March 11, 2025
Library and Community Services
DATE: March 11, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Sam Vaughn, Deputy Director of Community Services – Office of Neighborhood Safety
Subject:
Grant Award from the Chevron Community Engagement
Foundation
FINANCIAL IMPACT: The receipt of this grant will provide $35,000 to the Office of Neighborhood Safety to enhance street
outreach/mobile crises response.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City staff is requesting acceptance and appropriation of the grant award from the Chevron Community
Engagement Foundation in the amount of $35,000 to
enhance Street Outreach/Mobile Crises response to
Richmond citizens in need and provide necessities for
participants.
RECOMMENDED ACTION:
ADOPT a resolution to ACCEPT and APPROPRIATE a
grant award from the Chevron Community Engagement
Foundation for the Office of Neighborhood Safety (ONS)
to Enhance Street Outreach/Mobile Crises Response –
Community Services Department (Sam Vaughn 510-620-
5404)
AGENDA
REPORT
180
March 11, 2025
DISCUSSION:
The City of Richmond Office of Neighborhood Safety (ONS) has been awarded a grant in the amount of $35,000. This grant has been provided by the Chevron Community Engagement Foundation. These funds will be used to enhance Street Outreach/Mobile crisis response to Richmond citizens in need and provide necessities for participants ranging from supportive and connective services, such as groceries, emergency housing, transportation cards, clothing, hygiene items, acquiring official government documents or identification materials, etc. The grant funds will help support the work being done by the recently established Community Crisis Response Program (CCRP).
CCRP will provide community-focused, trauma-informed, and healing-centered responses to Richmond residents when needed. By utilizing mobile community responders with strong ties and connections to Richmond, residents will receive crisis support from responders who can respond in a respectful and non-stigmatizing manner.
DOCUMENTS ATTACHED:
Attachment 1 – Grant Award Letter
Attachment 2 – Resolution
181
Chevron
Lily Rahnema
Community Engagement Manager
December 12, 2024
Sam Vaughn
Deputy Director
City of Richmond - Office of Neighborhood Safety
440 Civic Center Plaza
Richmond, CA 94804
Dear Sam,
As an expression of our Chevron Way values, Chevron Richmond believes supporting local communities is our responsibility as a good neighbor. We are committed to making social investments that will expand economic development and improve social well-being through capacity building and community investment. We focus on funding results-oriented organizations, enabling our contributions to have a greater impact in the community. Last year, we contributed over $2.3 million to organizations dedicated to improving the quality of life in Richmond and West Contra Costa County.
We recognize your organization plays a key role in the Richmond and West Contra Costa communities and we welcome the opportunity to partner with you. We are pleased to award you a check in the amount of $35,000 in support of Operation Peacemaker Fellowship.
In order for Chevron to comply with the Revenue Reconciliation Act of 1993, you must acknowledge this contribution by completing the attached form within 15 days of receipt and returning the form.
Likewise, by accepting this grant sponsorship you also acknowledge that Chevron shall be permitted and retains a right to refer to City of Richmond - Office of Neighborhood Safety and/or use City of Richmond - Office of Neighborhood Safety trademarks to identify City of Richmond - Office of Neighborhood Safety as the beneficiary and recipient of the Grant Funds. Please acknowledge receipt of this check by signing this letter on the signature line below and returning a scanned copy to [email protected] or via mail to: Chevron Products Company, Attention: Veronica Robles, 841 Chevron Way-TC 341, Richmond, CA 94801.
• ·srme
Sincerely,
Lily Rahnema
Richmond Refinery
Chevron U.S.A. Inc.
841 Chevron Way
Richmond, CA 94801
Tel 510 242 5403
[email protected]
;'(ecfo/
182
Reso. No. _____
DocID #36526v1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, ACCEPTING AND APPROPRIATING THE GRANT AWARD
PROVIDED BY THE CHEVRON COMMUNITY ENGAGEMENT FOUNDATION IN THE AMOUNT OF $35,000.
WHEREAS Chevron Richmond, through their Community Engagement Foundation, has awarded the City of Richmond’s Office of Neighborhood Safety (ONS) grant funds in the amount of $35,000; and
WHEREAS ONS intends to use the grant funds to enhance Street Outreach and Mobile Crisis Response in an effort to provide Richmond residents in crisis with the appropriate care and necessities they require.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts and appropriates the grant award from the Chevron Community Engagement Foundation in the amount of $35,000 to ONS to provide community-focused, trauma-informed, and healing-centered responses to Richmond residents when needed to support the ONS mission to enhance street outreach and mobile crisis response supported by the Community Crisis Response Program.
BE IT FURTHER RESOLVED that the City/ONS agrees to the terms required by the Chevron Community Engagement Foundation to fulfill the obligations of this grant award.
******************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on _________, 2025, by the following vote:
AYES: AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
183
Reso. No. _____
DocID #36526v1
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
184
March 11, 2025
Public Works
DATE: March 11, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, PE, Senior Civil Engineer
Subject:
Approval of OBAG3 Grant Appropriation and Contract
Award for McBryde Avenue Improvement Project
FINANCIAL IMPACT: The City has been awarded grant funding from One Bay Area Grant 3 (OBAG3) in the amount of $1,028,000 for
design and construction of the McBryde Avenue
Improvement Project. Additional funding is also available in the amount of $260,000 from the General Capital
Fund. Total funds presently committed for this project are $1,288,000. This contract is fully funded by OBAG3.
(Account String: 15436431-400733-23039, 20136031-
400733-23039)
PREVIOUS COUNCIL
ACTION:
December 20, 2022
STATEMENT OF THE
ISSUE:
City staff are seeking City Council approval to accept and appropriate OBAG3 Grant funds for the McBryde Avenue
Improvement Project and award a contract for
engineering design services for the McBryde Avenue
Improvement Project to BKF Engineers in an amount not
to exceed $560,000, which includes a contract amount of $539,200 plus a contingency in the amount of $20,800.
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE One Bay Area Grant 3 (OBAG3) Grant funds in the
amount of $1,028,000 for the McBryde Avenue
Improvement Project; AUTHORIZE the City Manager or
AGENDA
REPORT
185
March 11, 2025
her designee to execute a contract with BKF Engineers
for engineering design services for the McBryde Avenue
Improvement Project in a not-to-exceed amount of
$539,200, with a contract term from February 25, 2025,
through December 31, 2026; and AUTHORIZE the Public
Works Director to approve a contingency amount of up to $20,800 to facilitate project completion – Public Works Department (Hillal Hamdan 510-621-1612 / Robert
Armijo 510-620-5477 / Daniel Chavarria 510-620-5478).
DISCUSSION
McBryde Avenue is identified in Richmond’s Bicycle Master Plan as a key bike route connecting neighborhoods to Wildcat Canyon Regional Park and existing bikeways, including 37th Street. The McBryde Avenue Improvement Project (Project) will enhance multimodal transportation, improve safety, and create a more accessible corridor for all users. This Project repurposes vehicle lanes to include protected bike lanes, buffered zones, and upgraded pedestrian infrastructure. Key features include lane reductions, curb ramp upgrades, high -visibility crosswalks, sidewalk extensions, realigned intersections, and a traffic circle to improve pedestrian pathways. New street trees will also enhance the corridor’s aesthetics and environmental impact.
On January 26, 2022, the Metropolitan Transportation Commission (MTC) adopted Resolution 4505 awarding the City of Richmond One Bay Area Grant 3 (OBAG3) grant funding in the amount of $1,028,000 for the McBryde Avenue Safe Routes to Parks Project to be funded in fiscal years 2022-23 through 2025-26 (Attachment 1).
On November 1, 2024, City staff issued a Request for Proposals (RFP) for engineering design services for the Project (Attachment 4). In response to the RFP, staff received three proposals from qualified engineering firms. A panel of public works staff members who possess the technical and engineering expertise to effectively evaluate engineering proposals reviewed the proposals. Selection criteria included relevant project experience, understanding of the scope of work, ability to meet the deadline, and capacity to operate within budget.
The panel identified BKF Engineers as the best fit for engineering design services based upon their expertise in similar projects, their deep understanding of the project scope of work and approach to completing the project, and their emphasis on a strong community engagement process.
Consulting
Firms
Rater
1 Rater
2 Rater
3 1. BKF 96 96 98
2. CSG 91 92 95
186
March 11, 2025
3. CSWST2 88 88 94
In conclusion, City staff is seeking approval of a resolution to accept and appropriate the grant awarded by OBAG3 in the amount of $1,028,000 for the McBryde Avenue Improvement Project, to amend the Engineering 2024-25 fiscal year budget, and authorize the City Manager or her designee to execute a contract with BKF Engineers for a total not-to-exceed amount of $539,200, and authorize the Public Works Director to approve any amendments to the contract, if necessary, for a contingency up to an amount of $20,800 to facilitate project completion.
DOCUMENTS ATTACHED:
Attachment 1 – OBAG3 Grant Award Resolution 4505
Attachment 2 – Resolution
Attachment 3 – Proposed Contract
Attachment 4 – Request For Proposal
Attachment 5 – Bid Summary
Attachment 6 – Project Area Map
Attachment 7 – Project Concept Map
187
Date: January 26, 2022
W.I.: 1512
Referred by: PAC
Revised: 02/23/22-C 03/23/22-C 06/22/22-C
09/28/22-C 10/26/22-C 11/16/22-C
01/25/23-C 02/22/23-C 03/22/23-C
04/26/23-C 05/24/23-C 06/28/23-C
07/26/23-C 09/27/23-C 10/25/23-C
11/15/23-C 12/20/23-C 02/28/24-C
03/27/24-C 04/24/24-C 05/22/24-C
06/26/24-C 07/24/24-C 09/25/24-C
11/20/24-C 12/18/24-C
ABSTRACT
Resolution No. 4505, Revised
Adoption of the project selection and programming policies for the third round of the One Bay Area Grant program (OBAG 3). The project selection and programming policies contain the project categories that are to be funded with various fund sources, including federal surface transportation act funding assigned to MTC for programming, to implement the Regional Transportation Plan (Plan Bay Area 2050) and to be included in the federal Transportation Improvement Program (TIP) for the OBAG 3 funding delivery period.
The resolution includes the following attachments:
Attachment A – OBAG 3 Project Selection and Programming Policies Attachment B – OBAG 3 Project Lists
With the adoption of the project selection and programming policies, Attachments B-1 and B-2 program $8,300,000 to Regional Planning Activities, $37,200,000 for OBAG 3 Program and Project Implementation, and $4,000,000 for Program and Project Implementation for transit transformation activities within the Planning and Program Implementation Regional Program; and $35,157,000 for CTA Planning Activities within the Planning and Program Implementation County & Local Program.
On February 23, 2022, Attachment B-1 was revised to program $30,000,000 in OBAG 3 Regional Multimodal Systems Operations and Performance Program funds to the Clipper C2 Capital project as part of an alternative funding plan for the project’s Regional Measure 3 (RM3) funds.
188
ABSTRACT
MTC Resolution No. 4505, Revised
On March 23, 2022, Appendix A-1 was added to incorporate guidelines for the County and Local Program call for projects.
On June 22, 2022, Attachments A, B-1, B-2, and Appendix A-1 were revised to further define program categories and program $80,800,000 million to various projects within the Regional Program, including $31,600,000 for Transit Transformation Action Plan programs and $7 million for future SamTrans projects as part of a Caltrain right-of-way (ROW) repayment arrangement; program $11,762,000 for ongoing Safe Routes to School Non-Infrastructure programs within the County & Local Program; add $7,000,000 in additional anticipated revenues to the Regional Program; and clarify language related to local policy requirements and project eligibilities within the County & Local Program.
On September 28, 2022, Attachments B-1 and B-2 were revised to program $14,000,000 to 511 Traveler Information Services within the Regional Travel Demand Management (TDM) Program, $1,280,000 in the Regional Vision Zero/Safety Program for Local Roadway Safety Plan Development, $2,500,000 for Bay Trail Planning, Delivery, and Technical Assistance projects within the Regional Active Transportation Plan Implementation Program, and $86,900,000 to various projects within the Multimodal Systems Program; assign $7,000,000 in Multimodal Systems Program funds previously committed to SamTrans as part of MTC’s Caltrain Right-of-Way repayment to SamTrans’ Preventative Maintenance project; and add $620,000 in County & Local Program funds to San Mateo C/CAG’s Safe Routes to School Non- Infrastructure Program project.
On October 26, 2022, Attachments B-1 and B-2 were revised to program $43,800,000 within the Climate Initiatives Program, $25,000,000 within the Growth Framework Implementation program, $18,166,000 in County & Local Program for CTA Planning Activities, and $7,613,000 in County & Local Program funds to Alameda County Transportation Commission’s Safe Routes to School Non-Infrastructure Program.
On November 16, 2022, Attachment B-1 was revised to program $6,000,000 from the Regional Active Transportation Plan Implementation balance to two Bay Skyway projects: $1,900,000 to MTC’s West Oakland Link and $4,100,000 to SFCTA’s Yerba Buena Island Multi-Use Path.
On January 11, 2023, Attachments B-1 and B-2 and Appendix A were revised to program $301,682,000 in County & Local Program funds to various projects throughout the region, and 189
ABSTRACT
MTC Resolution No. 4505, Revised
$300,000 to MTC’s Active Transportation Technical Assistance Program within the Regional Complete Streets and Community Choice Program; and to clarify programming policy requirements for OBAG 3 projects involved in local fund exchanges.
On February 22, 2023, Attachment B-1 was revised to direct $20,000,000 within the Climate Initiatives program to MTC for Bay Wheels Bikeshare E-Bike Expansion; and revise the name of MTC’s Regional Carpool Program to Regional Carpool/Vanpool Program to reflect the full scope of the program.
On March 22, 2023, Attachments A, B-1, and B-2 were revised to change the fund source of $15,940,000 programmed to MTC’s Bay Wheels Bikeshare E-Bike Expansion from STP/CMAQ to non-federal funds in the MTC exchange program; reprogram $1,600,000 in Regional Commuter Benefits Program funds from MTC to the Bay Area Air Quality Management District; program $1,000,000 to Napa Valley Transportation Authority’s State Route 29 American Canyon Operational and Multimodal Improvements project; program $1.2 million within the Regional Forward Programs to MTC’s Bay Bridge Forward I-80/Powel Interchange Transit Access project; revise County & Local Program awards for Alameda County’s Mission Boulevard Phase III Corridor Improvements and Lafayette’s School Street Class I Multiuse Facility from $9,657,000 to $4,950,000 and $3,435,000 to $750,000, respectively; add $8,000,000 in additional anticipated revenues to the County & Local Program and $1 million to the Regional Program; and program $15,392,000 in available capacity to various projects on the County & Local Program contingency list.
On April 26, 2023, Attachment A was revised to clarify the County & Local Program programming requirements.
On May 24, 2023, Attachments B-1 and B-2 were revised to reprogram $750,000 in Regional Program funds from MTC’s Bay Trail Project Delivery to MTC’s Bay Trail Implementation, reprogram $23,800,000 to various projects and programs within the Climate Initiatives Program, reprogram $21,540 in County & Local Program funds from BART’s Elevator Modernization Phase 1.3 project to MTC’s Regional Carpool/Vanpool project, and revise the sponsor for Priority Development Area (PDA) Planning projects in both the County & Local and Regional Programs to MTC.
On June 28, 2023, Attachment B-1 was revised to program $17,000,000 in Regional Growth Framework Implementation funds to various Priority Development Area (PDA) Planning and 190
ABSTRACT
MTC Resolution No. 4505, Revised
Priority Production Area (PPA) Pilot projects; and program $2,844,000 in Regional Climate Initiatives funds to various Mobility Hub Planning and Parking Program Planning projects.
On July 26, 2023, Attachments B-1 and B-2 were revised to reflect the fund source change from STP to Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding for $16,727,000 as follows: $14,677,000 for MTC’s CTA Planning Activities Supplemental project within the County & Local Program; and $1,650,000 for MTC’s Community-Based Transportation Plans and $400,000 for MTC’s Local Roadway Safety Plan Development project within the Regional Complete Streets and Community Choice program.
On September 27, 2023, Attachment B-1 was revised to program $4,700,000 in Regional Active Transportation Plan Implementation balances to MTC’s Active Transportation Technical Assistance Program, add MTC as the project sponsor for $15,000,000 in Transportation Electrification planning projects, and revise the project names for two of MTC’s PDA Planning Grants in Fairfield and Suisun City to indicate that the Solano Transportation Authority will be facilitating project delivery.
On October 25, 2023, Attachment B-1 was revised to program $1,500,000 to MTC for Engagement and Capacity Building for Community-Based Transportation Plans (CBTP’s) and the Community Action Resource and Empowerment (CARE) Program, and $600,000 to MTC for Bay Wheels Bikeshare E-Bike Expansion station siting, marketing, and incentives; and to reflect fund sources and fund source changes (in accordance with MTC Resolution No. 3989) for MTC’s Engagement and Capacity Building for CBTP’s and CARE program, various projects within the Priority Production Area (PPA) Pilot Program, and MTC’s Bay Wheels Bikeshare E- Bike Expansion project.
On November 15, 2023, Attachment B-1 was revised to program $6,600,000 to MTC for Mapping & Wayfinding; program $1,500,000 to MTC for PCA Program Implementation and reflect the fund source change from STP/CMAQ to non-federal MTC exchange funds (as programmed in MTC Resolution No. 3989, Revised); reflect the fund source change for $300,000 of MTC’s Active Transportation Technical Assistance project from STP/CMAQ to non-federal Planning, Programming, and Monitoring (PPM) funds; and distribute the funds previously programmed to MTC for Connected Bay Area/Incident Management to MTC’s component projects, Connected Bay Area ($24,400,000) and Incident Management ($4,000,000).
191
ABSTRACT
MTC Resolution No. 4505, Revised
On December 20, 2023, Attachments A, B-1, and B-2, and Appendix A-1 were revised to update the Housing Element compliance requirements for the County & Local Program; reprogram $4,850,000 in Regional and County & Local funds from SFCTA’s Yerba Buena Island Multi- Use Path to SFMTA for Light Rail Vehicles as part of a local fund exchange and revise the project names to reflect related roadway improvement supporting the multi-use path; reprogram $2,200,000 in County & Local Program funds from BART’s Elevator Modernization Phase 1.3 project to MTC’s Regional Carpool/Vanpool project; and program $2,110,000 in Regional Program funds to Active Transportation Technical Assistance Program projects, including changing the fund source of $560,000 from STP/CMAQ to non-federal MTC exchange funds.
On February 28, 2024, Attachment B-1 was revised to add $9,300,000 in Regional Climate Initiatives funds to the Mobility Hubs Capital Grants unprogrammed balance, reflect the $8,500,000 in Regional Priority Conservation Area (PCA) Grant Program funds available for the PCA Call for Projects, Phase I, and program $1,000,000 in Regional Adaptive Ramp Metering funds to MTC for Adaptive Ramp Metering on State Route 237 in Santa Clara County.
On March 27, 2024, Attachments B-1 and B-2 were revised to reprogram $2,000,000 in Regional Vision Zero/Safety Program funds from MTC’s Bay Area Vision Zero Data System to MTC for Enhancing Support for Safety in the Bay Area, and change the fund source from STP/CMAQ to non-federal MTC exchange funds; reprogram $80,000 in Regional Vision Zero/Safety Program funds from MTC’s Regional Safety Program Coordination and Outreach to MTC for the Bay Area Vision Zero Data System, and change the fund source from STP/CMAQ to non-federal MTC exchange funds; change the funds source of $2,000,000 in Regional Pavement & Asset Management Program funds for MTC’s Pavement Management Program (PMP) from STP/CMAQ to non-federal MTC exchange funds; program $1,000,000 in County & Local Program funds from the Alameda County Transportation Commission’s (ACTC’s) San Pablo Avenue Parallel Bike Network to ACTA and the City of Albany for the Jackson Street portion of the same project; and change the fund source for $400,000 in Active Transportation Technical Assistance Program projects from STP/CMAQ to non-federal MTC exchange funds.
On April 24, 2024, Attachment A and Appendix A-1 were revised to standardize County & Local Program compliance requirement language.
On May 22, 2024, Attachments B-1 and B-2 were revised to deprogram $27,730,000 in County & Local Program funds from the City of San Jose’s Story-Keyes Complete Streets project as part 192
ABSTRACT
MTC Resolution No. 4505, Revised
of a fund source change, program $11,555,000 in Regional Transit Priority funds to various projects within the Bus Accelerated Infrastructure Delivery (BusAID) program, program $6,000,000 in Local Public Fleet Electrification Planning Assistance funds to MTC for various local agencies, change the fund source for $350,000 in Bay Trail Project Delivery funds from STP/CMAQ to non-federal MTC exchange funds, and program $30,000 in Parking Management Planning balances to MTC for Concord’s Downtown Parking Technology Solutions Study.
On June 26, 2024, Attachment B-1 was revised to reflect the programming of $5,000,000 in non- federal MTC exchange funds to the Bay Area Housing Finance Authority (BAHFA) for county election cost reimbursement related to the 2024 regional housing bond measure.
On July 24, 2024, Attachment B-1 was revised to program $1,500,000 to MTC’s Bay Trail Marshlands Road project, program $560,000 in bikeshare funds to MTC for station electrification, change the fund source for $660,000 in bikeshare funds from STP/CMAQ to non- federal MTC exchange funds, and reflect reprogramming of these exchange funds to various projects.
On September 25, 2024, Attachment B-1 was revised to reprogram $1,250,000 in Regional Program bikeshare funds from e-bike expansion to MTC for Bay Wheels bikeshare expansion in Daly City, changing the fund source for this project from STP/CMAQ to non-federal MTC exchange funds; reprogram $300,000 in Regional Program bikeshare funds from e-bike expansion to MTC for bikeshare outreach; and program $240,000 in Regional Program Mobility Hub planning balances to MTC for Mobility Hubs and Parking Management technical assistance.
On November 20, 2024, Attachment B-1 was revised to program $8,500,000 in Regional Priority Conservation Area (PCA) funds to various projects, including changing the fund source for $4,950,000 of that total from STP/CMAQ to non-federal MTC Exchange; reprogram $2,000,000 from MTC’s Priority Development Area (PDA) Planning Program to MTC’s Regional Housing Technical Assistance (RHTA) Program; deprogram $4,600,000 from MTC’s Mapping & Wayfinding project; program $3,950,000 to various Innovative Deployments for Enhanced Arterials Transit Signal Priority (IDEA TSP) and Bus Accelerated Infrastructure Delivery (BusAID) projects; add $650,000 to BusAID unprogrammed balance; reprogram $4,640,000 within MTC’s Regional Vision Zero/Safety Program to various projects; and deprogram $415,000 from MTC’s Cotati Santero Way PDA Planning project. 193
ABSTRACT
MTC Resolution No. 4505, Revised
On December 18, 2024, Attachments B-1 and B-2 were revised to reprogram $10,000,000 in County & Local Program funds among various component projects of the Alameda County Transportation Commission’s (ACTC’s) San Pablo Avenue corridor improvements, reprogram $800,000 from MTC’s Sonoma County Airport Area Specific Plan to MTC’s Regional Housing Technical Assistance, and revise the project sponsor from San Mateo County to Redwood City for the Bay Road Complete Street Rehabilitation project in the County & Local Program.
Further discussion of the project selection criteria and programming policy is contained in memorandums to the Programming and Allocations Committee dated January 12, 2022, February 9, 2022, March 9, 2022, June 8, 2022, September 14, 2022, October 12, 2022, November 9, 2022, January 11, 2023, February 8, 2023, March 8, 2023, April 12, 2023, and May 10, 2023; the Planning Committee dated June 9, 2023; the Programming and Allocations Committee dated June 14, 2023, July 12, 2023, September 13, 2023, October 11, 2023, November 8, 2023; the Planning Committee dated December 8, 2023; and the Programming and Allocations Committee dated December 13, 2023, February 14, 2024, March 13, 2024, April 10, 2024, May 8, 2024, June 12, 2024, July 10, 2024, September 11, 2024, November 13, 2024, and December 11, 2024.
194
Date: January 26, 2022
W.I.: 1512
Referred by: PAC
RE: One Bay Area Grant Program (OBAG 3) Project Selection and Programming Policies
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4505
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, as the RTPA/MPO for the San Francisco Bay Area, is assigned programming and project selection responsibilities for certain state and federal funds; and
WHEREAS, state and federal funds assigned for RTPA/MPO programming discretion are subject to availability and must be used within prescribed funding deadlines; and
WHEREAS, the California Department of Transportation (Caltrans) Obligation Authority (OA) Management Policy allows RTPAs and MPOs to exchange regional Surface Transportation Block Grant Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), and other federal funds assigned to the RTPA or MPO with Caltrans and other regions, when a region or Caltrans-managed local program has excess or insufficient apportionment available to deliver its annual federal program; and
WHEREAS, Title 23 CFR § 630, Subpart G, allows the advancement of federal-aid projects and expenditure of eligible costs prior to the obligation of funds (referred to as “Advance Construction” or “AC”) with reimbursement of eligible expenditures permitted following conversion of the AC to a regular obligation; and
WHEREAS, MTC, in cooperation with transit operators, Caltrans, the Bay Area Air Quality Management District (BAAQMD), Bay Area County Transportation Agencies (CTAs), counties, cities, and interested stakeholders, has developed policies and procedures to be used in 195
MTC Resolution 4505
the selection of projects to be funded with various funding including regional federal funds as set forth in Attachments A and B 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 Attachment B of this Resolution, incorporated herein as though set forth at length; and
WHEREAS the federal TIP and subsequent TIP revisions and updates are subject to public review and comment; now therefore be it
RESOLVED that MTC approves the “Project Selection and Programming Policies” for projects to be funded in the OBAG 3 program as set forth in Attachments A and B of this Resolution; and be it further
RESOLVED that the funds assigned to MTC as the RTPA/MPO for programming and project selection shall be pooled and distributed on a regional basis for implementation of project selection criteria, policies, procedures, and programming, consistent with implementation of 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 changes to project sponsor, 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 Attachment B 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 is authorized to execute Advance Construction (AC) Authorizations with Caltrans and/or the Federal Highway Administration (FHWA) for federal projects sponsored or implemented by the Metropolitan Transportation Commission; and be it further
196
MTC Resolution 4505
RESOLVED that the Executive Director or designee is authorized to execute agreements and Letters/Memorandums of Understanding with Caltrans and other MPOs and RTPAs for the exchange of regional Surface Transportation Block Grant Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) and other federal funds assigned to MTC for programming discretion, consistent with Caltrans’ Obligation Authority (OA) Management Policy; and be it further
RESOLVED that the Executive Director or designee shall make available a copy of this resolution, and attachments as may be required and appropriate.
METROPOLITAN TRANSPORTATION COMMISSION
Alfredo Pedroza, Chair
The above resolution was entered into
by the Metropolitan Transportation
Commission at the regular meeting
of the Commission held in San Francisco,
California and at other remote locations
on January 26, 2022.
197
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies
Date: January 26, 2022
W.E.: 1512
Referred by: PAC
Revised: 06/22/22-C 01/25/23-C 03/22/23-C
04/26/23-C 12/20/23-C 04/24/24-C
Attachment A
Resolution No. 4505
One Bay Area Grant (OBAG 3) Program
Project Selection and Programming Policies
198
Attachment A
MTC Resolution No. 4505
Revised: 06/22/22-C 01/25/23-C 03/22/23-C
04/26/23-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies Page 3
One Bay Area Grant (OBAG 3) Program
Project Selection and Programming Policies
Table of Contents
Table of Contents .................................................................................................................................................................. 3 Background ............................................................................................................................................................................. 4 Program Principles ................................................................................................................................................................ 4 Revenue Estimates ................................................................................................................................................................ 5 Program Categories ............................................................................................................................................................. 6 Regional Programs .............................................................................................................................................. 7 County & Local programs ................................................................................................................................. 9 Project Lists........................................................................................................................................................................... 14 Programming Policies ...................................................................................................................................................... 14 General Policies ................................................................................................................................................. 14 County & Local Program Policies ................................................................................................................. 20 Policy Consistency ............................................................................................................................................ 22
Appendices
Appendix A-1 County & Local Program Call for Projects Guidelines
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The One Bay Area Grant Program (OBAG 3) establishes the policy framework and commitments for investing federal Surface Transportation Block Grant Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for a four-year period covering federal fiscal year (FY) 2022-23 through FY 2025-26. Attachment A outlines the OBAG 3 program principles and objectives, revenue estimates, program architecture, and programming policies. Attachment B details the projects, funding amounts, and project sponsors, as they are approved by the Commission.
Background
The Commission adopted the inaugural One Bay Area Grant Program (OBAG 1) in May 2012 (MTC Resolution 4035) to better integrate the region’s federal transportation program with its Sustainable Communities Strategy (SCS). Pursuant to SB 375 (Steinberg 2008), the SCS aligns regional transportation planning with land use and housing in order to meet state greenhouse gas reduction targets. Since 2013, MTC and ABAG have jointly adopted a SCS along with MTC’s long-range Regional Transportation Plan (RTP) every four years, with the documents collectively known as Plan Bay Area.
The OBAG 1 program established a framework for leveraging discretionary federal highway funding to support the implementation of Plan Bay Area by focusing transportation investments in Priority Development Areas (PDAs) and in jurisdictions producing and planning for new housing under the Regional Housing Needs Allocation (RHNA) process, among other strategies. The framework also consolidated funding sources and increased local agency flexibility to advance priority projects. OBAG 1 programming covered the five-year period from FY 2012-13 through FY 2016-17. Following the initial success of OBAG 1, the Commission adopted OBAG 2 in November 2015 (MTC Resolution 4202) with a similar framework and supporting policies. OBAG 2 programming covered the five-year period from FY 2017-18 through FY 2021-22.
In keeping with prior cycles, the proposed OBAG 3 framework is designed to advance the implementation of the region’s latest RTP and SCS, Plan Bay Area 2050, adopted in October 2021.
Program Principles
The following principles, established through Commission direction and stakeholder input, guided the development of the OBAG 3 program and policies:
• Preserve effective program features from prior OBAG cycles to support regional objectives. Key aspects of the prior cycles are preserved under the proposed OBAG 3 County & Local Program, including concentrating transportation investments within PDAs, incorporating housing factors into the project prioritization process, and local jurisdiction policy requirements.
Partnership with County Transportation Agencies (CTAs) to identify local community-based projects for funding that are consistent with regional goals is also continued. • Strategically advance Plan Bay Area 2050 implementation through OBAG investments and policies. As with OBAG 1 and 2, the primary objective of the OBAG 3 program, both the in the Regional and County & Local components, is to support the interconnected strategies of the 200
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RTP and SCS. With the adoption of Plan Bay Area 2050, OBAG 3 reflects new and updated implementation strategies as well as new Growth Geographies. • Incorporate recent MTC policy initiatives and adapt to the current mobility landscape.
In the years following the adoption of OBAG 2, MTC has undertaken several major policy initiatives which were taken into consideration in the development of OBAG 3. These policy actions include adoption of the MTC Equity Platform, Regional Safety/Vision Zero Policy, and Express Lanes Strategic Plan, and completion of the Transit Transformation Action Plan. In addition, the OBAG 3 program takes into account sustainable staffing levels necessary to implement continued and new initiatives.
• Advance equity and safety through policies and investments. Building off the principles of the MTC Equity Platform, the OBAG 3 framework integrates cross-cutting equity considerations into each of its proposed program areas. In addition, while the program requirements stop short of mandating local Vision Zero policies, jurisdictions will be required to adopt Local Road Safety Plans (or equivalent safety plans), and priority will be given to funding projects that align with and support these plans. OBAG 3 also significantly increases funding levels for Healthy, Safe, and Sustainable Streets projects and implementation of projects in Equity Priority Communities that have been prioritized through Community-Based Transportation Plans or Participatory Budgeting processes.
• Address federal planning and programming requirements. As the federally-designated Metropolitan Planning Organization (MPO) for the Bay Area, MTC is responsible for regional transportation planning and programming efforts, including performance-based requirements.
OBAG 3 documents and clarifies MTC’s roles and responsibilities for programming STP and CMAQ funding, including the areas of project selection and funding distribution processes, and the prioritization process for CMAQ funds.
• Coordinate with complementary fund sources to develop a comprehensive regional investment strategy. Recognizing that STP and CMAQ funds constitute a relatively limited proportion of the total transportation funding available to the region, the OBAG 3 program is designed in coordination with other complementary existing and anticipated fund sources to implement the ambitious strategies laid out in Plan Bay Area 2050. • Emphasize a shared, partnership approach to program implementation. OBAG 3 preserves and continues to build upon the robust partnerships with CTAs, transit agencies, Caltrans, and local jurisdictions established through prior programming cycles. The program architecture and policies recognize and uphold local expertise in project development and prioritization, while providing a framework for all stakeholders to work together to advance shared regional priorities.
Revenue Estimates
OBAG 3 programming capacity is based on anticipated federal transportation program apportionments from the regional Surface Transportation Block Grant (STP) and Congestion 201
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Mitigation and Air Quality Improvement (CMAQ) programs for a four-year period covering FY 2022-23 through FY 2025-26.
Over the four year OBAG 3 period, $766 million in STP/CMAQ programming capacity is estimated, including additional STP/CMAQ apportionments from the recently enacted Infrastructure Investment and Jobs Act (IIJA). If additional federal programs are authorized or appropriated during the OBAG 3 period, the Commission may adjust the programming capacity accordingly. Such adjustments include increasing or decreasing funding amounts to one or more programs, postponement of projects, expansion of existing programs, development of new programs, or adjustments to subsequent program cycles.
As federal programs are subject to change with each federal surface transportation authorization, any reference to specific fund sources in the OBAG 3 programming resolution (i.e. STP/CMAQ) serve as a proxy for replacement or new federal fund sources for which MTC project selection and programming authority. However, MTC may elect to program replacement or new federal fund sources outside of the OBAG 3 program resolution.
OBAG 3 programming capacity is based upon apportionment rather than obligation authority. As the amount of obligation authority available to the region is less than the region’s annual apportionments, there is typically a carryover balance of apportionment each year. MTC’s successful project delivery in recent years has allowed the region to capture additional, unused obligation authority from other states, enabling the region to advance the delivery of additional projects each year. MTC staff will continue to monitor apportionment and obligation authority balances throughout the OBAG 3 period to support the accelerated delivery of programmed projects.
Program Categories
The OBAG 3 program categories carry forward elements from previous OBAG cycles, reorganized for clarity and refined to more closely align with Plan Bay Area 2050 strategies, advance regional goals for equity and safety, and address federal performance-based programming requirements.
These revised categories further integrate the Regional Programs and County & Local Programs by providing a common framework for project types and focus areas. The five OBAG 3 program areas and corresponding objectives are as follows:
• Planning & Program Implementation: Carry out coordinated regional and countywide planning and programming activities within MTC’s performance-based planning and programming processes, consistent with federal requirements and regional policies.
Additionally, commit staffing resources necessary to deliver OBAG 3 projects and programs. • Growth Framework Implementation: Support and assist with local efforts to create a range of housing options in PDAs, select Transit-Rich Areas (TRAs), and select High-Resource Areas (HRAs), and carry out other regional studies, programs, and pilots to advance the Plan Bay Area 2050 growth framework.
• Climate, Conservation, and Resilience: Reduce emissions and solo vehicle trips through accelerated electrification and clean vehicle programs and expanded transportation 202
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demand management programs. Additionally, protect high-priority natural and agricultural lands; modernize and expand access to parks, trails, and recreation facilities; and increase transportation system resiliency to the impacts of climate change. • Complete Streets and Community Choice: Improve and maintain local streets and roads to meet the needs of all users while improving safety, promoting walking, biking and other micro-mobility, and sustainable infrastructure. In addition, support community-led planning efforts and assist with the development and advancement of community-led transportation enhancements in Equity Priority Communities (EPCs).
• Multimodal Systems Operations and Performance: Support and coordinate efforts to achieve an integrated, efficient, reliable, and easy to navigate public transit network to increase ridership and improve mobility options consistent with the Transit Transformative Action Plan recommendations. Additionally, continue to optimize existing freeways, highways, key arterials, and communications infrastructure to maximize person throughput and multimodal system performance.
Similar to previous OBAG cycles, the OBAG 3 program structure is divided into Regional and County & Local components, with the latter programs comprising of projects selected by MTC and nominated by CTAs through a unified call for projects process. Both the Regional and County & Local programs are organized around the five categories listed above.
REGIONAL PROGRAMS
OBAG 3 directs 50% of available program funds towards regional investments that are targeted to address critical climate and focused growth goals of Plan Bay Area 2050, and coordinate and deploy strategies that are best suited for regional implementation. As specific regional projects and programs are approved by the Commission for funding, they will be added to Attachment B-1.
Planning & Program Implementation
The Planning & Program Implementation program supports a variety of regional planning, programming, and outreach activities to implement Plan Bay Area 2050 and comply with performance-based planning and programming requirements. This program category also includes dedicated resources and staffing support to deliver OBAG 3 projects and programs.
Growth Framework Implementation
The purpose of this program is to support and assist local efforts to create a range of housing options that align with Plan Bay Area 2050 growth geographies, with a focus on completing approved plans for all existing PDAs by 2025. Funding from this program will provide capacity- enhancing support for local jurisdictions through the PDA Planning and Technical Assistance Grant program and the Regional Housing Technical Assistance program. These funds will also support implementation of MTC’s Transit Oriented Development (TOD) Policy, or its successor, to ensure land use supports future transit investments. In addition, this program may fund regional land-use studies, programs, and pilot projects identified in Plan Bay Area 2050 Implementation Plan. Such studies could include redevelopment of malls and office parks, reuse of public and community- owned land, or a Priority Production Area (PPA) pilot program. 203
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Climate, Conservation, and Resilience
Funding from this program supports a suite of interconnected objectives, including reduced vehicle emissions through accelerated electrification and transportation demand management, protection of high-priority natural and agricultural lands, expanded access to parks and open space, and increased resiliency of the transportation system to the impacts of climate change. These goals align with regional transportation and environmental strategies outlined in Plan Bay Area 2050.
Within the Regional Program, this category includes expanded investments to accelerate electrification, as well as a variety of emission reduction strategies and transportation demand management programs. Programs may include Mobility Hubs, Targeted Transportation Alternatives, car sharing, bikeshare and e-bike incentives; carpool programs; Commuter Benefits Program and targeted commuter programs; and assistance for the development of local demand management policies and programs.
The regional Priority Conservation Area (PCA) program provides grant funding for critical conservation and open space projects. Grants will be available to support the implementation of the updated PCA framework (currently underway).
This program category also includes a new regional resilience and sea level rise pilot to support the protection of vulnerable transportation assets from sea level rise and other climate impacts.
Complete Streets and Community Choice
This program is intended to improve and maintain local streets and roads to meet the needs of all users while increasing safety, with an emphasis on supporting the development and advancement of community-led transportation enhancements in EPCs.
Regional Program funding in this program category will implement recommendations of the Regional Active Transportation Plan, or its successor, including compliance with the Regional Complete Streets Policy and the implementation of the Regional Active Transportation Network.
The program also continues technical assistance programs, and supports completion of key Bay Trail gaps. The program will also advance the Regional Safety/Vision Zero Policy, including support for the Regional Integrated Safety Data System and other regional safety initiatives, coordination efforts, and technical assistance. Ongoing regional programs that support local streets and roads asset management, including StreetSaver, StreetSaver Plus, and the Pavement Technical Assistance Program, are broadened to include upgrades to local roadway asset inventories to support complete streets and safety strategies, as well as encouraging green infrastructure, where possible.
Funding in this program category will also support increased regional investment in Community- Based Transportation Plans (CBTPs) and Participatory Budgeting (PB) processes, and provide a dedicated source of funding for the acceleration and delivery of projects identified through community plans and participatory budgeting efforts.
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Multimodal Systems Operations and Performance
The purpose of this program is to improve mobility options across the Bay Area’s multimodal transportation system and emphasizes achieving an integrated, efficient, reliable, and easy to navigate public transit network to increase ridership and improve mobility options.
Regional Program funding in this program category supports implementation of near-term priorities identified through the Blue Ribbon Transit Transformation Action Plan, as well as planning, design, and implementation of near-term operational improvements, incident management, and deployment of regional fiber communications infrastructure on the region’s existing freeways and highways. Regional projects and programs to be funded include Bay Area Forwards, transit priority improvements, and additional freeway and arterial operational improvements.
COUNTY & LOCAL PROGRAMS
OBAG 3 directs the remaining 50% of available funding for local and county projects prioritized through a call for projects process selected by MTC. Local jurisdictions, transit agencies, and CTAs may apply for these funds for a variety of project types and program categories described below.
As specific projects and programs are approved by the Commission for funding within the County & Local Program, they will be added to Attachment B-2.
Planning & Program Implementation
Similar to prior cycles, OBAG 3 provides dedicated funding within the County & Local Program to support planning and programming activities throughout the nine Bay Area counties. Administered by MTC through funding agreements with each CTA, these funds are used to cooperatively implement Plan Bay Area 2050 and associated regional policies, development of countywide transportation plans, outreach activities, and the advancement of additional plans and projects as determined by MTC. CTAs may request additional funding to augment these base funding levels for countywide planning and programming through the call for projects process.
Growth Framework Implementation
The OBAG 3 County & Local Program continues to focus investments in PDAs through investment thresholds.
• PDA Minimum Investments: In the Bay Area’s most populous counties (Alameda, Contra Costa, San Mateo, San Francisco, and Santa Clara), a minimum of 70% of County & Local Program investments must be directed to PDAs. In the remaining counties (Marin, Napa, Solano, and Sonoma), a minimum of 50% in County & Local Program investments must be directed to PDAs. Funds programmed for CTA planning and programming activities are given partial credit towards each county’s minimum investment threshold calculations (70% or 50%, in line with each county’s minimum threshold).
• Uniform Definition for PDA Supportive Projects: To be credited towards each county’s PDA minimum investment threshold, a project must be located within or connected to a PDA, or be within one mile of a PDA boundary. Projects that are not physically located 205
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within one mile of a PDA but have a clear and direct connection to PDA implementation, such as transit maintenance facility improvements, may also be credited towards the PDA minimum investment thresholds. Determinations for such projects will be provided by MTC staff on a case by case basis.
• Housing Element: Cities and counties must have a general plan housing element adopted and certified by the California Department of Housing and Community Development (HCD) for the 2023-2031 Regional Housing Needs Allocation (RHNA), and maintain certification throughout the OBAG 3 program period to remain eligible for County & Local Program funding. After December 31, 2023, MTC will deprogram County & Local Program funds from the TIP for jurisdictions that do not yet have a certified housing element or have not maintained certification. Exceptions may be granted as detailed in Appendix A-1.
Jurisdictions will have until December 31, 2024 to receive certification and have their County & Local Program awards reinstated. MTC staff will provide an update to the Commission on Bay Area jurisdictions’ Housing Element certification progress in June 2024.
After the Housing Element certification deadline, MTC, in coordination with CTAs, will reprogram funds awarded to non-compliant jurisdictions to projects located in compliant jurisdictions.
Additionally, jurisdictions must submit Housing Element Annual Reports to HCD by April 1 every year throughout the OBAG 3 program period to maintain funding eligibility. • State Housing Laws: To maintain funding eligibility, all cities and counties must demonstrate compliance with state housing laws related to surplus lands, accessory dwelling units, density bonuses, and the Housing Accountability Act. Jurisdictions are required to self-certify compliance with the first three elements (state housing laws related to surplus lands, accessory dwelling units, and density bonuses) through a local resolution.
Self-certification resolutions must be adopted by local jurisdictions and submitted to MTC by December 31, 2023 to maintain eligibility for County & Local Program funding. After December 31, 2023, MTC will deprogram County & Local Program funds from the TIP for jurisdictions that have not yet adopted a resolution affirming compliance. Exceptions may be granted as detailed in Appendix A-1. Jurisdictions will have until December 31, 2024 to adopt a self-certification resolution and have their County & Local Program awards reinstated. After this date, MTC, in coordination with CTAs, will reprogram these funds to projects located in compliant jurisdictions.
Compliance with the Housing Accountability Act is an ongoing program requirement, which may be monitored by MTC staff as appropriate. MTC may deprogram County & Local Program funds awarded to a jurisdiction that it determines to be out of compliance with the Housing Accountability Act.
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In addition to focusing investments in PDAs, the County & Local Program supports mobility and access projects that serve additional Plan Bay Area 2050 growth geographies, such as select TRAs and HRAs. Eligible projects in these growth areas will also be given consideration through the call for projects process.
Climate, Conservation, and Resilience
The County & Local Program supports regional coordination in the Climate, Conservation, and Resilience program category by identifying and funding additional local projects to achieve the interconnected goals to reduce emissions, protect and improve access to priority open spaces, and increase transportation system resiliency through the call for projects process.
Complete Streets and Community Choice
The County & Local Program plays a critical role in meeting the objectives of Complete Streets and Community Choice by funding local improvements to local streets and roads to improve safety and meet the mobility needs of all users, as well as advancing transportation enhancements that have been vetted and prioritized by residents of Equity Priority Communities. • Active Transportation Investment Target: OBAG 3 establishes a regionwide target of $200 million for active transportation projects, including bicycle, pedestrian, and Safe Routes to School (SRTS) programs and projects. Bicycle and pedestrian elements included on projects that are not solely focused on active transportation (such as sidewalk or bike lane improvements included in a local road preservation project) also contribute to this regionwide investment target.
Eligible project types for the County & Local Program that fall within the Climate, Conservation, and Resilience program category include:
• Transportation demand management programs
• Mobility Hub planning and implementation
• Parking reduction and curb management programs
• Car share and bike share capital projects
• Plans and projects to assist in the preservation and enhancement of open space, natural resource and agricultural lands, and critical habitats (may require non-federal funds) • Bicycle and pedestrian access to open space and parklands • Regional Advance Mitigation Planning (RAMP) planning activities and implementation (may require non-federal funds)
• Transportation system resilience or sea level rise plans and projects Eligible project types for the County & Local Program that directly support the Growth Framework Implementation program category include:
• Local PDA Planning grants (in addition to those funded through the Regional Program) • Local planning grants for other new PBA 2050 Growth Geographies 207
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• SRTS Investment Target: OBAG 3 carries forward ongoing commitments to SRTS programming, by establishing a $25 million regionwide target for SRTS programs and projects.
• Complete Streets Policy: Jurisdictions must comply with MTC’s Complete Streets Policy, and its successor, including the requirement to complete a Complete Streets Checklist for each project applying for OBAG 3 funding. As part of the County & Local Program call for projects, CTAs are required to make completed project checklists available to their Bicycle and Pedestrian Advisory Committee (BPAC) for review prior to the CTA’s nomination of prioritized projects to MTC.
• Regional Safety/Vision Zero Policy: Starting with California Highway Safety Improvement Program (HSIP) Cycle 11, jurisdictions are required to have a Local Roadway Safety Plan (LRSP) or equivalent safety plan in order to be eligible for HSIP funding. Consistent with this state requirement, local jurisdictions must have a LRSP or equivalent safety plan completed by December 31, 2023 in order to maintain eligibility for County & Local Program funding.
OBAG 3 funds may be used to complete an LRSP or equivalent safety plan. • Pavement Management Program: To maintain eligibility for County & Local Program funding, jurisdictions with local public streets and roads must:
o Maintain a certified Pavement Management Program (StreetSaver® or equivalent) updated as prescribed by MTC staff
o Fully participate in statewide local streets and road needs assessment surveys (including any assigned funding contribution)
o Provide traffic count data to MTC to support FHWA’s Highway Performance Monitoring System (HPMS) on an annual basis, or as directed by MTC staff
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Eligible project types for the County & Local Program that align with the Complete Streets and Community Choice program category include:
• Bicycle and pedestrian improvements and programs
• SRTS projects and programs
• Safety projects, local road safety plans (LRSP), and Vision Zero planning activities • Complete streets and sustainable streets improvements • Streetscape projects to encourage biking, walking, and transit use • Example project elements include bulb outs, sidewalk widening, crosswalk enhancements, audible signal modification, mid-block crossing and signals, new striping for bicycle lanes and road diets, pedestrian street lighting, medians, pedestrian refuges, wayfinding signage, tree grates, bollards, permanent bicycle racks, signal modification for bicycle detection, street trees, raised planters, planters, costs associated with on-site storm water management, permeable paving, and pedestrian-scaled street furniture including bus shelters, benches, magazine racks, and garbage and recycling bins. • Local streets and roads preservation projects on the federal-aid system. Projects should be based on a needs analysis from the jurisdiction’s Pavement Management Program:
o Pavement rehabilitation projects must be consistent with segments recommended for treatment within the programming cycle by the jurisdiction’s PMP. Preventive maintenance projects with a PCI rating of 70 or above are eligible only if the jurisdiction’s PMP demonstrates that the preventive maintenance strategy is a cost- effective method of extending the service life of the pavement. o Eligible non-pavement activities include rehabilitation or replacement of existing features on the roadway facility, such as bridge structures, storm drains, National Pollutant Discharge Elimination System (NPDES), curbs, gutters, culverts, medians, guardrails, safety features, signals, signage, sidewalks, ramps, complete streets elements, and features that bring the facility to current standards. • Federal Aid Secondary (FAS) funding distributions described in California statute (California Code § 2200-2214) will no longer be suballocated to counties through the OBAG 3 program. Counties remain eligible for OBAG 3 funding for rural road projects on the federal-aid system.
• Projects and programs prioritized in CBTPs and PB processes, which may include any of the above project types and project elements, as well as a variety of transit capital improvements.
• Community-based transportation plans or participatory budgeting processes in Equity Priority Communities (in addition to CBTP and PB processes administered through the Regional Programs)
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Multimodal Systems Operations and Performance
The County & Local Program can support regional coordination and implementation the Multimodal Systems Operations and Performance program category by funding additional local projects to improve mobility options and performance of the Bay Area’s existing multimodal transportation system, particularly on arterials and along fixed-route transit; or by nominating County & Local Program funds to match or augment Regional Program funds for these types of projects.
Project Lists
Attachment B of Resolution 4505 contains the list of projects to be programmed under the OBAG 3 program. Attachments B-1 and B-2 list the projects receiving OBAG 3 funding through the Regional Programs and County & Local Programs, respectively. The project lists are subject to MTC project selection actions. MTC will update Attachments B-1 and B-2 as projects are selected or revised by the Commission.
Programming Policies
GENERAL POLICIES
The following programming policies apply to all projects funded in OBAG 3:
Eligible project types for the County & Local Program within the Multimodal Systems Operations and Performance program category include:
• Transit capital improvements, including vehicles for new or expanded service • Transit station improvements such as plazas, station access improvements, bicycle parking, and replacement parking or parking management for Transit Oriented Development (TOD) • Local actions to advance implementation of the Transit Transformation Action Plan • Cost-effective, technology-driven active operational management strategies for local arterials and highways (for highways, when used to augment state or federal funds and developed/implemented in coordination with MTC)
• Mobility management and coordination projects that meet the specific needs of seniors and individuals with disabilities and enhance transportation access for populations beyond those served by one agency or organization within a community. Examples include the integration and coordination of services for individuals with disabilities, seniors, and low-income individuals; individualized travel training and trip planning activities; development and operation of one-stop transportation traveler call centers to coordinate transportation information on all travel modes and to manage eligibility requirements and arrangements for customers among supporting programs; and the operation of transportation brokerages to coordinate providers, funding agencies, and passengers.
Activities not eligible for funding include: air quality non-exempt projects, new roadways, roadway extensions, right of way acquisition for future expansion, operations, and routine maintenance.
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1. RTP Consistency: Projects funded through OBAG 3 must be consistent with the adopted Regional Transportation Plan (RTP), currently Plan Bay Area 2050. As part of the project selection and TIP programming processes, project sponsors must identify each project’s relationship with meeting the goals and objectives of the RTP, including the specific RTP ID number or reference. RTP consistency will be verified by MTC staff for all OBAG 3 projects as part of the project selection and TIP programming processes.
2. Federal Fund Eligibility: Projects must be eligible for STP or CMAQ funds in order to be selected for OBAG 3 programming of those fund sources. However, eligibility for STP or CMAQ alone does not guarantee eligibility for funding through the OBAG 3 program. Projects must meet all program requirements and project selection criteria to be eligible for OBAG 3 funds. • STP is a flexible source of federal funding, with a wide range of projects that may be considered eligible. Eligible projects include roadway and bridge improvements (construction, reconstruction, rehabilitation, resurfacing, restoration), public transit capital improvements, pedestrian and bicycle facilities and programs, highway and transit safety projects, transportation demand management, and transportation planning activities. More detailed eligibility requirements can be found in 23 U.S.C. § 133 and at: https://www.fhwa.dot.gov/fastact/factsheets/stbgfs.cfm .
• CMAQ is a more targeted federal funding source for transportation projects that generate emissions reductions that benefit a nonattainment or maintenance for ozone, carbon monoxide, or particulate matter. Eligible project categories that meet this basic criteria include: Transportation Control Measures (TCMS) in an approved State Implementation Plan (SIP), transit expansion projects, transit vehicles and equipment, bicycle and pedestrian facilities and programs, travel demand management, public education and outreach activities, congestion reduction and traffic flow improvements, carpool, vanpool, and carshare programs, travel demand management, outreach and rideshare activities, telecommuting programs, and intermodal freight projects. For more detailed eligibility information, refer to 23 U.S.C. § 149 and at:
http://www.fhwa.dot.gov/environment/air_quality/ cmaq/policy_and_guidance/ .
3. Air Quality Conformity: In the Bay Area, it is the responsibility of MTC to make a regional air quality conformity determination for the TIP in accordance with federal Clean Air Act requirements and Environmental Protection Agency (EPA) conformity regulations. MTC evaluates the impact of the TIP on regional air quality during the update of the TIP. Non- exempt projects that are not incorporated in the current finding for the TIP will not be considered for funding in the OBAG 3 program until the development of a subsequent air quality finding for the TIP. Additionally, the EPA has designated the Bay Area as a non- attainment area for fine particulate matter (PM
2.5). Therefore, based on consultation with the
MTC Air Quality Conformity Task Force, projects deemed Projects of Air Quality Concern (POAQC) for PM
2.5 must complete hot-spot analyses as required by the Transportation Conformity Rule. Generally, POAQC are those projects that result in significant increases in, or concentrations of, emissions from diesel vehicles.
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4. Public Involvement. MTC is committed to a public involvement process that is proactive and provides opportunities for continuing involvement, comprehensive information, timely public notice, and public access to key decisions. MTC provides many methods to fulfill this commitment, as outlined in the MTC Public Participation Plan. The Commission’s adoption of the OBAG 3 project selection and programming policy meets the provisions of the MTC Public Participation Plan. MTC’s Policy Advisory Committee and the Bay Area Partnership working groups are consulted in the development of funding commitments and policies for OBAG 3.
Additional opportunities for public and stakeholder involvement will be provided throughout the OBAG 3 program period as specific programs are developed.
OBAG 3 investments must be consistent with federal Title VI requirements. Title VI prohibits discrimination on the basis of race, color, income, and national origin in programs and activities receiving federal financial assistance. Public outreach to and involvement of individuals in low income and minority communities covered under Title VI of the Civil Rights Act and the Executive Order pertaining to Environmental Justice is critical to both local and regional decisions.
Additional details on the public involvement requirements for the County & Local Program, including Title VI considerations, are provided in Appendix A-1. The current MTC Public Participation Plan is available online at:
https://mtc.ca.gov/about-mtc/public-
participation/public-participation-plan.
5. Project Selection Processes: The OBAG 3 program categories are designed to reflect the investment priorities established in Plan Bay Area 2050. Within these program categories, MTC selects projects for STP and CMAQ funding that are consistent with Plan Bay Area 2050, and with consideration of their achievement toward regional targets of federal performance goals, and project delivery.
6. CMAQ Project Selection: Additional project selection processes guide MTC’s programming of CMAQ funds. MTC referred to FHWA’s CMAQ Cost Effectiveness Tables (2020), emissions reductions benefits of OBAG 2 CMAQ projects, regional strategies in the Bay Area Air Quality Management District’s (BAAQMD’s) Clean Air Plan, and Plan Bay Area 2050 air quality improvement strategies to develop CMAQ programmatic priorities for the OBAG 3 program.
The CMAQ programmatic priorities to reduce emissions through vehicle miles traveled reduction include: bicycle and pedestrian facilities and programs, transit capital improvements, carpool, vanpool, rideshare, and travel demand management. CMAQ programmatic priorities to otherwise reduce transportation emissions reductions include: alternative fuel infrastructure and programs, traffic flow improvements, and incident management. Programmatic priorities are intended to guide initial program development, and do not preclude other project types from being selected for CMAQ funds.
• Regional Programs. CMAQ programmatic priorities are used to develop a proposed focus for CMAQ funds within various components of the Regional Programs. All regional projects that are eligible for CMAQ funding will be assessed for emissions reductions benefits and cost effectiveness prior to CMAQ project selection. 212
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• County & Local Program. As part of the call for projects process, project sponsors will provide project data necessary to assess the emissions benefits and cost effectiveness for projects eligible for CMAQ funding. These assessments will be incorporated into the prioritization and CMAQ project selection as described in Appendix A-1.
7. TIP Programming: Projects approved as part of the OBAG 3 program must be amended into the federal Transportation Improvement Program (TIP). The federally-required TIP is a comprehensive listing of transportation projects that receive federal funds, are subject to a federally required action, or are regionally significant for air quality conformity or modeling purposes. OBAG 3 project funding must first be approved by the Commission through revision to the Attachment B before it can be amended into the TIP.
Once a project has been selected for funding and is programmed in Attachment B, project sponsors must submit the project information into MTC’s Fund Management System (FMS) in order for the project to be amended into the TIP. Proper submittal of project information into FMS is required for inclusion into the TIP in a timely manner. Additional information on FMS is available here: https://mtc.ca.gov/funding/fund-management-system-fms .
8. Resolution of Local Support: a Resolution of Local Support approved by the project sponsor’s governing board or council and submitted in FMS. A template for the Resolution of Local Support can be downloaded from the MTC website using the following link:
https://mtc.ca.gov/funding/federal-funding/federal-highway-administration-grants/one-bay- area-grant-obag-3.
9. Local Match: Although local match requirements are subject to change, the current local match requirement for STP and CMAQ funded projects in California is 11.47% of the total project cost, with FHWA providing up to 88.53% of the total project cost through reimbursements. For capital projects, sponsors that fully fund the project development or Preliminary Engineering (PE) phase with non-federal funds may use toll credits in lieu of a match for the construction phase. For these projects, sponsors must still meet all federal requirements for the PE phase.
Per the Regional Toll Credit Policy (MTC Resolution No. 4008), MTC may use toll credits to waive the local match requirements for programs and projects of regional significance, such as ongoing regional programs and planning efforts.
10. Environmental Clearance:
Project sponsors are responsible for compliance with the requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.), the State Environmental Impact Report Guidelines (14 California Code of Regulations Section § 15000 et seq.), and the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) standards and procedures for all projects with federal funds.
11. Fund Exchanges: Federal STP and CMAQ funding may be exchanged with non-federal funds for projects that are consistent with the OBAG 3 programming policy but are ineligible or poorly suited to federal funding. Development and implementation of a funding exchange is the responsibility of the project sponsors and CTAs. Exchanges must be consistent with MTC’s fund exchange policy for regional discretionary funds (MTC Resolution No. 3331), which also requires the locally-funded project to be included in the TIP for tracking purposes. Projects 213
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involved in a local fund exchange must comply with applicable federal, state, and regional project delivery requirements. Projects programmed with federal STP and/or CMAQ funds (Recipient Projects) must comply with applicable federal and state requirements and OBAG 3 General Programming Policies. Projects that receive non-federal funds as part of a fund exchange (Target Projects) must adhere to all other OBAG 3 program requirements, including local policy compliance.
12. Regional STP/CMAQ Exchanges: State and federal timely use funds provisions, such as Sections 182.6 and 182.7 of the State Streets and Highways Code, require federal apportionment to be obligated within three years of federal eligibility. If a region of the state is unable to fully obligate their lapsing STP or CMAQ balances in a given year, another region in the state can enter into temporary exchange agreements to obligate the older, unused STP or CMAQ balances in exchange for an equal amount of future year STP or CMAQ funds. Such exchanges benefit both regions by avoiding the loss of funds in one region, while another region can advance projects that may be stalled due to a lack of eligible funding.
To facilitate such exchanges, the MTC Executive Director or designee is authorized to sign letters of understanding with Caltrans and other regions for the exchange of STP or CMAQ funds with the following conditions and limitations:
• The exchange does not negatively impact the delivery of Bay Area STP/CMAQ projects. • The exchange is a dollar for dollar exchange.
• The exchange is allowed under Caltrans’ obligation authority management policy. • Exchanges over $2 million are reported to a standing Committee of the Commission for information.
• The Letter of Understanding can be executed in time for the MTC to secure the funds prior to any lapse or rescission.
• If any timely use of funds deadlines or Caltrans processes are not met in time and therefore result in the loss of apportionment balance, MTC’s apportionment shall not be negatively affected and the Letter of Understanding is null and void.
Exchanges beyond these conditions and limitations may be approved by a standing Committee of the Commission.
13. Advanced Construction: When certain federal funds are not available for obligation due to an insufficient balance of apportionment or obligation authority project sponsors may request authorization from FHWA and Caltrans to proceed with the project under advance construction (AC) procedures. AC procedures allow FHWA to authorize work to begin on a project without obligating federal funds. Project sponsors given the federal authorization to proceed with a project under AC procedures use local funds to perform work eligible for future federal reimbursement. Once federal apportionment or obligation authority becomes available, the sponsor may then seek to covert the amount authorized through AC into a real obligation of federal funds.
AC procedures streamline the delivery of federal projects and programs by allowing projects to proceed when current year apportionments or obligation authority has run out, and enables the region and the state to better manage the use of obligation authority for large projects. 214
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To facilitate AC procedures on regional projects, the MTC Executive Director or designee, in consultation with the Chief Financial Officer, is authorized to execute AC authorizations with Caltrans and/or FHWA for federal projects sponsored or implemented by MTC, with the following conditions and limitations:
• The agency must have sufficient local funds to pay for all project costs until the federal funds become available.
• The project must comply with all federal requirements including programming in the TIP.
• The federal authorization date establishes the start date for performance federally- reimbursable work.
14. Regional Fund Management: OBAG 3 funding is available in federal fiscal years (FY) 2022-23 through FY 2025-26. Funds may be programmed in any of these years, conditioned upon the availability of federal apportionment and obligation authority (OA), and subject to TIP financial constraint requirements. In addition, in order to provide uninterrupted funding to ongoing efforts and to provide more time to prepare for the effective delivery of capital projects, priority of funding for the first year of programming apportionment (FY 2022-23) will be provided to ongoing programs, such as regional and CTA planning activities, non-infrastructure projects and programs, and the preliminary engineering phase of capital projects.
Specific programming timelines will be determined through the development of the Annual Obligation Plan, which is developed by MTC staff in collaboration with the Bay Area Partnership technical working groups and project sponsors.
OBAG 3 projects are selected for funding based on program and fund source eligibility, project merit to achieve program objectives, and deliverability within established deadlines.
The OBAG 3 program funding is composed of approximately 60% STP and 40% CMAQ funding.
MTC will select projects throughout the nine-county Bay Area based on the established project selection criteria and programming policies. STP and CMAQ funds will be assigned to specific projects as part of the project selection process. The amount of STP or CMAQ in any one program, or in the case of the County & Local Program in any one county, will be determined as part of the project selection process. Following the initial project selection and fund assignment process, MTC may re-assign fund sources to reflect available apportionment or obligation authority, or to otherwise effectively manage regional STP and CMAQ funds.
All OBAG 3 programming amounts must be rounded to the nearest thousand.
All project savings are returned to MTC for future programming, and are not retained by the project sponsor or county.
15. Project Delivery Policy: Once programmed in the TIP, the funds must be obligated by FHWA or transferred to the Federal Transit Administration (FTA) within the federal fiscal year the funds are programmed in the TIP. Additionally, all OBAG 3 funds must be obligated no later than January 31, 2027.
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Project sponsors are responsible for securing necessary matching funds and for cost increases or additional funding needed to complete the project.
Obligation deadlines, project substitutions and redirection of project savings will continue to be governed by the MTC Regional Project Funding Delivery Policy (MTC Resolution No. 3606 and any subsequent revisions). All funds are subject to obligation, award, invoicing, reimbursement and project close-out requirements. The failure to meet these deadlines may result in the de- programming and redirection of funds to other projects.
To further facilitate project delivery and ensure all federal funds in the region are meeting federal and state regulations and deadlines, every recipient of OBAG 3 funding is required to identify and maintain a staff position that serves as the single point of contact (SPOC) for the implementation of all FHWA-administered funds within that agency. The person in this position must have sufficient knowledge and expertise in the federal-aid delivery process to coordinate issues and questions that may arise from project inception to project close-out. The agency is required to identify the contact information for this position at the time of programming of funds in the TIP, and to notify MTC immediately when the position contact has changed. This person will be expected to work closely with FHWA, Caltrans, MTC, and the respective CTA on all issues related to federal funding for all FHWA-funded projects implemented by the recipient.
Project sponsors that continue to miss delivery milestones and funding deadlines for any federal funds are required to prepare and update a delivery status report on all projects with FHWA-administered funds they manage, and participate, if requested, in a consultation meeting with the CTA, MTC, and Caltrans prior to MTC approving future programming or including any funding revisions for the agency in the TIP. The purpose of the status report and consultation is to ensure the local public agency has the resources and technical capacity to deliver FHWA federal-aid projects, is fully aware of the required delivery deadlines, and has developed a delivery timeline that takes into consideration the requirements and lead-time of the federal-aid process within available resources.
COUNTY & LOCAL PROGRAM POLICIES
In addition to the general programming policies, the following policies also apply to all projects selected for funding in the County & Local Program.
1. Minimum Grant Size: Projects must be a minimum of $500,000 for counties with a population over 1 million (Alameda, Contra Costa, and Santa Clara counties) and $250,000 for counties with a population under one million (Marin, Napa, San Francisco, San Mateo, Solano, and Sonoma counties). The purpose of grant minimum requirements is to maximize the efficient use of federal funds and minimize the number of federal-aid projects which place administrative burdens on project sponsors, CTAs, MTC, Caltrans, and Federal Highway Administration (FHWA) staff.
On a case by case basis, MTC may program a grant award that is below the county minimum, but no less than $150,000. These exceptions are subject to MTC staff discretion, but may be limited to non-infrastructure projects, safety projects, or projects that are already federalized.
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2. Project Selection Process: MTC selects project in the County & Local Program through a competitive call for projects process, administered by MTC in coordination with the CTAs. In early 2022, MTC will develop and approve the call for projects guidelines (Appendix A-1) prior to releasing a regionwide call for local and county project nominations. In coordination with MTC, CTAs will assist with local agency outreach, public engagement, and initial project screening and evaluation. Following this initial process, CTAs will submit a locally prioritized list of project nominations for MTC’s regional evaluation and final project selection in early 2023.
3. County Nomination Targets: With the release of the regionwide call for projects, MTC will provide CTAs with their nomination targets for the OBAG 3 County & Local Program.
Nomination targets are established to guide the maximum funding request from each county. Similar to prior cycles, these targets will be based on population, recent housing production and planned growth, and housing affordability. However, these investment targets do not commit or imply a guaranteed share of funding to any individual county or jurisdiction. Each county’s nomination target will also be adjusted to ensure that it is greater than the amount of base planning funding for that county (affects Napa County).
In order to ensure a sufficient pool of projects for MTC’s final project selection, the nomination targets will be 120% of the total amount available for the County & Local Program minus the amounts for CTA Base Planning. Nomination targets will be detailed in Appendix A-1.
4. Project Selection Criteria & Outreach: MTC will develop detailed project selection criteria and outreach requirements prior to the release of the call for projects, and provided in Appendix A-1. The project selection guidelines will include, but may not be limited to, the following criteria: Detailed project selection criteria and outreach requirements are provided in Appendix A-1. Project selection guidelines include, but are not limited to, the following criteria:
• Screening of all projects for consistency with Plan Bay Area 2050, federal fund eligibility, and OBAG 3 programming policy requirements. • Alignment with Plan Bay Area 2050 strategies and federal performance management targets.
• Consistency with adopted regional plans and policies, such as Regional Safety/Vision Zero policy, Equity Platform, Regional Active Transportation Plan (AT Plan), Complete Streets Policy, Transit Oriented Communities (TOC) Policy, and priority actions from the Blue Ribbon Transit Transformation Action Plan. • Projects located within PDAs, or select new growth geographies, and EPCs • Projects identified in completed CBTPs or PBs
• Project deliverability within program deadlines.
• Emissions reductions benefit and cost effectiveness calculation (for projects eligible for CMAQ).
In addition to these criteria, final project selection will also reflect the relative PDA investment targets per county and the regionwide investment target of $200 million in 217
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active transportation (as described in Program Categories section, above). Consideration will also be given to overall project mix, equity, geographic spread, and to available fund sources and amounts.
POLICY CONSISTENCY
OBAG 3 Program Categories are designed to support and advance regional and federal priorities, including Plan Bay Area 2050 strategies and FHWA Federal Performance Goal Areas, as illustrated in the matrix below.
OBAG 3 Program Category PBA 2050 Strategies Federal Performance Goal Areas Planning & Program
Implementation
H3, H4, H5, H6, H8
T1, T2, T3, T6, T7, T8, T9,
T10, T11, T12
EC4, EC5, EC6
EN1, EN2, EN3, EN4, EN5,
EN6, EN7, EN8, EN9
Safety
Infrastructure Condition
System Reliability
Freight Movement and Economic
Vitality
Congestion Reduction
Environmental Sustainability
Growth Framework
Implementation
H3, H4, H5, H6, H8
T1, T2, T3, T11
EC4, EC5, EC6
EN4
Congestion Reduction
Environmental Sustainability
Climate, Conservation and
Resilience
T2, T7, T8
EN1, EN4, EN5, EN6, EN7,
EN8, EN9
System Reliability
Congestion Reduction
Environmental Sustainability
Complete Streets and
Community Choice T1, T2, T3, T6, T7, T10
System Reliability
Freight Movement and Economic
Vitality
Congestion Reduction
Environmental Sustainability
Multimodal Systems
Operations and Performance T1, T2, T3, T8, T9, T10
Safety
Infrastructure Condition
Congestion Reduction
Environmental Sustainability
For a complete list of Plan Bay Area 2050 strategies, see pages vii-x of the adopted plan, available at https://www.planbayarea.org/.
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Appendix A-1: County & Local Program Call for Projects Guidelines The One Bay Area Grant (OBAG 3) County & Local Program funding is available to projects through a competitive call for projects process, administered and selected by MTC in coordination with the nine Bay Area County Transportation Agencies (CTAs). MTC is responsible for call for projects oversight and final project selection.
To receive County & Local Program funding, CTAs and project sponsors must adhere to all OBAG 3 programming policies, including the call for projects guidelines. In the case of any conflict or inconsistency between these guidelines (MTC Resolution No. 4505, Appendix A-1) and the OBAG 3 Project Selection and Programming Policies (MTC Resolution No. 4505, Attachment A), the Project Selection and Programming Policies will be given precedence.
Program Requirements
Sponsor Requirements
Bay Area cities, counties, transit agencies, federally-recognized Tribal governments, and CTAs are eligible to apply for OBAG 3 County & Local Program funds. Cities and counties must meet the following requirements to maintain eligibility for program funding:
• Have a general plan housing element adopted and certified by the California Department of Housing and Community Development (HCD) for the 2023-31 Regional Housing Needs Allocation (RHNA) cycle by December 31, 2023, and maintain certification throughout the OBAG 3 program period, except as noted below;
• Submit Housing Element Annual Reports to HCD each year by the April 1 deadline throughout the OBAG 3 program period;
• Adopt a resolution self-certifying compliance with state housing laws related to surplus lands, accessory dwelling units, and density bonuses by December 31, 2023, except as noted below; • Maintain ongoing compliance with the Housing Accountability Act (as determined by MTC staff) throughout the OBAG 3 program period;
• Complete a Local Roadway Safety Plan (LRSP) or equivalent safety plan, as defined by the California Highway Safety Improvement Program (HSIP) guidelines, by December 31, 2023; • Maintain a certified Pavement Management Program (StreetSaver® or equivalent), updated as prescribed by MTC staff;
• Fully participate in statewide local streets and road needs assessment surveys (including any assigned funding contribution); and
• Provide traffic count data to MTC to support FHWA’s Highway Performance Monitoring System (HPMS) on an annual basis, or as directed by MTC staff.
Jurisdictions that do not receive or maintain HCD housing element certification and/or have not adopted a state housing law self-certification resolution by December 31, 2023 will have any County & Local Program awards removed from the TIP. Jurisdictions will be given a one-year grace period to come into compliance with these housing-related requirements, during which time MTC will reinstate County & Local Program awards in the TIP for newly compliant sponsors at the earliest opportunity. MTC staff will 219
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provide an update to the Commission on Bay Area jurisdictions’ Housing Element certification progress in June 2024.
MTC will rescind any County & Local funds not programmed in the TIP from jurisdictions that remain or become noncompliant with these requirements after the Housing Element certification deadline.
MTC may retain County & Local Program funds in the TIP for sponsors that are noncompliant with the housing-related requirements referenced above, for projects that meet one of the following conditions:
• Projects awarded state or federal competitive grants that may be jeopardized by the deprogramming of County & Local Program funds.
• For capital projects that have not received final National Environmental Policy Act (NEPA) approval, sponsors may request to maintain a nominal amount of County & Local Program funds in the construction phase to continue the environmental approval process without interruption.
The above requirements do not apply to sponsors with no general plan or land use authority, such as CTAs or transit agencies under a Joint Powers Agreement (JPA) or special district.
In addition, all recipients of OBAG 3 funding, including public agencies without land use authority as well as federally-recognized Tribal governments, are required to:
• Comply with MTC’s Complete Streets Policy, and its successor, including the requirement to complete a Complete Streets Checklist for each project applying for OBAG 3 funding; and • Comply with MTC’s Regional Project Delivery Policy (MTC Resolution No. 3606), including identification of a staff position to serve as the single point of contact (SPOC) for the implementation of all FHWA-administered funds within that agency. The person in this position must have sufficient knowledge and expertise in the federal-aid delivery process to coordinate issues and questions that may arise from project inception to project close-out.
Project Requirements
Sponsors may apply to receive funding through the call for projects process for eligible project types, as detailed by program category in the County & Local Programs section of Attachment A. Projects must comply with OBAG 3 General Programming Policies, in addition to the programming policies specific to the County & Local Program.
For each project, sponsors must provide the following:
• A Complete Streets Checklist for each distinct project location using the form provided by MTC (available at https://mtc.ca.gov/planning/transportation/complete-streets ). CTAs must make
checklists available to their Bicycle and Pedestrian Advisory Committee (BPAC) for review prior to project nomination. For projects that have already submitted a Complete Streets checklist for prior cycles of regional discretionary funding, sponsors may be required to complete an updated checklist or complete a second checklist review with their BPAC, as determined on a case-by- case basis by MTC staff.
• For projects eligible for Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds, the inputs necessary to assess the emissions benefits and cost-effectiveness of air quality 220
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improvements resulting from project implementation. Air quality calculation input forms are provided on the OBAG 3 webpage (available at www.mtc.ca.gov/obag3). • All projects selected by MTC for funding must provide a Resolution of Local Support, approved by the sponsor’s governing body (template resolutions are available at www.mtc.ca.gov/obag3). • All projects selected by MTC for funding must submit a project application, through MTC’s Fund Management System (FMS), including a copy of the approved Resolution of Local Support.
PDA Minimum Investments
CTA nomination lists must meet or exceed the minimum threshold established for PDA supportive investments. For the North Bay counties of Marin, Napa, Solano, and Sonoma, the overall PDA supportive nominations must total 50% or more of the CTA’s total funding request for that county. For the remaining counties of Alameda, Contra Costa, San Francisco, San Mateo, and Santa Clara, 70% or more of each CTA’s funding request must consist of PDA supportive projects.
To be credited towards each county’s PDA minimum investment threshold, a project must be located within or connected to a PDA, or be within one mile of a PDA boundary. Projects that are not physically located within one mile of a PDA but have a clear and direct connection to PDA implementation, such as transit maintenance facility improvements, may also be credited towards the PDA minimum investment thresholds. Determinations for such projects will be provided by MTC staff on a case-by-case basis.
Projects which consist of countywide programs or activities, including funds dedicated to CTA planning and programming, are given partial credit towards each county’s minimum investment threshold calculations (70% or 50%, in line with each county’s minimum threshold).
Nomination Targets
County nomination targets establish the maximum funding request that each CTA may make through County & Local Program project nominations. Similar to prior OBAG cycles, these targets are based on population, recent housing production and planned growth, and housing affordability. However, the OBAG 3 nomination targets do not commit or imply a guaranteed share of funding to any individual county or jurisdiction.
To ensure a sufficient pool of projects for regional selection, MTC is soliciting nominations for 120% of the available funding capacity for the County & Local Program. Each CTA’s nomination target is calculated as a percent share of this overall nomination total, using the following factors:
• Population: 50% of the nomination target is based on a county’s share of the regional population, using 2021 population estimates from the California Department of Finance. • Housing Production: 30% of the nomination target is based on a county’s share of regional housing production during the current and previous Regional Housing Needs Allocation (RHNA) cycles (2007 to 2019), using building permit data compiled by the Association of Bay Area Governments (ABAG).
• Planned Growth: 20% of the nomination target is based on a county’s share of regional housing allocations through the 2023-31 RHNA cycle.
• Housing Affordability: For housing production and RHNA factors, 60% of each factor is calculated based on the production or planned growth in affordable housing alone, while the 221
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remaining 40% considers all housing types. Affordable housing is defined as housing for very low-, low-, or moderate-income households, categories established by the California Department of Housing and Community Development (HCD) based on housing cost as a proportion of local area median income (AMI). For the purposes of calculating nomination targets, county-specific AMI values are used.
• Planning and Implementation Balance: Nomination targets may be further adjusted to ensure that no county receives a nomination target below the base planning amount programmed for that county. No such adjustments were necessary in developing the proposed nomination targets for OBAG 3.
The resulting nomination targets are detailed in the table below by county. CTAs may only nominate County & Local Program projects up to the target amounts listed below.
County CTA Nomination
Share
Nomination
Target
Alameda Alameda County Transportation Commission 20.3% $82,827,000 Contra Costa Contra Costa Transportation Authority 13.9% $56,775,000 Marin Transportation Authority of Marin 2.8% $11,544,000 Napa Napa Valley Transportation Authority 1.5% $6,143,000 San Francisco San Francisco County Transportation Authority 15.2% $62,138,000 San Mateo City/County Association of Governments of San Mateo County 9.1% $37,054,000
Santa Clara Santa Clara Valley Transportation Authority 26.8% $109,385,000 Solano Solano Transportation Authority 4.7% $19,159,000 Sonoma Sonoma County Transportation Authority 5.6% $22,975,000 CTA Nomination Totals (120% available funds) $408,000,000 Funds Available (County & Local Program) $340,000,000
In addition, CTAs are encouraged (but not required) to submit project nomination lists that align with the following regionwide County & Local Program funding targets and constraints:
• Active Transportation Investment Target: OBAG 3 establishes a regionwide target of $200 million for active transportation projects, including bicycle, pedestrian, and Safe Routes to School (SRTS) programs and projects. Bicycle and pedestrian elements included on projects that are not solely focused on active transportation (such as sidewalk or bike lane improvements included in a local road preservation project) also contribute to this regionwide investment target. • SRTS Investment Target: OBAG 3 carries forward ongoing commitments to SRTS programming, by establishing a $25 million regionwide target for SRTS programs and projects.
Qualifying projects also contribute to the broader active transportation investment target described above.
• Fund Source Eligibility: Fund source targets for the County & Local Program are proportional to the overall composition of OBAG 3 funding, estimated to be 60% Surface Transportation Block 222
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Grant Program (STP) funds and 40% CMAQ funds. As CMAQ is the more restrictive fund source, in effect this constraint requires that at least 40%, or $150 million, of County & Local Program funds be allocated to CMAQ-eligible projects.
Outreach Requirements
MTC partners with CTAs to conduct public engagement and local agency outreach for the County & Local Program call for projects, consistent with Title VI of the Civil Rights Act and associated federal requirements. The existing relationships CTAs have with local jurisdictions, elected officials, transit agencies, federally-recognized Tribal governments, community organizations and stakeholders, and members of the public within their respective counties make them well suited to assist MTC in this role.
CTAs should develop outreach plans consistent with this section, and each CTA must have their plan approved by MTC staff prior to initiating the call for projects activities in their respective county. In addition, CTAs are required to submit documentation to MTC demonstrating compliance with this section during the project nomination process. A list of acceptable outreach compliance documentation can be found below (page 7).
Public Engagement
As part of their call for projects process, CTAs are required to conduct countywide outreach and engagement with stakeholders and the public to solicit project ideas. CTAs are expected to implement their public outreach and engagement efforts in a manner consistent with MTC’s Public Participation Plan (MTC Resolution No. 4174), which can be found at http://mtc.ca.gov/about-
mtc/public-participation/public-participation-plan. C TAs should make every effort to follow current best practices related to virtual and in-person public participation, outreach, and engagement.
CTAs should also make meaningful efforts to lower participation barriers for hard-to-reach populations, Limited English Proficient (LEP) speakers, people with disabilities, and those who are historically challenged from weighing in on public decision making processes.
At a minimum, MTC and CTAs are required to:
• Execute effective and meaningful local outreach and engagement efforts during the call for projects by working closely with local jurisdictions, elected officials, transit agencies, community-based organizations, other relevant stakeholders, and the public through the project solicitation process;
• Explain the local call for projects process, informing stakeholders and the public about methods for public engagement; relevant key milestones; the timing and opportunities for public comments on project ideas, including all standing public meetings and any County & Local Program call for projects-specific events and/or meetings; and when decisions are to be made on the list of projects to be submitted to MTC; • Hold public meetings and/or workshops at times that are conducive to public participation to solicit public input on project ideas to submit;
• When possible, schedule meetings/events at times and locations that prioritize participation from Equity Priority Communities and other communities that have historically been systematically left out of the decision-making process; 223
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Adopted: 03/23/22-C
Revised: 06/22/22-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
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• Post notices of public meetings and hearing(s) on their agency website; include information on how to request language assistance for individuals with limited English proficiency, as well as reasonable accommodations for persons with disabilities. If agency protocol has not been established, please refer to MTC’s Plan for Assisting Limited English Proficient Populations at mtc.ca.gov/about-mtc/public-participation/get-language-assistance or the
Americans with Disabilities Act;
• Offer language assistance1 and accommodations for people with disabilities on all collateral materials and meeting notices. Establish a reasonable amount of time to request assistance in advance and include this information in materials and meeting notices; • Hold in-person public meetings, when health protocols allow for in-person meetings to be safely held, in central locations that are accessible via multiple transportation modes, especially public transit, and ensure all locations are accessible to persons with disabilities; and
• Respond to written public comments, and whenever possible, post all written comments to the agency’s website and summarize how public feedback impacted the decision-making process.
CTAs with recent public engagement efforts relevant to the County & Local Program call for projects are encouraged to incorporate the results of these efforts into their project prioritization process, provided that such efforts are:
• Completed recently or concurrently (up to 12 month prior to the County & Local Program call for projects, with older but relevant outreach considered by MTC staff on a case-by-case basis); • Sufficiently comprehensive to determine public support and priorities for transportation project types eligible for funding under OBAG 3 (for example, development of a Countywide Transportation Plan or Countywide Capital Improvement Program); • Conducted in an accessible, equitable manner consistent with federal Title VI nondiscrimination requirements; and
• Supplemental to other, dedicated opportunities for public input on OBAG 3 County & Local Program funding specifically that meet the minimum outreach requirements detailed in the paragraph above.
Agency Coordination
CTAs are expected to work closely with regional stakeholders during the call for project process, including MTC, Caltrans, and potential project sponsors. At a minimum, MTC and CTAs are required to communicate the call for projects and solicit applications from all local jurisdictions, transit agencies, and federally recognized Tribal governments within their county boundaries. For counties with federally
1 The Regional Housing Technical Assistance program has developed a useful reference document that outlines best practices for offering language translation services:
https://abag.ca.gov/sites/default/files/documents/2021-11/Best_Practices_Multilingual_Engagement_10- 2021.pdf.
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Adopted: 03/23/22-C
Revised: 06/22/22-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies Page 7
recognized Tribal governments within their jurisdictions, MTC and CTAs are required to offer opportunities for government-to-government consultation to the Tribes.
Title VI Responsibilities
Call for projects processes must be consistent with Title VI of the Civil Rights Act, and the associated Executive Order on Environmental Justice (EO 12898), which together prohibit discrimination in federally- assisted programs on the basis of race, ethnicity, or income. Public outreach to, and involvement of, individuals in low income and communities of color covered under Title VI is critical to both local and regional decisions. MTC and CTAs are required to ensure that underserved communities are provided opportunities for access and input to the project submittal process. This may include, but is not limited to, the following:
• Assisting community-based organizations, Equity Priority Communities, and any other underserved community interested in having projects submitted for funding; and • Removing barriers for persons with limited-English proficiency and other communities that have historically been systematically left out of the decision-making process to have access to the project submittal process.
Resources and Documentation
CTAs may refer to MTC’s Public Participation Plan for further guidance on Title VI outreach strategies, found at http://mtc.ca.gov/about-mtc/public-participation/public-participation-plan. Additional resources related to Title VI, civil rights compliance, and virtual participation are available from these agencies:
• FHWA at http://www.fhwa.dot.gov/civilrights/programs/tvi.htm; • Caltrans at http://www.dot.ca.gov/hq/LocalPrograms/DBE_CRLC.html#TitleVI; • MTC at http://www.mtc.ca.gov/get_involved/rights/index.htm; and • ABAG webinar: “Engage How To! Introduction to Remote Meeting Tools” at https://abag.ca.gov/our-work/housing/regional-housing-technical-assistance/training
Additionally, CTAs are encouraged to use the following resources to source MTC pre-approved consultant services for their outreach efforts:
• Equity Consultant Bench: for general support with outreach activities, available at https://mtc.ca.gov/sites/default/files/documents/2021-
07/Equity_Bench_Consultant_Catalog_2021.pdf; and
• Translation and Interpreter Services Consultant Bench: for translation, interpretation, and American Sign Language (ASL) services to ensure meaningful access by Limited English Proficiency (LEP) populations (as required under Title VI) and provide accessibility accommodations (as required by the Americans with Disabilities Act), available at http://mtc.legistar.com/gateway.aspx?M=F&ID=5b527bad-4840-4614-8ce8-72d94770e4e6.pdf .
Both consultant benches include consultant firms pre-qualified by MTC through Request for Qualifications (RFQ) processes which included “Cooperative Use” language, allowing other agencies to use MTC’s processes to satisfy their own contracting and procurement guidelines.
To demonstrate compliance with outreach requirements, CTAs are required to submit the following documentation to MTC staff by September 30, 2022:
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MTC Resolution No. 4505
Adopted: 03/23/22-C
Revised: 06/22/22-C 12/20/23-C 04/24/24-C
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• A copy of the CTA’s public outreach and engagement plan, developed in coordination with MTC; • Copies or text of public notice(s) of opportunities for members of the public to provide input on County & Local Program criteria and/or project nominations, which must include information on how to request language assistance and accessibility accommodations; • A list of CBOs or other organizations representing potentially impacted groups that the CTA contacted for input on the County & Local Program;
• Dates, times, and locations of public meetings, hearings, and/or workshops where opportunity for public input on the County & Local Program was afforded; • A summary of public input received during the call for projects process, and how such feedback, and the results of any relevant prior outreach, was used in the CTA evaluation and decision- making process;
• A description of correspondence and/or meetings with all applicable local jurisdictions, transit agencies, and federally-recognized tribal governments informing each of the call for projects opportunity; and
• If information from prior or concurrent outreach efforts was incorporated into the CTA’s call for projects process, a narrative description of these efforts, how the results informed project prioritization, and how the CTA met the minimum public involvement requirements for the OBAG 3 call for projects described above.
County Screening and Evaluation
CTAs, in coordination with MTC, will solicit and collect project applications, screening applicants and projects for program eligibility, and initial scoring and/or ranking of projects. CTAs will develop individual application materials, deadlines, and processes for their county’s call for projects, consistent with these overall program guidelines and subject to approval by MTC staff. At minimum, CTAs must incorporate the following regional criteria into their project evaluations. • Eligibility: CTAs should screen potential sponsors and applications for eligibility with federal and regional requirements. Projects must be:
o Eligible for STP or CMAQ funds, as detailed in 23 USC Sec. 133 and at https://www.fhwa.dot.gov/fastact/factsheets/stbgfs.cfm (STP), and in 23 USC Sec. 149 and at http://www.fhwa.dot.gov/environment/air_quality/ cmaq/policy_and_guidance/ (CMAQ);
o Consistent with Plan Bay Area 2050, available at https://www.planbayarea.org/; and o Meet all OBAG 3 programming policy requirements described in these guidelines and in MTC Resolution 4505.
• Alignment: CTAs should evaluate projects for alignment with relevant federal and regional plans and policies. Additional weight should be given to projects that:
o Are located in PDAs or Transit-Rich Areas (TRAs), identified in locally-adopted plans (e.g.
Specific Plans) for PDAs, or support preservation of Priority Production Areas (PPAs), as defined in Chapter 1 of Plan Bay Area 2050 and available for viewing or download at https://opendata.mtc.ca.gov/datasets/MTC::plan-bay-area-2050-growth- geographies/about;
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MTC Resolution No. 4505
Adopted: 03/23/22-C
Revised: 06/22/22-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies Page 9
o Invest in historically underserved communities, which may include projects prioritized in a Community-Based Transportation Planning (CBTP) or Participatory Budgeting process, or projects located within Equity Priority Communities with demonstrated community support. Equity Priority Communities are defined in Chapter 1 Plan Bay Area 2050 and described at https://mtc.ca.gov/planning/transportation/access-equity-mobility/equity- priority-communities;
o Are located in jurisdictions with affordable housing protection, preservation, and production strategies, including an emphasis on community stabilization and anti- displacement policies with demonstrated effectiveness;
o Implement multiple Plan Bay Area 2050 strategies, described throughout the Plan (in particular, Chapters 2-5), or implementation actions (Chapter 7); o Advance Federal Performance Management Goals for safety, asset management, environmental sustainability and system performance, as detailed in 23 USC Sec. 105(b) and at https://www.fhwa.dot.gov/tpm/about/goals.cfm
;
o Demonstrate consistency with one or more of the following regional plans and policies:
Regional Safety/Vision Zero Policy (MTC Resolution No. 4400):
https://mtc.ca.gov/tools-resources/digital-library/10a-20-0788-resono-4400- regional-safety-vz-policypdf
Equity Platform: https://mtc.ca.gov/about-mtc/what-mtc/equity-platform Regional Active Transportation Plan (in development):
https://mtc.ca.gov/funding/investment-strategies-commitments/climate- protection/regional-active-transportation-plan
Transit Oriented Communities Policy (update pending):
https://mtc.ca.gov/planning/land-use/transit-oriented-development-tod-policy Blue Ribbon Transit Transformation Action Plan:
https://mtc.ca.gov/sites/default/files/documents/2021-
09/Transit_Action_Plan_1.pdf
• Community Support: CTAs must prioritize project applications with demonstrated public support from communities disproportionately impacted by past discriminatory practices, including redlining, racial covenants, urban renewal, and highway construction that divided low- income and communities of color. Community support may be determined through a variety of means, including (but not limited to):
o Responses to public outreach, including comments received at public meetings or hearings, feedback from community workshops, survey responses, etc.; and o Endorsement by a Community-Based Organization (CBO) representing historically and potentially impacted populations.
• Deliverability: CTAs must evaluate applicants and projects for potential deliverability issues, deprioritizing or excluding projects as needed based on risk. CTAs should ensure that project sponsors have sufficient agency capacity and technical expertise to complete projects in accordance with MTC’s Regional Project Delivery Policy (available at https://mtc.ca.gov/funding/federal-funding/project-delivery ) and meet OBAG 3 deadlines.
Project sponsors must be able to obligate OBAG 3 funds no later than January 31, 2027. 227
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Adopted: 03/23/22-C
Revised: 06/22/22-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies Page 10
CTA project evaluation criteria must be approved by both MTC staff and the CTA’s governing board prior to initiating the call for projects activities in their respective county. CTAs may develop separate evaluation frameworks by project type, but each such framework must meet the requirements of this section.
Project Nominations
After completing initial project screening and evaluations, CTAs will submit project nominations and associated documentation to MTC for regional evaluation and project selection. Nomination lists must be approved by the CTA’s governing board prior to submission to MTC. CTA project nomination packets are due to MTC by September 30, 2022, and must include the following elements:
• Nomination List: list(s) of eligible candidate projects for the OBAG 3 County & Local Program, ranked or scored according to the evaluation criteria developed by the CTA and approved by MTC staff. Nomination lists must comply with all OBAG 3 programming policies, including sponsor and project requirements, PDA minimum investments, and CTA nomination targets. • Board Approval: signed resolution documenting CTA governing board action approving the County & Local Program project nomination list.
• Outreach Documentation: materials verifying CTA compliance with outreach requirements as described above.
• Compliance Checklists: completed checklists and supporting documentation affirming compliance with County & Local Program programming policies for both the CTA and each sponsor with a project on the nomination list. Checklists should be completed by the CTA, and must be signed by a signatory authority for the concerned agency. CTA and sponsor checklists are provided through the OBAG 3 webpage (available at www.mtc.ca.gov/obag3) under “Partner Agency Resources.”
Regional Project Evaluation
Using the nomination packets provided by the CTAs, MTC staff will form a review committee composed of multidisciplinary group of staff members to complete a regional project evaluation process and develop a recommended subset of projects for adoption by the Commission. This process will consist of the following steps:
• Eligibility Review: MTC staff will review submitted documentation and ensure CTA, sponsor, and project compliance with applicable federal and regional policies. Any issues identified will be communicated to CTA staff, and projects with unresolved issues will be excluded from further consideration.
• Regional Criteria: members of the review committee will score projects using the following rubric:
o CTA Prioritization (75 points): relative CTA project rank or score, scaled to a range of 0-75 and normalized across CTAs.
o Regional Impact (15 points): project alignment with Plan Bay Area 2050 strategies, anticipated effectiveness in advancing regional objectives, and contribution to regionally significant networks or facilities.
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Revised: 06/22/22-C 12/20/23-C 04/24/24-C
Metropolitan Transportation Commission
OBAG 3 Project Selection and Programming Policies Page 11
o Deliverability (10 points): sponsor capacity to deliver the specified project, including consideration of prior performance on MTC-funded projects, and any anticipated risk to the project development schedule or funding plan.
o Air Quality Improvement (10 points): for CMAQ-eligible projects relative cost- effectiveness of projects in reducing emissions for criteria air pollutants for the San Francisco Bay Area Air Basin and additional consideration for PM2.5 reducing projects. • Project Ranking Process: candidate projects will be ranked according to their average review committee score. To ensure that high performing air quality improvement projects are prioritized for CMAQ funding, MTC staff will first develop a recommended list of eligible projects for CMAQ funding using the comprehensive rubric rankings (all eligible projects scored with a maximum possible score of 110 points and ranked from highest to lowest score). All remaining projects, including CMAQ-eligible projects not recommended for funding using this first method, will then be ranked with the air quality improvement portion of the rubric score excluded (all remaining projects scored with a maximum possible score of 100 points and ranked from highest to lowest score). The latter rankings will be used by MTC staff to develop a recommended list of projects for STP funding.
• Program Balancing: candidate projects will be initially prioritized according to their ranking as described above. However, to achieve programmatic investment thresholds, and ensure a balanced program of projects, MTC staff may adjust project prioritization based on the following factors:
o County PDA investment targets;
o Regionwide investment targets, including Active Transportation and SRTS investments; o Relative STP and CMAQ availability; and
o Overall program balancing for a variety of project types, equitable investments, and geographic spread.
Using this process, MTC staff will develop a draft program of recommended projects for Commission adoption. MTC staff will coordinate with CTA staff to provide comments and feedback on the draft program of projects, and may refine the recommended program of projects accordingly.
Program Approval
The Commission will consider the recommended OBAG 3 County & Local Program projects in January 2023. Projects approved by the Commission for funding will be eligible for programming into the TIP starting in February 2023. Approved County & Local Program projects and any subsequent revisions by the Commission will be detailed in Attachment B-2.
Projects nominated by CTAs but not selected for funding by the Commission will automatically be considered for future eligible funding opportunities through the OBAG 3 Regional Program, or as additional programming capacity becomes available for the County & Local Program. 229
Attachment B-1
MTC Resolution No. 4505
OBAG 3 Regional Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Total Other OBAG 3 REGIONAL PROGRAMS $363,120,000 $91,520,000
1. PLANNING AND PROGRAM IMPLEMENTATION
Planning and Program Implementation
Regional Planning Activities MTC $8,300,000
Program and Project Implementation MTC $37,200,000
Program and Project Implementation - Transit Transformation MTC $4,000,000
1. PLANNING AND PROGRAM IMPLEMENTATION $49,500,000 $0
2. GROWTH FRAMEWORK IMPLEMENTATION
Growth Framework Implementation
PDA Planning and Technical Assistance Grants
PDA Planning and Technical Assistance Grants - Balance MTC $6,415,000 Alameda County: San Lorenzo Village Specific Plan MTC $600,000 Benicia: Eastern Gateway Infrastructure Master Plan MTC $312,000 Campbell: Hamilton Avenue Precise Plan MTC $400,000
Fairfield/STA: Solano Rail Hub Residential Cluster MTC $200,000 Millbrae: El Camino Real Streetscape Plan Implementation MTC $200,000 Millbrae: MSASP Amend - Integrated Multi-Modal Transit Stn MTC $600,000 Milpitas: Innovation District Parks and Trails Master Plan MTC $200,000 Milpitas: Milpitas Main Street Sense of Place Plan MTC $600,000 Moraga: Moraga Center Specific Plan MTC $600,000
Moraga: Moraga Center Specific Plan Amendments MTC $88,000 Orinda: Path for Affordable Housing TOD at Orinda BART MTC $200,000 Petaluma: Corona Road SMART Station PDA Specific Plan MTC $1,150,000 San Carlos: Downtown Together - Downtown Specific Plan MTC $300,000 San Francisco: Well-Resourced PDAs Zoning Plan MTC $1,035,000 San Leandro: Bay Fair TOD Specific Plan Amendment MTC $600,000 San Leandro: Bay Fair TOD Sub-Area 1 Precise Plan MTC $1,200,000 Santa Rosa: South Santa Rosa Specific Plan MTC $1,200,000 Sebastopol: Workforce Housing Zoning MTC $250,000
Sonoma County: Airport Area Specific Plan Update (Removed) MTC $800,000 Suisun City/STA: PDA Project Implementation MTC $200,000 Vacaville: Allison Policy Plan MTC $1,200,000
Vallejo: Downtown Amend and Streetscape Impl MTC $1,200,000 Vallejo: Waterfront Amendment MTC $1,200,000
Priority Production Area (PPA) Pilot Program
Benicia: Port of Benicia - Infras. & Facility Modernization Plan MTC $0 $750,000 CC County: N Waterfront PPAs Technical Assistance Project MTC $0 $500,000 East Bay Econ Dev Alliance: Next Gen EB Indust Bldgs/Dists MTC $0 $500,000 STA: Aligning Middle Wage Jobs with Housing in Solano County MTC $0 $500,000 Regional Housing Initiatives
BAHFA $0 $5,000,000
Regional Housing Technical Assistance (Revised) MTC $2,800,000
2. GROWTH FRAMEWORK IMPLEMENTATION $22,750,000 $7,250,000
3. CLIMATE, CONSERVATION, AND RESILIENCE
Climate Initiatives
Mobility Hubs
Mobility Hubs Capital Grants - Balance TBD $9,600,000 $10,610,000 Dublin/Pleasanton Access and Station Area Improvements BART $0 $3,000,000 Martinez Amtrak Station Shared Mobility Hub CCTA $0 $3,000,000 San Fernando Street Small-Scale Mobility Hubs San Jose $0 $1,140,000 Contra Costa College (CCC) Mobility Hub San Pablo $0 $2,950,000 Mobility Hubs Planning Grants - Balance MTC $564,000
ECCTA: Antioch Park n Ride Mobility Hub Plan MTC $400,000 SFMTA: Southeastern SF Mobility Hub Plan MTC $396,000
MTC Res. No. 4505 Attachment B-1
Adopted: 01/26/22-C
Revised: 02/23/22-C 06/22/22-C 09/28/22-C 10/26/22-C 11/16/22-C 01/25/23-C 02/22/23-C 03/22/23-C 05/24/23-C 06/28/23-C 07/26/23-C 09/27/23-C 10/25/23-C 11/22/23-C 12/20/23-C 02/28/24-C 03/27/24-C 05/22/24-C 06/26/24-C 07/24/24-C 09/25/24-C 11/20/24-C 12/18/24-C Regional Housing Bond - County Election Cost Reimbursement Metropolitan Transportation Commission (MTC) 1 MTC Resolution No. 4505 Attachment B-1230 Attachment B-1
MTC Resolution No. 4505
OBAG 3 Regional Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Total Other OBAG 3 REGIONAL PROGRAMS $363,120,000 $91,520,000
MTC Res. No. 4505 Attachment B-1
Adopted: 01/26/22-C
Revised: 02/23/22-C 06/22/22-C 09/28/22-C 10/26/22-C 11/16/22-C 01/25/23-C 02/22/23-C 03/22/23-C 05/24/23-C 06/28/23-C 07/26/23-C 09/27/23-C 10/25/23-C 11/22/23-C 12/20/23-C 02/28/24-C 03/27/24-C 05/22/24-C 06/26/24-C 07/24/24-C 09/25/24-C 11/20/24-C 12/18/24-C TAM: Marin County Mobility Hub Plan MTC $400,000
Mobility Hubs and Parking Management Technical Assistance MTC $740,000 Bikeshare
MTC $1,250,000 $15,940,000
Adaptive Bikeshare Pilot - Berkeley, Emeryville, Oakland, San Jose MTC $0 $100,000 Adaptive Bikeshare Pilot - San Francisco MTC $0 $100,000 Bay Wheels Bikeshare Expansion - Daly City MTC $0 $1,250,000 Bikeshare Outreach MTC $300,000
Bikeshare Station Electrification MTC $560,000
Bikeshare Station Siting - Oakland MTC $0 $150,000
Marketing for Bikeshare E-bike Expansion Launch MTC $0 $150,000 Membership Incentives for Bikeshare E-bike Expansion Launch MTC $0 $200,000 Transportation Electrification
Charging Infrastructure: Regional Technical Assistance Program TBD $0 $20,000,000 Charging Infrastructure: Transit Station Public Charging Program Electric Vehicle Charging at BART Stations BART $0 $5,900,000 Richmond Ferry Terminal Charging Infrastructure WETA $0 $3,750,000 Suisun City EV Charging Station Installation Suisun City $0 $350,000 Local Public Fleet Electrification: Planning Assistance MTC $4,000,000 MTC $2,000,000
MTC $2,600,000
MTC $1,400,000
Planning & Program Strategy: Local Action Planning MTC $4,500,000 Planning & Program Strategy: Regional Program Strategy MTC $500,000 Parking Management
Parking Management Capital TBD $4,000,000
Parking Management Planning - Balance MTC $322,000
Concord: Downtown Parking Technology Solutions Study MTC $110,000 Lafayette: Downtown Lafayette Parking Mgmt Program MTC $170,000 Menlo Park: Menlo Park Citywide Strategic Parking Plan MTC $125,000 Napa: Park Napa Plan MTC $315,000
Petaluma: Downtown Area Parking Management Plan MTC $100,000 San Mateo: Citywide Parking Requirement Update MTC $200,000 Santa Rosa: Downtown Parking, Curb Mgmt & Access Plan MTC $207,000 Sausalito: Sausalito Downtown Parking Study MTC $106,000 Vallejo: Downtown/Waterfront Parking Mgmt Eval/Action Plan MTC $150,000 Walnut Creek: Downtown Curbside Management Plan MTC $195,000 Regional Transportation Demand Management (TDM)
Commuter Benefits Program MTC $8,400,000
Commuter Benefits Program - Air District BAAQMD $1,600,000 Regional Carpool/Vanpool Program MTC $3,400,000
Bike to Work & Spare the Air Youth MTC $4,800,000
511 Traveler Information Services MTC $14,000,000
Regional TDM Balance MTC $4,000,000
Priority Conservation Area (PCA) Grant Program
Electric Bikeshare: Bay Wheels Bikeshare E-bike Expansion - Berkeley, Emeryville, Oakland, San Francisco, San Jose
Large (500+ Vehicle) Fleet Planning
BART, Berkeley, Marin County, San Francisco, Sonoma County Medium (100-500 Vehicle) Fleet Planning
Alameda, Oakland, San Leandro, Concord, El Cerrito, Novato, San Rafael, Napa, Napa County, San Mateo, South San Francisco, Benicia, Vacaville
Small (<100 Vehicle) Fleet Planning
Dublin, Corte Madera, Fairfax, Mill Valley, San Anselmo, Sausalito, Tiburon, Calistoga, St. Helena, Yountville, Belmont, Half Moon Bay, Hillsborough, Dixon
Metropolitan Transportation Commission (MTC) 2 MTC Resolution No. 4505 Attachment B-1231 Attachment B-1
MTC Resolution No. 4505
OBAG 3 Regional Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Total Other OBAG 3 REGIONAL PROGRAMS $363,120,000 $91,520,000
MTC Res. No. 4505 Attachment B-1
Adopted: 01/26/22-C
Revised: 02/23/22-C 06/22/22-C 09/28/22-C 10/26/22-C 11/16/22-C 01/25/23-C 02/22/23-C 03/22/23-C 05/24/23-C 06/28/23-C 07/26/23-C 09/27/23-C 10/25/23-C 11/22/23-C 12/20/23-C 02/28/24-C 03/27/24-C 05/22/24-C 06/26/24-C 07/24/24-C 09/25/24-C 11/20/24-C 12/18/24-C PCA Program Implementation MTC $0 $1,500,000
PCA Call for Projects - Phase I
MTC $0 $278,000
MTC $0 $1,000,000
Solano County $750,000
MTC $0 $662,000
Napa County $750,000
MTC $0 $1,000,000
MTC $0 $250,000
MTC $0 $1,000,000
MTC $0 $250,000
Sonoma County $550,000
Santa Rosa $750,000
MTC $0 $500,000
San Francisco $750,000
PCA Grant Program Balance TBD $8,050,000
3. CLIMATE, CONSERVATION, AND RESILIENCE $83,010,000 $75,030,000
4. COMPLETE STREETS AND COMMUNITY CHOICE
Healthy, Safe, and Sustainable Streets
Regional Vision Zero/Safety Program
MTC $630,000
MTC $250,000
MTC $0 $400,000
MTC $940,000 $80,000
MTC $1,000,000
San Jose $1,700,000
MTC $0 $2,000,000
MTC $500,000
MTC $500,000
Regional Pavement & Asset Management Program $0
MTC $10,000,000
MTC $1,000,000 $2,000,000
Regional Active Transportation Plan (AT Plan) Implementation Active Transportation Technical Assistance Program
MTC $0 $300,000
MTC $1,000,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
MTC $0 $40,000
San Jose: Quick Build Delineators to Complete 11 Class IV Bikeways MTC $0 $200,000 MTC $0 $40,000
MTC $0 $40,000
Santa Rosa: Deployment of Quick Build Low-Stress Bicycle Facilities MTC $0 $200,000 MTC $0 $40,000
MTC $0 $40,000
MTC $2,740,000
MTC $1,500,000Bay Trail Planning
Active Transportation Technical Assistance Program Balance Napa Valley Vine Trail Coalition: NVVT Gap Closure North to S Napa County Oakland: Doolittle Drive Bay Trail Gap Closure
Orinda: Wilder/Downtown Class 1 Multi-use Path Development Project Petaluma: Lakeville Corridor Multi-Modal Improvements Study Pleasant Hill: Monument Boulevard Active Transportation Corridor SCTA/Rohnert Park: Hwy 101 Bike/Ped Overcrossing at Copeland Creek San Bruno: San Bruno Avenue Complete Streets Project
San Mateo County: Midcoast Multimodal Parallel Trail Gap Closure Santa Clara: De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bike Projects Union City: UC Blvd. Bay Trail Connect/ Ala Creek Trail to Dry Creek Park Vallejo: Mare Island Causeway Complete Street
Bay Area Vision Zero Data System (BayViz)
BayViz Non-Pavement Asset Data Collection
Mountain View: Evelyn Avenue Bikeway, Franklin to Bernardo Data Driven Safety Campaign
Enhancing Support for Safety in the Bay Area (SS4A Match) Vision Zero Working Group Peer Exchanges
Vision Zero Working Group Workshops
Pavement Technical Assistance Program (PTAP)
Pavement Management Program (PMP)
Active Transportation Program (ATP) Application Assistance Active Transportation Workshops
El Cerrito: BART to Bay Trail Connector
El Cerrito: South El Cerrito Safe Routes to School
NCRPOSD: Phinney Fee Acquisition
Visitacion Ave Bike/Ped Safety Improvements
CCTA: Local Roadway Safety Plan Development
NVTA: Local Roadway Safety Plan Development
C/CAG: Local Roadway Safety Plan Development
SCVOSA: Rancho Canada del Oro Bay Area Ridge Trail
Sonoma Schellville Trail Design
Southeast Greenway
Santa Clara County: Upper Stevens Creek Trail
SCVHA: Richmond Ranch Acquisition
POST: Coyote Valley Wildlife Connectivity Planning
CCRCD: Livestock Pond Restoration
EBRPD: Tidewater Expansion
Farm to Market Phase 4
GGNPC: Bothin Marsh Evolving Shorelines
Napa Valley Vine Trail - Vista Carneros Segment
Metropolitan Transportation Commission (MTC) 3 MTC Resolution No. 4505 Attachment B-1232 Attachment B-1
MTC Resolution No. 4505
OBAG 3 Regional Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Total Other OBAG 3 REGIONAL PROGRAMS $363,120,000 $91,520,000
MTC Res. No. 4505 Attachment B-1
Adopted: 01/26/22-C
Revised: 02/23/22-C 06/22/22-C 09/28/22-C 10/26/22-C 11/16/22-C 01/25/23-C 02/22/23-C 03/22/23-C 05/24/23-C 06/28/23-C 07/26/23-C 09/27/23-C 10/25/23-C 11/22/23-C 12/20/23-C 02/28/24-C 03/27/24-C 05/22/24-C 06/26/24-C 07/24/24-C 09/25/24-C 11/20/24-C 12/18/24-C MTC $400,000 $350,000
MTC $250,000
MTC $1,500,000
MTC $1,900,000
SFMTA $4,100,000
Community Choice
Community-Based Transportation Plans (CBTPs)
ACTC: Community-Based Transportation Plans MTC $600,000 CCTA: Community-Based Transportation Plans MTC $450,000 TAM: Community-Based Transportation Plans MTC $150,000
NVTA: Community-Based Transportation Plans MTC $150,000 SFCTA: Community-Based Transportation Plans MTC $0 $370,000 C/CAG: Community-Based Transportation Plans MTC $0 $245,000 VTA: Community-Based Transportation Plans MTC $0 $600,000 STA: Community-Based Transportation Plans MTC $0 $190,000 SCTA: Community-Based Transportation Plans MTC $0 $245,000 Community Action Resource and Empowerment (CARE) Program MTC $0 $1,500,000
TBD $13,500,000
4. COMPLETE STREETS AND COMMUNITY CHOICE $44,760,000 $9,240,000
5. MULTIMODAL SYSTEMS OPERATIONS AND PERFORMANCE
Transit Transformation Action Plan
MTC $13,000,000
TBD $4,095,000
AC Transit $3,906,000
SamTrans $1,421,000
SamTrans $2,000,000
SFMTA $2,200,000
San Jose $4,028,000
Innovative Deployments for Enhanced Arterials - Transit Signal Priority (IDEA TSP) MTC $250,000
MTC $500,000
MTC $200,000
MTC $700,000
MTC $300,000
MTC $5,600,000
Multimodal Systems Programs
MTC $30,000,000
MTC $21,800,000
MTC $1,200,000
MTC $10,000,000
MTC $4,000,000
MTC $3,000,000
MTC $1,000,000
MTC $6,000,000
MTC $6,500,000
MTC $1,000,000
MTC $2,000,000
MTC $2,000,000
MTC $24,400,000
MTC $4,000,000
NVTA $1,000,000SR 29 American Canyon Operational and Multimodal Imps Resilient SR 37
Design Alternative Assessments/Corridor Studies
Adaptive Ramp Metering Implementation - Balance
Adaptive Ramp Metering on SR 237 in Santa Clara County
Optimized Freeway Corridor Operations
Multimodal Arterial Operations
Shared Connected/Automated Vehicles and Technology
Regional ITS Architecture
Express Lanes Studies and Pilots (Non-Infrastructure)
Regional Communications Infrastructure Upgrade
Incident Management
Bay Bridge Forward I-80/Powell I/C Transit Access
El Camino Real - Fast Tracking Corridor-Wide Implementation K-Ingleside Rapid Project Ocean Ave Quick-Build
Vision Zero E San Jose Safety Corridor Senter Rd Boarding Islands CCTA: Innovate 680 - Coordinated Adaptive Traffic Signals (CATS) TAM: Marin Countywide Coordinated Signal Modernization Plan County Connection: Four Corridors TSP
SamTrans: Countywide TSP Program
City of San José: TSP Evaluation and Signal Retiming
Mapping & Wayfinding
Clipper C2 Capital (Loan for RM3)
Forward Programs
El Camino Real Bus Boarding Islands & Stop Balancing in Redwood City Bay Trail Implementation
Bay Trail Technical Assistance
Bay Trail - Marshlands Road (Phase 1)
Bay Skyway: West Oakland Link
SFMTA Light Rail Vehicles (for YBI MUP and Related Roadway Imps) Engagement, TA, Capacity Building for CBTPs and CARE
CARE Unprogrammed Balance
Transit Priority - Highway Investments
Transit Priority - Bus Accelerated Infrastructure Delivery (BusAID) International Blvd Transit Lane Delineation
Metropolitan Transportation Commission (MTC) 4 MTC Resolution No. 4505 Attachment B-1233 Attachment B-1
MTC Resolution No. 4505
OBAG 3 Regional Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 Regional Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Total Other OBAG 3 REGIONAL PROGRAMS $363,120,000 $91,520,000
MTC Res. No. 4505 Attachment B-1
Adopted: 01/26/22-C
Revised: 02/23/22-C 06/22/22-C 09/28/22-C 10/26/22-C 11/16/22-C 01/25/23-C 02/22/23-C 03/22/23-C 05/24/23-C 06/28/23-C 07/26/23-C 09/27/23-C 10/25/23-C 11/22/23-C 12/20/23-C 02/28/24-C 03/27/24-C 05/22/24-C 06/26/24-C 07/24/24-C 09/25/24-C 11/20/24-C 12/18/24-C SamTrans $7,000,000
5. MULTIMODAL SYSTEMS OPERATIONS AND PERFORMANCE $163,100,000 $0 OBAG 3 REGIONAL PROGRAMS TOTAL: $363,120,000 $91,520,000 J:\SECTION\ALLSTAFF\Resolution\TEMP-RES\MTC\RES-4505_ongoing_OBAG3\[RES-4505_Attachment-B-1.xlsx]Dec 2024 SamTrans Preventative Maintenance (for SamTrans ROW Repayment) Metropolitan Transportation Commission (MTC) 5 MTC Resolution No. 4505 Attachment B-1234 Attachment B-2
MTC Resolution No. 4505
OBAG 3 County & Local Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 County & Local Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Other OBAG 3 COUNTY & LOCAL PROGRAMS $340,593,000
ALAMEDA COUNTY
CTA Planning Activities
MTC $4,905,000
Planning Activities Supplemental ACTC $2,600,000
County/Local Program
Fruitvale Corridor AC Transit $2,000,000
San Pablo Avenue Bus and Bike Lanes ACTC $10,000,000
ACTC $5,941,000
San Pablo Avenue Parallel Bike Network ACTC $9,000,000
ACTC $4,059,000
San Pablo Avenue Parallel Bike Network - Jackson St ACTC/Albany $1,000,000 San Pablo Avenue Safety/Bus Bulbs Project (Removed) ACTC $10,000,000 ACTC $8,883,000
Central Avenue/Fourth Street/Ballena Blvd Roundabout Alameda $2,325,000 Mission Boulevard Phase III Corridor Improvements Alameda County $4,950,000 West Oakland Link MTC/BATA $4,200,000
Upper San Lorenzo Creekway Trail Alameda County $9,621,000 Old Town Streetscape Newark $5,141,000
ALAMEDA COUNTY $74,625,000
CONTRA COSTA COUNTY
CTA Planning Activities
MTC $4,087,000
County/Local Program
Countywide Smart Signals CCTA $26,555,000
CCTA $3,665,000
Galindo Street Multimodal Corridor Concord $3,361,000
Willow Pass Road Bikeway Connection Concord $830,000
School Street Class I Multiuse Facility Lafayette $750,000 Bay Trail Gap Closure at Tennent Avenue Pinole $1,020,000 Delta De Anza Multimodal Trail Safety Improvements Pittsburg $4,427,000 Bayview to BART Richmond $1,675,000
McBryde Avenue Safe Routes to Parks Richmond $1,028,000 Safe Routes to School Infrastructure Improvements Walnut Creek $7,050,000 CONTRA COSTA COUNTY $54,448,000
MARIN COUNTY
CTA Planning Activities
MTC $3,446,000
Planning Activities Supplemental TAM $400,000
County/Local Program
Paradise Drive Corte Madera $2,056,000
Transit Corridor Improvements MCTD $1,600,000
San Rafael: North San Rafael/Northgate Area PDA Study MTC $797,000 San Rafael: SE San Rafael/Canal Area PDA Study MTC $797,000 Second and Fourth Street Intersection Improvements San Rafael $3,051,000 Bridgeway Bike Lane Project – Princess Street to Richardson Sausalito $505,000 SMART Pathway: Great Redwood Trail – Novato SMART $1,000,000 MARIN COUNTY $13,652,000
NAPA COUNTY
CTA Planning Activities
MTC $3,446,000
County/Local Program
Green Island Road Class 1 American Canyon $1,000,000
Silverado Trail Five-Way Intersection Improvements Napa $2,000,000 SR 29 American Canyon Operational and Multimodal Imps NVTA $2,000,000 Main Street St. Helena Pedestrian Improvements St. Helena $1,206,000 NAPA COUNTY $9,652,000
Planning Activities Base
MTC Res. No. 4505 Attachment B-2
Adopted: 01/26/22-C 11/20/24-C
Revised: 06/22/22-C 09/28/22 10/26/22-C 01/25/23-C 03/22/23-C 05/24/23-C 07/26/23-C 12/20/23-C 03/27/24-C 05/22/24-C 12/18/24-C Planning Activities Base
SRTS Non-Infrastructure Program
Planning Activities Base
SRTS Non-Infrastructure Program
Planning Activities Base
San Pablo Avenue Parallel Bike Network (for Safety/Bus Bulbs) (Added) San Pablo Avenue Bus and Bike Lanes (for Safety/Bus Bulbs) (Added) Metropolitan Transportation Commission (MTC) 1 MTC Resolution No. 4505 Attachment B-2235 Attachment B-2
MTC Resolution No. 4505
OBAG 3 County & Local Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 County & Local Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Other OBAG 3 COUNTY & LOCAL PROGRAMS $340,593,000
MTC Res. No. 4505 Attachment B-2
Adopted: 01/26/22-C 11/20/24-C
Revised: 06/22/22-C 09/28/22 10/26/22-C 01/25/23-C 03/22/23-C 05/24/23-C 07/26/23-C 12/20/23-C 03/27/24-C 05/22/24-C 12/18/24-C
SAN FRANCISCO COUNTY
CTA Planning Activities
MTC $3,624,000
Planning Activities Supplemental SFCTA $789,000 $1,411,000 County/Local Program
Elevator Modernization, Phase 1.3 BART $6,078,460
MTC $7,221,540
SFCTA $2,250,000
SFMTA $750,000
SFMTA Light Rail Vehicles (for SFCTA West Side Bridges) SFMTA $14,899,000 SFMTA $7,082,000
29 Sunset Improvement SFMTA $5,976,000
Central Embarcadero Safety SFMTA $6,320,000
SAN FRANCISCO COUNTY $54,990,000 $1,411,000
SAN MATEO COUNTY
CTA Planning Activities
MTC $3,450,000
Planning Activities Supplemental C/CAG $2,300,000
County/Local Program
Rollins Road Bicycle and Pedestrian Improvement Burlingame $3,100,000 El Camino Real Complete Street, Mission Rd to SSF Colma $4,640,000 C/CAG $2,120,000
Middle Ave Caltrain Pedestrian and Bicycle Undercrossing Menlo Park $5,000,000 Roosevelt Avenue Traffic Calming Project Redwood City $3,400,000 Bay Road Complete Street Rehabilitation (Revised) Redwood City San Mateo County $3,807,000
19th Ave/Fashion Island Blvd Complete Street Class IV SMCTA $3,375,000 School St/Spruce Ave and Hillside Blvd Safety and Access Imps South San Francisco $3,128,000 SAN MATEO COUNTY $32,020,000 $2,300,000
SANTA CLARA COUNTY
CTA Planning Activities
MTC $5,307,000
Planning Activities Supplemental VTA $4,693,000
County/Local Program
N San Antonio Road Protected Bikeway Los Altos $7,298,000 Monterey Road Traffic, Bicycle, & Pedestrian Improvements Morgan Hill $3,921,000 El Camino Real / El Monte / Escuela Intersection Imps Mountain View $2,400,000 Middlefield Road Complete Streets Mountain View $2,406,000 Moffett Boulevard Complete Streets Mountain View $3,500,000 Jackson Avenue Complete Streets San Jose $3,300,000
Julian & St. James Livable Streets Couplet Conversion San Jose $12,974,000 Signalized Intersections Pedestrian Safety Improvements San Jose $6,300,000 Story-Keyes Complete Streets San Jose $5,000,000 $27,730,000 White Road Pedestrian Safety Improvements San Jose $3,382,000 Central Santa Clara Bicycle and Pedestrian Improvement Santa Clara $9,029,000 SANTA CLARA COUNTY $64,817,000 $32,423,000
SOLANO COUNTY
CTA Planning Activities
MTC $3,446,000
Planning Activities Supplemental STA $4,044,000
County/Local Program
East Fifth Street PDA - Affordable Housing Streetscape Imps Benicia $261,000 Linear Park Node 4 Safe Routes to School and Transit Fairfield $2,239,000 Travis Safe Routes to School and Transit Fairfield $3,960,000 Solano 360 Transit Center Phase 1 Solano County $2,101,000 Solano Mobility Call Center and Employer Commuter Program STA $1,500,000 Planning Activities Base
Regional Carpool/Vanpool (for BART Elevator Modernization Phase 1.3) Yerba Buena Island Multi-use Pathway and Related Roadway Imps SFMTA Light Rail Vehicles (for SFCTA YBI MUP and Related Imps) SRTS Non-Infrastructure Program
Planning Activities Base
SRTS Non-Infrastructure Program
Planning Activities Base
Planning Activities Base
Metropolitan Transportation Commission (MTC) 2 MTC Resolution No. 4505 Attachment B-2236 Attachment B-2
MTC Resolution No. 4505
OBAG 3 County & Local Programs
FY 2022-23 through FY 2025-26
December 2024
OBAG 3 County & Local Programs Project List
PROJECT CATEGORY AND TITLE SPONSOR Total STP/CMAQ Other OBAG 3 COUNTY & LOCAL PROGRAMS $340,593,000
MTC Res. No. 4505 Attachment B-2
Adopted: 01/26/22-C 11/20/24-C
Revised: 06/22/22-C 09/28/22 10/26/22-C 01/25/23-C 03/22/23-C 05/24/23-C 07/26/23-C 12/20/23-C 03/27/24-C 05/22/24-C 12/18/24-C STA $1,000,000
Sacramento Street Road Diet – Phase II Vallejo $850,000 SOLANO COUNTY $15,357,000 $4,044,000
SONOMA COUNTY
CTA Planning Activities
MTC $3,446,000
Planning Activities Supplemental SCTA $2,229,000
County/Local Program
Grove Street Neighborhood Plan Implementation Healdsburg $2,217,000 Hwy 101 Bike/Ped Overcrossing at Copeland Creek Rohnert Park $3,350,000 Downtown Connectivity for Housing Density Intensification Santa Rosa $2,588,000 Hwy 101 Hearn Ave Multi-Use Pathway and Pavement Rehab Santa Rosa $1,321,000 SCTA $1,910,000
SMART Pathway: Great Redwood Trail – Santa Rosa SMART $2,000,000 Todd Rd and Standish Ave Intersection Improvements Sonoma County $2,200,000 Downtown Bike/Ped US 101 Crossing - Underpass Widening Windsor $2,000,000 SONOMA COUNTY $21,032,000 $2,229,000
OBAG 3 COUNTY & LOCAL PROGRAMS TOTAL: $340,593,000 $42,407,000 J:\SECTION\ALLSTAFF\Resolution\TEMP-RES\MTC\RES-4505_ongoing_OBAG3\[RES-4505_Attachment-B-2.xlsx]Dec 2024 SRTS Non-Infrastructure Program
SRTS Non-Infrastructure Program
Planning Activities Base
Metropolitan Transportation Commission (MTC) 3 MTC Resolution No. 4505 Attachment B-2237
Reso. No. xx-25
DocID #37123v1
RESOLUTION NO. xx-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, TO ACCEPT AND APPROPRIATE THE ONE BAY AREA
GRANT 3 (OBAG3) GRANT FUNDS IN THE AMOUNT OF $1,028,000; AND
AUTHORIZE THE AWARD OF A CONTRACT TO BKF ENGINEERS FOR
ENGINEERING DESIGN FOR THE MCBRYDE AVENUE IMPROVEMENT
PROJECT
WHEREAS, the McBryde Avenue Improvement Project (Project) seeks to enhance safety, accessibility, and sustainability by creating a multimodal transportation corridor with protected bike lanes, buf fered zones, upgraded pedestrian infrastructure, and a traffic circle to improve pedestrian pathways . The Project also includes new street trees to improve aesthetics and enhance environmental sustainability; and
WHEREAS, McBryde Avenue serves as a key co nnector between neighborhoods and Wildcat Canyon Regional Park, as identified in Richmond's Bicycle Master Plan; and
WHEREAS, on December 20, 2022, the City Council adopted a resolution to support the Project, authorize the filing of an application for Me tropolitan Transportation Commission (MTC) funding, commit to matching funds if necessary, and assure completion of the Safe Routes to Park Project, including the McBryde Avenue Improvement Project, with funding from OBAG3 in the amount of $1,028,000 and a proposed City contribution of $260,000 from the General Capital Fund; and
WHEREAS, MTC adopted Resolution 4505 on January 26, 2022, which awarded $1,028,000 in OBAG3 grant funding for the McBryde Avenue Improvement Project to be completed in fiscal years 2022-23 through 2025-26; and
WHEREAS, on November 1, 2024, the City issued a Request for Proposals (RFP) for engineering design services, receiving three proposals, which were evaluated by a panel of Public Works staff based on responsiveness, qualificat ions, and ability to meet project deadlines and budget; and
WHEREAS, the panel identified BKF Engineers as the best fit for engineering design services based upon their experience in similar projects and understanding of the project scope of work and appr oach to completing the project, with an emphasis on a strong community engagement process; and
WHEREAS, staff recommends the City Council accept and appropriate the OBAG3 Grant award in the amount of $1,028,000 to the Engineering Grant Fund 1054; and
WHEREAS, staff recommends the approval of a contract with BKF Engineers for the McBryde Avenue Improvements Project in an amount not to exceed $560,000, which includes a contract amount of $539,200 plus a contingency amount of up to $20,800; and
WHEREAS, staff further recommends that the City Council authorize the Public Works Director to approve the contingency amount of up to $20,800 to facilitate project completion; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resoluti on, the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have serv ed, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby accepts and appropriates the grant from OBAG3 in the amount of $1,028,000 to the Engineering Grant Funds.
238
Reso. No. xx-25
DocID #37123v1
BE IT FURTHER RESOLVED that the City Council approves the award of a contract to BKF Engineers for engineering design services for the McBryde Avenue Improvement Project, and authorizes the City Manager or her designee to execute a contract for a not to exceed amount of $539,200, and approve any amendments, if necessary, for a contingency amount of up to $20,800 to facilitate completion of the Project.
BE IT FURTHER RESOLVED that the City Council authorizes the Public Works Director to approve a contingency amount of up to $20,800 to facilitate completion of the Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
*************************
I certify that the foregoing resolution was passe d and adopted by the Council of the City of Richmond at a regular meeting thereof held March 11, 2025, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
239
CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.240
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.
10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________
I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
241
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:
242
BKF Engineers 12/16/2024 Page 1
McBryde Avenue Improvement Project
Version 3
Approach and Methodology
1. Implementation Plan
1.1. Project Management Methods and Controls
1.1.1. Integrated Workflows: Utilize proven project management tools like Microsoft Project for schedule tracking, Deltek for budget and timesheet tracking, and Bluebeam for clash detection during design reviews. Employ bi-weekly check-ins with City to ensure adherence to scope, schedule, and budget and provide Project Status Updates to wider stakeholder cohort.
1.1.2. Risk Mitigation: Identify risks early through a project-specific risk matrix covering ROW challenges, utility conflicts, and Caltrans encroachment permit processes. Implement a risk tracking and resolution process.
1.1.3. QA/QC Controls: Conduct QA/QC reviews at key milestones (30%, 60%, 95%, and 100% PS&E) with both internal team members and external reviewers for multidisciplinary alignment.
1.2. Stakeholder Input Methodology
1.2.1. Engagement Strategies: Facilitate iterative workshops with key groups within the community (e.g. park users, property owners, and the general public). Ensure representation of local populations in these meetings to incorporate diverse input.
1.2.2. Stakeholder Engagement: key groups like Caltrans, utility agencies, fire and police, EBRPD, transit agencies to validate the improvements and address impacts prior to final design.
1.2.3. Documentation: Maintain detailed records of all stakeholder feedback using digital platforms and provide summary reports after each engagement session to verify alignment with stakeholder expectations.
243
BKF Engineers 12/16/2024 Page 2
2. Scope of Services Approach
1. Discovery and Site Assessment
Gathering comprehensive data is critical to design decisions and addressing project- specific challenges. This phase will include:
1.1. Topographic Survey and Mapping : Conduct a detailed survey of key locations, including San Pablo Avenue and Amador Street intersections, capturing roadway, utility, and surface conditions.
1.2 Right-of-Way (ROW) Analysis : Evaluate property boundaries, ROW constraints, and potential impacts at critical intersections and within the Caltrans ROW at the freeway offramp.
1.3. Utility Investigation : Coordinate with PG&E, EBMUD, and other providers to identify conflicts at curb extension locations, and the signalized intersections at San Pablo Avenue, Highway Off-Ramp and Amador Street, focusing on poles, underground utilities, and signal infrastructure.
1.4. Traffic and Safety Analysis: Analyze traffic volumes, heavy vehicle patterns, and pedestrian and cyclist safety at three signalized intersections (McBryde Avenue with San Pablo Avenue, Humboldt Street/I-80 SB off-ramp, and Amador Street) and five unsignalized intersections within the project area. Key tasks include:
• Data Collection: Conduct turning movement counts on a typical weekday during peak periods (7–9 a.m., 11 a.m.–1 p.m., and 4–6 p.m.), including vehicle, pedestrian, and bicycle movements, right-turn-on-red counts, initial queues, and 24-hour ADT with speed data at two midblock locations. • Collision Analysis: Use five years of TIMS collision data to identify patterns and assess whether proposed improvements (e.g., signal upgrades with Leading Pedestrian/Bike Intervals) can mitigate issues, particularly for pedestrian/bike-vehicle collisions.
• Intersection Evaluation: Analyze the Park/McBryde intersection for a roundabout option in the project condition.
• Operational Analysis: Evaluate existing and project conditions for delay and queuing at all eight study intersections using Synchro software. Queues at the southbound off-ramp are expected to remain stable as its lane geometry will not change.
244
BKF Engineers 12/16/2024 Page 3
1.5. Pavement Rehabilitation Approach : We understand that portions of the pavement east of the highway bridge need repair and understand the City’s desire to mill approximately 2-inches, and replaced the milled pavement with new asphalt in addition to a few major digouts which we would determine from a field walk. In order to validate this approach, we have allocated budget to core the existing pavement to validate the depth of the existing asphalt in two locations. We have not allocated time for a geotechnical investigation or pavement report.
2. Alternatives Analysis
Develop and evaluate design alternatives tailored to site-specific conditions:
2.1. Signal Improvements at San Pablo Avenue and Amador Street: Assess signal modifications, including updated phasing, new push button locations, and potential pole relocations to enhance pedestrian and cyclist safety.
2.2. Traffic Flow Optimization : Evaluate lane reconfiguration and truck traffic accommodation at the signalized intersections, considering its role in heavy vehicle movement.
2.3. Pedestrian and Cyclist Connectivity : Identify design solutions to improve crossings and transitions at San Pablo Avenue as well as all of the other signalized, stop control and unsignalized intersections, integrating with proposed bike lanes and sidewalk improvements. This will include exploring the use of a traffic circle or bulbouts near the park entrance.
2.4. Caltrans Offramp Coordination : Evaluate potential changes in the traffic operations and vehicle queuing at the signalized offramp with the reduced travel lanes on McBryde with improved pedestrian and bicycle uses.
2.5. Evaluation Metrics: Prioritize alternatives based on safety, feasibility, cost, and input from stakeholders.
3. Preliminary Design Development
Refine selected alternatives into conceptual designs:
3.1. Intersection Modifications: Develop design plans for San Pablo Avenue and Amador Street intersections, including pole placement, signal operations, and enhanced pedestrian features.
3.2. Drainage and Utility Integration : Address utility conflicts and drainage challenges associated with upgrading non-compliant curb ramps along the 245
BKF Engineers 12/16/2024 Page 4
corridor. Incorporate ADA-compliant designs while coordinating with utility providers to minimize impacts to services, particularly at San Pablo Avenue, Amador Street, and adjacent intersections.
3.3. Intersection Modifications: Include upgrades to non-compliant curb ramps as part of the signal modifications at San Pablo Avenue and Amador Street, ensuring safe, accessible crossings. Where utility conflicts arise, develop tailored solutions to resolve interference without compromising accessibility standards.
3.4. Cost Validation : Provide location-specific cost estimates to evaluate the improvements needed at the signalized intersections, curb extensions, potential traffic circle and Accessibility improvements beginning at the 30% Design.
3.5. Conflict Validation : Based on similar work, potholing of utilities will likely be needed to validate that new push button, signal poles, and any new utilities do not conflict with existing utility infrastructure. As this is yet undefined, we have not included time for utility locating and potholing these key locations. We have presumed that this would be a first order of work for the contractor prior to full mobilization.
4. Stakeholder Engagement and Outreach
Engage stakeholders to align designs with community and agency needs. We have allocated 120 hours for Convey to assist in prepare an outreach plan, materials, and up to three community engagements (pop-ups, workshops, and/or meetings) prior to final design. In addition, BKF has allocated an additional 40 hours for agency coordination and community engagement during final design.
This effort could include some of the following ideas:
• Community Input Sessions: Host workshops focusing on San Pablo Avenue, Amador Street, and the freeway offramp, gathering insights from residents, businesses, and transit users.
• Visualizations: Present detailed renderings of proposed improvements along the corridor to communicate design intent.
• Iterative Feedback : Refine designs based on input, particularly regarding pedestrian and cyclist safety at San Pablo Avenue and Amador Street.
5. Final Design and Engineering
Develop construction-ready plans:
5.1. PS&E Packages: Prepare detailed plans, including signal modifications at San 246
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Pablo Avenue and Amador Street, and intersection enhancements at the Caltrans offramp.
5.2. Permitting and Compliance : Focus on the design elements and meeting LAPM, ADA, City, and Caltrans standards.
5.3. QA/QC Reviews: Conduct thorough QA/QC reviews for the corridor at each design phase by a BKF Principal, who is outside of the design team, and clash detection between consultants using Bluebeam overlays of the plans.
6. Construction Support
Scope related to design services during bid and construction are not included in the base scope of work or fee. If needed, BKF will provide a proposal for this effort as a change order or construction contract.
7. CEQA/NEPA and E76 Authorization Process:
Streamline approvals for environmental and E76 funding authorization:
7.1. CEQA CE : We have assumed and believe that the project should classify as Class I Categorical Exemption (CE) under the California Environmental Quality Act (CEQA), as identified in CEQA Guidelines Section 15301, Existing Facilities (c), that includes “Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities…” DJP&A will prepare a Notice of Exemption (NOE) and after project approval, DJP&A will file the NOE at the Contra Costa County Clerk’s office and State Clearinghouse.
7.2 Technical Memos and NEPA CatEx : Based on our recent experience working on Caltrans Local Assistance projects in the greater Bay Area, we believe Caltrans will require a Community Impact Analysis Memo (CIA Memo). This CIA memo, based on Caltrans’ SER, will address parking removal, environmental justice concerns, and any construction period detours. This, in conjunction with a letter from the City of Richmond committing the project to implement standard measures from their standard mitigation table will be used to obtain the NEPA Categorical Exclusion (CatEx) need for the City to obtain federal funding. We have not included time to prepare additional technical memos.
8. Encroachment Permit & E76 Funding Authorization. The City has indicated that they will take the lead in communications with Caltrans on the encroachment permit for the signalized offramp improvements and with the 247
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E76 engagement and funding authorization with Caltrans. BKF will take the lead with the design and drawings to meet the requirements for the encroachment permit. We have assumed that separate plans/submittal will not be provided for work within Caltrans ROW.
3. Project Schedule (attached)
4. Specific Tasks for City Staff
a) Data Provision: Assist in the provision of historical project data, existing utility records, City right of way maps, and title reports (if needed). b) Permitting Support: Facilitate applications and signatures needed for the Caltrans PES and E76 documentation as well as the grant funding administration. c) Environmental Review Compliance: City to provide letter committing the project to implement standard measures from Caltrans standard mitigation table needed to obtain the NEPA CatEx.
d) Community Outreach: Support community engagement workshops and provide final approval of outreach materials to ensure alignment with City messaging. If needed the City will conduct mailings (including postage) and/or hand delivering mailers to stakeholders and residence.
e) Signal Timing: City will provide timing sheets and signal as-builts for the existing operation for all signalized intersections.
f) Design Reviews: Participate in reviews of the 30%, 60%, 90%, and 100% deliverables, focusing on compliance with City standards and community objectives.
g) Caltrans Facilitation: Lead the communication for the encroachment permit process with Caltrans and be the Caltrans Liaison for the project. BKF will lead the design efforts to document the improvements.
h) Bidding and Construction Administration: Lead (or through a construction manager) the bidding, procurement, and construction of the project .
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ID Task Name Duration Start Finish
1 PHASE I – PRELIMINARY ENGINEERING 182 days Wed 2/26/25 Thu 11/6/25 2 Task 1: KICKOFF & SURVEY 32 days Wed 2/26/25 Thu 4/10/25 3 1.1 Kickoff and Site Visit 12 days Wed 2/26/25 Thu 3/13/25 4 A. Conduct a project kickoff meeting 1 day Wed 2/26/25 Wed 2/26/25 5 B. Gather utility documentation 10 days Thu 2/27/25 Wed 3/12/25 6 C. Perform site walk 1 day Thu 3/13/25 Thu 3/13/25
7 1.2 Surveying and Utility 32 days Wed 2/26/25 Thu 4/10/25 8 A. Set control for aerial flight 2 days Wed 2/26/25 Thu 2/27/25 9 B. Aerial flight/topographic survey 15 days Fri 2/28/25 Thu 3/20/25 10 C. Field survey (intersections, key features) 3 days Fri 3/21/25 Tue 3/25/25 11 D. Plot existing utilities 5 days Thu 3/13/25 Wed 3/19/25 12 E. Utility locating 2 days Wed 3/26/25 Thu 3/27/25
13 F. Determine ROW 15 days Fri 2/28/25 Thu 3/20/25
14 G. Develop existing conditions map 10 days Fri 3/28/25 Thu 4/10/25 15 Task 2: OPTIONS ANALYSIS & BACKGROUND STUDIES 106 days Thu 2/27/25 Thu 7/24/25 16 2.1 Options Analysis 20 days Fri 4/11/25 Thu 5/8/25
17 2.2 Technical Studies 46 days Thu 2/27/25 Thu 5/1/25 18 A. Traffic Analysis 30 days Thu 2/27/25 Wed 4/9/25
19 B. Geometric options assessment 15 days Fri 4/11/25 Thu 5/1/25 20 2.3a Public Meeting #1 (Pop up tent or Similar) 0 days Mon 5/12/25 Mon 5/12/25 21 2.3b Public Meeting #2 (Community) 0 days Thu 5/15/25 Thu 5/15/25 22 2.4 30% Plans & Basis of Design 45 days Fri 5/2/25 Thu 7/3/25 23 A. 30% Plans Development 30 days Fri 5/2/25 Thu 6/12/25 24 B. Basis of Design Memo 15 days Fri 5/23/25 Thu 6/12/25 25 C. 30% Deliverable 0 days Thu 6/12/25 Thu 6/12/25
26 D. City Review 15 days Fri 6/13/25 Thu 7/3/25
27 2.5 Stakeholder Engagement Phase 1 15 days Fri 7/4/25 Thu 7/24/25 28 A. Fire Dept. 15 days Fri 7/4/25 Thu 7/24/25
29 B. Law Enforcement 15 days Fri 7/4/25 Thu 7/24/25
30 C. Transit 15 days Fri 7/4/25 Thu 7/24/25
31 D. Public Meeting #3 (City Hall or Neighborhood) 0 days Thu 7/17/25 Thu 7/17/25 32 Task 3: ENVIRON REVIEW & COMMUNITY OUTREACH 90 days Fri 6/13/25 Thu 10/16/25 33 3.1 Environmental Review 60 days Fri 6/13/25 Thu 9/4/25 34 3.2 Caltrans PES Memos 20 days Fri 8/8/25 Thu 9/4/25 35 3.3 Public Meeting #4 (City Hall) 0 days Thu 8/21/25 Thu 8/21/25 36 3.4 CEQA CE 40 days Fri 8/22/25 Thu 10/16/25
37 3.5 NEPA CatEx 40 days Fri 8/22/25 Thu 10/16/25
38 Task 4: DESIGN DEVELOPMENT 80 days Fri 7/18/25 Thu 11/6/25 39 4.1 60% Plans, Specs, & Estimate 55 days Fri 7/18/25 Thu 10/2/25 40 4.2 Utility Conflicts Identification 20 days Fri 9/5/25 Thu 10/2/25 41 4.3 Stakeholder Meeting Phase 2 10 days Fri 10/24/25 Thu 11/6/25 42 4.4 60% PS&E Deliverable 0 days Thu 10/2/25 Thu 10/2/25 43 4.5 City Review 15 days Fri 10/3/25 Thu 10/23/25
44 PHASE II – FINAL DESIGN 133 days Fri 9/5/25 Tue 3/10/26 45 Task 5: FINAL DESIGN 51 days Fri 10/24/25 Fri 1/2/26 46 5.1 90% Plans, Specs, & Estimate 36 days Fri 10/24/25 Fri 12/12/25 47 5.2 90% PS&E Deliverable 0 days Fri 12/12/25 Fri 12/12/25 48 5.3 City Review 15 days Mon 12/15/25 Fri 1/2/26
5/12
5/15
6/12
7/17
8/21
10/2
12/12
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ID Task Name Duration Start Finish
49 5.4 Public Meeting #5 (Neighborhood re Construction) 0 days Fri 1/2/26 Fri 1/2/26 50 Task 6: PERMITTING, FUNDING, & FINAL PS&E 133 days Fri 9/5/25 Tue 3/10/26 51 6.1 Permitting Support 116 days Fri 9/5/25 Fri 2/13/26 52 A. R/W Certification Support 20 days Mon 12/15/25 Fri 1/9/26 53 B. Caltrans encroachment permit support 45 days Mon 12/15/25 Fri 2/13/26 54 C. Caltrans E76 110 days Fri 9/5/25 Thu 2/5/26
55 6.2 Final Design 47 days Mon 1/5/26 Tue 3/10/26
56 A. Draft 100% PS&E 30 days Mon 1/5/26 Fri 2/13/26
57 B. Caltrans E76 Authorization to Construct 10 days Mon 2/16/26 Fri 2/27/26 58 C. Draft 100% Deliverable 0 days Fri 2/27/26 Fri 2/27/26 59 D. City Final Review 5 days Mon 3/2/26 Fri 3/6/26
60 E. Final Wet-Signed PS&E 2 days Mon 3/9/26 Tue 3/10/26 61 F. Final Deliverable 0 days Tue 3/10/26 Tue 3/10/26
62 PHASE III – CONSTRUCTION 193 days Wed 3/11/26 Fri 12/4/26 63 Task 7: BIDDING AND CONSTRUCTION 193 days Wed 3/11/26 Fri 12/4/26 64 7.1 Bid 30 days Wed 3/11/26 Tue 4/21/26
65 7.2 Construction 143 days Wed 4/22/26 Fri 11/6/26
66 7.3 Record Drawings 20 days Mon 11/9/26 Fri 12/4/26
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McBryde Ave Improvements BKF Engineers - Project Management, Civil Engineering, Surveying Caltrans
Principal Project
Manager
Senior
Project
Engineer
Project
Engineer
Associate
Principal
Associate
Principal
Project
Surveyor
Field
Party
Chief
Field
Chainper
son
Senior
Ass
Principal
Land
Arch
Lead III
Sr Land
Arch
Dalene
Whitlock
Atul
Patel PM Assist
Eng Admin 2 Admin 1 Principal PM Graphics
PHASE I – PRELIMINARY ENGINEERING
Task 1: KICKOFF & SURVEY 2 20 20 64 0 12 70 32 32 0 4 4 0 0 0 0 0 0 0 0
1.1 Kickoff and Site Visit
A. Conduct a project kickoff meeting 2 8 4 4
B. Gather utility documentation 2 4 16
C. Perform site walk 4 8 8
1.2 Surveying and Utility
A. Set control for aerial flight & Suppl Field Survey 4 8 54 32 32 B. Plot existing utilities and ROW on Ex Conditions Map 2 8 40 4 16 Task 2: OPTIONS ANALYSIS & BACKGROUND STUDIES 10 68 16 56 0 0 0 0 0 0 22 70 4 8 48 121 9 2 12 24 56
2.1 Options Analysis 8 16 40 6 10
2.2 Technical Studies 16 4 8 36 105 9 2
2.3 Public/Stakeholder Engagement Meetings 6 20 8 12 24 56
2.4 30% Plans & Basis of Design 16 16 60 12 16
2.5 Agency Stakeholder Engagement 4 8 8
Task 3: ENVIRONMENTAL DOCUMENTATION SUPPORT 0 14 24 0 0 0 0 0 0 60 0 0 0 0 0 0 0 0 0 0 0
3.1 CEQA CE 2 2,976
3.2 NEPA PES, Field Review, Tech Memos, Mitigation, CatEx 12 24 60 19,217 Task 4: DESIGN DEVELOPMENT 8 56 80 140 8 0 0 0 0 0 12 56 3 8 32 48 6 0 0 0 0
4.1 60% Plans, Specs, & Estimate 4 40 80 120 8 12 56 3 8 32 48 6
4.2 Stakeholder Meetings 4 16 20
PHASE II – FINAL DESIGN
Task 5: FINAL DESIGN 6 44 80 120 8 0 0 0 0 0 8 36 4 18 34 48 8 0 0 0 0
5.1 90% Plans, Specs, & Estimate 4 40 80 120 8 8 36 4 18 34 48 8
5.2 City Review Meeting 2 4
Task 6: PERMITTING, FUNDING, & FINAL PS&E 3 60 72 130 8 8 24 0 0 8 8 22 2 19 26 40 8 0 0 0 0
6.1 Permitting Support
A. R/W Certification Support 2 8 24 8
B. Caltrans encroachment permit - Support City 12 24 0
C. Caltrans E76 - Support City 6 16 0
6.2 Final Design
A. Draft 100% PS&E 2 24 48 60 8 6 20 1 16 20 32 6
B. Final Wet-Signed PS&E 1 16 24 30 2 2 1 3 6 8 2
PHASE III – CONSTRUCTION
Task 7: CONSTRUCTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Estimated Level of Effort 29 262 292 510 24 20 94 32 32 68 54 188 13 53 140 257 31 2 12 24 56 Total Firm Labor 22,193 508,397$
Reimbursables - 22,803$
Corings - Allowance 8,000$
Totals by Team 22,193 539,200 $
DBE % 4.12% 33.21%
Phase & Task Title Survey Team
15,004
44,707
100
44,807
Toole -
LandscapeDesign Team
292,297
Totals
91,900
Convey - Outreach
(DBE)
57,300
100 7,599
W-Trans - Traffic and Signals (DBE)
DJPA -
CEQA/
NEPA
(DBE)
18.45% 10.65%
307,301 57,400 99,499 BKF Engineers 12/16/2024 Page 1
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_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
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_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ 253
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_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 254
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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.
d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
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_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 256
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_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.
b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 257
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_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 258
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_____________________________
federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of 260
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 261
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 262
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, 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, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may 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 of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 267
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 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 the 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 must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
268
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity:
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Request for Proposals
Engineering & Design Services
For The
McBryde Ave Improvements Project
Federal Project No. STPL-5137(062)
Release Date: November 1, 2024
Deadline for Submittal
November 22, 2024
Contact: Hillal Hamdan, P.E., Senior Civil Engineer
Email: [email protected]
Phone Number: 510-621-1612
City of Richmond
Public Works – Engineering Department
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Table of Contents
1. INTRODUCTION ...............................................................................................................3
2. SCOPE OF SERVICES....................................................................................................5
3. PRO JECT GENERAL INFORMATION........................................................................11
4. PROCESS FOR SUBMITTING PROPOSALS ............................................................15
5. PROPOSAL EVALUATION AND SELECTION PROCESS ......................................19 272
1. INTRODUCTION
The City of Richmond is requesting proposals from qualified firms to provide professional engineering & design services to prepare plans, specifications, and engineer’s estimate for the McBryde avenue from Wildcat Canyon R egional Park till 37th Street. The services required shall include, but are not limited to, project team coordination, conducting traffic and pedestrian studies, signal timing, generating detailed plans, specifications, and estimates (PS&E) for the roadway improvements, coordination with the City, Caltrans, bid phase support, and construction administration services. This Request for P roposal (RFP) describes the project, the required scope of services, the consultant selection process, and the required information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of one (1) year.
All
activities associated with this project shall conform with all policies and procedures outlined in the Caltrans Local Assistance Manual (LAPM). Consultant and subconsultants for this proposed contract will be subject to an ICR financial review by Caltr ans Independent Office of Independent Office of Audits and Investigations (IOAI).
ABOUT THE CITY
The Cit
y of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area with a population of 114,106 residents. Richmond is one of the region’s most diverse communities: 4% of residents identify as Hispanic or Latino, 18.3% identify as Black or African American alone, 24.2% identify as White alone (not Hispanic of Latino), and 14.2% identify as Asian alone (15.4%). 1 Ric
hmond is home to a multi -modal transit hub that includes BART, Amtrak , Capitol Corridor, and AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and-coming communities in California.
The Cit
y of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways , streets, and infrastructure; library services ; storm water and municipal sewer systems ; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.
1 Quickfacts Richmond city, California. 2023 American Community Survey 5 year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia 273
PROJECT BACKGROUND / DESCRIPTION
Mc
Bryde Avenue is a proposed bike route in the city ’s Bicycle Master Plan and provides direct access to Wildcat Canyon Regional Park. Currently the road has no bicycle facilities, insufficient pedestrian accommodation, and four vehicle lanes, creating an environment solely suited to car travel. This project will transform the corridor by reducing the four vehicle lanes to two while adding a center turn lane, bike lanes, and pedestrian improvements such as ADA-compliant curb ramps, curb extensions, high visibility crosswalks, and sidewalk gap closures. Bike l anes will have buffers and physical protection where possible without removing existing parking. Vehicle traffic flow will be maintained by making modifications to the three traffic signals along the route. Audible pedestrian signals may be needed.
The
west edge of the project starts at the existing bikeway on 37th Street. Here McBryde Ave is a two -lane road but approaching San Pablo Avenue, eastbound traffic has two 11 ft lanes, a straight-and-left, and a straight-and-right. The straight- and-right lane will be converted to a right-only, and a 5 ft through-bike lane added in between vehicle lanes. Vehicle lanes reduced to 10 ft. Westbound 6 ft bike lane added against the curb as no parking is currently allowed. From San Pablo Ave to Humboldt St, existing four-lane road (13 ft wide lanes) will be converted to two 11 ft lanes and a 11 ft center turn median with 5 ft bike lanes with 2.5 ft buffers. Between Humboldt St and Amador St, on the I-80 overpass, parking restrictions make room for a 6 ft bike lane against the curb with a 6 ft buffer including vertical protective elements, flex hit posts and curb stops/armadillos. Two westbound vehicle lanes will be reduced to one, eastbound two vehicle lanes will remain, however at Amador, the straight-and-left lane will change to left -only. From Amador St to Park Ave, similarly the existing 4 lane road (12 ft lanes) will be converted to two 11 ft lanes with 11 ft center turn lane and 5 ft bike lanes with 2.5 ft buffers. Curb ramps will be built along the entire corridor. Three intersections need redesign to provide a comfortable and safe path of travel for pedestrians. At Glenn Ave, the project proposes to close off the stub of Glenn Ave and build continuous sidewalk along northwest side of McBryde so that pedestrians do not have to cross over Yuba Ave and Glenn Ave.
At Sonoma St, curve in McBryde creates a very wide roadway and confusing/dangerous crossings for pedestrians. The sidewalk will be built out into McBryde Ave to create a more typical intersection geometry. At Park Ave, a typical intersection will be rebuilt with a traffic circle and/or bulb-outs, sidewalk gap will be closed along the north side, and curb ramps and high- visibility crosswalks will be built so that pedestrians have a clear and safe path of travel to the adjacent entrance to Alvarado Park. Approximately 25 street trees will be planted in vacant tree wells and in unused sidewalk planter strips. Stormwater treatment is omitted due to lack of storm drains along the corridor.
Pr
oposed improvements are conceptually illustrated in Exhibit 1.1 ( McBryde Ave Safe Routes To Parks Project Concept).
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2. SCOPE OF SERVICES
Design under this contract will cover all the City of Richmond Scope of Services work
and will include coordination with Caltrans for scope elements including coordination for signalization elements of the scope with the City.
City of Ri chmond Scope of Wo rk
The Scope of Work required includes the preparation of engineering studies and construction documents including detailed plans, specifications, and cost estimate (PS&E). The design must conform to all laws, ordinances, and codes, including the latest ADA regulations, City of Richmond’s Standard Specifications and Details, Caltrans 2023 Standard Specifications and Standard Plans, and the latest CA- MUTCD Manual. All work products shall become the property of the City and be submitted to the City for review. The Consultant shall submit at a minimum of four design submittals: Conceptual Design to support request for Diagnostic Meeting, 30% Preliminary Design, 60% PS&E, 90% PS&E, and 100% Final PS&E, bid phase services, and construction administration services.
2.1 - Project Management
a. Consu
ltant shall manage and coordinate a kick- off meeting with City Staff within 10 days after contract execution to discuss the project goals, scope, schedule, introduction of the project team, and request any required existing conditions information that the City may have.
b. Consultant shall manage, coordinate monthly meetings with City Staff .
Consultant shall set monthly ongoing meetings and distribute agendas, lead monthly meetings, prepare, and distribute meeting minutes, and responsibility matrix after each meeting to all project team members.
c. Consultant shall schedule, attend, and conduct at a minimum, four additional meetings as follows through the duration of the project:
Conceptual design, 30% preliminary design report, 60% PSE & 90% PSE meetings.
d. Consultant shall coordinate with City staff, Caltrans , other applicable regulatory agencies, and other consultants that may be involved.
e. Consultant shall prepare and periodically update a project schedule with tasks and milestones. Consultant shall break down the schedule by logistical tasks consistent with the scope of work and with enough detail to track project progress. Both baseline schedule and tracking updates are required at each stage of design. The schedule must reflect realistic estimates of review periods by City 275
staff for tasks, such as reports, plans, and coordination. f. Consultant shall prepare monthly progress reports that shall provide current information regarding the project schedule complete/ upcoming deliverables, problems encountered that may affect the schedule, budget of work products and anticipated work items, and identify activities for the following month.
g. Consultant shall ensure compliance with current with applicable state and federal laws and regulations, and with any requirements from funding agencies.
h. Consultant shall provide support to City s taff for Caltrans’ Request for Authorization (RFA) as needed for construction phase authorization, including the required Caltrans Local Assistance Forms and Checklists.
2.2 - Data Collection and Analysis
1. The Con
sultant shall research and review existing topographic
mapping, right-of- way maps, “as -built” plans, record maps, surveys, assessor maps, improvement plans, and other characteristics for the project.
2. Consultant shall conduct field reconnaissance within the project limits.
3. Consultant shall conduct field surveys that include collecting topographic information and locating and referencing existing City survey monumentation and adopting City basis of horizontal and vertical control.
4. Consultant shall pothole existing utilities to verify their locations/elevations working in coordination with the City . The plans shall illustrate existing structures, as well as rim and invert elevations for all underground utilities and facilities, poles, and wire heights for above ground utilities.
5. Consultant shall be responsible for obtaining utility as-built plans from various agencies and as identified in the plans. Prepare and transmit project notification to utilities with a request to identify existing and proposed facilities.
6. Consultant shall identify required permits, prepare all permit applications, and assist the City with negotiations relative to permit conditions, if required. Permit fees will be paid by the City.
7. Consultant shall review existing City’s documents: General Plan, Bicycle Master Plan and Pedestrian Plan ADA Transition Plan.
8. Consultant shall obtain the necessary existing traffic, bicycle, and pedestrian data for the area as necessary for design.
2.3 - Environmental Services / CEQA & NEPA Support
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The consultant will provide environmental support (PES Form) and provide all necessary services to obtain any required NEPA/CEQA documentation.
2.4 - Utility Coordination
The Consultant shall coordinate with City staff and utility agencies.
Utility information (overhead and underground) must be included in the project base mapping. The consultant shall work with City staff, and Caltrans for design requirements for the Right -of-Way Phase (Local Agency Right of Way (ROW) Certification).
2.5 - Plans, Specifications, and Estimate
a. Desi
gn Criteria, Conceptual Design Plan, and 30% Preliminary Design Submittal
To support the project kick -off and the request for a Diagnostic meeting, Consultant shall prepare a project information package including a summary of Design Criteria, Conceptual Design plan, project photos. Consultant shall plan to participate in at least 2 field diagnostics/site reconnaissance meetings and provide team support by documenting and coordinating the agreed upon results and recommendations to the Diagnostic Team. The Consultant shall provide one set of full size, 24”x36”, plans in .pdf and CAD format. Conduct all analysis needed to complete the preliminary design recommendations for the project as reviewed and approved by the City staff, Caltrans. The analysis shall include, but not be limited to, existing facilities condition and structure, analysis of traffic and pedestrian studies, signal timing, underground/ aerial utility investigations, pavement investigation, geometric design, right -of-way analysis, curb ramp infrastructures, signal pole locations, traffic signals and road signs. b. 30% P
reliminary Design Report and 30% Preliminary Design
Submittal
After the Diagnostic Meeting process concludes, the Consultant shall prepare a preliminary layout of the project limits. At a minimum, the preliminary layout shall show pavement layout, right -of- way/easements, private properties, utilities, trees, sidewalk/pedestrian curb ramps, pavement striping, edge of pavement as applicable. c. Pr
oject Plans, Specifications & Cost Estimate (60%, 90%, 100%) The Consultant shall provide one set of full size, 24”x36”, plans (in .pdf and CAD format), one set of specifications (in .pdf and .docx format) and the engineer’s estimate (in .pdf. and .xlsx format) at each design stage.
Consultant shall prepare detailed plans, technical specifications, and construction cost estimate (PS&E) for the South Cutting Boulevard Crossing Improvements project. Consultant shall prepare plans that 277
shall include but are not limited to Cover Sheet, Demolition Plans, Horizontal Control Plans, Grading and Drainage Plans, Improvement Plans, Signal Interconnect Plans, Signing and Striping Plans, Utility Plans, Civil Details Plans.
• Cov
er Sheet shall include, but are not limited to, location map, vicinity map, general notes, sheet index, City disclaimer and City Engineer signage block, submittal percentage, title block, Project title, and abbreviations.
• Demolition Plans shall include, but are not limited to, project limit of work, property limits, addresses, City ROW, existing underground and aerial utilities, monuments, clear limit of removal, detailed notes, scale, north arrow, USA sign, legend, clear distinction of material removal.
• Horizontal Control Plans shall include, but are not limited to, property limits, addresses, City ROW, control points table, station lines, offsets, table of curves, survey notes, scale, north arrow, datum notes, survey statement, survey signature and stamp, abbreviations, and legend.
• Grading and Drainage Plans shall include , but are not limited to, project limit of work, existing underground utilities, property limits, addresses, City ROW, proposed/ existing top of curb (TC) grades/ linework, proposed/ existing flow line (FL) grades/ linework, proposed/ existing gutter lip of gutter (GLIP) grades/ linework, proposed/ existing back of walk (BW) grades/ linework, match existing grades/ linework, conform grades/linework, difference between proposed GLIP to existing grade (cut/fill), slope arrows, cross slopes, layer type to differentiate existing and proposed grades, legend, scale, north arrow, USA sign, legend, and annotated dimensions.
• Improvement Plans shall include, but are not limited to, project limit of work, property limits, addresses, City ROW, proposed/ existing linework (TC, FL, GLIP, BW, etc.), existing underground and aerial utilities, layer type to differentiate existing and proposed linework, legend, scale, north arrow, USA sign, legend, call outs (e.g. install, protect in place, adjust to grade, reference to detail number/sheet number, etc.), clear distinction of proposed improvements, and general notes.
• Signal Interconnect Plans shall include, but are not limited to, project limit of work, existing underground and aerial utilities, property limits, addresses, City ROW, proposed/ existing linework (TC, FL, GLIP, BW, etc.), layer type to differentiate existing and proposed line work, legend, scale, north arrow, USA sign, legend, traffic control devices call outs, clear distinction of proposed improvements, specifications and general notes.
• Signing and Striping Plans shall include, but are not limited to, project limit of work, existing underground and aerial utilities, property limits, addresses, City and BNSF ROW, proposed/ existing linework (TC, FL, 278
GLIP, BW, etc.), layer type to differentiate existing and proposed line work, pavement striping for crosswalks, bicycles, and vehicles, legend, scale, north arrow, USA sign, legend, call outs, clear distinction of proposed improvements, and general notes. • Utility Plans shall include, but are not limited to, project limit of work, existing underground utilities, pipe sizes, depths and pipe materials, utility boxes and appurtenances with elevation call outs as applicable, with clear distinction of proposed improvements, and general notes. • Civil Details Plans shall include but not limited to City standard details, Caltrans details, street cross sections, traffic signal installation, sign installation, signal/pole foundations, and each curb ramp with grades.
• Cost estimate shall include but not limited to the bid items from the design plans, revised and adjusted after each submittal, and contingencies.
• Specifications shall include but not limited to technical specifications provided by the consultant in Word format and consultant shall compile City
standard boil plate, standard contract, and other related City standard documents provided by the City in Word Format. • 60% PS&E
– Consultant shall prepare the 60% PS&E based on 30%
preliminary design with the coordinate of the City staff. Consultant shall be responsible for all Project Submittals, responses to City comments,
and obtaining approvals.
• 90% PS&E
– Consultant shall prepare the 90% PS&E based on
comments made on 60% PS&E by the City and other Agencies.
Consultant s
hall be responsible for all Project Submittals,
responses to City comments, and obtaining approvals.
• The
Consultant shall provide support to City staff for Caltrans’ Request for Authorization (RFA) as needed for construction phase authorization, including the required Caltrans Local Assistance Forms
and Checklists.
• 100%/Final
PS&E - Consultant shall prepare the 100% PS&E based
on comments made on 90% PS&E by the City and other agencies.
Consultant s
hall be responsible for all Caltrans Submittals,
responses to Caltrans comments, and obtaining approvals.
2.6 - Public Outlook
The Consultant shall provide outreach sufficient to inform businesses and residents via mailers, letter, website, or a combination of methods regarding the project. An assumed 5 in -person stakeholder meetings will be required.
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2.7 - Design Support During Construction
- Bid Support Services: The consultant shall support City staff during the contractor procurement process. Consultant will be expected to attend the pre-bid meeting, address technical questions, and issue addenda to the construction documents.
- Construction Support Services: The Consultant shall provide construction administration services during construction. Consultant will be expected to:
o Review project submittals on an as-needed basis.
o Respond to construction contractor’s requests for information (RFI) on an as- needed basis.
o Assist the City’s Project Manager with inspection of
constructed facilities on an as-needed basis.
o Attend the final inspection of the project with the City’s Project Manager and Contractor on an as-needed basis.
o Assist the City’s Project Manager with development of a "punch-list" on an as-needed basis.
o Consultant shall prepare comprehensive as-built drawings from the Contractor mark-ups, submittals, and other supplied information.
o Consultant shall submit a draft as-built to the City for review.
Final as -built drawings shall incorporate all Contractor’s redlines, change orders, RFI’s and City comments. Files shall be submitted in PDF and CAD formats.
2.9 As-Builts
The Consultant shall prepare record drawings upon project completion (red-lines from contractor). The Consultant shall mark up the original mylar sheets with revisions made during construction. As -built record drawings shall reflect all changes to all improvements constructed.
Electronic files of the as -built drawings (in standard pdf format) and AutoCAD (dwg) shall be provided in addition to the original as-built mylars, or other medium, as directed by the City. The Consultant can assume that the City will perform the construction management in-house which includes a resident engineer duties and inspection.
Preserving and Perpetuating Survey Monuments
The Consultant shall identify, list, and show existing survey monuments on construction plans. Consultant shall file a Corner Record or Record of Survey with Contra Costa County for monuments within the project limits that have not been previously recorded and submit a copy to the City. The Consultant shall include language in the PS&E package to preserve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional 280
Land Surveyors Act in the Business and Professionals Code of the State of California.
3. PROJECT GENERAL INFORMATION
RFP SCHEDULE
Date Activity
November 1, 2024 Release RFP
November 14, 2024 Final Day to Submit Questions (5:00 PM) November 15, 2024 Responses to Questions posted on
BidsOnline
November 22, 2024 Proposal Due Date
December 3, 2024 Final Selection and Contract Negotiations January 21, 2025 Anticipated Award of Contract at City
Council
February 6, 2025 Anticipated Notice to Proceed
3.1 Proposal format guidelines
The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 20 -sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub-consultants. The required font size is 12 point, with minimum left and right margins of one inch, and top and bottom margins of 0.7 inches.
Each pr
oposal will adhere to the following order and content of sections.
Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:
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A. Consultant Cover Letter
A cover letter, not to exceed two pages in length, should summarize key elements of
the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood;
• Include a statement of intent to perform the services as outlined; • Express company’s willingness to enter into an agreement under the terms
and conditions prescribed by this RFP, insurance requirements and in the sample Caltrans Local Assistance Procedures Manual Agreement. • Include a
description and brief history of the company’s experiences, qualifications, and successes in providing Engineering & Design services described
herein. Please indicate the number of employees, client base and location of of
fices.
• Indicate the address and telephone number of the Consultant’s office located nearest to Richmond, California, and the office from which the project will be managed.
• Confirm that Consultant has a minimum of three (3) years Engineering and Design experience.
• Stipulate that t
he proposal price will be valid for a period of at least 180 days.
• Identify
a single person for contact during the RFP review process; and • Cover l
etter shall be signed by an authorized official of the company.
B. Background and Project Summary Section
The Background and Project Summary Section should describe the Consultant’s understanding of
the City, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP.
C. Methodology Section
Provide a detailed description of t
he approach and methodology to be used to
accomplish the Scope of Services of this RFP. The Methodology Section should include:
1) An implementation plan that describes in detail (i) the methods, including controls by w
hich your firm manages projects of the type
sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
2) Detailed description of ef
forts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Services" section.
3) Detailed project s
chedule, identifying all tasks and deliverables to be
performed, d
urations for each task, and overall time of completion. 282
4) Detailed description of specific tasks you will require from City staff.
Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Services.
D. Staffin
g
Desc
ribe proposed Project team organization, including identification and responsibilities of key personnel. Indicate role and responsibility of prime consultants and all sub- consultants. If applicable, indicate how local firms are being utilized to ensure a strong understanding of state and local laws, ordinances, regulations, policies, requirements, and permitting. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond. Sub -consultant letters of commitment are required and must be submitted with the proposal.
Desc
ribe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond’s policy to interview proposers’ references as well as references identified by the City of Richmond.
E. Quali
fications
The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service. 2) A sum
mary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.
3) Prov
ide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
a) Clie
nt Name and contact info
• Telephone & e-mail address
• Address
b) Description of services provided including contract amount c) Project start and end dates
F. Cost I
nformation
283
Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to proposer will be fixed fee, a detailed cost breakdown shall be provided identifying: (1) the number of staff hours and hourly rates for each professional and administrative staff person who wi ll be committed to this Project; (2) all other direct costs, such as materials and reproduction costs; and (3) sub- consultant services, if needed. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.
Pr
oposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.
G. Val
ue Added Services
Please provide any additional services of benefit not specifically required herein, which the Proposer offers to provide.
H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.
I. Pr
evious Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the P roposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.
J. Except
ions to this Request for Proposals
The propos
er shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment A). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language.
Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.
284
K. Statement of Impartiality and Disclosure
The nat
ure of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer’s and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.
4. P
ROCESS FOR SUBMITTING PROPOSALS
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on November 14, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by November 15, 2024. It is the proposer’s responsibility to periodically c heck the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.
Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.
Interested parties may download copies of the above -mentioned proposal by visiting the City's web site, www.ci.r ichmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.
Submission of Proposals
The proposal and any r equired certifications sh all be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.
Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. 285
Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e- bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted succes sfully. The City will only receive those proposals that were transmitted successfully.
The proposal must be received no later than 3:00 p.m., local time, on November 22, 2024.
The City of Richmond reserves the right to waive inconsequential irregularities.
GENERAL GUIDELINES
This
RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any r espondent under consideration, require confirmation of information furnished by the r espondent, and require additional evidence or qualifications to perform the Services described in this RFP.
The C
ity reserves the right to:
1. Rej
ect any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4. Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7. Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9. Waive informalities and irregularities in proposals.
Public Records
Al
l proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review.
Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at t he time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret. 286
Insurance Requirements
The C
ity of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment B. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.
B
usiness Licenses
The s
uccessful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.
C
ompliance with City Ordinances
The Cont
ractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (R MC Chapter 2.50), Local Employment Program Ordinance ( RMC Chapter 2.56), Living Wage Ordinance ( RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) ( RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
S
anctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Securi ty (“ICE”). Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal.
L
imited Liability Company Disclosure Statement (LLCS)
R
esolution No. 86- 21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal
C
ollusion
By
submit ting a proposal, each respondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the respondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any 287
other person to refrain from submitting a proposal; and that the respondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.
W
ithdrawal of Proposals
A res
pondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.
Ownership of Documents
A
ll reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights, or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.
Fe
deral Program Requirements
P
rojects using federal funds are subject to Part 26, Title 49, Code of Federal Regulations (CFR) entitled “Participation by Disadvantaged Business Enterprises (DBE) in the Department of Transportation Financial Assistance Program.” Firms submitting a proposal shall be fully informed of the requirements of the regulations.
The City has a goal of 19% participation of Disadvantaged Business Enterprise (DBE) on this contract. The consultant is encouraged to seek participation of DBE- rated firm to fulfill this goal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for this contract. If the goal is not met, the proposer must document adequate good faith efforts. See Attachment C for additional information on the federal requirements on this project. It must be completed when required and shall be considered as part of the executed agreement between the City of Richmond and the selected consultant.
A
ny agreement resulting from this RFP will incorporate by reference the requirements of 49 CFR Part 26. Failure of consultant or any or all subconsultants to carry out these requirements will be considered a material breach of said agreement, which may result in the termination of said agreement or such other remedy as the City deems appropriate.
A
n agreement shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR 288
Part 18, and 48 CFR Part 31. Prime consultants with a proposed contract totaling $150,000 or more, and any subconsultants listed on the contract, must certify the accuracy of their contract costs and adequacy of their financial management systems (see CLAPM Exhibit 10-K “Consultant Certification of Contract Costs and Financial Management System”).
The r
equirements for federally funded projects will apply to this Request for Proposals, and the Proposers will be required to submit all required forms. Forms can also be found on Caltrans website:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures- manual-forms
A
ll DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Th
e proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive.
Th
e following forms have been included in the proposal (See Attachment C) It is necessary to submit Exhibits 10-I, 10-K, 10-01, 10-02, 10-Q, 10-R, 10-T and 15-H (if necessary), with your response. Failure to submit the required forms and or documentation with your response will render your proposal non- responsive. If selected, the consultant shall provide written confirmation from each DBE firm participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract.
5. P
ROPOSAL EVALUATION AND SELECTION PROCESS
A
ll proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Standard Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
The C
ity reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up with requests for additional information, including, but not limited to, follow ‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:
289
The Proposal/Methodology and Approach to Work 25%
Experience/Past Performance/References 25%
Project Team 25%
Proposer Qualifications 25%
T
he Proposal/Methodology and Approach to Work – 25%
The pr
oposer’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:
• Abi
lity to provide services as outlined in the RFP.
• Approach and proposed methodology to project scope.
• Demonstrated knowledge of the work required.
• Explanation of the Project or services required.
• Innovative approaches and internal measures for timely completion of Project.
E
xperience/Past Performance/References – 25%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.
Project Team – 25%
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate the firm’s:
• Q
ualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart
P
roposer Qualifications – 25%
This category will evaluate the respondent ’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Richmond 290
to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
Pr
e-Award Negotiations
A
fter the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:
• R
esolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications
I
f the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.
S
election may be made without further discussion, negotiations or respondent’s presentations; therefore, respondent shall offer the most favorable terms in response to this RFP. Respondent must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth.
Respondent shall include information that will enable the City to determine the Respondent’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.
A
ward - - When the evaluation committee has completed its work, City staff will then make a recommendation to City Council to award a contract for Engineering & Design Services for the McBryde avenue Improvement Project. The services provided by the successful Proposer shall be governed by a Standard Services Agreement (Attachment A).
E
xhibits and Attachments
• Ex
hibit 1.1 (McBryde Ave Safe Routes To Parks Project Concept): Conceptual Illustration of Proposed Improvements
• Attachment A: City of Richmond Standard Services Agreement • Attachment B: City of Richmond Insurance Requirements • Attachment C: City of Richmond Disadvantaged Business Requirements 291
a. Ex
hibit 10-I – Notice to Proposers DBE Information
b. Exhibit 10 -K, Consultant Certification of Contract Costs and Financial Management System
c. Exhibit 10-O1 – Consultant Proposal DBE Commitment
d. Exhibit 10-O2 – Consultant Contracts DBE Commitment
e. Exhibit 10-Q, Disclosure of Lobbying Activities
f. Exhibit 10-R, A&E Boilerplate Agreement Language
g. Exhibit 10-T, Conflict of Interest and Confidentiality Statement h. Exhibit 15-H – Proposer/Contractor Good Faith Efforts i. Exhibit 16 – Richmond Sanctuary City Contracting Ordinance No. 12-18 j. Exhibit 17 – Limited Liability Company Disclosure Statement (LLCS), Resolution No. 86.21
292
EXHIBIT 1.1
(McBryde Ave Safe Routes To Parks Project Concept)
CITY OF RICHMOND
Conceptual illustration of Proposed improvements
293
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Bike Lanes
Reduce 4 Lanes to 2
Add Center Turn Lane
or Medians
Install Protected Bike Lanes
Build Curb Extensions
to Shorten Crosswalks
at Skewed Intersections
Close Gap in Sidewalk
Install Crosswalks
And Traffic Calming
Install ADA-Compliant Curb Ramps
On Entire Corridor
EAST
RICHMOND
HEIGHTS
80 SAN PABLO AVENUE
PRIORITY DEVELOPMENT AREA
SAN PABLO
R I C H M O N D
WILDCAT CANYON
REGIONAL PARK
AMADOR ST
ANDRADE AVE
NATALIE CT
CASINOAVE
MCBRYDE AVE
SAN PABLO AVE
BERNHARDAVE
HUMBOLDT ST
GLENN AVE
MONTOYA AVE
PARK AVE
ARLINGTONBLVD
YUBAAVE
KIRK LN
VENTURA ST
RAMP
RALSTON
AVE
ESMOND AVE
MARIN
AVE
MCLAUGHLIN ST
SONOM
A ST
LASSEN ST
SHASTAAVE
37TH ST
W
ILSON AVE
BROOKSIDE AVE
JOEL CT
KERN ST
YUBA
ST
GERALD AVE
RIVERSIDE
ELEMENTARY
SCHOOL
SAINT DAVIDS
ELEMENTARY
SCHOOL
WILDCAT CREEK
WILDCAT CREEK
RICHMOND WILDCAT
CANYON
McBryde Ave Safe-Routes-To-Parks Project Concept
1 Inch = 325 Feet
0 200 400
Feet
Proposed Curb Extension
Proposed Traffic Circle
Existing Speed Hump
ADA Compliant
Needs Detectable Warning Surface
Build Curb Ramp
Rebuild Non-Compliant Ramp
New Trees
Traffic Signal
City Boundaries
Watercourse
PDA
Parcel Owner
EBRPD
WCCUSD
Existing Bikeways
Class 2 Lane
Class 3 Sharrow
The goal of this project is to provide a safe and comfortable walking and biking route from Wildcat Canyon Regional Park to the amenities and bus service along San Pablo Ave and an existing crosstown bike route on 37th St. Project will improving pavement condition, calm traffic, add audible pedestrian signals, restripe the roadway with bike lanes, and build curb ramps, high visibility crosswalks, and other pedestrian improvements. If funded, design will be finalized with community input, and additional protected bike lanes are possible.
294
APPENDIX A
CITY OF RICHMOND
Standard Services Agreement
295
[ ] [ ] [ ]
[ ] [ ] [ ]
[ ]
[ ]
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California corporation, limited liability corporation general partnership, limited partnership, individual, non-profit corporation, individual dba as [specify:] ,
other [specify:]
2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
296
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
City Attorney
Date Signed:
LIST OF ATTACHMENTS:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
297
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
298
For the Contract between the City of
Richmond and
EXHIBIT B PAYMENT
PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICH MOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAY MENT LI MIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 299
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
300
For the Contract between the City of
Richmond and
EXHIBIT E SPECIAL
CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
301
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
302
ATTACHMENT B
INSURANCE REQUIREMENTS
303
Type 2 – Page 1 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, 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, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
304
Type 2 – Page 2 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 305
Type 2 – Page 3 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 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 the 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 must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
306
E xhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 1 of 4
Revised: January 2013
I
n all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, 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, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
O
riginal, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
C
ity reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
M
inimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
M
inimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or i
ts equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property.
7. Contractor’s Pollution Liability
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
307
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 2 of 4
Revised: January 2013
General Liability
(primary and excess limits
combined)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may 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 of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
308
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 3 of 4
Revised: January 2013
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 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 the 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 must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
309
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 4 of 4
Revised: January 2013
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
310
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
A
CORD Certificate of Liability Insurance
Standard Form
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DA
TE
(MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS MATTER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
PRODUCER
INSURERS A
FFORDING COVERAGE
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURED
INS
URER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
R
LTR
TYPE OF INSURANCE POLICY
NUMBE
R
POLICY EFFECTIVE
D
ATE (MM/DD/YY)
POLICY
EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMME RCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CL AIMS MADE OCCUR ME D EXPENSE (Any one person) $
_______________________________ PERSONAL & ADV INJURY $ _______________________________ GENERAL AGGREG ATE $
GEN’L AGGREGATE LIMIT APPLIES PER: P RODUCTS-COMP/OP AGG $ POLIC
Y
PRO-
JECT LOC
AUTOMOBILE LIABILITY C OMBINED SINGLE LIMIT
(Ea accident)
$
ANY AUTO $
ALL O WNED AUTOS $
SCHEDULED AUTOS
BODILY INJURY
(Per person) $
HIRED AUTOS $
NON-OWNED AUTOS
BODILY INJURY
(Per accident) $
_______________________________ $ PR
OPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY A UTO ONLY–EA ACCIDENT $
ANY AUTO EA ACC $ OT
HER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY E ACH OCCURRENC
OCCUR CLAIMS MADE AGGREGATE
$
DEDUCTIBLE $
RET
ENTION $
WC STATU-
TO
RY LIMITS
OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
W ORKERS’ COMPENSATION AND
EMPLOYERS LIABILITY
E.L. D
ISEASE – POLICY LIMIT $
OTHE R
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS CERTIFICATE HOLDER A DDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ______ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AU
THORIZED REPRESENTATIVE
ACORD 25-S (7/97) © ACORD CORPORATION 1988
APPENDIX A-9 COR Insurance Documents
(Sample) 1 of 7
311
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
IMPORTANT
If the certifi
cate holder is an ADDITIONAL IN SURED, the policy(ies) must be endorsed.
A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polic
ies may require an endorsement. A stat ement on this certific ate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
APPENDIX A-9 COR Insurance Documents
(Sample) 2 of 7
312
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Preferred form
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANG
ES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endor
sement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDUL
E
Name of Person or Organization:
(If no entry appears above, infor
mation required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended
to include as an insured the person or
organization shown in the Schedul e, but only with respect to li ability arising out of “your work” for that insured by or for you.
CG 20 10 11 85
Copyright, Insurance Services Office, Inc., 1982
APPENDIX A-9 COR Insurance Documents
(Sample) 3 of 7
313
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 37 10 01
Reproduction of Insurance Services Office, Inc. Form
PO
LICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 10 10 01
TH
IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AME
NDMENT OF LIMITS OF INSURANCE (DESIGNATED PROJECT OR PREMISES) This endorsement modifies insurance provided under the following:
CO
MMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation
of Project Or Premises:
(
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II – WHO IS AN INSUR
ED is amended to include as an insured the person or
organization shown in the Schedule but only wi th respect to liability arisin g out of your ongoing op
erations performed for the insured.
B. Wi
th respect to the insurance afforded to these additional insureds, the followin g exclusion is added:
1. Excl
usions
T
his insurance does not apply to “bodily injury” or “property damage” occurring after:
(1) All work, including materia
ls, parts or equipment furnished in connection with
such work, on the project (other than se rvice, maintenance or repairs) to be performed by or on be
half of the addition al insured(s) at the site of the covered operations has been completed; or
(2) That portion of “yo
ur work” out of which the injury or damage ar ises has been put
to its intended use by any person or organization other than contractor or subcontractor engaged in performing oper ations for a principal as part of the same project.
CG 20 10
10 01 Page 1 of 1
ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 4 of 7
314
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 10 10 01
Reproduction of Insurance Services Office, Inc. Form
PO
LICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 37 10 01
TH
IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONA
L INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
CO
MMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Pe
rson or Organization:
Location And Description of C
ompleted Operations:
Additional Premium:
(
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – WHO IS AN INSURED is amende d to include as an insured the person or organization shown in the Schedule but only with respect to li ability arising out of “your work” at the location designated and desc ribed in the Schedule of this endorsement performed for that insured and included in the “products-completed operations hazard.” CG 20 37
10 01 Page 1 of 1
Copyright, ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 5 of 7
315
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Workers’ Compensation
FOUR STATE COMPENSATION INSURANCE FUND FORMS:
Reproduction of State Compensation
Insurance Fund Form
Certificate of Workers’ Compensation Insurance
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
POLICY NUMBER:
CERT
IFICATE EXPIRES:
⎡
|
|
⎣
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy
is not subject to cancellation by the Fund except upon 30 days’ written notice to the employer.
We w
ill give you 30 days’ advance notice should this policy be canceled prior to its normal expiration.
This certificate o
f insurance is not an insurance policy and odes not amend, extend or alter the coverage afforded by the polic ies listed herein. Notwithstanding any requireme nt, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
PRESIDENT
(No
te: following text is typewritten addition to printed form)
THE STATE C
OMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT #2570.
AGAINST (ENTITY) ______________________ , ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS BY REASON OF ANY PAYMENT UNDER THIS POLICY.
ENDORSEME
NT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: ___________________________
ENDORSEME
NT #2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
LIABILIT
Y OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO ______________ FOR ALL DAMAGES FOR ONE OR MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.
EMPLOYER
APPENDIX A-9 COR Insurance Documents
(Sample) 6 of 7
316
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Liability
Reproduction of Insurance Services Office, Inc. Form
POLICY N
UMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANG
ES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OCP LIABILITY COVERAGE PART
SCHE
DULE
Name of Per
son or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The T
RANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive an
y right of recovery we may have agai nst the person or organization shown I the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above.
CG 24 0
4 10 93 Copyright, Insurance Services Office, Inc., 1992 APPENDIX A-9 COR Insurance Documents
(Sample) 7 of 7
317
EXHIBITS 10-I,10-O1,10-O2,10-Q,10-R,10-T,15-H
318
I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____
1. 2.
3. 4.
TERMS AS USED IN THIS DOCUMENT
• The
term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term "Agreement" also means "Contract."
• Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.