportation Plan.
Public Infrastructure and Utilities
BKF will review any proposed changes to the plan boundary along with any proposed land use updates.
They will assist with identifying any critical utility/ roadway constraints and identify infrastructure improvements that should be anticipated based on change of land use or increased density.
BKF will provide exhibits for each system to be incorporated into the Specific Plan graphics. The analysis of each system will include infrastructure phasing for near-term development projections and longer-term (2040) Specific Plan horizons. BKF will provide order of magnitude cost for backbone infrastructure improvements per focus area.
Note: Formal modeling is not included in this proposal and can be provided as an additional service.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 250
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 4.2 Deliverables: Administrative Draft Plan (1 Draft)
Task 4.3: Revised Draft Plan
Ascent will prepare a second draft of the document that incorporates City comments. This version is assumed to be approximately 90 percent complete toward a public draft.
Task 4.3 Deliverables: Revised Draft Plan (1 Draft)
Task 4.4: Prepare Screencheck & Public Draft Plan
Ascent will prepare a Screencheck Public Draft for city review, prior to issuing the Public Draft Plan for public review and circulation. A small budget for minor revisions is assumed for corrections between the Screencheck and Public Draft.
Task 4.4 Deliverables:
• Screencheck Draft Plan (1 Draft)
• Public Draft Plan (1 Draft)
Task 5 – Environmental Evaluation
As noted above, the City recently adopted a new General Plan that includes a Program EIR that provides an initial evaluation of the environmental effects of the establishment of the Specific Plan. The Ascent Team approach will be to leverage the analysis in the General Plan EIR to streamline the preparation of this EIR to only focus on environmental issues that are peculiar to the Specific Plan, consistent with State CEQA Guidelines Section 15183.
The Ascent Team approach would also include development of an environmental checklist for use on subsequent development applications to determine the appropriate exemption or environmental review streamlining process to be used consistent with State CEQA Guidelines Section 15168 and 15182.
Task 5.1: Initiation of the Environmental Review
The Ascent environmental team will monitor development of the Specific Plan under Task 4 and will provide input on policy provisions that would improve environmental streamlining for subsequent development projects in the Specific Plan area. The Ascent Team will conduct a meeting with City staff to discuss the type of EIR to be prepared in relation to the General Plan EIR (e.g., Subsequent EIR or Supplemental EIR) as the Specific Plan is an implementation of the General Plan. The Ascent Team will also provide electronic form letters for tribal consultation as required under Senate Bill 18 and Assembly Bill 52 for the City to distribute.
Task 5.2: Prepare Notice of Preparation & Scoping Meeting Ascent will prepare an electronic draft in Word of the Notice of Preparation (NOP) for the Specific Plan that will summarize key environmental issues to be addressed in the EIR. Upon receiving comments on the draft NOP from the City, the Ascent Team will prepare the public version of the NOP for City distribution. The Ascent Team will submit the NOP to the State Clearinghouse electronically on behalf of the City with the Notice of Completion.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 251
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Ascent will participate in the NOP scoping meeting that will consist of preparation of a PowerPoint presentation and assistance in the presentation of the project and anticipated environmental issues at the meeting. Ascent will also take meeting notes and provide a summary of NOP and scoping meeting comments.
Task 5.2 Deliverables: Notice of Preparation and Scoping Meeting Summaries
Task 5.3: Administrative Draft EIR
Ascent will prepare an electronic version (in Word) of the Administrative Draft EIR, in accordance with CEQA and the State CEQA Guidelines. For those resources that would not be affected by the Specific Plan or were adequately addressed in the General Plan EIR, the EIR will provide the rationale as to why no impact would occur and note that the issue is not discussed further in the EIR. These environmental issue areas are anticipated to include, but are not limited to, the following:
• Agriculture and Forestry Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Mineral Resources
• Wildfires
The EIR will adhere to all CEQA requirements and is anticipated to focus on resource categories for which significant impacts could occur. The EIR will include the following chapters:
• Introduction – The Introduction will describe the purpose of the EIR and will outline the EIR contents. • Executive Summary – The Executive Summary will provide an overview of the project, alternatives evaluated, areas of controversy and issues to be resolved, and project impacts and mitigation measures. • Project Description – The Project Description will provide a complete description of the Specific Plan, including anticipated infrastructure and transportation improvements and amendments to the City’s General Plan (if required). Project objectives will also be identified. • Environmental Setting, Impacts, and Mitigation Measures – Each environmental resource section will include a description of the environmental setting (i.e., the baseline environmental conditions), regulatory setting (i.e., federal, state, and local regulations), criteria used to determine the significance of impacts, analysis methodology and assumptions, and detailed discussion of the potential environmental effects of the project. Impact conclusions will be based on substantial evidence, and mitigation measures will be recommended for significant or potentially significant impacts. References will be provided as necessary to the supporting technical studies, which will be included as appendices to the EIR. The EIR will focus on the following environmental issues:
o Aesthetics – The aesthetics analysis will evaluate how implementation of the Specific Plan could alter the visual character of the area. Included would be photo documentation and an analysis of anticipated changes in building height and massing as compared to existing conditions. o Air Quality – The air quality analysis will focus on project-specific construction and operational impacts as compared to the build-out analysis in the General Plan EIR. The analysis will review and utilize (as appropriate) the Bay Area Air Quality Management District’s Thresholds of Significance under its CEQA Guidelines. The impact analysis will address whether the project would result in exacerbation of any existing toxic air contaminant concentrations that could result in greater health impacts than current conditions.
o Biological Resources – The plan area is developed and lacks natural habitat conditions to support substantial plant and wildlife species. However, trees in the project area could be designated as protected under Section X-2-7.01 of the City Code of Ordinances as well as support special-status DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 252
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
raptor and migratory bird species. The analysis will focus on existing habitat conditions in the project area and the potential for the project to impact special-status species. o Cultural and Tribal Cultural Resources – The project will trigger tribal consultation under Senate Bill 18 and Assembly Bill 52 regarding the potential to impact tribal cultural resources. The analysis will also consider whether any potentially significant historic structures may exist in the plan area.
o Energy – The EIR will estimate existing energy demands (building and mobile) in the plan area and will identify changes in energy demand from development under the Specific Plan. The analysis will factor in any proposed energy efficiency or renewable energy use that is included in the updated Specific Plan. Impacts
o will be assessed based on State CEQA Guidelines Appendix G, analyzing whether the project may result in wasteful, inefficient, or unnecessary consumption of energy or conflict with a plan for renewable energy or energy efficiency.
o Greenhouse Gas and Climate Change – The greenhouse gas (GHG) analysis will quantify the GHG emissions of the project and identify the Specific Plan’s proposed GHG emission reduction measures. The analysis will also address the plan’s consistency with the City’s Climate Action Plan and the anticipated update to the CAP.
o Land Use and Planning – The EIR will evaluate the Specific Plan’s compatibility with existing land uses and development patterns and evaluate the proposed plan’s consistency with other adopted City plans and policies. The analysis will identify whether the project would result in the physical division of an established community.
o Noise – The noise analysis will evaluate potential noise and vibration impacts and will evaluate whether increases in traffic volumes would create new noise impacts not previously addressed in the General Plan EIR.
o Population and Housing – The EIR will evaluate whether the Specific Plan would result in a substantial increase in population and employment (beyond the General Plan growth projections) and whether the project could displace residences.
o Public Services – The analysis will evaluate whether implementation of the Specific Plan would create new public service demands (fire, law enforcement, parks, schools) that would require the construction of new facilities which could trigger environmental impacts. o Transportation–The EIR will summarize the results of the Specific Plan transportation analysis that will focus on changes in vehicle miles traveled, multimodal operations, transportation safety, and conflicts with pedestrian, bicycle, and transit services. Fehr & Peers will conduct the transportation analysis for the Specific Plan EIR to provide traffic operations information to the City and an assessment of the Plan’s impacts with respect to the four CEQA Guidelines Appendix G Checklist criteria. The Ascent Team will incorporate City General Plan policies and design requirements into the evaluation of criteria 1A, 3C and 4D. For Criteria 2B, The Ascent Team will conduct a baseline VMT screening, and prepare a more complete VMT analysis evaluating the direct, indirect and cumulative effects of the project using project generated VMT and boundary VMT within a specific geographic area (for example, Santa Clara County, or the nine- county Bay Area). The methodology and significance thresholds will be discussed with City staff prior to proceeding with this analysis and will be consistent with the City’s VMT analysis methodology and thresholds (currently under development) to the extent they are applicable to this large, mixed-use development area. As an optional task, Fehr & Peers will prepare a Local Transportation Analysis (LTA) to provide traffic operations information to VTA (in keeping with the VTA Transportation Impact Analysis Guidelines) For the LTA, The Ascent Team will provide the intersection, roadway, freeway analysis as indicated by the VTA Transportation Impact Analysis Guidelines. For purposes of budget preparation, it is assumed that up to 20 freeway segments, 10 ramps, and 10 intersections will be analyzed.
Fehr & Peers will also provide some assistance to the team in responding to transportation related public comments on the Draft EIR.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 253
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
o Utilities and Services – The results of the utility analysis prepared by BKF will be summarized.
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he analysis will address water, wastewater, and storm drainage infrastructure and whether any improvements would be required to support the additional development potential.
Other CEQA Sections – CEQA has very specific requirements for the contents of an EIR. Ascent will provide the City with a complete EIR, containing all sections required by CEQA, including the following:
• Alternatives: Up to three alternatives, including the no-project alternative, will be evaluated in the EIR.
The alternatives will be analyzed at a comparative level of detail, less than that of the proposed project but sufficient to allow a comparison of impacts.
• S
ignificant Environmental Effects Which Cannot Be Avoided: This section will clearly and succinctly su
mmarize significant and unavoidable environmental effects of the proposed project and alternatives as ev
aluated in the EIR.
• Growth-Inducing Impacts of the Proposed Project: This section will qualitatively evaluate the project’s pot
ential to induce growth and subsequent environmental impacts that would occur. • S
ignificant Irreversible Environmental Changes: This section will address environmental changes that would occur as a result of implementation of the updated Moffett Park Specific Plan. • C
umulative Impacts: Ascent will evaluate the impacts of cumulative development and activities on all the r
esource issues evaluated in the EIR. Ascent will work closely with City staff to establish the cumulative setting, which involves identification of reasonably foreseeable projects and activities in the region and an accurate list of cumulative projects (proposed, approved, under construction) .
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he EIR will include visual aids, such as maps and diagrams, to clearly present the environmental analysis to decision-makers, responsible agencies, and the public. The executive summary will include a summary table of all impacts and mitigation measures identified in the EIR. An impact comparison table of the alternatives will also be provided.
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s part of preparation of the Administrative Draft EIR, Ascent will compile an electronic copy of all cited literature, studies, personal communications, and reference materials used in the preparation of the EIR.
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ask 5.3 Deliverables: Administrative Draft EIR
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ask 5.4: Public Draft EIR
Based on comments from City staff on the Administrative Draft EIR, Ascent will prepare a print-check Draft EIR in electronic form (in Word) for City review. This scope of work assumes that comments will not require analysis of new issues or substantially revised analysis of issues already addressed in the administrative draft.
B
ased on comments from City staff on the print-check Draft EIR, Ascent will prepare a public Draft EIR in electronic format (Word and PDF) for the City to release. This scope of work assumes that comments will not require analysis of new issues or substantially revised analysis of issues already addressed in the print-check document. The Ascent Team will also prepare the Notice of Availability and will submit the Draft EIR electronically to the State Clearinghouse on behalf of the City. The Ascent Team will also attend the public meeting to receive comments on the Draft EIR.
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ask 5.4 Deliverables: Print Check and Public Draft EIR (including Notice of Completion) DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 254
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 5.5: Final EIR
Ascent will coordinate with City staff, who will assemble public and agency comments received on the Final EIR. Responses to these comments will be prepared and presented in a format to accompany the document. The responses are assumed to require only clarification and/or explanation of the conclusions in the Draft EIR without the need to revise analysis, elaborate substantially, or add new issues or alternatives. Ascent will provide an electronic version (in Word) of the administrative draft Final EIR for City review. Upon receiving comments on the administrative draft Final EIR from the City, Ascent will generate a print-check copy of the Final EIR in an electronic version (in Word) for final City review. The Ascent Team will revise the document and generate the Final EIR (Word and PDF) for City distribution.
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ask 5.5 Deliverables: Administrative Draft Final, Print Check Final, and Final EIR (including Notice of Determination)
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ask 5.6: CEQA Findings
In coordination with City staff, Ascent will prepare CEQA Findings of Fact (Findings) and, if necessary, a Statement of Overriding Considerations for the City’s use. The Findings will specify mitigation measures incorporated into the project and will explain why other measures, if any, have been found to be infeasible. If applicable, the Findings will also identify feasible project alternatives that could reduce adverse environmental effects but are not being implemented, with an explanation as to why they are infeasible. Ascent will prepare an administrative draft of the Findings and will submit (electronically in Word) to the City for review and comment. Once comments are received, Ascent will incorporate comments and deliver an electronic file of the final Findings to the City.
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ask 5.6 Deliverables: CEQA Findings of Fact / Statement of Overriding Considerations T
ask 5.7: Mitigation Monitoring & Reporting Program & Environmental Checklist for Subsequent Projects
A draft and final mitigation monitoring and reporting program (MMRP) will be prepared electronically (Word). The MMRP will include all mitigation measures in the EIR and will identify timing, responsible party, performance standards, etc. As part of this work effort, The Ascent Team will develop an Environmental Checklist template that can be used by City staff for streamlining environmental review or identification of exemptions for subsequent projects in the Specific Plan area. This checklist would be combined with the city’s future CAP consistency checklist.
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ask 5.7 Deliverables:
• Mitigation Monitoring and Reporting Program
• Environmental Checklist and CAP Consistency Checklist for Subsequent Projects Task 6 – Plan Adoption
T
ask 6.1: Support Planning Commission & City Council Hearings The Ascent Team will provide support for the Planning Commission and City Council study adoption hearings. The Ascent Team will prepare a PowerPoint presentation for each meeting and be available to address questions from the Planning Commission or City Council. The Ascent Team assume city staff will prepare the staff reports and noticing for the meetings.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 255
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Task 6.1 Deliverables: Commission and Council Materials T
ask 6.2: Prepare Final Specific Plan
Ascent will prepare the Final Specific Plan, incorporating public and City comments following the public review process.
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ask 6.2 Deliverables: Final Specific Plan (1 Draft)
Task 7 – Project Management & Team Meetings
Ascent will coordinate all aspects of the project to ensure that the schedule is achieved, and high-quality products are delivered. Ascent will prepare and submit monthly invoices and progress reports. Ascent will facilitate biweekly project coordination meetings of conference calls.
A
scent assumes that the project will include regular project meetings, the majority of which will be con- ducted via Zoom or Microsoft Teams conference calls. The Ascent Team assume these meetings are conducted biweekly on average with some periods that may require less and other periods that may require more frequent communication. For the purposes of this assignment, The Ascent Team will assume up to 30 staff meetings/calls over the duration of the project, as well as additional time for project invoicing and general coordination. Ascent will provide brief summary notes with action items following each biweekly meeting or call.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 256
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
Annex II
Project Schedule, Budget and Payment
F
IRM-FIXED PAYMENT
P
ayment to City of Milpitas shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Annex I:
DELIVERABLE TOTAL
COST
RECIPIENT
MATCH
PDA
GRANT DUE DATE
Task 1 – Plan Boundaries, Data Gathering, & Assessments
1.1 Kick-Off Meeting & Site Tour $11,055 $4,851 $6,204 3/4/2022 Deliverables: Kick-Off Meeting Materials & Meeting Summary
1.2 Material Review & Preliminary Mapping $5,850 $2,567 $3,283 3/11/2022 Deliverables: Preliminary Mapping Database
1.3 Existing Conditions Assessment
$88,250 $38,727 $49,523 3/11/2022
Deliverables:
• Land Use, Zoning, & Urban Form Analysis
• Market Analysis
• Affordable Housing, Equity, & Community Benefits Analysis • Transportation & Circulation Analysis
• Public Utilities & Infrastructure Analysis
• Resilience & Climate Adaptation Assessment
• Brief Graphic PowerPoint
Task 2 – Public Outreach & Engagement
2.1 Community Engagement Strategy $5,550 $2,435 $3,115 3/4/2022 Deliverables: Community Engagement Strategy
2.2 Project Branding & Communication Materials $9,320 $4,090 $5,230 3/4/2022 Deliverables: Project Branding & Communication Materials
2.3 Project Website $2,760 $1,211 $1,549 3/4/2022 Deliverables: Project Website DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 257
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
2.4 Stakeholder Interviews $6,340 $2,782 $3,558 4/18/2022 Deliverables: Stakeholder Interview Summaries
2.5 Community Workshops $34,020 $14,929 $19,091 6/27/2022 Deliverables: Community Workshop Materials & Meeting Summaries
2.6 Pop-Up Events $11,015 $4,834 $6,181 3/28/2022 Deliverables: Pop-Up Event Summaries
2.7 Community Open House $8,660 $3,800 $4,860 12/19/2022 Deliverables: Community Open House Materials & Meeting Summary
2.8 Meet with Technical Advisory Committee $22,720 $9,970 $12,750 9/26/2022 Deliverables: TAC Materials & Meeting Summaries
2.9 Support Commission & City Council Study Sessions $58,980 $25,882 $33,098 9/26/2022 Deliverables: Commission & Council Materials & Meeting Summaries Task 3 – Visioning, Scenario Planning, & Preferred Plan
3.1 Initial Visioning
$18,668 $8,192 $10,476 4/1/2022 Deliverables:
• Brainstorming Session Presentation Materials
• Draft Vision Memo
3.2 Scenario Planning
$19,985 $8,770 $11,215 4/11/2022 Deliverables: Summary of Scenario Planning for 3 Development Framework Options
3.3 Preferred Draft Plan & Strategies for Incorporation into the Plan $187,825 $82,423 $105,402 6/13/2022
Deliverables:
• Preferred Draft Plan
• Strategies Summary for Economic Development & Retail
• SPAR Funding
• Mobility & Circulation
• Public Realm Improvements, Placemaking, & Branding
Task 4 – Specific Plan Drafting
4.1 Outline & Mock-Up $3,580 $1,571 $2,009 6/27/2022 Deliverables: Outline & Mock-Up
4.2 Administrative Draft Plan $96,807 $42,482 $54,325 8/29/2022 Deliverables: Administrative Draft Plan DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 258
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
4.3 Revised Draft Plan $25,075 $11,004 $14,071 10/24/2022 Deliverables: Revised Draft Plan
4.4 Prepare Screencheck & Public Draft Plan
$16,080 $7,056 $9,024 12/12/2022
Deliverables:
• Screencheck Draft Plan
• Public Draft Plan
Task 5 – Environmental Evaluation
5.1 Initiation of the Environmental Review $840 $369 $471 6/20/2022
5.2 Prepare Notice of Preparation & Scoping Meeting $4,900 $2,150 $2,750 7/18/2022 Deliverables: Notice of Preparation & Scoping Meeting Summaries
5.3 Administrative Draft EIR $131,520 $57,715 $73,805 10/3/2022 Deliverables: Administrative Draft EIR
5.4 Public Draft EIR
$23,600 $10,356 $13,244 12/12/2022 Deliverables: Print Check & Public Draft EIR (including Notice of Completion)
5.5 Final EIR
$25,990 $11,405 $14,585 2/13/2023 Deliverables: Administrative Draft Final, Print Check Final, & Final EIR (including Notice of Determination)
5.6 CEQA Findings
$4,740 $2,080 $2,660 2/13/2023 Deliverables: CEQA Findings of Fact / Statement of Overriding Considerations
5.7 Mitigation Monitoring & Reporting Program & Environmental Checklist for Subsequent Projects
$6,040 $2,651 $3,389 2/13/2023 Deliverables:
• Mitigation Monitoring & Reporting Program
• Environmental Checklist & CAP Consistency Checklist for Subsequent Projects
Task 6 – Plan Adoption
6.1 Support Planning Commission & City Council Hearings $23,425 $10,280 $13,145 4/10/2023 Deliverables: Commission & Council Materials
6.2 Prepare Final Specific Plan $9,120 $4,002 $5,118 2/13/2023 DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 259
Item # C10.
MTC/ City of Milpitas
MFA Milpitas Gateway/ Main St. Specific Plan
Supplement 1
C
ity of Milpitas shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone.
Deliverables: Final Specific Plan
Task 7 – Project Management & Team Meetings
7.1 Project Management & Team Meetings $28,278 $12,409 $15,869 4/10/2023 TOTAL $890,993 $390,993 $500,000
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 260
Item # C10.
AT
TACHMENT 1
MTC Resolution 4202, Revised 05/26/21-C
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 261
Item # C10.
Date: November 18, 2015
W.I.: 1512
Referred by: PAC
Revised: 07/27/16-C 10/26/16-C 12/21/16-C
03/22/17-C 04/26/17-C 05/24/17-C
06/28/17-C 07/26/17-C 09/27/17-C
10/25/17-C 11/15/17-C 12/20-17-C
01/24/18-C 02/28/18-C 03/28/18-C
04/25/18-C 05/23/18-C 06/27/18-C
07/25/18-C 09/26/18-C 11/28/18-C
12/19/18-C 01/23/19-C 02/27/19-C
03/27/19-C 06/26/19-C 07/24/19-C
09/25/19-C 10/23/19-C 11/20/19-C
02/26/20-C 05/27/20-C 07/22/20-C
09/23/20-C 11/20/20-C 01/27/21-C
02/24/21-C 04/28/21-C 05/26/21-C
ABSTRACT
Resolution No. 4202, Revised
Adoption of the project selection policies and project programming for the second round of the One Bay Area Grant program (OBAG 2). The project selection criteria and programming policy contain the project categories that are to be funded with various fund sources including federal surface transportation act funding available to MTC for its programming discretion to be included in the federal Transportation Improvement Program (TIP) for the OBAG 2 funding period.
The resolution includes the following attachments:
Attachment A – OBAG 2 Project Selection Criteria and Programming Policy Attachment B-1 – OBAG 2 Regional Program Project List
Attachment B-2 – OBAG 2 County Program Project List
On July 27, 2016, Attachment A, and Attachments B-1 and B-2 were revised to add additional funding and projects to the OBAG 2 framework, including $72 million in additional Fixing America’s Surface Transportation Act (FAST) funding, and to incorporate housing-related policies.
On October 26, 2016, Attachment A, and Attachment B-1 were revised to clarify language related to the North Bay Priority Conservation Area (PCA) Program in Attachment A and to deprogram $2,500,000 from the Water Emergency Transportation Authority (WETA) Ferry Service Enhancement Pilot within the Regional Active Operational Management Program.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 262
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
On December 21, 2016, Attachments B-1 and B-2 were revised to redirect $417,000 in un- programmed balances from the Regional Active Operational Management program to MTC’s Spare the Air Youth within the Climate Initiatives Program; divide MTC’s Rideshare Program into three subcomponents totaling $10,000,000: $720,000 for Rideshare Implementation, $7,280,000 for the Carpool Program, and $2,000,000 for the Vanpool Program; direct $1,785,000 from 511 Next Gen to the Commuter Benefits program; direct $1,000,000 in un-programmed balances to SMART’s Multi-Use Pathway; transfer $1,000,000 from MTC’s Casual Carpool project to MTC’s Eastbay Commuter Parking project within the Bay Bridge Forward program, as the former will be funded with non-federal funds; transfer $500,000 from the Freeway Performance Initiative program and $500,000 in un-programmed balances to US 101/Marin Sonoma Narrow’s B2 Phase 2 project in the Regional Active Operational Management Program; shift $40,000,000 from the BART Car Replacement/Expansion project to the Golden Gate Bridge Suicide Deterrent project and $13 million from MTC’s Clipper project to un-programmed balances within the Transit Priorities program as part of a RM2 funding action to address a cost increase on the Golden Gate Bridge Suicide Deterrent project; and program $5,990,000 to Alameda County’s Safe Routes to School Program in the County Program.
On March 22, 2017, Attachment B-1 was revised to program $17,000,000 in un-programmed balances within the Regional Transit Priorities Program to MTC’s Clipper Program, as part of the FY17 Transit Capital Priorities program.
On April 26, 2017, Attachment B-2 was revised to program $1,655,000 to the Sonoma Safe Routes to School program; and redirect $1,000 from Contra Costa Transportation Authority’s Planning Activities Base to its discretionary balance and $1,000 from San Francisco County Transportation Authority’s Planning Activities Base to its discretionary balance to address an inconsistency between amounts programmed to planning activities in Appendix A-3 and reflect actual amounts obligated for planning.
On May 24, 2017, Attachment B-1 was revised to redirect $1,237,000 from 511 Next Gen to AOM Implementation within the Regional Active Operational Management program to reflect re- organization of staff between program elements; direct $18,000,000 in Arterial/Transit Performance to the Program for Arterial System Synchronization ($5,000,000) and the Next Gen Arterial Operations Program ($13,000,000) within the Regional Active Operational Management program; direct $19,000,000 from the Transportation Management System (TMS) Field Equipment Devices Operations and Maintenance to TMS Implementation ($2,910,000), Performance-Based Intelligent DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 263
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
Transportation Systems Device Maintenance and Rehabilitation ($5,940,000), Transportation Management Center Asset Upgrade and Replacement ($4,000,000), I-880 Communication Upgrade and Infrastructure Gap Closures ($4,000,000) and a Detection Technology Pilot ($5,000,000) within the Regional Active Operational Management program; and remove $290,556 in un-programmed balances from the Regional Active Operational Management program to address over-programming in a previous cycles of the STP/CMAQ regional programs.
On June 28, 2017, Attachments B-1 and B-2 were revised to reprogram $1,000,000 from the SMART Pathway – 2
nd to Andersen to San Rafael’s Grand Ave Bike/Pedestrian Improvements within the Regional Climate Initiatives program as part of a funding exchange within the City of San Rafael, conditioned on San Rafael committing $1 million in non-federal funds to the construction of the pathway, and a resolution of local support for the use of federal funds on the Grand Ave project, and TAM approval of the redirection of local measure funds between the projects; split out $8,729,000 from the 511 Next Gen program to 511 Implementation within the Regional Active Operational Management program; program $1,250,000 to Golden Gate Bridge Highway and Transportation District for the Bettini Transit Center as part of the Marin County Program; and program $2,617,000 within the San Mateo County Program to the San Mateo County Office of Education for the SRTS program, including $223,000 in supplemental funds from San Mateo’s discretionary balance.
On July 26, 2017, Attachment B-1 was revised to program $12,000,000 to the US 101 Marin Sonoma Narrows project as part of a fund exchange agreement with Sonoma County Transportation Authority; $11,000,000 in exchange funds are added to the program for tracking purposes, with the final $1 million in exchange funds to be identified through a future Commission action.
On September 27, 2017, Attachment B-1 was revised to change the name of the Next Gen Arterial Operations Program (NGAOP) to Innovative Deployment for Enhanced Arterials (IDEA) to reflect program rebranding and additional focus on advanced technologies; program $4,160,000 to Incident Management Implementation and $8,840,000 to I-880 Integrated Corridor Mobility project within the Regional Active Operational Management program; split out the Connected Vehicles/Shared Mobility program into the Connected Vehicles/Automated Vehicles program for $2,500,000 and the Shared Use Mobility program for $2,500,000; and program $16,000,000 for three corridors within the Freeway Performance Program, with $8,000,000 for I- 680, $3,000,000 for I-880, and $5,000,000 for SR-84.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 264
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
On October 25, 2017, Attachment B-1 was revised to program $10,000,000 to the Bay Area Air Quality Management District for the Spare the Air program, in lieu of the Electric Vehicle Programs within the Regional Climate Initiatives Program, conditioned on the Air District contribution of an additional $10 million to advance implementation of electric vehicles within the region.
On November 15, 2017, Attachment B-2 was revised to program $200,000 in the Alameda County Program to the I-580 Corridor Study, to support a joint corridor study between Alameda County Transportation Commission (ACTC) and MTC; $122,000 within the Napa County Program to Napa Valley Transportation Authority (NVTA) for the Napa County Safe Routes to School (SRTS) Program; and $300,000 within the Contra Costa County Program to San Ramon for the San Ramon Valley Street Smarts Program.
On December 20, 2017, Attachments A, Appendix A-3, B-1, and B-2 were revised to program $334 million in the County Program to local and county projects recommended by the nine Congestion Management Agencies (CMAs); redirect $10,248,000 from BART Car Replacement/Expansion to Clipper within the Regional Transit Priorities Program; revise the CMA Planning Activities funding amounts to reflect the supplementary funds requested by several CMAs through their County Programs; and clarify the program details for the Local Housing Production Incentive program (also known as the 80K by 2020 Challenge Grant).
On January 24, 2018, Attachment B-1 was revised to redirect $4,100,000 from Performance- Based ITS Device Maintenance and Rehabilitation to I-880 Communication Upgrade and Infrastructure Gap Closures, within the Transportation Management System program.
On February 28, 2018, Attachments B-1 and B-2 were revised to program $13 million in Innovative Deployments to Enhance Arterials (IDEA) program grants within the Regional Active Operational Management Program; redirect $822,000 within Contra Costa County’s Safe Routes to School Program (SRTS) for future SRTS projects; program $2,813,000 to San Francisco SRTS Non-Infrastructure Program within the San Francisco County Program; and clarify MTC exchange fund projects.
On March 28, 2018, Attachment B-1 was revised to distribute the $1.5 million Community- Based Transportation Planning Program among the nine county Congestion Management Areas DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 265
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
(CMAs); clarify the limits of three Freeway Performance Program projects within the Regional Active Operational Management Program; and reflect the programming of $30,000 in MTC exchange funds for Bay Area Greenprint Functionality Improvements, as part of the PCA program.
On April 25, 2018, Attachment B-1 was revised to program $8,200,000 in Priority Conservation Area (PCA) grants within the North Bay PCA Program; $3,400,000 to Sonoma County Transportation Authority (SCTA) for the Marin Sonoma Narrows B2 Phase 2 project, as part of an exchange agreement in which an equal amount of SCTA’s future Regional Transportation Improvement Program (RTIP) funds will be programmed at MTC’s discretion; $7,288,000 in PDA Planning and Implementation grants; and $500,000 to MTC for PDA Implementation.
On May 23, 2018, Attachments B-1 and B-2 were revised to change the project sponsor from MTC to VTA for the IDEA Program project at the Veteran’s Administration Palo Alto Medical Center; redirect funds within the Santa Clara County OBAG 2 County Program to reduce San Jose’s West San Carlos Urban Village Streetscape Improvements by $2,050,000, redirecting $1,000,000 from the project to Santa Clara’s Saratoga Creek Trail Phase 1 and $1,050,000 to Saratoga’s Prospect Rd Complete Streets project; and direct an additional an additional $25,000 in unprogrammed balances within Santa Clara County OBAG 2 County Program to Saratoga’s Prospect Rd Complete Streets project.
On June 27, 2018, Attachments B-1 and B-2 were revised to program $800,000 to MTC’s Carsharing Implementation and $325,000 to Targeted Transportation Alternatives within the Climate Initiatives Program; redirect from MTC’s 511 NextGen program $8,271,000 to 511 Implementation, $2,000,000 to Contra Costa Transportation Authority’s (CCTA’s) I-80 Central Ave Interchange Improvements project, and $380,000 to an unprogrammed balance within the Regional Active Operational Management program; clarify the scope of MTC’s Freeway Performance Program I-880 to reflect the project limits of I-80 to I-280; and redirect $1,394,000 from Vallejo’s Local Streets Rehabilitation project to Fairfield’s Heart of Fairfield project within the Solano County Program.
On July 25, 2018, Attachment B-1 was revised to program $1,600,000 to Santa Clara Valley Transportation Authority (VTA) for the SR 85 Transit Guideway Study as part of a fund exchange agreement; remove Rohnert Park’s $65,000 Central Rohnert Park PDA/Creekside Neighborhood Subarea Connector Path Technical Assistance grant from the Regional PDA DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 266
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
Planning Grant program as it will be funded through a prior cycle; reduce the funding for Windsor’s PDA Planning and Implementation Staffing Assistance grant by $85,000 as this project will receive an equivalent amount of funds through a prior cycle; a total of $150,000 balance created by these two revisions was returned to the Regional PDA Planning Grant Program un-programmed balance.
On September 12, 2018, Attachments B-1 and B-2 were revised to program $3,000,000 within the Freeway Performance Program to the US 101 corridor in San Mateo and Santa Clara counties; direct an additional $6,000,000 within the Freeway Performance Program to the I-680 corridor within Contra Costa County, $4,000,000 of which is part of an exchange agreement with Contra Costa Transportation Authority (CCTA); redirect $15,000 within the Innovative Deployment for Enhanced Arterials (IDEA) program from IDEA Technical Assistance to VTA’s IDEA grant at the Veterans Affairs Palo Alto Medical Center; redirect $48,000 from MTC’s Clipper to the BART Car Replacement/Expansion project within the Transit Priorities program to reflect program amounts previously adopted through the Transit Capital Priorities (TCP) program; revise the amount programmed to VTA’s SR 85 Transit Guideway Study within Regional Strategic Initiatives to $1,200,000 to reflect amount previously approved; redirect $1,214,000 from Berkeley’s North Shattuck Avenue Rehabilitation project to its Southside Complete Streets and Transit Improvements project within the Alameda County Program; from Sunnyvale’s East Sunnyvale Area Sense of Place Improvements, redirect $1,000,000 to Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements and $1,140,000 to the Safe Routes to School program balance within the Santa Clara County Program; and program $4,500,000 available from a previous funding cycle to the following projects within Regional Strategic Initiatives: $617,000 to Novato’s Pavement Rehabilitation (for Downtown Novato SMART Station) as part of a local funding exchange, $1,120,000 to the Transportation Authority of Marin (TAM) for the Old Redwood Highway Multi-Use Pathway project, $763,000 for San Rafael’s Grand Ave Bridge project, and $2,000,000 to TAM for the US 101 Marin Sonoma Narrows project.
On November 28, 2018, Attachment B-1 was revised to make adjustments related to the MTC/SCVTA Funding Exchange Agreement MTC Resolution No. 4356 and to the MTC/CCTA Funding Exchange Agreement MTC Resolution No. 4357, and to program $4,000,000 in MTC exchange funds in accordance with MTC Resolution 3989, to the following projects: $619,000 to CCTA for Innovative Deployment for Enhanced Arterials; $621,000 to the city of Walnut Creek for innovative Deployment for Enhanced Arterials; $500,000 to the city of Richmond for the DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 267
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
Richmond-San Rafael Bridge Bikeway Access; $1,160,000 to MTC for Richmond-San Rafael Bridge Forward; and $1,100,000 to MTC for Napa Valley Transportation Demand.
On December 19, 2018, Attachments B-1 and B-2 were revised to redirect $5,200,000 from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the I-880 ICM Northern Segment project within the Regional Active Operational Management Program; clarify the Diridon Integrated Station Area Concept Plan project within the Regional Priority Development Planning and Implementation Program to reference Santa Clara Valley Transportation Authority (VTA) as a project partner; within the Santa Clara County Program, redirect $794,000 in unprogrammed balances to Sunnyvale’s East Sunnyvale Sense of Place Improvements, clarify the remaining unprogrammed balance is discretionary, and clarify the division of funding for Santa Clara’s Saratoga Creek Trail Phase 1 project between the county’s Safe Routes to School program and its discretionary program.
On January 23, 2019, Attachment B-2 was revised to redirect $15,980,000 within the San Francisco County Program from the Better Market Street project to the Central Subway project.
On February 27, 2019, Attachment B-1 was revised to change the fund source of $3,779,849 programmed to the Golden Gate Bridge Suicide Deterrent in Surface Transportation Block Grant Program (STP) funds to federal Highway Infrastructure Program (STP Bump) funds provided in the Consolidated Appropriations Act, 2018. Of the $3,779,849 freed up by this swap, $1,000,000 is returned to the region’s STP/CMAQ balance to help address the CMAQ shortfall as a result of the region becoming attainment for carbon monoxide (CO) and therefore receiving less CMAQ funds which are distributed based on air quality status. The remaining $2,779,849 is held for future Commission action.
On March 27, 2019, Attachment A, Appendix A-8, Appendix A-10, and Attachment B-1 were revised to clarify provisions pertaining to the interim status report requirements for Priority Development Area (PDA) Investment & Growth Strategies; change the recipient of the Concord IDEA project from CCTA to the City of Concord and reduce the MTC Exchange funding from $619,000 to $589,000; and redirect the $30,000 in MTC Exchange funds to a new MTC-led Concord IDEA project.
On June 26, 2019, Attachment B-2 was revised to program $822,000 in unprogrammed Safe Routes to School Program (SRTS) balances within the Contra Costa County Program to six DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 268
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
existing projects; and to redirect $251,000 within the San Mateo County Program from Atherton’s Middlefield Road Class II Bike Lanes to its James Avenue Rehabilitation.
On July 24, 2019, Attachment A was revised to delegate authority to the Executive Director or designee to sign Letters of Understanding for the exchange of STP/CMAQ funds with other regions, within certain conditions and limitations, and to delegate to a Committee of the Commission the authority to approve exchanges beyond these conditions and limitations.
On September 25, 2019, Attachments B-1 and B-2 were revised to clarify that the $300,000 programmed to Alameda County Transportation Commission (ACTC) within the Community Based Transportation Plan (CBTP) Updates program will be directed to its Congestion Management Agency (CMA) Planning program as part of an internal fund exchange within ACTC; redirect $9.6 million from 511 Implementation to 511 Next Gen within the Bay Area 511 Traveler Information Program; within the Freeway Performance Program redirect $625,000 in from MTC’s SR 84 (US 101 to I-880) to the environmental phase of MTC’s I-580 WB HOV Lane Extension project and change the project sponsor of the I-80/Central Ave. Interchange Improvements project from the Contra Costa Transportation Authority (CCTA) to City of Richmond; within the Innovative Deployment to Enhance Arterials (IDEA) program, clarify that LAVTA is a partner agency for the Dublin Category 2 IDEA project; within the Transportation Management Systems (TMS) program, change the name of the overall program to Connected Bay Area, redirect $2 million from the Detection Technology Pilot project and $1.8 million from the Performance-Based ITS Device Maintenance and Rehabilitation project to provide an additional $3.8 million to the I-880 Communications Upgrade and Infrastructure Gap Closures project; within the Incident Management program, redirect $1 million from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the Northern Segment; within the San Francisco County program, redirect $3,366,000 from John Yehall Chin Elementary Safe Routes to School (SRTS) Improvement; and within the Santa Clara County program, redirect $1 million from Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements project to Cupertino’s McClellan Rd Separated Bike Lane project, and program $1,346,000 in unprogrammed discretionary balances to Campbell’s Harriet Ave Sidewalk project and Los Gatos Shannon Rd Complete Streets project.
On October 23, 2019, Attachment B-1 was revised to redirect $3 million from MTC’s Detection Technology Pilot project to establish the InterConnect Bay Area grant program within the Connected Bay Area program; direct $5 million ($4 million Solano County and $1 million other DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 269
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
North Bay counties) within the Housing Incentive Pool program to establish the Sub-HIP program, with specific projects to be recommended through future programming actions; and program $1 million to BART for AB2923 Implementation from unprogrammed balances within the PDA Planning & Implementation program.
On November 20, 2019, Attachments B-1 and B-2 were revised to program $6,023,000 in MTC exchange funds in accordance with MTC Resolution No. 3989 to 13 projects within the Priority Conservation Area (PCA) Grants program; and within the Contra Costa County program, redirect $1,025,000 from Brentwood’s Various Streets and Roads Preservation project to Pittsburg’s Pavement Improvements project, redirect $618,000 from San Pablo’s Market Street Pavement Rehabilitation project to Giant Road Pavement Rehabilitation project; and revise the name of Walnut Creek’s Ygnacio Valley Road Rehabilitation project to reflect the latest proposed scope of work.
On February 26, 2020, Attachments A, B-1, and B-2 were revised to program $1 million to MTC for SR 37 corridor planning in Marin, Napa, Solano, and Sonoma Counties and $3 million to MTC for I-80 corridor planning from the Carquinez Bridge to the San Francisco-Oakland Bay Bridge (SFOBB) Toll Plaza within the Freeway Performance Program; revise the name of the Concord Willow Pass Road Rehabilitation and Safe Routes to School project within the Contra Costa County Program to reflect the project’s current scope; and clarify language within the OBAG 2 Project Selection Criteria and Programming Policy to reflect the Commission adoption of Housing Incentive Pool (HIP) program guidelines, MTC Resolution No. 4348.
On May 27, 2020, Attachment B-1 was revised to clarify the scope of MTC’s Freeway Performance Program planning-only project on I-80 extends from Carquinez Bridge in Contra Costa to Fremont Street in San Francisco; change the sponsor for three projects within the Regional Priority Conservation Area (PCA) Grant program; and to redirect $104,000 in the North Bay Priority PCA Grant program from Novato’s Carmel Open Space Acquisition project to Novato’s Hill Area National Recreation Area, as the former project has been cancelled.
On July 22, 2020, Attachment B-1 was revised to program $5 million to five projects in Solano, Marin, Napa, and Sonoma Counties within the Housing Incentive Pool Pilot Program (Sub-HIP) and program $1 million to the Napa Valley Forward Traffic Calming and Multimodal Improvements project within the Freeway Performance Program (FPP); and incorporate $7,681,887 in federal Highway Infrastructure Program apportionment provided through the DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 270
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
Department of Transportation Appropriations Act, 2020 to the Golden Gate Bridge Suicide Deterrent.
On September 23, 2020, Attachment B-2 was revised to redirect $2,000,000 from Napa’s Silverado Trail Five-way Intersection Improvement project to Napa Valley Transportation Authority’s Vine Transit Bus Maintenance Facility within the Napa County Program, and $1,394,000 from Fairfield’s Heart of Fairfield Improvements to its Cadenasso Dr. repaving project within the Solano County Program.
On November 20, 2020, Attachment B-1 was revised to program $1,000,000 to SFCTA for the environmental phase of the Yerba Buena Island/Treasure Island Multi-Use Pathway project within the Priority Conservation Area (PCA) Grants program, with payback from BATA at a future date; $647,000 in MTC exchange funds in accordance with MTC Resolution No. 3989 to four projects within the Priority Conservation Area (PCA) Grants program; and to clarify the project sponsor of the Old Redwood Highway Multi-Use Pathway project as Larkspur, rather than the Transportation Authority of Marin (TAM).
On January 27, 2021, Attachments A and Attachment B-1 were revised, and Appendix A-11 was added, to incorporate additional funding into the OBAG 2 framework, including $52.9 million in STP/CMAQ program balances made available through FY2018-FY2020 appropriations of Federal Highway Infrastructure Program (FHIP) funds, and a $1.5 million balance redirected from the Cycle 1 STP/CMAQ Climate Initiatives program, as part of the Safe & Seamless Mobility Quick-Strike program.
On February 24, 2021, Attachment B-1 was revised to program a total of $7.91 million in Federal Highway Infrastructure Program (FHIP) funds provided in the Consolidated Appropriations Act, 2021, and project savings from previous STP/CMAQ cycles to the Golden Gate Bridge Highway and Transportation District (GGBHTD) for shareable costs of an increase to the Golden Gate Bridge Suicide Deterrent System. Because the final FFY 2021 FHIP amount is not yet available at the time of the Commission meeting, the final split between the two fund sources will be adjusted by staff as a technical change, with the total amount not to exceed $7.91 million.
On April 28, 2021, Attachment B-1 was revised to change the fund source of $13,942,852 from Federal Highway Infrastructure Program (FHIP) funds to Surface Transportation Block Grant DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 271
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
(STP) funds for the Gate Bridge Highway and Transportation District (GGBHTD) for the Golden Gate Bridge Suicide Deterrent System project; program $61,708,245 in STP/CMAQ funds, and $13,942,852 in FHIP funds redirected from the GGB suicide deterrent system, to the Transportation Authority of Marin (TAM) for the US-101 Marin-Sonoma Narrows Segment B7 project as part of the SB1/RMS alternative funding plan; and program $99,840,510 in STP/CMAQ funds to the Solano Transportation Authority (STA) for the Solano I-80 Express Lanes project as part of the SB1/RMS alternative funding plan. The programmed funding to TAM and STA serves as a loan to the project sponsors to permit the projects to move to construction while Regional Measure 3 funds are unavailable. The loaned funds shall be repaid to MTC as non-federal funds and will be subject to future OBAG programming.
On May 26, 2021, Attachment B-1 and Appendix A-11 were revised to program $34,593,076 in Federal Highway Infrastructure Program funds made available through federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) to augment the Regional Safe and Seamless Mobility Quick-Strike program framework; and to program $7,775,000 in Priority Development Area (PDA) Planning and Implementation grants and $87,000 in Regional PDA Supportive Studies within the Regional PDA Planning and Implementation program.
Further discussion of the project selection criteria and programming policy is contained in the memorandum to the Programming and Allocations Committee dated November 4, 2015, July 13, 2016, October 12, 2016, December 14, 2016, February 8, 2017 (action deferred to March 2017), March 8, 2017, April 12, 2017, May 10, 2017, June 14, 2017, July 12, 2017, September 13, 2017, October 11, 2017, November 8, 2017, December 13, 2017, January 10, 2018, February 14, 2018, March 7, 2018, and April 11, 2018; the Planning Committee dated April 6, 2018; and the Programming and Allocations Committee dated May 9, 2018, June 13, 2018, July 11, 2018, September 12, 2018, November 14, 2018, December 12, 2018, January 9, 2019, February 13, 2019, March 6, 2019, June 12, 2019, July 10, 2019, September 4, 2019, October 9, 2019, November 13, 2019, February 12, 2020, May 13, 2020, July 8, 2020, September 9 2020, November 4, 2020, January 13, 2021, February 10, 2021, April 14, 2021, and May 12, 2021; and the Planning Committee dated May 14, 2021.
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 272
Item # C10.
Date: November 18, 2015
W.I.: 1512
Referred By: Programming & Allocations
RE: One Bay Area Grant Program Second Round (OBAG 2) Project Selection Criteria and Programming Policy
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4202
WHEREAS, the Metropolitan Transportation Commission (MTC) is the Regional Transportation Planning Agency (RTPA) for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, MTC is the designated Metropolitan Planning Organization (MPO) for the nine- county San Francisco Bay Area region and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes federal funds; and
WHEREAS, MTC is the designated recipient for state and federal funding assigned to the RTPA/MPO of the San Francisco Bay Area for the programming of projects; and
WHEREAS, state and federal funds assigned for RTPA/MPO programming discretion are subject to availability and must be used within prescribed funding deadlines regardless of project readiness; and
WHEREAS, MTC, in cooperation with the Association of Bay Area Governments (ABAG), the Bay Area Air Quality Management District (BAAQMD), the Bay Conservation and Development Commission (BCDC), California Department of Transportation (Caltrans), Congestion Management Agencies (CMAs), county Transportation Authorities (TAs), transit operators, counties, cities, and interested stakeholders, has developed criteria, policies and procedures to be used in the selection of projects to be funded with various funding including regional federal funds as set forth in Attachments A, B-1 and B-2 of this Resolution, incorporated herein as though set forth at length; and
WHEREAS, using the policies set forth in Attachment A of this Resolution, MTC, in cooperation with the Bay Area Partnership and interested stakeholders, will develop a program of projects to be funded with these funds for inclusion in the federal TIP, as set forth in Attachments B-1 and B-2 of this Resolution, incorporated herein as though set forth at length; and
WHEREAS the federal TIP and subsequent TIP amendments and updates are subject to public review and comment; now therefore be it
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 273
Item # C10.
MTC Resolution 4202
RESOLVED that MTC approves the “Project Selection Criteria and Programming Policy” for projects to be funded in the OBAG 2 Program as set forth in Attachments A, B-i and B-2 of this Resolution; and be it further
RESOLVED that the regional discretionary funding shall be pooled and distributed on a regional basis for implementation of project selection criteria, policies, procedures and programming, consistent with the Regional Transportation Plan (RTP); and be it further RESOLVED that the projects will be included in the federal TIP subject to final federal approval and requirements; and be it further
RESOLVED that the Executive Director or designee may make technical adjustments and other non-substantial revisions, including updates to fund sources and distributions to reflect final funding criteria and availability; and be it further
RESOLVED that the Executive Director or designee is authorized to revise Attachments B-i and B-2 as necessary to reflect the programming of projects as the projects are selected, revised and included in the federal TIP; and be it further
RESOLVED that the Executive Director or designee shall make available a copy of this resolution, and attachements as may be required and appropriate.
The above resolution was entered into
by the Metropolitan Transportation
Commission at the regular meeting
of the Commission held in Oakland,
California, on November 18, 2015
METROPOLITAN TRANSPORTATION COMMISSION
Dave Cortese, Chair
DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 274
Item # C10.
Attachment B-1
MTC Resolution No. 4202
OBAG 2 Regional Programs
FY 2017-18 through FY 2021-22
April 2021
OBAG 2 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR STP CMAQ Total STP/CMAQ Other OBAG 2 REGIONAL PROGRAMS $484,059,423 $196,665,000 $680,724,423 $99,975,260
1. REGIONAL PLANNING ACTIVITIES STP CMAQ
Regional Planning MTC $9,555,000 $9,555,000
1. REGIONAL PLANNING ACTIVITIES TOTAL: $9,555,000 $9,555,000
2. PAVEMENT MANAGEMENT PROGRAM STP CMAQ
Pavement Management Program MTC $1,500,000 $1,500,000
Pavement Technical Advisory Program (PTAP) MTC $7,500,000 $7,500,000 Statewide Local Streets and Roads (LSR) Needs Assessment MTC/Caltrans $250,000 $250,000
2. PAVEMENT MANAGEMENT PROGRAM TOTAL: $9,250,000 $9,250,000
3. PDA PLANNING & IMPLEMENTATION STP CMAQ
PDA Planning and Implementation
PDA Implementation MTC $2,000,000 $2,000,000
PDA Supportive Studies MTC $587,000 $587,000
PDA Planning
Berkeley: San Pablo Avenue PDA Plan MTC $750,000 $750,000 Oakland: MacArthur Transit Village PDA; North Oakland/Golden Gate PDA Plan MTC $800,000 $800,000 Oakland: Eastmont Town Center/International Blvd; Fruitvale and Dimond; MacArthur Blvd Corridor; San A MTC $800,000 $800,000 Union City: Decoto Industrial Parkway Study Area Specific Plan 2.0 MTC $800,000 $800,000 El Cerrito: San Pablo Avenue Specific Plan and EIR Update/Amendments MTC $308,000 $308,000 Moraga: Moraga Center Specific Plan Implementation Project MTC $140,000 $140,000 Richmond: Hilltop PDA Plan MTC $750,000 $750,000
San Pablo: Rumrill Blvd PDA Plan MTC $250,000 $250,000
Marin County: Urbanized Corridor/Marin City PDA Plan MTC $300,000 $300,000 San Rafael: Downtown Precise Plan MTC $500,000 $500,000 San Francisco: HUB Area EIR MTC $500,000 $500,000
San Francisco: Transit Corridors Study MTC $500,000 $500,000 Burlingame: Broadway Planning Area PDA Plan MTC $400,000 $400,000 South San Francisco: Downtown Station Area PDA Plan MTC $500,000 $500,000 Cupertino: VTA Cores and Corridors PDA Plan MTC $400,000 $400,000 Milpitas: Midtown PDA Plan MTC $500,000 $500,000
Palo Alto: University Ave/Downtown PDA Plan MTC $800,000 $800,000 San Jose/VTA: Diridon Integrated Station Area Concept Plan MTC $800,000 $800,000 San Jose: SW Expressway/Race Street Light Rail Urban Village Plans MTC $500,000 $500,000 Santa Clara: Downtown PDA Plan MTC $400,000 $400,000
Vacaville: Downtown Specific Plan MTC $350,000 $350,000 Santa Rosa: Downtown Station Area Specific Plan Update/Amendment MTC $800,000 $800,000 Staffing Assistance
Emeryville: Mitigate Regulation-Induced Displacement, Streamlined Asset Mngmt MTC $180,000 $180,000 Fremont: SB743 Implementation MTC $150,000 $150,000
Hayward: SB743 Implementation MTC $150,000 $150,000
Oakland: ADU Initiative MTC $200,000 $200,000
Oakland: Innovative Construction Initiative MTC $200,000 $200,000 Concord: VMT-based Transportation Impact Standards MTC $150,000 $150,000 Concord: Galindo Street Corridor Plan MTC $200,000 $200,000 Lafayette: Updated Parking Ordinance and Strategies MTC $150,000 $150,000 San Jose: PDA/Citywide Design Guidelines MTC $200,000 $200,000 Windsor: Parking Management and Pricing MTC $35,000 $35,000 Technical Assistance
Marin/Sonoma VMT Implementation Group MTC $170,000 $170,000 Napa/Solano VMT Implementation Group MTC $170,000 $170,000 Various Jurisdictions: VMT Implementation Group MTC $140,000 $140,000 Emeryville: Developing the Highest and Best Use of the Public Curb MTC $65,000 $65,000 Hayward: Micro Mobility/Safety Program MTC $75,000 $75,000 Oakland: General Plan Framework - PDA Community Engagement Program MTC $65,000 $65,000 San Leandro: BayFair TOD Infrastructure Design/Finance MTC $150,000 $150,000 San Francisco: Mission-San Jose PDA Housing Feasibility Analysis MTC $65,000 $65,000 San Francisco: PDA Density Bonus Program MTC $65,000 $65,000 Belmont: Transportation Demand Management Program MTC $65,000 $65,000 San Mateo: TDM Ordinance MTC $150,000 $150,000
Santa Rosa/Sonoma County: Renewal Enterprise District MTC $150,000 $150,000 San Jose: Urban Villages District Parking & Rezoning MTC $120,000 $120,000 BART AB2923 Implementation BART $1,000,000 $1,000,000
Unprogrammed balance MTC $7,862,000 $7,862,000
Community-Based Transportation Plan (CBTP) Updates MTC
MTC $300,000 $300,000
CCTA: Community-Based Transportation Plans MTC $215,000 $215,000 TAM: Community-Based Transportation Plans MTC $75,000 $75,000 NVTA: Community-Based Transportation Plans MTC $75,000 $75,000 SFCTA: Community-Based Transportation Plans MTC $175,000 $175,000 C/CAG: Community-Based Transportation Plans MTC $120,000 $120,000 VTA: Community-Based Transportation Plans MTC $300,000 $300,000 STA: Community-Based Transportation Plans MTC $95,000 $95,000 SCTA: Community-Based Transportation Plans MTC $110,000 $110,000 CBTP Program Evaluation MTC $35,000 $35,000
3. PDA PLANNING & IMPLEMENTATION TOTAL: $20,000,000 $20,000,000
4. CLIMATE INITIATIVES STP CMAQ
Climate Initiatives $10,875,000 $10,875,000
Spare the Air & EV Program Outreach (for Electric Vehicle Programs) BAAQMD $10,000,000 $10,000,000 Carsharing Implementation MTC $800,000 $800,000
Targeted Transportation Alternatives MTC $325,000 $325,000 Spare the Air Youth Program - 2 MTC $1,417,000 $1,417,000
4. CLIMATE INITIATIVES TOTAL: $23,417,000 $23,417,000
MTC Res. No. 4202 Attachment B-1
Adopted: 11/18/15-C
Revised: 07/27/16-C 10/26/16-C 12/21/16-C 03/22/17-C 05/24/17-C 06/28/17-C 07/26/17-C 09/ 27/17-C 10/25/17-C 12/20/17-C 01/24/18-C 02/28/18-C 03/28/18-C 04/25/18-C 05/23/18-C 06/27/18-C 07/25/18-C 09/26/18-C 11/28/18-C 12/19/18-C 02/27/19-C 03/27/19-C 06/26/19-C 09/25/19-C 10/23/19-C 11/20/19-C 02/26/20-C 05/27/20-C 07/22/20-C 11/20/20-C 01/27/21-C
02/24/21-C 04/28/21-C 05/26/21-C
Close Grouping Before Printing
Not for Commission Action
ACTC: CMA Planning (for Community-Based Transportation Plans) Metropolitan Transportation Commission (MTC) 1 MTC Resolution No. 4202 Attachment B-1 DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 275
Item # C10.
Attachment B-1
MTC Resolution No. 4202
OBAG 2 Regional Programs
FY 2017-18 through FY 2021-22
April 2021
OBAG 2 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR STP CMAQ Total STP/CMAQ Other OBAG 2 REGIONAL PROGRAMS $484,059,423 $196,665,000 $680,724,423 $99,975,260 MTC Res. No. 4202 Attachment B-1
Adopted: 11/18/15-C
Revised: 07/27/16-C 10/26/16-C 12/21/16-C 03/22/17-C 05/24/17-C 06/28/17-C 07/26/17-C 09/ 27/17-C 10/25/17-C 12/20/17-C 01/24/18-C 02/28/18-C 03/28/18-C 04/25/18-C 05/23/18-C 06/27/18-C 07/25/18-C 09/26/18-C 11/28/18-C 12/19/18-C 02/27/19-C 03/27/19-C 06/26/19-C 09/25/19-C 10/23/19-C 11/20/19-C 02/26/20-C 05/27/20-C 07/22/20-C 11/20/20-C 01/27/21-C
02/24/21-C 04/28/21-C 05/26/21-C
Close Grouping Before Printing
Not for Commission Action
5. REGIONAL ACTIVE OPERATIONAL MANAGEMENT STP CMAQ
Active Operational Management
AOM Implementation MTC $23,737,000 $23,737,000
Bay Area 511 Traveler Information
511 Next Gen MTC $26,148,000 $26,148,000
511 Implementation MTC $7,450,000 $7,450,000
Rideshare
Rideshare Implementation MTC $720,000 $720,000
Carpool Program MTC $7,280,000 $7,280,000
Vanpool Program MTC $2,000,000 $2,000,000
Commuter Benefits Implementation MTC $674,000 $674,000
Commuter Benefits Program MTC $1,111,000 $1,111,000
Napa Valley Transportation Demand Strategies (Fund Exchange) MTC/NVTA $1,100,000 Bay Bridge Forward
Transbay Higher Capacity Bus Fleet/Increased Service Frequencies AC Transit $1,200,000 $1,200,000 Pilot Transbay Express Bus Routes AC Transit $800,000 $800,000 Eastbay Commuter Parking MTC $2,500,000 $2,500,000
Transbay Higher Capacity Bus Fleet/Increased Service Frequencies WestCat $2,000,000 $2,000,000 Dumbarton Forward
MTC $4,375,000 $4,375,000
Richmond-San Rafael Bridge Forward
Richmond-San Rafael Bridge Bikeway Access (Fund Exchange) Richmond $500,000 Richmond-San Rafael Bridge Forward (Fund Exchange) MTC $1,160,000 Freeway Performance Program
Freeway Performance Program MTC $14,240,000 $14,240,000 FPP: I-880 (I-80 to I-280) MTC $3,000,000 $3,000,000
MTC $625,000 $625,000
FPP: I-80 (Carquinez Bridge to Fremont St., SF) PL only MTC $3,000,000 $3,000,000 FPP: CC I-680 NB HOV/Express Lanes (Ala Co. to Sol Co.) MTC $10,000,000 $10,000,000 FPP: I-80 Central Ave Interchange Improvements Richmond $2,000,000 $2,000,000 FPP: SR 37 (US 101 to I-80) PL only MTC $1,000,000 $1,000,000 FPP: Napa Valley Forward Traffic Calming & Multimodal Imps. MTC $1,000,000 $1,000,000 FPP: US 101 (SR 85 to San Francisco Co. Line) MTC $3,000,000 $3,000,000 SCTA $1,000,000 $1,000,000
Program for Arterial System Synchronization (PASS) MTC $5,000,000 $5,000,000 Innovative Deployments for Enhanced Arterials (IDEA)
IDEA Technical Assistance MTC $1,532,000 $1,532,000
IDEA Category 1
AC Transit: Dumbarton Express Route (SR84) MTC $2,300,000 $2,300,000 Alameda: Webster & Posey Tubes (SR 260), Park St MTC $276,000 $276,000 Hayward: Various Locations MTC $302,000 $302,000
Oakland: Bancroft Ave MTC $310,000 $310,000
Pleasanton: Various Locations MTC $290,000 $290,000
Union City: Union City Blvd & Decoto Rd MTC $710,000 $710,000 San Ramon: Bollinger Canyon Rd & Crow Canyon Rd MTC $563,000 $563,000 San Rafael: Downtown San Rafael MTC $830,000 $830,000
South San Francisco: Various Locations MTC $532,000 $532,000 San Jose: Citywide MTC $1,400,000 $1,400,000
IDEA Category 2
LAVTA/Dublin: Citywide MTC $385,000 $385,000
Emeryville: Powell, Shellmound, Christie & 40th St MTC $785,000 $785,000 Concord: Concord Blvd, Clayton Rd & Willow Pass Rd (Fund Exchange) MTC $589,000 MTC Concord Blvd, Clayton Rd & Willow Pass Rd (Fund Exchange) MTC $30,000 Walnut Creek: Various locations (Fund Exchange) MTC $621,000 Los Gatos: Los Gatos Blvd MTC $700,000 $700,000
VTA: Veterans Admin. Palo Alto Medical Center VTA $845,000 $845,000 Connected Vehicles/Automated Vehicles (CV/AV) MTC $2,500,000 $2,500,000 Shared Use Mobility MTC $2,500,000 $2,500,000
Connected Bay Area
TMS Implementation MTC $2,910,000 $2,910,000
TMC Asset Upgrade and Replacement MTC $1,150,000 $1,150,000 I-880 Communication Upgrade and Infrastructure Gap Closures MTC $11,940,000 $11,940,000 InterConnect Bay Area Program MTC $3,000,000 $3,000,000 Incident Management
Incident Management Implementation MTC $4,160,000 $4,160,000 I-880 ICM Northern MTC $6,200,000 $6,200,000
I-880 ICM Central MTC $2,640,000 $2,640,000
Unprogrammed Balance TBD $380,000 $380,000
5. REGIONAL ACTIVE OPERATIONAL MANAGEMENT TOTAL: $128,135,000 $44,865,000 $173,000,000 $4,000,000
6. TRANSIT PRIORITIES STP CMAQ
BART Car Replacement/Expansion BART $99,800,000 $99,800,000 GGB Suicide Deterrent (for BART Car Replacement/Expansion) GGBH&TD $9,760,668 $9,760,668 $30,239,332 Clipper MTC $34,200,000 $34,200,000
Unprogrammed Balance $15,283,000 $15,283,000
6. TRANSIT PRIORITIES TOTAL: $59,243,668 $99,800,000 $159,043,668 $30,239,332
7. PRIORITY CONSERVATION AREA (PCA) STP CMAQ
Regional Peninsula, Southern and Eastern Counties PCA Grant Program Bay Area GreenPrint: PCA Functionality Imps (Fund Exchange) MTC/GreenInfo Network $30,000 PCA Grant Implementation MTC/Coastal Conservancy $500,000 Alameda County: Niles Canyon Trail, Phase 1 Alameda County $321,000 Albany: Albany Hill Access Improvements Albany $251,000 SR 84 (US 101 to I-880) Dumbarton Forward
FPP: I-580 WB HOV Lane Extension (SR 24 to I-80/SFOBB approach) PL & ENV Only FPP: SCTA US 101/Marin Sonoma Narrows (MSN) B2 Phase 2
Metropolitan Transportation Commission (MTC) 2 MTC Resolution No. 4202 Attachment B-1 DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 276
Item # C10.
Attachment B-1
MTC Resolution No. 4202
OBAG 2 Regional Programs
FY 2017-18 through FY 2021-22
April 2021
OBAG 2 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR STP CMAQ Total STP/CMAQ Other OBAG 2 REGIONAL PROGRAMS $484,059,423 $196,665,000 $680,724,423 $99,975,260 MTC Res. No. 4202 Attachment B-1
Adopted: 11/18/15-C
Revised: 07/27/16-C 10/26/16-C 12/21/16-C 03/22/17-C 05/24/17-C 06/28/17-C 07/26/17-C 09/ 27/17-C 10/25/17-C 12/20/17-C 01/24/18-C 02/28/18-C 03/28/18-C 04/25/18-C 05/23/18-C 06/27/18-C 07/25/18-C 09/26/18-C 11/28/18-C 12/19/18-C 02/27/19-C 03/27/19-C 06/26/19-C 09/25/19-C 10/23/19-C 11/20/19-C 02/26/20-C 05/27/20-C 07/22/20-C 11/20/20-C 01/27/21-C
02/24/21-C 04/28/21-C 05/26/21-C
Close Grouping Before Printing
Not for Commission Action
Livermore: Arroyo Road Trail Livermore $400,000
WOEIP/Urban Biofilter: Adapt Oakland Urban Greening in West Oakland WOEIP/Urban Biofilter $300,000 EBRPD: Bay Trail at Point Molate (RSR Bridge to Point Molate Beach Park) EBRPD $1,000,000 JMLT: Pacheco Marsh/Lower Walnut Creek Restoration and Public Access John Muir Land Trust $950,000 SFCTA: Yerba Buena Island Multi-Use Pathway (PE/ENV) SFCTA $1,000,000 $1,000,000 San Francisco: McLaren Park and Neighborhood Connections Plan SF Recreation and Parks $194,000 San Francisco/Coastal Conservancy: Twin Peaks Trail Improvement SF Rec and Park/Conservancy $74,000 GGNPC/NPS: Rancho Corral de Tierra Unit Management Plan Engagement National Parks Service $200,000 SMCHD: Pillar Point Public Access Improvements San Mateo Co. Harbor District $298,000 Menlo Park: Bedwell Bayfront Park Entrance Improvements Menlo Park $520,000 San Mateo Co.: Colma Creek Adaptation Study (Colma Creek Connector) San Mateo Co. $110,000 San Mateo Co.: San Bruno Mtn. Habitat Conservation Plan Grazing Pilot San Mateo Co. $137,900 South San Francisco: Sign Hill Conservation and Trail Master Plan South San Francisco $135,100 Point Blue: Pajaro River Watershed: Habitat Restoration and Climate Resilient Imps. Point Blue Conservation Science $379,000 SCVOSA: Coyote Ridge Open Space Preserve Public Access, Phase 1 Point Blue Conservation Science $400,000 SCVOSA: Tilton Ranch Acquisition Santa Clara Valley Open Space Auth. $1,000,000 North Bay PCA Grant Program
Marin County: Hicks Valley/Wilson Hill/Marshall-Petaluma Rehab. (for Corte Madera: Par Marin County $312,000 $312,000 Marin County: Hicks Valley/Wilson Hill/Marshall-Petaluma Rd Rehab Marin County $869,000 $869,000 Novato $104,000 $104,000
Novato: Vineyard Rd Improvements (for Hill Recreation Area Imps.) Novato $265,000 $265,000 National Parks Service: Fort Baker's Vista Point Trail NPS $500,000 $500,000 NVTA: Vine Trail - St. Helena to Calistoga NVTA $711,000 $711,000 Napa: Vine Trail - Soscol Ave Corridor Napa $650,000 $650,000 Napa County: Silverado Trail Rehabilitation - Phase L Napa County $689,000 $689,000 Solano County: Suisun Valley Farm-to-Market - Phase 3 Bike Imps Solano County $2,050,000 $2,050,000 Sonoma County: Crocker Bridge Bike/Pedestrian Bridge Sonoma County $1,280,000 $1,280,000 Sonoma County: Joe Rodota Trail Bridge Replacement Sonoma County $770,000 $770,000
7. PRIORITY CONSERVATION AREA (PCA) TOTAL: $9,200,000 $9,200,000 $7,200,000
8. BAY AREA HOUSING INITIATIVES STP CMAQ
Bay Area Preservation Pilot (BAPP) (Funding Exchange) MTC $10,000,000 Housing Incentive Pool TBD $25,000,000 $25,000,000
Sub-HIP Pilot Program
Fairfield: Pavement Preservation/Rehabilitation (for One Lake Apts. Linear Park Trail) Fairfield $2,100,000 $2,100,000 Vacaville: Pavement Preservation/Rehabilitation (for Allison PDA Affordable Housing) Vacaville $1,900,000 $1,900,000 Marin County: Marin City Pedestrian Crossing Imps. Marin County $300,000 $300,000 NVTA: Imola Park and Ride NVTA $300,000 $300,000
Santa Rosa: Downtown Multi-modal and Fiber Improvements Santa Rosa $400,000 $400,000
8. BAY AREA HOUSING INITIATIVES TOTAL: $4,300,000 $25,700,000 $30,000,000 $10,000,000
9. SAFE & SEAMLESS MOBILITY QUICK-STRIKE STP CMAQ
TBD TBD $52,900,000 $52,900,000 $34,593,076
9. SAFE & SEAMLESS MOBILITY QUICK-STRIKE TOTAL: $52,900,000 $52,900,000 $34,593,076
10. REGIONAL STRATEGIC INVESTMENTS (RSI) STP CMAQ
CC I-680 NB HOV/Express Lanes Ala Co to Sol Co (Fund Exchange) CCTA/MTC $4,000,000 $4,000,000 GGBHTD $7,910,000 $7,910,000
Pavement Rehab (for Downtown Novato SMART Station) Novato $617,000 $617,000 Old Redwood Highway Multi-Use Pathway Larkspur $1,120,000 $1,120,000 Grand Ave Bridge San Rafael $763,000 $763,000
Grand Ave Bike/Ped Imps (for SMART 2nd to Andersen Pathway) San Rafael $1,000,000 $1,000,000 US 101 Marin-Sonoma Narrows TAM $2,000,000 $2,000,000
US 101/Marin Sonoma Narrows (MSN) B2 Phase 2 (Fund Exchange) SCTA $15,400,000 $15,400,000 US 101 Marin-Sonoma Narrows (MSN) B7 (Loan for RM3) TAM $61,708,245 $61,708,245 $13,942,852 I-80 Express Lanes in Solano County (Loan for RM3) STA $99,840,510 $99,840,510
10. REGIONAL STRATEGIC INVESTMENTS (RSI) TOTAL: $191,475,755 $2,883,000 $194,358,755 $13,942,852 OBAG 2 REGIONAL PROGRAMS TOTAL: $484,059,423 $196,665,000 $680,724,423 $99,975,260 J:\SECTION\ALLSTAFF\Resolution\TEMP-RES\MTC\RES-4202_ongoing_OBAG2\[tmp-4202_Attachment-B-1_May-June.xlsx]May 2021 GGB Suicide Deterrent System
Novato: Nave Dr/Bell Marin Keys Rehabilitation (for Hill Recreation Area Imps.) Metropolitan Transportation Commission (MTC) 3 MTC Resolution No. 4202 Attachment B-1 DocuSign Envelope ID: 648EAB1F-F002-4355-A506-E919A4939E1E 277
Item # C10.
1 CITY OF MILPITAS
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of __________________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Ascent Environmental, Inc. a corporation with its principal place of business at 455 Capitol Mall Suite 300 Sacramento CA 95814 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
MAIN STREET GATEWAY SPECIFIC PLAN UPDATE
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Nine Hundred Thirty Thousand Seven Hundred Eight Dollars and Zero Cents ($930,708.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice , which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis . No retainage will be held on payments for this project.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be pro cessed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated ch anges in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in 278
Item # C10.
2 the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.
5. Term.
The term of this Agreement shall be from the date first written above to June 30, 2023, unless earlier terminated as provided herein. The City reserves the right to review the Consulta nt’s performance at the end of each year and cancel all or part of the Agreement.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonabl e contr ol of the non -performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circu mstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsi ble for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
d. Consultant acknowledges that this Project has been commissioned as part of a grant by the Metropolitan Transportation Commission (“MTC”), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq. To the extent required by MTC, Consultant agrees to work with City to ensure compliance with any other applicable laws, codes and regulations that are required to be complied with per MTC’s requirements.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 279
Item # C10.
3 9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termin ation. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference . In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it ha s secured all insur ance required therein .
Consultant acknowledges that this Project has been commissioned as part of a grant by MTC. To the extent additional insurance requirements are required by MTC, Consultant agrees to work with the City to obtain insurance requirements that are acceptable to MTC.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City and MTC and their respective officials, commissioners, representatives, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants , vendors or agents in connection with the p erformance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, MTC, or their respective officials, commissioners, representatives, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdictio n, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sec tions 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other 280
Item # C10.
4 requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are b eing performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Depar tment of Industrial Rel ations.
Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any su bcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensab le by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. City Material Requirements.
[RESERVED]
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 17 Termination or Abandonment
281
Item # C10.
5 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City s hall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work com pleted and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to pr ovide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The C onsultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Dra wings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign CHRISTINE BABLA as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
CONSULTANT:
Ascent Environmental, Inc.
455 Capitol Mall, Suite 300
Sacramento, CA 95814
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6 Attn: Director of Planning Attn: Christine Babla, Director
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waive d by either party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other cons ultants, including engineers, in connection with this Project or other projects.
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7 30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
31. Wage Theft Prevention
a. Consultant, and any subconsultant it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Lab or Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS
THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,
DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY
SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY
SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR
ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY
AND THAT CONSULTANT O R ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.
Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.
If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary e vidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order " refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
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8 e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND ASCENT ENVIRONMENTAL, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Christopher J. Diaz, City Attorney
Approved:
Walter C. Rossmann, Risk Manager/Director
of Finance
Approved As To Content:
Ned Thomas, Director of Planning
ASCENT ENVIRONMENTAL, INC.
Signature
Name
Title
Date
DIR Registration Number (If Applicable)
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10 EXHIBIT A
Scope of Services
MAIN STREET/GATEWAY SPECIFIC PLAN UPDATE
[CONSULTANTS WORKPLAN BEGINS ON FOLLOWING PAGE]
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11 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will in clude with each invoice a detail ed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant.
[PROJECT BUDGET DETAIL BEGINS ON FOLLOWING PAGE]
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12 EXHIBIT C
Activity Schedule
[PROJECT TIMELINE BEGINS ON FOLLOWING PAGE]
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13 EXHIBIT “D”
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.
Contractor or Consultant shall procure and maintain for the duration of the Agr eement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.
Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injur y and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be tw ice the required occurrence limit.
_X_ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a genera l aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
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14 _X_ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as b road as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single li mit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care , custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
_X_ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Lability Insurance with limit of no less than $1 ,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater ma y be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Contractor’s or Consultant’s Pollution Legal Liability:
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15 ___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less th an $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X_ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required. 292
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16 The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contai n or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
_X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
_X_ Waiver of Subrogation:
Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
_X_ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor f ails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide pr oof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects th e City, its elected and 293
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17 appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full -certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VIII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requiremen ts must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mol d identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Subcontractors:
Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. The subcontractor insurance requirements stated herein shall not apply to Studio J9, as identified in Exhibit A. Studio J9 will be treated as a 294
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18 vendor, and Contractor shall assume liability for all work performed by Studio J9 under this Agreement.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents.
Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub -subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copi es of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginn ing shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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Date: November 18, 2015
W.I.: 1512
Referred by: PAC
Revised: 07/27/16-C 10/26/16-C 12/21/16-C
03/22/17-C 04/26/17-C 05/24/17-C
06/28/17-C 07/26/17-C 09/27/17-C
10/25/17-C 11/15/17-C 12/20-17-C
01/24/18-C 02/28/18-C 03/28/18-C
04/25/18-C 05/23/18-C 06/27/18-C
07/25/18-C 09/26/18-C 11/28/18-C
12/19/18-C 01/23/19-C 02/27/19-C
03/27/19-C 06/26/19-C 07/24/19-C
09/25/19-C 10/23/19-C 11/20/19-C
02/26/20-C 05/27/20-C 07/22/20-C
09/23/20-C 11/20/20-C 01/27/21-C
02/24/21-C 04/28/21-C 05/26/21-C
ABSTRACT
Resolution No. 4202, Revised
Adoption of the project selection policies and project programming for the second round of the One Bay Area Grant program (OBAG 2). The project selection criteria and programming policy contain the project categories that are to be funded with various fund sources including federal surface transportation act funding available to MTC for its programming discretion to be included in the federal Transportation Improvement Program (TIP) for the OBAG 2 funding period.
The resolution includes the following attachments:
Attachment A – OBAG 2 Project Selection Criteria and Programming Policy Attachment B-1 – OBAG 2 Regional Program Project List
Attachment B-2 – OBAG 2 County Program Project List
On July 27, 2016, Attachment A, and Attachments B-1 and B-2 were revised to add additional funding and projects to the OBAG 2 framework, including $72 million in additional Fixing America’s Surface Transportation Act (FAST) funding, and to incorporate housing-related policies.
On October 26, 2016, Attachment A, and Attachment B-1 were revised to clarify language related to the North Bay Priority Conservation Area (PCA) Program in Attachment A and to deprogram $2,500,000 from the Water Emergency Transportation Authority (WETA) Ferry Service Enhancement Pilot within the Regional Active Operational Management Program.
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ABSTRACT
MTC Resolution No. 4202, Revised
On December 21, 2016, Attachments B-1 and B-2 were revised to redirect $417,000 in un- programmed balances from the Regional Active Operational Management program to MTC’s Spare the Air Youth within the Climate Initiatives Program; divide MTC’s Rideshare Program into three subcomponents totaling $10,000,000: $720,000 for Rideshare Implementation, $7,280,000 for the Carpool Program, and $2,000,000 for the Vanpool Program; direct $1,785,000 from 511 Next Gen to the Commuter Benefits program; direct $1,000,000 in un-programmed balances to SMART’s Multi-Use Pathway; transfer $1,000,000 from MTC’s Casual Carpool project to MTC’s Eastbay Commuter Parking project within the Bay Bridge Forward program, as the former will be funded with non-federal funds; transfer $500,000 from the Freeway Performance Initiative program and $500,000 in un-programmed balances to US 101/Marin Sonoma Narrow’s B2 Phase 2 project in the Regional Active Operational Management Program; shift $40,000,000 from the BART Car Replacement/Expansion project to the Golden Gate Bridge Suicide Deterrent project and $13 million from MTC’s Clipper project to un-programmed balances within the Transit Priorities program as part of a RM2 funding action to address a cost increase on the Golden Gate Bridge Suicide Deterrent project; and program $5,990,000 to Alameda County’s Safe Routes to School Program in the County Program.
On March 22, 2017, Attachment B-1 was revised to program $17,000,000 in un-programmed balances within the Regional Transit Priorities Program to MTC’s Clipper Program, as part of the FY17 Transit Capital Priorities program.
On April 26, 2017, Attachment B-2 was revised to program $1,655,000 to the Sonoma Safe Routes to School program; and redirect $1,000 from Contra Costa Transportation Authority’s Planning Activities Base to its discretionary balance and $1,000 from San Francisco County Transportation Authority’s Planning Activities Base to its discretionary balance to address an inconsistency between amounts programmed to planning activities in Appendix A-3 and reflect actual amounts obligated for planning.
On May 24, 2017, Attachment B-1 was revised to redirect $1,237,000 from 511 Next Gen to AOM Implementation within the Regional Active Operational Management program to reflect re- organization of staff between program elements; direct $18,000,000 in Arterial/Transit Performance to the Program for Arterial System Synchronization ($5,000,000) and the Next Gen Arterial Operations Program ($13,000,000) within the Regional Active Operational Management program; direct $19,000,000 from the Transportation Management System (TMS) Field Equipment Devices Operations and Maintenance to TMS Implementation ($2,910,000), Performance-Based Intelligent 297
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
Transportation Systems Device Maintenance and Rehabilitation ($5,940,000), Transportation Management Center Asset Upgrade and Replacement ($4,000,000), I-880 Communication Upgrade and Infrastructure Gap Closures ($4,000,000) and a Detection Technology Pilot ($5,000,000) within the Regional Active Operational Management program; and remove $290,556 in un-programmed balances from the Regional Active Operational Management program to address over-programming in a previous cycles of the STP/CMAQ regional programs.
On June 28, 2017, Attachments B-1 and B-2 were revised to reprogram $1,000,000 from the SMART Pathway – 2
nd to Andersen to San Rafael’s Grand Ave Bike/Pedestrian Improvements within the Regional Climate Initiatives program as part of a funding exchange within the City of San Rafael, conditioned on San Rafael committing $1 million in non-federal funds to the construction of the pathway, and a resolution of local support for the use of federal funds on the Grand Ave project, and TAM approval of the redirection of local measure funds between the projects; split out $8,729,000 from the 511 Next Gen program to 511 Implementation within the Regional Active Operational Management program; program $1,250,000 to Golden Gate Bridge Highway and Transportation District for the Bettini Transit Center as part of the Marin County Program; and program $2,617,000 within the San Mateo County Program to the San Mateo County Office of Education for the SRTS program, including $223,000 in supplemental funds from San Mateo’s discretionary balance.
On July 26, 2017, Attachment B-1 was revised to program $12,000,000 to the US 101 Marin Sonoma Narrows project as part of a fund exchange agreement with Sonoma County Transportation Authority; $11,000,000 in exchange funds are added to the program for tracking purposes, with the final $1 million in exchange funds to be identified through a future Commission action.
On September 27, 2017, Attachment B-1 was revised to change the name of the Next Gen Arterial Operations Program (NGAOP) to Innovative Deployment for Enhanced Arterials (IDEA) to reflect program rebranding and additional focus on advanced technologies; program $4,160,000 to Incident Management Implementation and $8,840,000 to I-880 Integrated Corridor Mobility project within the Regional Active Operational Management program; split out the Connected Vehicles/Shared Mobility program into the Connected Vehicles/Automated Vehicles program for $2,500,000 and the Shared Use Mobility program for $2,500,000; and program $16,000,000 for three corridors within the Freeway Performance Program, with $8,000,000 for I- 680, $3,000,000 for I-880, and $5,000,000 for SR-84.
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ABSTRACT
MTC Resolution No. 4202, Revised
On October 25, 2017, Attachment B-1 was revised to program $10,000,000 to the Bay Area Air Quality Management District for the Spare the Air program, in lieu of the Electric Vehicle Programs within the Regional Climate Initiatives Program, conditioned on the Air District contribution of an additional $10 million to advance implementation of electric vehicles within the region.
On November 15, 2017, Attachment B-2 was revised to program $200,000 in the Alameda County Program to the I-580 Corridor Study, to support a joint corridor study between Alameda County Transportation Commission (ACTC) and MTC; $122,000 within the Napa County Program to Napa Valley Transportation Authority (NVTA) for the Napa County Safe Routes to School (SRTS) Program; and $300,000 within the Contra Costa County Program to San Ramon for the San Ramon Valley Street Smarts Program.
On December 20, 2017, Attachments A, Appendix A-3, B-1, and B-2 were revised to program $334 million in the County Program to local and county projects recommended by the nine Congestion Management Agencies (CMAs); redirect $10,248,000 from BART Car Replacement/Expansion to Clipper within the Regional Transit Priorities Program; revise the CMA Planning Activities funding amounts to reflect the supplementary funds requested by several CMAs through their County Programs; and clarify the program details for the Local Housing Production Incentive program (also known as the 80K by 2020 Challenge Grant).
On January 24, 2018, Attachment B-1 was revised to redirect $4,100,000 from Performance- Based ITS Device Maintenance and Rehabilitation to I-880 Communication Upgrade and Infrastructure Gap Closures, within the Transportation Management System program.
On February 28, 2018, Attachments B-1 and B-2 were revised to program $13 million in Innovative Deployments to Enhance Arterials (IDEA) program grants within the Regional Active Operational Management Program; redirect $822,000 within Contra Costa County’s Safe Routes to School Program (SRTS) for future SRTS projects; program $2,813,000 to San Francisco SRTS Non-Infrastructure Program within the San Francisco County Program; and clarify MTC exchange fund projects.
On March 28, 2018, Attachment B-1 was revised to distribute the $1.5 million Community- Based Transportation Planning Program among the nine county Congestion Management Areas 299
Item # C10.
ABSTRACT
MTC Resolution No. 4202, Revised
(CMAs); clarify the limits of three Freeway Performance Program projects within the Regional Active Operational Management Program; and reflect the programming of $30,000 in MTC exchange funds for Bay Area Greenprint Functionality Improvements, as part of the PCA program.
On April 25, 2018, Attachment B-1 was revised to program $8,200,000 in Priority Conservation Area (PCA) grants within the North Bay PCA Program; $3,400,000 to Sonoma County Transportation Authority (SCTA) for the Marin Sonoma Narrows B2 Phase 2 project, as part of an exchange agreement in which an equal amount of SCTA’s future Regional Transportation Improvement Program (RTIP) funds will be programmed at MTC’s discretion; $7,288,000 in PDA Planning and Implementation grants; and $500,000 to MTC for PDA Implementation.
On May 23, 2018, Attachments B-1 and B-2 were revised to change the project sponsor from MTC to VTA for the IDEA Program project at the Veteran’s Administration Palo Alto Medical Center; redirect funds within the Santa Clara County OBAG 2 County Program to reduce San Jose’s West San Carlos Urban Village Streetscape Improvements by $2,050,000, redirecting $1,000,000 from the project to Santa Clara’s Saratoga Creek Trail Phase 1 and $1,050,000 to Saratoga’s Prospect Rd Complete Streets project; and direct an additional an additional $25,000 in unprogrammed balances within Santa Clara County OBAG 2 County Program to Saratoga’s Prospect Rd Complete Streets project.
On June 27, 2018, Attachments B-1 and B-2 were revised to program $800,000 to MTC’s Carsharing Implementation and $325,000 to Targeted Transportation Alternatives within the Climate Initiatives Program; redirect from MTC’s 511 NextGen program $8,271,000 to 511 Implementation, $2,000,000 to Contra Costa Transportation Authority’s (CCTA’s) I-80 Central Ave Interchange Improvements project, and $380,000 to an unprogrammed balance within the Regional Active Operational Management program; clarify the scope of MTC’s Freeway Performance Program I-880 to reflect the project limits of I-80 to I-280; and redirect $1,394,000 from Vallejo’s Local Streets Rehabilitation project to Fairfield’s Heart of Fairfield project within the Solano County Program.
On July 25, 2018, Attachment B-1 was revised to program $1,600,000 to Santa Clara Valley Transportation Authority (VTA) for the SR 85 Transit Guideway Study as part of a fund exchange agreement; remove Rohnert Park’s $65,000 Central Rohnert Park PDA/Creekside Neighborhood Subarea Connector Path Technical Assistance grant from the Regional PDA 300
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MTC Resolution No. 4202, Revised
Planning Grant program as it will be funded through a prior cycle; reduce the funding for Windsor’s PDA Planning and Implementation Staffing Assistance grant by $85,000 as this project will receive an equivalent amount of funds through a prior cycle; a total of $150,000 balance created by these two revisions was returned to the Regional PDA Planning Grant Program un-programmed balance.
On September 12, 2018, Attachments B-1 and B-2 were revised to program $3,000,000 within the Freeway Performance Program to the US 101 corridor in San Mateo and Santa Clara counties; direct an additional $6,000,000 within the Freeway Performance Program to the I-680 corridor within Contra Costa County, $4,000,000 of which is part of an exchange agreement with Contra Costa Transportation Authority (CCTA); redirect $15,000 within the Innovative Deployment for Enhanced Arterials (IDEA) program from IDEA Technical Assistance to VTA’s IDEA grant at the Veterans Affairs Palo Alto Medical Center; redirect $48,000 from MTC’s Clipper to the BART Car Replacement/Expansion project within the Transit Priorities program to reflect program amounts previously adopted through the Transit Capital Priorities (TCP) program; revise the amount programmed to VTA’s SR 85 Transit Guideway Study within Regional Strategic Initiatives to $1,200,000 to reflect amount previously approved; redirect $1,214,000 from Berkeley’s North Shattuck Avenue Rehabilitation project to its Southside Complete Streets and Transit Improvements project within the Alameda County Program; from Sunnyvale’s East Sunnyvale Area Sense of Place Improvements, redirect $1,000,000 to Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements and $1,140,000 to the Safe Routes to School program balance within the Santa Clara County Program; and program $4,500,000 available from a previous funding cycle to the following projects within Regional Strategic Initiatives: $617,000 to Novato’s Pavement Rehabilitation (for Downtown Novato SMART Station) as part of a local funding exchange, $1,120,000 to the Transportation Authority of Marin (TAM) for the Old Redwood Highway Multi-Use Pathway project, $763,000 for San Rafael’s Grand Ave Bridge project, and $2,000,000 to TAM for the US 101 Marin Sonoma Narrows project.
On November 28, 2018, Attachment B-1 was revised to make adjustments related to the MTC/SCVTA Funding Exchange Agreement MTC Resolution No. 4356 and to the MTC/CCTA Funding Exchange Agreement MTC Resolution No. 4357, and to program $4,000,000 in MTC exchange funds in accordance with MTC Resolution 3989, to the following projects: $619,000 to CCTA for Innovative Deployment for Enhanced Arterials; $621,000 to the city of Walnut Creek for innovative Deployment for Enhanced Arterials; $500,000 to the city of Richmond for the 301
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MTC Resolution No. 4202, Revised
Richmond-San Rafael Bridge Bikeway Access; $1,160,000 to MTC for Richmond-San Rafael Bridge Forward; and $1,100,000 to MTC for Napa Valley Transportation Demand.
On December 19, 2018, Attachments B-1 and B-2 were revised to redirect $5,200,000 from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the I-880 ICM Northern Segment project within the Regional Active Operational Management Program; clarify the Diridon Integrated Station Area Concept Plan project within the Regional Priority Development Planning and Implementation Program to reference Santa Clara Valley Transportation Authority (VTA) as a project partner; within the Santa Clara County Program, redirect $794,000 in unprogrammed balances to Sunnyvale’s East Sunnyvale Sense of Place Improvements, clarify the remaining unprogrammed balance is discretionary, and clarify the division of funding for Santa Clara’s Saratoga Creek Trail Phase 1 project between the county’s Safe Routes to School program and its discretionary program.
On January 23, 2019, Attachment B-2 was revised to redirect $15,980,000 within the San Francisco County Program from the Better Market Street project to the Central Subway project.
On February 27, 2019, Attachment B-1 was revised to change the fund source of $3,779,849 programmed to the Golden Gate Bridge Suicide Deterrent in Surface Transportation Block Grant Program (STP) funds to federal Highway Infrastructure Program (STP Bump) funds provided in the Consolidated Appropriations Act, 2018. Of the $3,779,849 freed up by this swap, $1,000,000 is returned to the region’s STP/CMAQ balance to help address the CMAQ shortfall as a result of the region becoming attainment for carbon monoxide (CO) and therefore receiving less CMAQ funds which are distributed based on air quality status. The remaining $2,779,849 is held for future Commission action.
On March 27, 2019, Attachment A, Appendix A-8, Appendix A-10, and Attachment B-1 were revised to clarify provisions pertaining to the interim status report requirements for Priority Development Area (PDA) Investment & Growth Strategies; change the recipient of the Concord IDEA project from CCTA to the City of Concord and reduce the MTC Exchange funding from $619,000 to $589,000; and redirect the $30,000 in MTC Exchange funds to a new MTC-led Concord IDEA project.
On June 26, 2019, Attachment B-2 was revised to program $822,000 in unprogrammed Safe Routes to School Program (SRTS) balances within the Contra Costa County Program to six 302
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MTC Resolution No. 4202, Revised
existing projects; and to redirect $251,000 within the San Mateo County Program from Atherton’s Middlefield Road Class II Bike Lanes to its James Avenue Rehabilitation.
On July 24, 2019, Attachment A was revised to delegate authority to the Executive Director or designee to sign Letters of Understanding for the exchange of STP/CMAQ funds with other regions, within certain conditions and limitations, and to delegate to a Committee of the Commission the authority to approve exchanges beyond these conditions and limitations.
On September 25, 2019, Attachments B-1 and B-2 were revised to clarify that the $300,000 programmed to Alameda County Transportation Commission (ACTC) within the Community Based Transportation Plan (CBTP) Updates program will be directed to its Congestion Management Agency (CMA) Planning program as part of an internal fund exchange within ACTC; redirect $9.6 million from 511 Implementation to 511 Next Gen within the Bay Area 511 Traveler Information Program; within the Freeway Performance Program redirect $625,000 in from MTC’s SR 84 (US 101 to I-880) to the environmental phase of MTC’s I-580 WB HOV Lane Extension project and change the project sponsor of the I-80/Central Ave. Interchange Improvements project from the Contra Costa Transportation Authority (CCTA) to City of Richmond; within the Innovative Deployment to Enhance Arterials (IDEA) program, clarify that LAVTA is a partner agency for the Dublin Category 2 IDEA project; within the Transportation Management Systems (TMS) program, change the name of the overall program to Connected Bay Area, redirect $2 million from the Detection Technology Pilot project and $1.8 million from the Performance-Based ITS Device Maintenance and Rehabilitation project to provide an additional $3.8 million to the I-880 Communications Upgrade and Infrastructure Gap Closures project; within the Incident Management program, redirect $1 million from MTC’s I-880 Integrated Corridor Management (ICM) Central Segment to the Northern Segment; within the San Francisco County program, redirect $3,366,000 from John Yehall Chin Elementary Safe Routes to School (SRTS) Improvement; and within the Santa Clara County program, redirect $1 million from Los Altos’ Miramonte Ave Bicycle and Pedestrian Access Improvements project to Cupertino’s McClellan Rd Separated Bike Lane project, and program $1,346,000 in unprogrammed discretionary balances to Campbell’s Harriet Ave Sidewalk project and Los Gatos Shannon Rd Complete Streets project.
On October 23, 2019, Attachment B-1 was revised to redirect $3 million from MTC’s Detection Technology Pilot project to establish the InterConnect Bay Area grant program within the Connected Bay Area program; direct $5 million ($4 million Solano County and $1 million other 303
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MTC Resolution No. 4202, Revised
North Bay counties) within the Housing Incentive Pool program to establish the Sub-HIP program, with specific projects to be recommended through future programming actions; and program $1 million to BART for AB2923 Implementation from unprogrammed balances within the PDA Planning & Implementation program.
On November 20, 2019, Attachments B-1 and B-2 were revised to program $6,023,000 in MTC exchange funds in accordance with MTC Resolution No. 3989 to 13 projects within the Priority Conservation Area (PCA) Grants program; and within the Contra Costa County program, redirect $1,025,000 from Brentwood’s Various Streets and Roads Preservation project to Pittsburg’s Pavement Improvements project, redirect $618,000 from San Pablo’s Market Street Pavement Rehabilitation project to Giant Road Pavement Rehabilitation project; and revise the name of Walnut Creek’s Ygnacio Valley Road Rehabilitation project to reflect the latest proposed scope of work.
On February 26, 2020, Attachments A, B-1, and B-2 were revised to program $1 million to MTC for SR 37 corridor planning in Marin, Napa, Solano, and Sonoma Counties and $3 million to MTC for I-80 corridor planning from the Carquinez Bridge to the San Francisco-Oakland Bay Bridge (SFOBB) Toll Plaza within the Freeway Performance Program; revise the name of the Concord Willow Pass Road Rehabilitation and Safe Routes to School project within the Contra Costa County Program to reflect the project’s current scope; and clarify language within the OBAG 2 Project Selection Criteria and Programming Policy to reflect the Commission adoption of Housing Incentive Pool (HIP) program guidelines, MTC Resolution No. 4348.
On May 27, 2020, Attachment B-1 was revised to clarify the scope of MTC’s Freeway Performance Program planning-only project on I-80 extends from Carquinez Bridge in Contra Costa to Fremont Street in San Francisco; change the sponsor for three projects within the Regional Priority Conservation Area (PCA) Grant program; and to redirect $104,000 in the North Bay Priority PCA Grant program from Novato’s Carmel Open Space Acquisition project to Novato’s Hill Area National Recreation Area, as the former project has been cancelled.
On July 22, 2020, Attachment B-1 was revised to program $5 million to five projects in Solano, Marin, Napa, and Sonoma Counties within the Housing Incentive Pool Pilot Program (Sub-HIP) and program $1 million to the Napa Valley Forward Traffic Calming and Multimodal Improvements project within the Freeway Performance Program (FPP); and incorporate $7,681,887 in federal Highway Infrastructure Program apportionment provided through the 304
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Department of Transportation Appropriations Act, 2020 to the Golden Gate Bridge Suicide Deterrent.
On September 23, 2020, Attachment B-2 was revised to redirect $2,000,000 from Napa’s Silverado Trail Five-way Intersection Improvement project to Napa Valley Transportation Authority’s Vine Transit Bus Maintenance Facility within the Napa County Program, and $1,394,000 from Fairfield’s Heart of Fairfield Improvements to its Cadenasso Dr. repaving project within the Solano County Program.
On November 20, 2020, Attachment B-1 was revised to program $1,000,000 to SFCTA for the environmental phase of the Yerba Buena Island/Treasure Island Multi-Use Pathway project within the Priority Conservation Area (PCA) Grants program, with payback from BATA at a future date; $647,000 in MTC exchange funds in accordance with MTC Resolution No. 3989 to four projects within the Priority Conservation Area (PCA) Grants program; and to clarify the project sponsor of the Old Redwood Highway Multi-Use Pathway project as Larkspur, rather than the Transportation Authority of Marin (TAM).
On January 27, 2021, Attachments A and Attachment B-1 were revised, and Appendix A-11 was added, to incorporate additional funding into the OBAG 2 framework, including $52.9 million in STP/CMAQ program balances made available through FY2018-FY2020 appropriations of Federal Highway Infrastructure Program (FHIP) funds, and a $1.5 million balance redirected from the Cycle 1 STP/CMAQ Climate Initiatives program, as part of the Safe & Seamless Mobility Quick-Strike program.
On February 24, 2021, Attachment B-1 was revised to program a total of $7.91 million in Federal Highway Infrastructure Program (FHIP) funds provided in the Consolidated Appropriations Act, 2021, and project savings from previous STP/CMAQ cycles to the Golden Gate Bridge Highway and Transportation District (GGBHTD) for shareable costs of an increase to the Golden Gate Bridge Suicide Deterrent System. Because the final FFY 2021 FHIP amount is not yet available at the time of the Commission meeting, the final split between the two fund sources will be adjusted by staff as a technical change, with the total amount not to exceed $7.91 million.
On April 28, 2021, Attachment B-1 was revised to change the fund source of $13,942,852 from Federal Highway Infrastructure Program (FHIP) funds to Surface Transportation Block Grant 305
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MTC Resolution No. 4202, Revised
(STP) funds for the Gate Bridge Highway and Transportation District (GGBHTD) for the Golden Gate Bridge Suicide Deterrent System project; program $61,708,245 in STP/CMAQ funds, and $13,942,852 in FHIP funds redirected from the GGB suicide deterrent system, to the Transportation Authority of Marin (TAM) for the US-101 Marin-Sonoma Narrows Segment B7 project as part of the SB1/RMS alternative funding plan; and program $99,840,510 in STP/CMAQ funds to the Solano Transportation Authority (STA) for the Solano I-80 Express Lanes project as part of the SB1/RMS alternative funding plan. The programmed funding to TAM and STA serves as a loan to the project sponsors to permit the projects to move to construction while Regional Measure 3 funds are unavailable. The loaned funds shall be repaid to MTC as non-federal funds and will be subject to future OBAG programming.
On May 26, 2021, Attachment B-1 and Appendix A-11 were revised to program $34,593,076 in Federal Highway Infrastructure Program funds made available through federal Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) to augment the Regional Safe and Seamless Mobility Quick-Strike program framework; and to program $7,775,000 in Priority Development Area (PDA) Planning and Implementation grants and $87,000 in Regional PDA Supportive Studies within the Regional PDA Planning and Implementation program.
Further discussion of the project selection criteria and programming policy is contained in the memorandum to the Programming and Allocations Committee dated November 4, 2015, July 13, 2016, October 12, 2016, December 14, 2016, February 8, 2017 (action deferred to March 2017), March 8, 2017, April 12, 2017, May 10, 2017, June 14, 2017, July 12, 2017, September 13, 2017, October 11, 2017, November 8, 2017, December 13, 2017, January 10, 2018, February 14, 2018, March 7, 2018, and April 11, 2018; the Planning Committee dated April 6, 2018; and the Programming and Allocations Committee dated May 9, 2018, June 13, 2018, July 11, 2018, September 12, 2018, November 14, 2018, December 12, 2018, January 9, 2019, February 13, 2019, March 6, 2019, June 12, 2019, July 10, 2019, September 4, 2019, October 9, 2019, November 13, 2019, February 12, 2020, May 13, 2020, July 8, 2020, September 9 2020, November 4, 2020, January 13, 2021, February 10, 2021, April 14, 2021, and May 12, 2021; and the Planning Committee dated May 14, 2021.
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Date: November 18, 2015
W.I.: 1512
Referred By: Programming & Allocations
RE: One Bay Area Grant Program Second Round (OBAG 2) Project Selection Criteria and Programming Policy
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4202
WHEREAS, the Metropolitan Transportation Commission (MTC) is the Regional Transportation Planning Agency (RTPA) for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, MTC is the designated Metropolitan Planning Organization (MPO) for the nine- county San Francisco Bay Area region and is required to prepare and endorse a Transportation Improvement Program (TIP) which includes federal funds; and
WHEREAS, MTC is the designated recipient for state and federal funding assigned to the RTPA/MPO of the San Francisco Bay Area for the programming of projects; and
WHEREAS, state and federal funds assigned for RTPA/MPO programming discretion are subject to availability and must be used within prescribed funding deadlines regardless of project readiness; and
WHEREAS, MTC, in cooperation with the Association of Bay Area Governments (ABAG), the Bay Area Air Quality Management District (BAAQMD), the Bay Conservation and Development Commission (BCDC), California Department of Transportation (Caltrans), Congestion Management Agencies (CMAs), county Transportation Authorities (TAs), transit operators, counties, cities, and interested stakeholders, has developed criteria, policies and procedures to be used in the selection of projects to be funded with various funding including regional federal funds as set forth in Attachments A, B-1 and B-2 of this Resolution, incorporated herein as though set forth at length; and
WHEREAS, using the policies set forth in Attachment A of this Resolution, MTC, in cooperation with the Bay Area Partnership and interested stakeholders, will develop a program of projects to be funded with these funds for inclusion in the federal TIP, as set forth in Attachments B-1 and B-2 of this Resolution, incorporated herein as though set forth at length; and
WHEREAS the federal TIP and subsequent TIP amendments and updates are subject to public review and comment; now therefore be it
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MTC Resolution 4202