Newark City Council
November 9, 2023

2021 PFA Version

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF NEWARK
for the
DUMBARTON CORRIDOR IMPROVEMENTS – CENTRAL AVENUE OVERPASS PROJECT This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of April 27, 2017, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF NEWARK, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☒ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☐ Transportation Fund for Clean Air
☒ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on Packet Page 434
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each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set Packet Page 435
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forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I
PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

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3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

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11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not Packet Page 438
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incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through Packet Page 439
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this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

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25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:

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1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

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7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Appendix A:

Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

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ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.

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c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.

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c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by Packet Page 446
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ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page]
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Project No. 1211.001

2021 PFA Version

CITY OF NEWARK
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

David J. Benoun Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:

By: By:

Kristopher Kokotaylo, Esq Date
Legal Counsel to the CITY OF NEWARK
Fennemore Wendel Date
Legal Counsel to ALAMEDA CTC
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Project No. 1211.001

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

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Alameda CTC Agreement No. A22-0067
Project No. 1211.001
Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
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Project No. 1211.001
Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

The Project will construct a four-lane grade separation at the Central Avenue and Union Pacific Railroad Crossing between Sycamore Street and Morton Avenue.

This project is implemented as a portion of the overall Dumbarton Corridor Improvements Project, a Measure B capital project. Central Avenue provides a critical east-west route through the City of Newark and also serves as a bypass for regional traffic using Route 84 and Interstate 880 to traverse the Dumbarton Bridge corridor.

Improvements are designed to relieve traffic congestion within the Dumbarton Corridor, provide enhanced vehicle, bicycle and pedestrian safety, improve emergency response times and eliminate potential at-grade accidents. In addition, the overpass will enhance circulation and promote transit use to the City of Newark’s planned transit-oriented center.

Project Limits
• Central Avenue and Union Pacific Railroad Crossing between Sycamore Street and Morton Avenue
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Project No. 1211.001
Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN (PS&E)
• Activities leading to the development of final plans and specifications to facilitate the construction phase of the PROJECT. Activities eligible for reimbursement by the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT include consultant costs.

RIGHT-OF-WAY
• Right-of-way acquisition and certification activities associated with the implementation of the PROJECT. Activities eligible for reimbursement by the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT include right of way consultant costs and other direct costs related to right of way acquisition and certification.

CONSTRUCTION
• Construct a four- lane grade separation structure (bridge overpass including sidewalks and bicycle lanes) at the railroad crossing on Central Avenue between Sycamore Street and Morton Avenue in the City of Newark. Activities eligible for reimbursement by the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT include contractor and construction management consultant costs.

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Project No. 1211.001
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
PE/Environmental 11/2013 11/2014
Final Design (Plans, Specifications and Estimate (PS&E)) 01/2016 12/2018 65% PS&E
Final PS&E 03/2024
Right of Way Acquisition 04/2017 06/2024
Right of Way Certification 07/2024
Construction 01/2025 03/2027
Release Request for Proposal / Advertisement 09/2024
Contract Award 12/2024
Construction Activities 12/2027
Project Closeout 03/2027 09/2027
Notes
1) Begin and End dates (Mo/Yr) should be provided for each phase. Project Closeout is shown as a separate phase at the end of the project. Begin dates are not applicable to milestones. Show milestone date under “End.”
2) 65% PS&E represents the point at which the plans and specifications for a construction project are developed enough to cover the entire scope of the proposed construction contract and to develop an updated construction cost estimate.
3) Final PS&E represents the point at which the plans and specifications are ready for signature and to be incorporated into a set of construction contract documents suitable for use as the basis for soliciting bids.
4) Right of Way Certification represents the point at which access to the properties necessary for construction of the project has been secured by the implementing agency either by holding title to the property or through executed agreements with property owners for the required access.

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Project No. 1211.001
Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
Funding
2000 Measure B
ACTIA-25 CMA-TIP Various
Preliminary Engineering
/ Environmental $ - $ - $30,000 $30,000
Final Design (PS&E) $3,253,000 $ - $100,000 $3,353,000
Right-of-Way $1,667,000 $ - $ - $1,667,000
Construction $11,134,000 $630,000 $18,536,000 $30,300,000 Total
Project Cost $16,054,000 $630,000 $18,666,000 $35,350,000 Packet Page 454
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Project No. 1211.001
Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage 2000 Measure B
ACTIA-25 CMA-TIP
Final Design
(PS&E) $3,253,000 $ - $100,000 $3,353,000 97.02%
Right-of-Way $1,667,000 $ - $ - $1,667,000 100.00%
Construction $11,134,000 $630,000 $18,536,000 $30,300,000 38.83% Total
Funding $16,054,000 $630,000 $18,666,000 $35,320,000
Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. • Reimbursement Ratio Percentage for Construction phase is combined for 2000 MB and CMA-TIP shares.

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Project No. 1211.001
Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL
FINAL DESIGN (PS&E) 2000 Measure B
ACTIA-25 CMA-TIP Matching Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ -- $ -
Contract(s)/Other Direct Cost $3,253,000 $ - $ - 100,000 $3,353,000 Total Phase Cost
(Staff + Contract Costs)
$ 3,253,000 $ - $ 100,000 $3,353,000

PHASE COST DETAIL
RIGHT-OF-WAY 2000 Measure B
ACTIA-25 CMA-TIP Matching Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ - $ -
Contract(s)/Other Direct Cost $ 1,667,000 $ - $ - $ 1,667,000 Total Phase Cost
(Staff + Contract Costs)
$ 1,667,000 $ - $ - $ 1,667,000

PHASE COST DETAIL
CONSTRUCTION 2000 Measure B
ACTIA-25 CMA-TIP Matching
Funds
Total Cost
Sponsor Staff/Labor Cost $ -
$ - $ - $ -
Contract(s)/Other Direct Cost $11,134,000 $630,000 $18,536,000 $30,300,000 Total Phase Cost
(Staff + Contract Costs)
$11,134,000 $630,000 $18,536,000 $30,300,000
Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

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Project No. 1211.001
Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2000 MB ACTIA-25 Design 03/22/12 03/22/12
Agreement
Expiration
Date
$ 2,765,000
2000 MB ACTIA 25 Design 04/28/22 03/22/12 $ 488,000
2000 MB ACTIA-25 Right-of-Way 04/28/22 07/01/22 $ 1,667,000 2000 MB ACTIA-25 Construction 04/28/22 07/01/22 $ 11,134,000 CMA-TIP CMA-TIP Construction 03/22/12 07/01/22 $ 630,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 16,064,000 Agreement Expiration Date: December 31, 2025
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

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Project No. 1211.001
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below for each fund source indicated.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
2000 MB
1 FY 23/24 1 2000 MB $ 3,000,000 $ 3,000,000
2 FY 23/24 2 2000 MB $ 1,000,000 $ 4,000,000
3 FY 23/24 3 2000 MB $ 1,500,000 $ 4,500,000
4 FY 23/24 4 2000 MB $ 1,500,000 $ 6,000,000
5 FY 24/25 1 2000 MB $ 2,000,000 $ 8,000,000
6 FY 24/25 2 2000 MB $ 2,000,000 $ 10,000,000
7 FY 24/25 3 2000 MB $ 2,000,000 $ 12,000,000
8 FY 24/25 4 2000 MB $ 2,000,000 $ 14,000,000
9 FY 25/26 1 2000 MB $ 2,000,000 $ 16,000,000
10 FY 25/26 2 2000 MB $ 54,000 $ 16,054,000

CMA-TIP
1 FY 23/24 3 CMA-TIP $ 150,000 $150,000
2 FY 23/24 4 CMA-TIP $ 50,000 $ 200,000
3 FY 24/25 1 CMA-TIP $ 65,000 $ 265,000
4 FY 24/25 2 CMA-TIP $ 65,000 $ 330,000
5 FY 24/25 3 CMA-TIP $ 100,000 $ 430,000
6 FY 24/25 4 CMA-TIP $ 100,000 $ 530,000
7 FY 25/26 1 CMA-TIP $ 100,000 $ 630,000
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

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Project No. 1211.001
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐
Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31st
By July 31st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☐
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
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Project No. 1211.001
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
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Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Reports Per Appendix C
Local Business Contract Equity Program Reporting See Appendix D Copy of Final Plans and Specifications June 30, 2024
Copy of Right-of-Way Certification July 31, 2024
Copy of Request for Proposal/Construction Advertisement October 31, 2024 Final Invoice By the Agreement
Expiration Date
Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

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Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.

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Project No. 1211.001
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix G is Not Applicable.

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Item  D. 17.

DATE 11/09/2023
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT    Adopt a resolution authorizing a 5.0% increase to the solid waste collection, recycling and organics services maximum rates for Calendar Year 2024
SUMMARY AND RECOMMENDATION
Republic Services, Inc. provides the City of Newark's solid waste collection, recycling and organics collection services and BLT Enterprises of Fremont, LLC provides the City's waste transfer services.  The City's agreements with Republic Services and BLT Enterprises include an annual rate adjustment provision based on a prescribed index-based methodology.  Maximum rate limits are set annually by the City using this methodology, with final rates determined by Republic Services.  The total proposed rate increase is 5.0% and would be effective January 1, 2024.

Staff recommends that the City Council, by resolution, authorize a 5.0% increase to the maximum limit for rates for solid waste collection, recycling and organics services for Calendar Year 2024.

BACKGROUND
The City of Newark has a contract with Republic Services, Inc. to provide the City's solid waste collection, recycling and organics collection services.  This is a 10-year agreement that was executed in 2023.  The City also has a contract with BLT Enterprises of Fremont, LLC to provide the City's waste transfer services.  This is a 30-year contract that was executed in 2007.  The City's agreements with Republic Services and BLT Enterprises include an annual rate adjustment provision.  This annual adjustment is called the index-based adjustment and involves applying prescribed formulas to calculate rate adjustments due to changes in specific indices.

These indices include: (1) A Consumer Price Index (CPI) for Water and Sewer and Trash Collection, which was 5.32% for the period between August 2022 and August 2023; (2) A Compressed Natural Gas Service Index which was 3.55% for the same period; and (3) An increase of the disposal costs at the Fremont Transfer Station (BLT), which is estimated at 4.95% for this rate period.

DISCUSSION/ANALYSIS
Maximum rate limits are set annually by the City using the index-based adjustment Packet Page 464
Maximum rate limits are set annually by the City using the index-based adjustment methodology, with the final rate determined by Republic Services.  The total proposed rate increase, after applying the current rate indices listed above, is 5.20%.

However, the contract limits the increase to no more than 5.0% per calendar year, while the remaining increase of 0.20% will be reflected ("carried forward") to the following rate period. The proposed rate will be effective on January 1, 2024.  Last year's rate increase using the same methodology was 3.7%.

The attachment, "New Exhibit L," shows proposed rates for 2024.  The majority of residential households (approximately 75%) subscribe to the 32-gallon cart size and will see an increase of $2.05 per month.  Approximately 33% of commercial customers use a 3-yard bin.  For once-a-week pick-up service, the proposed increase is $21.98 per month.  Below is a sample of the difference between the 2023 and 2024 rates:

Service 2023 Rates 2024 Rates Proposed Increase
Residential 32-Gallon
Cart $41.00 $43.05 $2.05
Residential 64-Gallon
Cart $72.62 $76.25 $3.63
Commercial 3 Yd/ 1
per week $439.60 $461.58 $21.98
Commercial 2 Yd/ 2
per week $634.29 $666.00 $31.71
The maximum limit for rates for solid waste collection, recycling and organics services for Calendar Year 2024 are based on the proposed rate increase of 5.0% over Calendar Year 2023.

For comparison purposes, Fremont's current rates are $42.23 per month for 32-gallon residential service and $258.79 per month for 3-yard commercial service.  Fremont is anticipating a 5% to 8% increase in rates starting January 1, 2024.  Union City's current rates are $42.00 per month for 35-gallon residential services and $457.23 per month for 3-yard commercial service.  Union City's next rate adjustment will occur in July 2024.

FISCAL IMPACT
The maximum rate adjustment for Calendar Year 2024 has no direct fiscal impact on the City of Newark's budget.

REVIEW AND APPROVAL
Prepared by - Brett Oeverndiek, Management Analyst II
Submitted for - James Scanlin, Environmental Services Manager Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Packet Page 465
Attachments
Resolution
New Exhibit L - 2024 Maximum Rates
Packet Page 466
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING A 5.0% INCREASE TO THE

MAXIMUM LIMIT FOR RATES FOR SOLID WASTE

COLLECTION, RECYCLING AND ORGANICS SERVICES
FOR CALENDAR YEAR 2024
WHEREAS, the Agreement between the City of Newark and Allied Waste Services of North America (Republic Services) for the collection of solid waste and recycling services dated June 1, 2023 provides for an annual rate adjustment effective January 1 of each year; and WHEREAS, the Franchise Agreement with Republic Services includes an annual indexbased adjustment that involves applying prescribed formulas to calculate rate adjustments due to changes in specific indices including Consumer Price Index for water and sewer and trash collection, a compressed natural gas service index, and an increase in disposal costs at the Fremont Transfer Station; and
WHEREAS, Staff, using the index­based adjustment methodology identified above, determined that the total proposed rate increase is 5.20%, with a contracted cap of 5.0%.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newark that, in accordance with the Franchise Agreement, dated June 1, 2023, between the City of Newark and Republic Services for solid waste collection, recycling and organics services, and pursuant to the Newark Municipal Code, fees and rates for solid waste collection, recycling and organics services shall not exceed that established in New Exhibit L attached hereto and incorporated herein by reference, which is made a part hereof as though set forth at length; BE IT FURTHER RESOLVED that any portion of Resolution No. 11,492 setting maximum for fees and rates for solid waste collection, recycling and organics services is hereby rescinded and that if any provisions contained herein are found to be in conflict with provisions of Resolution No. 11,492 or any other previous resolution, the provisions herein shall prevail.

Packet Page 467
Schedule E
Maximum Rates Approved by City for Rate Period Two
(Effective January 1, 2024)
A.
20 GAL 32 GAL 64 GAL 96 GAL
$38.75 $43.05 $76.25 $109.44
$32.93 $36.61 $64.81 $93.00
n/a $25.84 $45.73 $65.60
n/a n/a $10.76 n/a
n/a n/a $6.47 n/a
20 GAL 32 GAL 64 GAL 96 GAL
$58.11 $64.58 $114.39 $164.15
$49.38 $54.87 $97.23 $139.51
n/a $38.76 $68.60 $98.43
n/a n/a $38.76 n/a
n/a n/a $38.76 n/a

NEW EXHIBIT L
All references to Contractor and the Maximum Rates established herein are as a result of City’s contract for collection of garbage, recyclables, and organic materials and shall be deemed Maximum Rates as established by City effective June 1, 2023.

SINGLE-FAMILY CART SERVICE
Single-Family Customers include single-family premises and each unit of a duplex, triplex, townhouse or condominium which receives individual Cart collection services.

CURBSIDE SERVICES

CONTAINER SIZE
(A) Basic Service
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor. Customers may select their level of refuse service according to the container options available. All customers will be issued a 64‑gallon container for yardwaste and food scraps collection and a 64-gallon container for recyclables collection. (B) Lifeline and Senior Rates

CONTAINER SIZE
(A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*Backyard services are available for an additional cost. Drivers cannot services containers behind locked gates or structures. Disabled residents may apply for an exemption from the additional fee. (A) Basic Service
(B) Lifeline/Senior Rate
(C) Extra Solid Waste Cart
(D) Extra Yardwaste Cart
(E) Extra Recyclables Cart
*BACKYARD SERVICES
Weekly curbside collection of refuse, recyclables and yard waste in containers provided by the Contractor. Customers may select their level of refuse service according to the container options available. All customers will be issued a 64‑gallon container for yardwaste and food scraps collection and a 64-gallon container for recyclables collection. These rates will be available for eligible, low-income customers demonstrating that they receive assistance under PG&E’s Low Income Rate Payer Assistance program. These rates will also be available for senior citizens, age 65 and above. (C,D,E) Additional Containers
Customers may subscribe to additional weekly refuse, yard waste or recycling service by requesting one or more extra Carts in the sizes listed above.

Packet Page 468
Schedule E
Maximum Rates Approved by City for Rate Period Two

NEW EXHIBIT L
B.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $32.78 $66.87 $102.26 $138.96 $177.00 $216.32 64-Gallons Refuse $58.02 $118.36 $181.00 $245.99 $313.31 $382.89 96-Gallons Refuse $83.27 $169.84 $259.76 $353.00 $449.56 $549.47 32-Gallons Recyclables $16.38 $33.42 $51.16 $69.49 $88.50 $108.17 64-Gallons Recyclables $28.99 $59.17 $90.51 $122.99 $156.65 $191.47 96-Gallons Recyclables $41.64 $84.93 $129.90 $176.51 $224.77 $274.74 32-Gallons Yardwaste $24.59 $50.15 $76.70 $104.24 $132.74 n/a 64-Gallons Yardwaste $43.50 $88.78 $135.74 $184.50 $234.96 n/a 96-Gallons Yardwaste $62.45 $127.39 $194.81 $264.73 $337.20 n/a C.
1X 2X 3X 4X 5X 6X
$174.47 $355.81 $544.35 $739.53 $942.11 $1,151.21
$326.49 $666.00 $892.27 $1,384.27 $1,763.00 $2,154.76
$461.58 $860.07 $1,258.76 $1,846.25 $2,307.82 $2,769.34 $604.82 $1,136.28 $1,667.96 $2,419.27 $3,024.11 $3,628.89 $903.81 $1,701.21 $2,498.46 $3,615.15 $4,518.96 $5,422.75 $1,036.79 $1,967.03 $3,110.33 $4,147.10 $5,183.85 $6,220.65 1X 2X 3X 4X 5X 6X
$69.79 $142.34 $217.74 $295.82 $376.85 $460.50
$130.62 $266.41 $356.90 $553.71 $705.19 $861.89
$184.61 $344.02 $503.51 $738.50 $923.11 $1,107.73
$241.94 $454.52 $667.19 $967.72 $1,209.65 $1,451.55
$361.52 $680.48 $999.38 $1,446.06 $1,807.60 $2,169.10
$414.73 $786.80 $1,244.13 $1,658.84 $2,073.55 $2,488.26 1X 2X 3X 4X 5X 6X
$130.84 $266.87 $408.24 $554.66 $706.58 $0.00
$244.87 $499.51 $669.19 $1,038.20 $1,322.22 $0.00
$346.17 $645.09 $944.07 $1,384.69 $1,730.84 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table.

YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
7 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container
RECYCLING BINS**
Multi-Family Customers include any Residential premises (other than Single-Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single-Family Premises and charged Single-Family Rates.

CART SIZE MATERIAL

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container

COLLECTIONS PER WEEK

MULTI-FAMILY FRONT-LOAD BIN AND COMPACTOR SERVICE
Multi-Family Customers include any Residential premises (other than Single-Family Premises), which have centralized collection services. Each unit of a duplex, triplex, townhouse or condominium that receives individual collection services is considered a Single-Family Premises and charged Single-Family Rates.

REFUSE BINS*

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container

MULTI-FAMILY CART SERVICE

Packet Page 469
Schedule E
Maximum Rates Approved by City for Rate Period Two

NEW EXHIBIT L
D.
1X 2X 3X 4X 5X 6X
32-Gallons Refuse $32.78 $66.87 $102.26 $138.96 $177.00 $216.32 64-Gallons Refuse $58.02 $118.36 $181.00 $245.99 $313.31 $382.89 96-Gallons Refuse $83.27 $169.84 $259.76 $353.00 $449.56 $549.47 32-Gallons Recyclables $16.38 $33.42 $51.16 $69.49 $88.50 $108.17 64-Gallons Recyclables $28.99 $59.17 $90.51 $122.99 $156.65 $191.47 96-Gallons Recyclables $41.64 $84.93 $129.90 $176.51 $224.77 $274.74 32-Gallons Yardwaste $24.59 $50.15 $76.70 $104.24 $132.74 n/a 64-Gallons Yardwaste $43.50 $88.78 $135.74 $184.50 $234.96 n/a 96-Gallons Yardwaste $62.45 $127.39 $194.81 $264.73 $337.20 n/a E.
1X 2X 3X 4X 5X 6X
$174.47 $355.81 $544.35 $739.53 $942.11 $1,151.21
$326.49 $666.00 $892.27 $1,384.27 $1,763.00 $2,154.76
$461.58 $860.07 $1,258.76 $1,846.25 $2,307.82 $2,769.34 $604.82 $1,136.28 $1,667.96 $2,419.27 $3,024.11 $3,628.89 $903.81 $1,701.21 $2,498.46 $3,615.15 $4,518.96 $5,422.75 $1,036.79 $1,967.03 $3,110.33 $4,147.10 $5,183.85 $6,220.65 1X 2X 3X 4X 5X 6X
$69.79 $142.34 $217.74 $295.82 $376.85 $460.50
$130.60 $266.41 $356.90 $553.71 $705.19 $861.89
$184.61 $344.02 $503.51 $738.50 $923.11 $1,107.73
$241.94 $417.27 $667.19 $967.72 $1,209.65 $1,451.55
$361.52 $680.48 $999.38 $1,446.06 $1,807.60 $2,169.10
$414.73 $786.80 $1,244.13 $1,658.84 $2,073.55 $2,488.26 1X 2X 3X 4X 5X 6X
$130.84 $266.87 $408.24 $554.66 $706.58 $0.00
$244.87 $499.51 $669.19 $1,038.20 $1,322.22 $0.00
$346.17 $645.09 $944.07 $1,384.69 $1,730.84 $0.00
*Customer owned front-load refuse compactors will be charged 2 times the refuse bin rates listed in the above table. **Customer owned front-load recycling compactors will be charged 50% of the refuse bin rates listed the above table. 3 cubic yard container
6 cubic yard container
7 cubic yard container
YARD WASTE BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
RECYCLING BINS**

COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
1 cubic yard container
2 cubic yard container
3 cubic yard container
4 cubic yard container
6 cubic yard container
7 cubic yard container

COMMERCIAL FRONT-LOAD BIN AND COMPACTOR SERVICE
REFUSE BINS*

COLLECTIONS PER WEEK

COMMERCIAL CART SERVICE

CART SIZE MATERIAL

COLLECTIONS PER WEEK

Packet Page 470
Schedule E
Maximum Rates Approved by City for Rate Period Two

NEW EXHIBIT L
F.
1X 2X 3X 4X 5X 6X
$167.96 $342.52 $524.01 $711.90 $906.90 $1,108.19
$314.29 $641.13 $858.92 $1,332.57 $1,697.14 $2,074.29
$55.85 $113.93 $174.24 $236.81 $301.58 $368.58
G.

Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

2.0 $613.53 n/a n/a

2.0 $613.53 $306.75 $460.11

3.0 $775.46 $387.74 $581.61

5.0 $1,099.39 $549.71 $824.54

6.0 $1,261.34 $630.69 $946.03
n.a. $161.99 $97.09 $97.09
Tonnage Limit
Per Pick-Up* REFUSE RECYCLING YARDWASTE

1.2 $534.14 $267.08 $400.59

3.0 $1,068.28 $534.14 $801.21

4.0 $1,424.36 $712.16 $1,068.28

5.0 $1,780.43 $890.23 $1,335.34

6.0 $2,136.53 $1,068.28 $1,602.41
35 cubic yard Compactor 7.0 $2,492.64 $1,246.34 $1,869.47

8.0 $2,848.72 $1,424.36 $2,136.53
n.a. $161.99 $97.09 $97.09
If tonnage collected is greater than the tonnage limit listed in the above table, contractor may charge for tonnage in excess of the tonnage limit at the per-ton rate specified.

H.

MATERIAL BASE RATE
PER PICK-UP PER TON RATE*
Dirt $381.62 $63.45
Concrete $381.62 $63.45
Wood $381.62 $90.63
Wood $381.62 $90.63
Wood $381.62 $90.63
Wood $381.62 $90.63
Recyclable C&D $381.62 $118.43
Recyclable C&D $381.62 $118.43
Recyclable C&D $381.62 $118.43
Recyclable C&D $381.62 $118.43
*Contractor will charge customer for actual tonnage collected at the per-ton rate listed in the above table. 20 cubic yard Drop Box
30 cubic yard Drop Box
40 cubic yard Drop Box
40 cubic yard Drop Box
14 cubic yard Drop Box

DROP BOX SIZES
6 cubic yard Drop Box
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box
30 cubic yard Drop Box
20 cubic yard Compactor
25 cubic yard Compactor
30 cubic yard Compactor
40 cubic yard Compactor
Excess Tonnage Rate

CONSTRUCTION AND DEMOLITION DEBRIS BOX SERVICE
30 cubic yard Drop Box
40 cubic yard Drop Box
Excess Tonnage Rate

CUSTOMER-OWNED

COMPACTORS
6 cubic yard Compactor
15 cubic yard Compactor

DROP BOX CONTAINERS AND COMPACTOR SERVICES

DROP BOX SIZES
6 cubic yard Drop Box
14 cubic yard Drop Box
20 cubic yard Drop Box

COMMERCIAL ORGANIC SERVICES & RATES
REFUSE BINS* COLLECTIONS PER WEEK
1 cubic yard container
2 cubic yard container
32 or 64 Gallon Commercial

Packet Page 471
Schedule E
Maximum Rates Approved by City for Rate Period Two

NEW EXHIBIT L
I.

RATE
$15.51
$15.51
$116.52
$116.52
$77.66
$46.58
$194.19
$132.05
$31.07
$9.00
$38.68
$19.33
$29.00
$46.58
$132.05
$36.63
$100.99
$132.05
$132.05
$161.99
$97.09
$97.09
$46.58

1.50%
$46.58
$47.45
$23.74
$32.41
$64.74
$96.06
$126.56
$189.74
$221.44
$253.06
Overflow extra yard charge
Contamination charge (after issuance of warning notices) Contamination charge (after issuance of warning notices) for regular bin service - 1 cu Contamination charge (after issuance of warning notices) for regular bin service - 2 cu Contamination charge (after issuance of warning notices) for regular bin service - 3 cu Contamination charge (after issuance of warning notices) for regular bin service - 4 cu Contamination charge (after issuance of warning notices) for regular bin service - 6 cu Contamination charge (after issuance of warning notices) for regular bin service - 7 cu Contamination charge (after issuance of warning notices) for regular bin service - 8 cu Restart charge after 120-days late and service reduction Late charge after 60-days past due
Insuffucient funds charge
Drop box placement charge
Drop box relocation charge
Drop box cancellation service
Drop box overage charge - Refuse (For Each Ton In Excess of Limits) Drop box overage charge - Recyclables (For Each Ton In Excess of Limits) Drop box overage charge - Yardwaste (For Each Ton In Excess of Limits) Bin Lock Installation (new lock) per container, per occurrence Container relocation charge per container, per occurrence Daily drop box demurrage charge (rental charge if customer keeps Box longer than 7-days without pick-up or return)
Hourly Trip Charge (if driver must return due to Customer/Generator error, such as failure to place Container at point of Collection before Collection time, overfilled Container, incorrect Container placement, contaminated materials) Push/pull charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Lock/unlock charge (Per- Mo, Per-50 Ft, Per Cart, Per Pick-up) Extra refuse bin collection (per cubic yard rate per pick-up) Extra recycling bin collections (per cubic yard rate per pick-up) Extra yard waste bin collections (per cubic yard rate per pick-up) Extra On-Call Bulky Cleanup (more than three per year)
Cart replacement cost (more than once per year)
Cart delivery/pick-up (more than once per year)
Lost lock per container, per occurrence
Steam cleaning Bin/Cart (charge per visit)

ADDITIONAL SERVICES & RATES

ADDITIONAL SERVICES
Cost of pre-paid solid waste overage bags
Cost of pre-paid yardwaste overage bags

Packet Page 472
Item  F. 1.

DATE 11/09/2023
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Administrative Analyst
SUBJECT    Presentation of the draft Public Art Master Plan update and Council input
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive a presentation on the draft Public Art Master Plan update. The presentation will focus on the recurring themes and recommendations.  Feedback provided by the City Council will then be incorporated into a final plan that will be considered by the Council in early 2024.

BACKGROUND
In 2001, City Council approved the City's first Public Art Master Plan (Plan). After more than two decades, staff began the process to update the Plan. In September 2022, proposals were requested from qualified consultants and Gail M. Goldman with Art Builds Community was selected for the Plan update project in November 2022.

Between December 2022 and June 2023, Gail M. Goldman Associates and Art Builds Community conducted robust and diverse community engagement outreach. The community engagement strategy included stakeholder meetings, focus groups, an online survey, a community meeting, and artist led pop-ups. The feedback received from the community was key in the development of the Plan update.

DISCUSSION/ANALYSIS
The purpose of updating the Plan is to provide a comprehensive guide to develop, administer and maintain a vibrant and inspiring public art program in the City of Newark. The Plan is intended to provide clear direction, with flexibility, and a vision for public art in Newark. From the various community engagement efforts, five recurring themes evolved:

1. Identity and Civic Pride: Use public art to set Newark apart from surrounding communities.

2. Accessibility and Public Education: Locate high quality art throughout Newark, ensuring that is fully accessible to the public.

3. Local Artists: Support and increase visibility of local artists and creative entrepreneurs.

Packet Page 473

4. Administration and Collection Management: Promote the implementation of the Public Arts Master Plan.

5. Funding: Ensure that the Art in Public Places fund has sufficient dollars to support public art and other arts initiatives.

The final Plan update will identify several recommendations within each theme, and suggest a first year implementation plan. Highlighted below are five of the recommendations, some of which will require City Council action in order to ensure successful implementation of the Plan:

1. Establish a Public Art Committee appointed by the Mayor with approval of the City Council to advise on and advocate for public art.

2. Provide adequate resources to administer the Public Art Program.

3. Adopt policies and procedures for the deaccession of artwork, donations and loans of artwork, memorials, and temporary art to meet industry standards for effective public art management.

4. Change the Art in Public Places fee from a square footage based formula to a formula based of the building permit valuation for certain residential, commercial, and industrial developments requiring a building permit.

5. Utilize Capital Improvement Program funds for eligible projects.

The presentation by Gail M. Goldman and Art Builds Community will provide an overview of the community engagement process and the recurring themes and recommendations. Following this presentation, the consultant will incorporate feedback from City Council into the final draft. It is anticipated that the final draft be presented to City Council for consideration in early 2024.

FISCAL IMPACT
There is no fiscal impact associated with this item.

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Senior Management Analyst
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation
Packet Page 474
City of Newark
Public Art Master
Plan Update
City Council
November 9, 2023
Gail M. Goldman Associates
with Art Builds Community
1 Packet Page 475
Vision
All residents and visitors in Newark experience public art as part of their daily lives and throughout all neighborhoods, celebrating the city’s history, people, natural environment, and culture.

Gail M. Goldman
Project Lead
Amanda Rawson
Project Manager
Quynh-Mai Nguyen
Community Engagement
Barbara Goldstein
Policy and Funding
Gail M. Goldman Associates Art Builds Community
Consultants
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FOCUS GROUPS
• Seniors Focus Group at Clark W. Redecker Newark
Senior Center on February 23
• Promotores Focus Group at The Silliman Activity and
Family Aquatic Center on February 24
• Teen Focus Group at The Silliman Activity and Family
Aquatic Center on February 24
• Merchants Focus Group at Lion Center Plaza on
March 23
• Artists Focus Group at Newark Library on May 17
• Community Meeting at Newark Library on May 17
Teen Focus Group idea for Gateway
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POP-UPS
• Family Fun Run on March 24
• Family Day at the Park on April 1
• Newark Library on May 13
• Music at the Grove on June 16
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Community
Engagement
& Public
Participation
• Online from March 1- June 30
• Available in English and Spanish
• 266 participated in the survey
• Survey announced on:
o PAMP webpage
o Community event calendars
o City's quarterly newsletter
o Email blasts
o Flyers
o Bookmarks
SURVEY
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RECURRING THEMES &

RECOMMENDATIONS

IDENTITY & CIVIC PRIDE
Use public art to set Newark apart from
surrounding communities.
• Gateways
• Temporary art
• Planning documents
• Vacant storefronts
• Streetscapes and walkable pathways

GATEWAY
Passage, Susan Zoccola, Palo Alto

STREETSCAPE
Screen People Panel, CJ Renner and
Heather Renaux, Hopkins MN. Streetscape

TRASH RECEPTICLE
Traceries, Mary Bates Neubauer, Scottsdale
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Recommendations

ACCESSIBILITY & PUBLIC EDUCATION
Locate high quality art throughout Newark,
ensuring that it is fully accessible to the public. • Accessibility • Reflect Newark’s history and demographics • Celebrate nature and the natural environment • Rotating art on private property • Community education and outreach
NATURE
Methanogen Polyptych,
Buster Simpson, San Jose

ENVIRONMENTAL
Salmon Bone Bridge,
Lorna Jordan, Seattle

LOCAL HISTORY
Portrait of Lawson McGhee,
John Kelley, Knoxville
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Recommendations

LOCAL ARTISTS
Support and increase the visibility of local
artists and creative entrepreneurs.
• Community arts center
• Professional development
• Annual Open Studios event
• Art fairs
• Changing exhibitions

ART CENTER
Chicago Firehouse Art Center

ART FAIR
SJMade Art Fair, San Jose

ARTIST IN RESIDENCE
Weaving Workshop, NYC
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Recommendations

ADMINISTRATION AND COLLECTION MANAGEMENT
Promote the implementation of the Public Art
Master Plan.
• Staffing the Public Art Program
• Organizational Structure
• Public Art Committee
• Annual Public Art Workplan
• Artist and Artwork Selection
Guidelines
• Collection management
• Policies and procedures
COMMUNITY MURAL Rafael Lopez, San Diego
PAINTED STAIRS Jessie and Katey, Boone, N.C. MURAL CONSERVATION EverGreene Architectural Art, Indio (CA)
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Recommendations

FUNDING STRATEGIES
Ensure that the Public Art Fund has sufficient dollars
to support public art and other arts initiatives.
• Public Art Fund
• City Capital Improvement Projects
• Private Development Projects
• General Fund

PRIVATE DEVELOIPMENT
Wonderland, Jaume Plensa, Calgary

UTILITY BOX
Rebecca Harrison, Omaha

STREETSCAPE
Tree of Life, David Dahquist, Omaha
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DRAFT FIRST YEAR
Implementation Plan • Administration
Establish Public Art Committee • CIP / Gateway
Old Town Streetscape • CIP
Central Avenue Overpass Project • Other Projects
Utility Boxes, Trash Receptacles • Local Artists
Meet & Greet, Annual Open Studios, Artists
Directory

PLAYGROUND
Tom Otterness NYC

BOLLARDS
Whimsy and Wise, Brad
Oldham, Palo Alto

CIVIC CENTER
Her Secret is Patience, Janet
Echelman, Phoenix
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