Richmond City Council
April 1, 2025

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
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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.
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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
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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 645
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 4 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 646
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 5 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 647
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 6 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 648
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MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 7 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 capacityenhancing 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 communityowned land, or a Priority Production Area (PPA) pilot program. 649
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MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 8 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 CommunityBased 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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Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 9 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 651
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 10 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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Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 11 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 653
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 12 • 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 654
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 13 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 costeffective 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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Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 14 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. 656
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 15

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. Nonexempt 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 nonattainment area for fine particulate matter (PM2.5). Therefore, based on consultation with the MTC Air Quality Conformity Task Force, projects deemed Projects of Air Quality Concern (POAQC) for PM2.5 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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MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 16

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/publicparticipation/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. 658
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 17 • 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-bayarea-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 659
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 18 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. 660
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 19 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 federallyreimbursable 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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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 20 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 deprogramming 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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Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 21

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 663
Attachment A
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 22 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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OBAG 3 Project Selection and Programming Policies Page 1 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 665
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OBAG 3 Project Selection and Programming Policies Page 2 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-bycase 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 666
Attachment A, Appendix A-1
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OBAG 3 Project Selection and Programming Policies Page 3 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 667
Attachment A, Appendix A-1
MTC Resolution No. 4505
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OBAG 3 Project Selection and Programming Policies Page 4 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 668
Attachment A, Appendix A-1
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 5 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/aboutmtc/public-participation/public-participation-plan. CTAs 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; 669
Attachment A, Appendix A-1
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 6 • 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.
670
Attachment A, Appendix A-1
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 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 federallyassisted 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:
671
Attachment A, Appendix A-1
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 8 • 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 decisionmaking 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-growthgeographies/about; 672
Attachment A, Appendix A-1
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/equitypriority-communities; o Are located in jurisdictions with affordable housing protection, preservation, and production strategies, including an emphasis on community stabilization and antidisplacement 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/climateprotection/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 lowincome 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. 673
Attachment A, Appendix A-1
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 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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Attachment A, Appendix A-1
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 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 costeffectiveness 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. 675
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) 6761 MTC Resolution No. 4505 Attachment B-1 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) 6772 MTC Resolution No. 4505 Attachment B-1 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
Bay Trail Planning MTC $1,500,000
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) 6783 MTC Resolution No. 4505 Attachment B-1 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
SR 29 American Canyon Operational and Multimodal Imps NVTA $1,000,000 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) 6794 MTC Resolution No. 4505 Attachment B-1 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) 6805 MTC Resolution No. 4505 Attachment B-1 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) 6811 MTC Resolution No. 4505 Attachment B-2 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) 6822 MTC Resolution No. 4505 Attachment B-2 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) 6833 MTC Resolution No. 4505 Attachment B-2 City of Richmond
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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732
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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744
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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746
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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747
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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748
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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749
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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750
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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751
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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752
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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753
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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754
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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755
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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756
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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757
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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758
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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760
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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761
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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764
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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765
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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766
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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768
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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769
City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

Printed 12/19/2024
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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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City of Richmond
Request for Proposals Engineering & Design Services For The Bayview Ave Improvements Project (STPL-5137(063)), bidding on 01/21/2025 3:00 PM (PST)

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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.

Public Works Hillal Hamdan [email protected] (510) 631-1398 4000-3731 5137(063) Engineering for the Bayview Avenue Improvements, including a Class IV bikeway across the interchange (Caltrans Encroachment permit) and Class II lanes on Potrero Avenue. Kimley-Horn and Associates, Inc. 10 S. Almaden Blvd., Suite 1250 San Jose, CA 95113 Vignesh Swaminathan (669) 800-4130 [email protected] A North Carolina corporation 565,116.36 789

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
Kimley-Horn and Associates, Inc.
790
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]:
5137(063) Kimley-Horn and Associates, Inc.

See Attachment A - Kimley-Horn Scope and Fee
791
Methodology Section
Scope of Services
This section outlines the Kimley-Horn team’s approach to delivering the scope of services for a ten-month (10) project duration based on our understanding of the project, our technical expertise, and best practices gathered through our experience providing these services on similar complete street projects.

Task 1: Project Management
Task 1.1: Project Administration and Invoicing
Kimley-Horn will manage and coordinate a kick-off meeting with City Staff within ten (10) business days after contract execution to finalize the project details. Kimley-Horn will follow the City’s federal-aid invoicing format and procedures, and shall submit with progress reports, including contractor information, invoice details, contract number, description of services, required DBE or labor compliance documentation, and supporting documentation as required by federal guidelines.

Task 1.2: Project Management and Control
Kimley-Horn will prepare a project schedule with tasks and milestones and will update the schedule monthly and submit updates to the City as part of this task. The schedule will include assumed estimates of review periods by City and Caltrans, work planning, coordination with subconsultants, internal teams’ coordination, regular correspondence with city, and stakeholders.

Task 1.3: Meetings
Kimley-Horn will manage and coordinate monthly meetings with City Staff for ten (10) months. Kimley-Horn will set the monthly meetings, distribute agendas, lead the monthly meetings, prepare and distribute meeting minutes, and distribute a responsibility matrix after each meeting to project team members.

In addition to the monthly meetings, Kimley-Horn will schedule, attend, and conduct up to four (4) additional meetings at key project milestones (e.g., Conceptual design, 30% preliminary design report, 90% PS&E meetings). Kimley-Horn will manage/ log correspondence and meetings with City staff, Caltrans, other applicable regulatory agencies, and other Kimley-Horns that may be involved in the project area.

Attachment A - Kimley-Horn Scope and Fee
792
Task 2: Data Collection and Analysis
Task 2.1: Topographic Survey, Data Collection, and Site Reviews Kimley-Horn will coordinate with the City to request the following readily available data:
• Utility contacts
• City-owned utility maps (not available via City website) • As-builts, including roadway and traffic signal as-builts • Collision data for a 5-year period
• Existing traffic signal timing sheets
• Available historical traffic volumes
• Boilerplate specifications
• Sample technical specifications
• City standard plans
• Property lines from City GIS data
Kimley-Horn will review the existing data and will request additional information from Caltrans and the City if necessary. We will compile copies of these drawings, digital (when applicable) and hard copies for the older mapping and create a list of the information obtained. Kimley-Horn will rely on the accuracy of provided record information and incorporate it into the base map prepared in Subtask 2.2.

Kimley-Horn’s subconsultants, RSE, will perform aerial and ground topographic surveys.

RSE will perform field survey, obtaining corridor mapping, and preparing ROW map using available geographic information systems (GIS) information from the City and County. This mapping will not constitute a full boundary survey, and if extensive right-of-way discrepancies or acquisitions are required, additional scope and budget would be required. RSE will perform field survey to support the engineering design. RSE will perform research to obtain available mapping to prepare the existing ROW for the project.

Kimley-Horn design staff will perform up to two (2) site walks to review existing conditions, evaluate design alternatives, and review plans.

Task 2.2: Prepare Base Map
RSE will prepare a base map utilizing new the new aerial and ground survey data gathered in Subtask 2.1. Base map will be reviewed by Kimley-Horn and revised by RSE to provide a suitable complete base map
Attachment A - Kimley-Horn Scope and Fee
793
Task 2.3: Prepare Utility Mapping
Using a current utility contact list provided by the City, Kimley-Horn will submit utility request letters to utility companies with potential facilities in the project vicinity. KimleyHorn will prepare and send letters to utilities which may have facilities in the area. We will review record plans received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements.

Kimley-Horn will prepare a utility base map to supplement the base map prepared in Subtask 2.2, documenting the existing utility information by owner, type, size, voltage, and material in a utility tracking table and on the plan sheets.

No potholing or Subsurface Utility Engineering (SUE) services are included. If utility conflicts require additional investigation or SUE, additional scope and fee may be required.

Task 2.4: Traffic Analysis
Kimley-Horn will gather vehicle, pedestrian, and bicycle counts, and conduct field observations to understand current traffic patterns, queues at study intersections and identify potential impacts. This data collection will used for intersections analysis, existing AM and PM, and opening year no build and build. This does not include Caltrans ISOP or any other safety analysis or simulation. Kimley-Horn will review existing traffic conditions and analyze the proposed bike lanes (existing + project). Where feasible, Kimley-Horn will adjust signal timing to allow bicycles to cross Bayview Avenue without costly infrastructure improvements, subject to Caltrans and City approval Task 3: Environmental Services / CEQA & NEPA Support
Task 3.1: Prepare Environmental Reports
Based on the signed Preliminary Environmental Study (PES) letter for the project dated 1/30/2025, Kimley-Horn assumes the following environmental reports are required. Should Caltrans require additional reports beyond those listed below, additional scope and fee will be required.

Task 3.1.1: Area of Potential Effect (APE) Map
This task includes the preparation of the Area of Potential Effect Map. Two rounds of revisions in response to two sets of consolidated City comments on the map are included in this scope. Additionally, two (2) rounds of revisions in response to two sets of consolidated Caltrans’ comments on the map are included in this scope.

Attachment A - Kimley-Horn Scope and Fee
794
Should Caltrans determine based on the APE Map that an Archeological Survey Report (ASR) or Historic Property Survey Report (HPSR) are required, Kimley-Horn can prepare those reports upon authorization of optional Task O.1 ASR/HPSR. Refer to optional Task O.1 for the associated scope and fee.

Task 3.1.2: Air Quality (AQ) Conformity
This task includes the preparation of the Air Quality Exemption. Two rounds of revisions in response to two sets of consolidated City comments on the memorandum are included in this scope. Additionally, two rounds of revisions in response to two (2) sets of consolidated Caltrans’ comments on the memorandum are included in this scope. Should Caltrans require additional reports beyond those listed above, additional scope will be required.

Task 3.2: Prepare and File CEQA NOE
Kimley-Horn will prepare a Notice of Exemption (NOE) that details how the project meets the requirements of a CEQA CE and none of the exemptions listed in Section 15300.2 of the CEQA Guidelines. One (1) round of revisions in response to consolidated City comments on the NOE is included in this scope. Once the NOE is approved, Kimley-Horn will file the NOE with the County clerk. It is assumed that the City will pay any filing fees. Note that it is assumed that Caltrans will prepare, approve, and file the NEPA CE in parallel with the CEQA NOE.

Task 4: Utility Coordination
Task 4.1: Utility Evaluation and Coordination
Kimley-Horn will review utility plans and data from topographic surveys to identify conflicts with proposed improvements, determine necessary adjustments or relocations, and summarize this information for the City. We will coordinate with utilities, facilitate up to three (3) meetings, and focus on strategies for dealing with utility conflicts, including adjustments, relocations, and protection in place. Utility adjustments will be shown on the plans and will be performed by either the Contractor or the utility owner. We will prepare and send all necessary letters to utilities, including updates and notifications, and serve as the primary point of contact for utility coordination.

Attachment A - Kimley-Horn Scope and Fee
795
Task 5: Plans, Specifications, and Estimate (PS&E)
Task 5.1: Prepare 30% Plans and Basis of Design Memorandum Based on the findings from Task 2, Kimley-Horn will prepare a 30% concept plan showing the proposed locations of major improvements such as curb and sidewalk improvements, signing and striping improvements, the Class IV bikeway along Bayview Avenue, the Class II bike lanes along Potrero Avenue, and the Class III sharrows along S. 51st Street. The concept development will review options for tie-ins to existing bicycle and pedestrian facilities and mid-segment crossings, without relocating signal poles. A title sheet will list future plans, and the 30% design will convey the overall scope of improvements and identify challenges, including drainage and utility issues. Kimley-Horn will also prepare a draft Preliminary Basis of Design Memorandum for the City’s review, summarizing opportunities for safety enhancements, cost reductions, design standards, exceptions, and a concept-level estimate of probable construction costs, along with a project design and construction schedule.

Based on one (1) set of non-conflicting comments from the City on the Draft Preliminary Basis of Design Memorandum, Kimley-Horn will revise and submit the Final Basis of Design Memorandum.

Task 5.2: Prepare 95%, and 100% (Bid-Ready) PS&E
Based on one set of non-conflicting comments from the City on the 30% plans, engineer’s opinion of probable cost, and Basis of Design Memo, Kimley-Horn will prepare the 95% PS&E, and subsequently 100% (Bid-Ready) design levels. Each submittal will be updated based on one set of non-conflicting comments from the City on the previous submittal.

After receipt of comments at each phase, Kimley-Horn will prepare a Comment-Response matrix which will be completed and submitted with the next deliverable, detailing a response on how each comment was addressed.

Technical specifications will be developed at the 95% level. We assume that the City will prepare the front-end boilerplate specification, including incorporating project-specific information (project name, notice to contractors, estimate, etc.). Technical specifications will be developed using Caltrans special provisions and any City-provided technical specifications. All proposed changes to special provisions will be tracked at the 95% level.

The special provisions will incorporate permit requirements including any required mitigation measures. Changes will be tracked in the specifications up until the 100% PS&E, when all changes will be accepted and a clean version provided. Final technical Attachment A - Kimley-Horn Scope and Fee
796
specifications will be provided to the City, who will merge them, along with the Cityprepared front-end boilerplate, into the overall final project specifications.

Kimley-Horn assumes the following plan sheets will be developed as part of the plan set:

Plan Sheets Anticipated Sheet Count
Cover Sheet 1
General Notes 1
Horizontal Control and Key Maps 1
Typical Sections 2
Improvement/Drainage Sheets (1:50 Scale
for Potrero Ave; 1:50 Scale for Bayview Ave)
5 Electrical Construction Details – Bayview
and Carlson Island Grading – RRFB
Crossing (1:5 Scale)
1 Construction Details – Curb Ramp Grading
(34 Ramps) (1:5 Scale)
16 Construction Details – City Standard &
Custom Details
4 Utility Plan (1:50 Scale for Potrero Ave and
51st St; 1:50 Scale for Bayview Ave)
5 Pavement Delineation and Sign Plans –
(1:40 Scale for Potrero Ave and 51st St;
1:50 Scale for Bayview Ave)
7 Pavement Delineation Details 4
Anticipated Total Sheets 47
Plans will be developed based on the City’s Standard Plans, Caltrans 2024 Standard Plans and Specifications, the 2014 California MUTCD, and the California Highway Design Manual.

Our scope assumes that pavement reconstruction areas will be limited to Saw cutting around new concrete improvements (curb, medians, etc.). Our scope does not include full reconstruction of the roadway at intersections, or the preparation of any landscaping, irrigation, or green infrastructure plans and specifications. It is assumed that modifications to existing traffic signals will not be required, only new Solar Standalone poles and detection may be added. It is assumed any electrical work will be included on the Construction detail sheets. We assume that most of the project's drainage flowlines will remain unchanged. Kimley-Horn will identify, list, and show existing survey monuments on the construction plans and include language in the PS&E package so all affected monuments are preserved.

Attachment A - Kimley-Horn Scope and Fee
797
Task 5.3: Caltrans Encroachment Permit
Kimley-Horn will prepare the Caltrans Encroachment Permit Application submittal for the improvements along Bayview Avenue within Caltrans right-of-way. Anticipated documentation to be included in the Caltrans encroachment permit application includes:
• Encroachment Permit Application
• Letter of Authorization – To be drafted by Kimley-Horn for the City to place on City letterhead with signature
• Applicant’s checklist to determine applicable review process (Form TR 0416) • 100% PS&E design plans (Task 5.2)
• Engineer’s Estimate of Work within Caltrans right-of-way • Technical Specifications – Assumed to submit previously completed project specifications (Task 5.3). No revisions/updates anticipated. • Notice of Exemption (Task 3.3)
• Maintenance Agreement – Assumed to be developed by the City. If required, KimleyHorn will provide support to develop backup materials for the agreement It is assumed that all fees associated with the Encroachment Permit will be paid for by the City. Kimley-Horn fees do not include any application/permit fees. Our effort assumes up to one (1) plan revision based on Caltrans comments. For budgeting purposes, KimleyHorn assumes a total effort of twenty-five (25) hours of support during the Caltrans Encroachment Permit Application and coordination process. Effort more than twenty-five (25) hours will be billed at a time and materials basis at our then current hourly rates, and only after written authorization from the City.

Task 6: Public Outreach
Task 6.1 Community Meetings
Kimley-Horn will conduct two (2) community meetings to refine the plan and gather feedback on proposed solutions. These meetings will include display boards, PPT content development, and meeting recap reports. The City is responsible for advertising, scheduling, and finalizing a location for the meeting.

Task 6.2 Stakeholder Engagement Meetings
Kimley-Horn will conduct two (2) stakeholder engagement meetings with key groups such as bike and pedestrian groups, first responders, area schools, and agency partners like Caltrans. These meetings will involve coordination, PPT content development, and meeting recap reports.

Attachment A - Kimley-Horn Scope and Fee
798
196.54% Overhead%
Vignesh
Swaminathan
Chadi
Chazbek
195.57% Overhead% w/o FCCM
Project
Manager
Principal-inCharge/
QC/QA Mgr.
10% Fee% $75.16 $128.04 $125.95 $107.12 $92.43 $77.86 $67.60 $55.55 $44.50 $32.00 $45.44 $245.09 $417.53 $410.72 $349.32 $301.41 $253.90 $220.44 $181.15 $145.11 $104.35 $148.18 Task 1 Project Management 95 10 55 40 200 $ 47,350.91

1.1 Project Administration and Invoicing 20 20 40 80 $ 15,907.01 1.2 Project Management and Control 60 20 80 $ 19,783.65 1.3 Meetings 15 10 15 40 $ 11,660.25 Task 2 Data Collection and Analysis 24 48 80 37 55 244 $ 67,829.12

2.1 Topographic Survey, Data Collection, and Site Reviews 10 10 30 50 $ 10,089.77 2.2 Prepare Base Map 4 2 20 26 $ 5,044.20

2.3 Prepare Utility Mapping 2 5 5 12 $ 2,498.13

2.4 Traffic Analysis 8 488020 156 $ 50,197.02
Task 3 Environmental Services / CEQA & NEPA Support 1 20 52 2 41 116 $ 27,509.61

3.1 APE Map 18 40 58 $ 15,581.37 3.2 AQ Conformity 1 12 27 40 $ 8,348.47 3.3 Prepare and File CEQA NOE 2 2 14 18 $ 3,579.76 Task 4 Utility Coordination 5 5 10 20 $ 4,306.44

4.1 Utility Evaluation and Coordination 5 5 10 20 $ 4,306.44 Task 5 Plans Specifications and Estimate (PS&E) 125 20 40 80 220 520 390 1395 $ 270,643.55

5.1 Prepare 30% Plans and Basis of Design Memo 55 5 20 40 60 120 140 440 $ 87,032.03 5.2 Prepare 95%, and 100% (Bid-Ready) PS&E 60 10 20 40 150 400 250 930 $ 176,868.49 5.3 Caltrans Encroachment Permit 10 5 10 25 $ 6,743.03 Task 6 Public Outreach 25 32 45 102 $ 25,457.06

6.1 Community meetings (2 total) 20 30 40 90 $ 22,627.22 6.2 Stakeholder meetings (2 total) 5 2 5 12 $ 2,829.84 TOTAL HOURS 274 30 49 32 140 192 259 671 390 40 2077
Subtotal Labor: $67,155.89 $12,526.04 $20,125.24 $11,178.08 $42,197.60 $48,748.63 $57,094.37 $121,549.56 $56,594.13 $5,927.14 $ 443,096.69 Other Direct Costs $ 122,019.67
Escalation $ 11,077.42 Traffic Counts $ 4,000.00 Outreach Materials $ 5,000.00 Travel/Mileages (95%, 100%) Electric Plans $ 2,100.00 RSE Corporation - Survey $ 99,842.25 TOTAL COST: $ 565,116.36
Optional Tasks
Task O Optional Tasks
O.1 ASR HPSR 10 70 80 40 200 $ 50,087.19
O.2 Potholing 2 4 6 $ 1,371.96 O.2.1 Potholing (Assume 2 potholes) (Sub - TBD) $ 7,200.00 O.3 Bid Phase Support 5 5 10 $ 2,494.97 O.4 Construction Phase Support 5 5 $ 1,225.47 O.5 Prepare Record Drawings 20 40 60 $ 12,147.77 O.6.1 Draft/Final DEER and Project Management 100 40 10 50 50 60 310 $ 79,903.87 O.6.2 Location Map and Vicinity Map 1 5 6 $ 1,347.30 O.6.3 Right of Way Data Sheet 5 10 15 $ 3,429.89 O.6.4 GAD and Design Standard Decision Document 30 20 60 20 40 170 $ 35,084.78 O.6.5 Transportation Management Plan Data Sheet 5 10 15 $ 3,429.89 O.6.6 Stormwater Data Report (Short Form) 15 10 20 20 65 $ 14,247.18 O.6.7 Initial Site Assessment (ISA) 10 10 10 40 70 $ 12,998.88 O.6.8 Opinion on Probable Cost 5 20 20 45 $ 9,257.24 O.6.9 Collision Analysis 5 20 20 30 75 $ 19,283.09 O.6.10 Structural Assessment Memo 220 20 40 82 $ 22,736.53 $ 276,246.00
Technical
Support
Project
Support

TOTAL HOURS TOTAL COST

CITY OF RICHMOND
Bayview Ave Improvements Project
Federal Project No. STPL-5137(063)
Kimley-Horn and Associates, Inc.

Sr.

Professional III
Sr.

Professional II
Sr.

Professional I Professional II Professional I Analyst II Analyst I OPTIONAL TASKS TOTAL COST :

Attachment A - Kimley-Horn Scope and Fee
799
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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.

Hillal Hamdan Hillal Hamdan 5137(063) Kimley-Horn and Associates, Inc. 800
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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: ________________________________________________ Hillal Hamdan [email protected] 5137(063) Kimley-Horn and Associates, Inc. Kimley-Horn and Associates, Inc. 10 S. Almaden Blvd., Suite 1250 San Jose, CA 95113 [email protected] Vignesh Swaminathan 801
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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, 5137(063) Kimley-Horn and Associates, Inc.
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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.
5137(063) Kimley-Horn and Associates, Inc.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 5137(063) Kimley-Horn and Associates, Inc.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 reasonable attorney’s fees and costs of litigation (“Claims”), to the extent arising from or in any manner connected to Contractor’s negligent performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract even if the City is found to have been negligent.

However, notwithstanding any other provision of this Agreement, in no event shall the cost yo defend charged to Consultant exceed the Consultant's proportionate percentage of fault. 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 5137(063) Kimley-Horn and Associates, Inc.
805
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 jointventure 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 subcontractors 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 5137(063) Kimley-Horn and Associates, Inc.
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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.
5137(063) Kimley-Horn and Associates, Inc.
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 5137(063) Kimley-Horn and Associates, Inc.
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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, 5137(063) Kimley-Horn and Associates, Inc.
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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. 5137(063) Kimley-Horn and Associates, Inc.
810
Contract No: ________ 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, otherwise please state “NONE”):
5137(063) Kimley-Horn and Associates, Inc.
none
811
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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
5137(063) Kimley-Horn and Associates, Inc.
812
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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)
5137(063) Kimley-Horn and Associates, Inc.
813
___ 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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
814
___ 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 REQUIRED 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. 815
___ 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 nonrenewed, 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.
816
___ 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.
817
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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:
5137(063) Kimley-Horn and Associates, Inc.
818
Reso. No. xx-25

DocID #38786v1
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 $1,674,702.81 AND

AUTHORIZE THE AWARD OF A CONTRACT TO KIMLEY-HORN AND
ASSOCIATES, INC. FOR ENGINEERING DESIGN FOR THE BAYVIEW TO

BART PROJECT
WHEREAS, the Bayview to Bart Project (Project) seeks to enhance safety, accessibility, and sustainability by creating a multimodal transportation corridor with protected bike lanes, buffered zones, upgraded pedestrian infrastructure; and WHEREAS, the Bayview overpass already has wide shoulders which can be modified to include a bike lane buffer with vertical elements to physically separate bicyclists from motor traffic. The overpass provides a connection from the Equity Priority Communities in the south side of Richmond to the San Francisco Bay trail access point at South 51st street; and WHEREAS, on December 20, 2022, the City Council adopted a resolution to support the Project, authorize the filing of an application for Metropolitan Transportation Commission (MTC) funding, commit to matching funds if necessary, and assure completion of the Safe Routes to Park Project, including the Bayview to Bart Project, with funding from OBAG3 in the amount of $1,674,702.81 and a proposed City contribution of $270,000 from the General Capital Fund; and
WHEREAS, MTC adopted Resolution 4505 on January 26, 2022, which awarded $1,674,702.81 in OBAG3 grant funding for the Bayview to Bart Project to be completed in fiscal years 2022-23 through 2025-26; and
WHEREAS, on December 19, 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, qualifications, and ability to meet project deadlines and budget; and
WHEREAS, the panel identified Kimley-Horn and associates , Inc. as the best fit for engineering design services for the Project based upon its experience in similar projects and understanding of the project scope of work and approach to completing the project, and emphasis on a strong community engagement process; and
WHEREAS, staff recommends the City Council accept and appropriate OBAG3 Grant award in the amount of $1,674,702.81 in the Engineering Grant Fund 1054; and WHEREAS, staff recommends the approval of a contract with Kimley-Horn and associates, Inc. for the McBryde Avenue Improvements Project in an amount not-to-exceed $565,116.36; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution 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 served, 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 $1,674,702.81 in the Engineering Grant Funds.

BE IT FURTHER RESOLVED that the City Council approves the award of a contract to Kimley-Horn and associates, Inc. for engineering design services for the Project, and authorizes the City Manager or her designee to execute a contract for a not to exceed amount of $565,116.36.
819
Reso. No. xx-25

DocID #38786v1
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 passed and adopted by the Council of the City of Richmond at a regular meeting thereof held March 25, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
820

April 1, 2025
DocID #39919v1
Public Works
DATE: April 1, 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
Janney Lockman, Associate Transportation Planner
Subject: Appropriate Measure J Funds for Blue Curb Policy Development
FINANCIAL IMPACT: Funding is available in the Measure J Fund 2002 Fund Balance. Funds in the amount of $120,000 will be
allocated and appropriated to fund this project.
[Account String: 20236031-400532-23067]

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

While Richmond Municipal Code authorizes the Public
Works Director to place blue curb markings on the public right-of-way that indicate exclusive parking for people with disabilities, the City does not have a comprehensive process for evaluating requests, or design standards to ensure that blue curb spaces comply with the Americans
with Disabilities Act. Public Works received proposals
from two on-call traffic engineering firms to develop a comprehensive blue curb policy to clarify existing policies and procedures and assist staff in evaluating and
providing accessible parking spaces. City staff are
requesting that City Council allocate and appropriate
funding to begin this work.

AGENDA
REPORT
821

April 1, 2025
DocID #39919v1
RECOMMENDED ACTION: ADOPT a resolution to ALLOCATE and APPROPRIATE funds in the amount of $120,000 from Measure J Fund
2002 to develop a comprehensive policy for providing onstreet blue curb parking spaces - Public Works (Janney Lockman 307-8097/Robert Armijo 620-5477/Daniel
Chavarria 620-5478).

DISCUSSION:

Under Richmond Municipal Code section 14.48.020, the Public Works Director is authorized to place blue curb markings, which “indicates parking limited exclusively to vehicles of handicapped persons.” While the City’s current policy to request blue curbside parking spaces is consistent with applicable disability law, the City does not have a comprehensive process for evaluating requests, or design standards to install accessible blue curb spaces that comply with the Americans with Disabilities Act (ADA).

Public Works staff are requesting that City Council appropriate $120,000 from Measure J funding to work with a consultant to create a comprehensive blue curb policy that will allow staff to more effectively and equitably evaluate resident requests for blue curb parking spaces, and install accessible on-street parking spaces that provide equal access to residents, employees, and visitors with disabilities.

In November 2024, Public Works staff issued a request for proposals to the five on-call Traffic Engineering firms to assist in the development of standards for on-street ADA parking within the City. Public Works staff received two proposals (i.e., CSWST2 and Fehr and Peers), and following interviews Fehr & Peers was rated highest to complete this policy development project. The selection was based on the firm’s experience developing similar policies and procedures in similar-sized cities, and the firm’s staff expertise in the Americans with Disabilities Act and Public Right-of-Way Accessibility Guidelines (PROWAG). Given City Council approval the Public Department would move forward with a work authorization with Fehr & Peers to complete the project.

The final policy will include mechanisms for residents to request spaces through a standardized, easy-to-understand application process and establish:

1. Criteria for staff to evaluate and respond to these applications

2. Design standards for ADA-compliant spaces

3. Appeals process for denied requests

4. Re-application and removal policies

5. Recommendations on fees for ADA parking space requests and/or annual budget needs to support the policy
If funding is not allocated and appropriated at this time, the development of a more robust blue curb policy would be delayed. Future updates to the Americans with Disabilities Act (ADA) or Public Right-of-Way Accessibility Guidelines (PROWAG) may require the City to upgrade existing blue curb spaces to more rigorous and capitalintensive standards. By evaluating and proactively updating the City's policies now, the City will be more able to ensure that all residents can access the public right-of-way, and adjust to and implement future legislation.
822

April 1, 2025
DocID #39919v1
Public Works staff requests that the City Council adopt a resolution to allocate and appropriate funding from Measure J to develop this policy (Attachment 1). By creating a clear, equitable, and easy-to-understand process for residents and businesses to request accessible on-street parking spaces, and for staff to effectively and responsively evaluate these requests, this policy will ultimately ensure that our public right-of-way can serve all those who live, work, or visit Richmond regardless of ability.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
823
Reso. No. XX-25

DocID #39920v1
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO ALLOCATE AND APPROPRIATE $120,000 TO DEVELOP A

COMPREHENSIVE POLICY FOR PROVIDING BLUE CURB PARKING SPACES

WHEREAS, the City of Richmond is responsible for the public right of way, including sidewalks and curb markings; and
WHEREAS, the City of Richmond desires to provide on-street parking spaces that provide equal access to residents, employees, and visitors with disabilities; and WHEREAS, Richmond Municipal Code section 14.48.020 authorizes the Director of Public Works to place curb markings, including blue, which “indicates parking limited exclusively to vehicles of handicapped persons,” and
WHEREAS, Title II of the Americans with Disabilities Act (“ADA”) provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity;” and WHEREAS, while the City’s current policy to request blue curbside parking spaces is consistent with applicable disability law, the City does not have a comprehensive process for evaluating requests, or design standards to install accessible blue curb spaces that comply with the Americans with Disabilities Act (ADA); and
WHEREAS, the City staff requested proposals from qualified traffic engineering consultants in the City’s on-call list to develop a comprehensive Blue Curb Policy to clarify existing policies, procedures, and assist Public Works staff in evaluating and providing accessible parking spaces; and
WHEREAS, the City staff has received proposals from said qualified traffic engineering consultants and had selected on-call consultant selected Fehr & Peers to complete this work, based on the firm’s experience developing similar policies and procedures in similar-sized cities, and the firm’s staff expertise in the Americans with Disabilities Act and Public Right-of-Way Accessibility Guidelines (PROWAG); and
WHEREAS, City staff has determined $120,000 is needed to develop the Blue Curb Policy; and
WHEREAS, City staff has determined with the Contra Costa Transportation Authority that this is an eligible expense under Measure J Local Streets Maintenance & Improvements.

NOW, THEREFORE, BE IT RESOLVED that $120,000 from Measure J be allocated and appropriated to provide funding for development of a Comprehensive Blue Curb Policy. *********************
824
Reso. No. XX-25

DocID #39920v1
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 April 1, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-25, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on April 1, 2025.

Pamela Christian, Clerk of the City of Richmond
825
Reso. No. XX-25

DocID #39920v1
CLERK’S

CERTIFICATE
I, Pamela Christian, City Clerk of the City of Richmond, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of Resolution No. XX-25 duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 1
st day of April 2025, of which meeting all the members
of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

An agenda of said meeting was posted before said meeting at City Hall, 450 Civic Center Plaza in the City of Richmond, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: , 2025.

City Clerk of the City of Richmond
[SEAL]
826

March 25, 2025
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Tawfic Halaby, PE, Deputy Director of Public Works
Jason Lacey, Parks and Landscaping Superintendent
Subject: Preparation of the Engineer’s Report for Fiscal Year 2025-2026 for the Marina Bay Landscape and Lighting
Maintenance District
FINANCIAL IMPACT: This action does not impact the General Fund. The proposed expenditure of $7,750 is fully funded by the
Marina Bay Lighting and Landscape District Fiscal Year
2024-2025 approved budget (11533931-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The proposed resolution initiates the process for the
annual levy of a benefit assessment for the Marina Bay
Landscape and Lighting Maintenance District (District) by ordering the preparation of the Fiscal Year 2025-2026
Engineer’s Report for this District in compliance with
Resolution No. 83-09 and Richmond Municipal Code
section 12.60.240 and 12.60.250.

RECOMMENDED ACTION: ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2025-2026
regarding improvements and costs for the Marina Bay
Landscape and Lighting Maintenance District – Public
Works Department (Jason Lacey 510-620-6920).

AGENDA
REPORT
827

March 25, 2025
DISCUSSION:

On July 28, 2009, the City Council adopted Resolution No. 83-09, approving the formation of the new Landscape and Lighting District and the founding Engineer’s Report, establishing the rate of assessment, authorizing annual increases thereof, and ordering maintenance services within the Marina Bay Landscaping and Lighting Maintenance District (District). The rate of assessment for the District must be confirmed annually by the action of the City Council.

In accordance with Section 12.60.240 of the Richmond Municipal Code, and in accordance with State law, the first step in this process is to order the preparation of an Engineer’s Report of assessment for the 2025-2026 fiscal year. The Engineer shall prepare a report that describes any proposed new improvements or any substantial changes in existing improvements. As required by Section 12.60.250 of the Richmond Municipal Code, a copy of the report and a property owner response form will be mailed to all owners of real property subject to the annual benefit assessment as a subsequent part of the process. The City Council will be asked to hold a public hearing and accept the Engineer’s Report to then finalize the process.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Proposed Timeline
828
Reso. No. _____

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ORDERING PREPARATION OF THE ANNUAL ENGINEER’S REPORT FOR FISCAL YEAR 2025-2026 REGARDING IMPROVEMENTS AND

COSTS FOR THE MARINA BAY LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT
WHEREAS, by Resolution Number 83-09 dated July 28, 2009, the City Council of the City of Richmond established assessment rates for the Marina Bay Landscape and Lighting Maintenance District and authorized annual increases thereof; and
WHEREAS, the City Council of the City of Richmond now wishes to determine whether the rates of assessment for Fiscal Year 2025-2026 should be amended.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND DOES HEREBY RESOLVE AS FOLLOWS:
(1) The Engineer shall prepare a report that describes any proposed new improvements or any substantial changes in existing improvements.
(2) The Engineer shall file the report with the City Clerk for consideration by the City Council.

PASSED, APPROVED AND ADOPTED this 25th day of March 2025. ******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** 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 Mmmm dd, yyyy, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
829
Reso. No. _____

State of California }
County of Contra Costa : ss.

City of Richmond }
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
830
Target (Balloting Not Required)
Date Project Tasks
Wednesday, February 26, 2025
Kick-off Meeting: To discuss the District, the levy process and overall expectations — City Council Meeting dates, staffing changes, budget information, District Specific or Changes (including the improvements and services provided, formations or annexations, changes to the assessments particularly new or increased assessments), and the anticipated levy timeline.

Thursday, February 27, 2025 Based on the Kick-off meeting Willdan Financial Services provides the City with revised timeline options (If any revisions are necessary).

Tuesday, March 11, 2025
Willdan Financial Services establishes new levy database for the current year —including all preliminary database checks, land use and parcel changes, then identify all levy issues including any additional maps or parcel information necessary to complete the Preliminary Engineer's Report.

Tuesday, March 25, 2025 Initiate Proceedings Meeting: Council adopts Resolution: 1.) Initiating Proceedings (To initiate proceedings for the annual levy and collection of assessments and order the Engineer's Annual Levy Report) Thursday, April 3, 2025 Willdan Financial Services sends City the Preliminary Budget for review and updates.

Monday, April 7, 2025 Willdan Financial Services develops draft Engineer's Report and begins Preliminary Assessment Evaluation.

Wednesday, April 9, 2025
City staff and Willdan Financial Services discuss the budgets, proposed assessments, and revenue alternatives based on Preliminary Assessment Evaluation. City staff confirms their intent to not have any new or increased assessments (No Property Owner Ballots will be required) and finalize the levy process .

Thursday, April 17, 2025 City provides Willdan Financial Services with final revisions to the budget based on previous discussions.

Thursday, April 24, 2025 Willdan Financial Services completes final modifications to the Engineer's Report based on City's input of the proposed assessments and budgets, and finalizes all resolutions and documentation.

Monday, May 12, 2025 Willdan Financial Services delivers: 1.) Preliminary Engineer's Report; 2.) All Resolutions and documents necessary for the Intent Meeting; 3.) Resolutions and documents needed for the Public Hearing (if completed).

Tuesday, June 3, 2025 Intent Meeting: Council adopts two Resolutions: 1.) Preliminary Approval of the Engineer's Report (Reviews and preliminarily approves the report and the proposed assessments); 2.) Resolution of Intent.

Monday, June 9, 2025
Willdan Financial Services delivers: 1.) Resolutions to be adopted at the Public Hearing (If not previously provided); 2.) Final Engineer's Report (if changes or modifications to the Preliminary Report were ordered by City Council action or if any substantial or material changes must be made to the report on file with the City Clerk.) Tuesday, June 17, 2025 Willdan Financial Services mails Assessment Letters to each property owner in the District.

Thursday, June 19, 2025 Pursuant to sections 22626, 22552 and 22553 of the 1972 Act and 6061 of the Government Code, the City Clerk shall publish the resolution of Intention one time at least 10 days prior to the Public Hearing.

Tuesday, July 1, 2025
Public Hearing: Council holds public hearing regarding the District and assessments. After the public hearing has been closed, the Council may discuss and adopt the appropriate resolutions for the District and levy of assessments: Resolution Approving the Engineer's Report (As Submitted or Amended).

Thursday, June 26, 2025
City Clerk provides Willdan Financial Services with two Certified "wet copies" of all documents to be submitted to the County with the assessment roll including the Resolution Ordering the Levy and Collection of Assessments and any Proposition 218 Compliance Documentation.

Thursday, July 10, 2025 Willdan Financial Services reviews, confirms and updates all levy database files reflected in the Engineer's Report, budgets and/or assessment rates approved by the City Council.

Friday, August 8, 2025 Willdan Financial Services Submits Levy to County (Levy Tape, Resolutions and any other Documentation).

Monday, August 18, 2025 Willdan Financial Services submits Levy Corrections to the County for all taxable exceptions.

Thursday, September 25, 2025 Willdan Financial Services provides the City with an Applied Levy Summary.

City of Richmond
Marina Bay LLMD
Project Timeline For Fiscal Year 2025-2026
The City Council meets the First, Third and Fourth Tuesday of each Month Willdan Financial Services Page 1 of 1
831

April 1, 2025
Community Development
DATE: April 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Eva Mann, Code Enforcement Manager
Avery Stark, Planning Manager
SUBJECT: Extension of Moratorium on New Tobacco Retailers FINANCIAL IMPACT: The urgency ordinance extension, if adopted, would be enforced pursuant to routine code enforcement efforts,
which is included within the City’s budget. The ordinance, therefore, is not expected to have any additional fiscal impact on the General Fund.

PREVIOUS COUNCIL
ACTIONS:

April 16, 2024
May 21, 2024

STATEMENT OF THE
ISSUE:

On April 16, 2024, the City Council adopted Urgency
Ordinance No. 03-24 N.S., which placed a temporary
moratorium on the issuance of any new permit, license,
or entitlement for any new tobacco retailer within the City.

On May 21, 2024, the City Council adopted Urgency
Ordinance No. 05-24 N.S. extending the moratorium
established by Urgency Ordinance No. 03-24 N.S. for ten months and fifteen days from the date of the 45-day
moratorium’s expiration, May 31, 2024; this initial
extension is set to expire on April 15, 2025. Pursuant to Government Code Section 65858(d), the City has taken
steps and continues to take steps to alleviate the
conditions that necessitated the adoption of said
moratorium; however, it has been determined that it is
necessary to further extend the moratorium for a period of one year, until April 15, 2026, as authorized by
Government Code Section 65858(a) in order to protect
against the current and immediate threat to the public
AGENDA
REPORT
832

April 1, 2025
health, safety, and welfare and provide sufficient time for the City to continue its study of viable solutions and
municipal code amendments necessary to reasonably
regulate tobacco and hedge against the current threats to the public health, safety, and welfare.

RECOMMENDED ACTION: HOLD a public hearing and ADOPT an urgency ordinance, pursuant to Government Code Section 65858,
extending the temporary moratorium on the issuance of
new permit, license, or entitlement for any new tobacco retailer in the City of Richmond for an additional 12
months, until April 15, 2026. This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably
foreseeable indirect physical change in the environment.

The enactment of this ordinance, therefore, does not
constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt
from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines
§§ 15060(c)(2)(3); 15061(b)(3); 15064(d)(3); 15378(a)) - Community Development Department (Lina Velasco/Eva
Mann (510) 621-1220).

DISCUSSION:

On April 16, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S., which placed a temporary moratorium on the issuance of any new permit, license, or entitlement for any new tobacco retailer within the City. On May 21, 2024, the City Council adopted Urgency Ordinance No. 05-24 N.S (Attachment 1). extending the moratorium established by Urgency Ordinance No. 03-24 N.S. for ten months and fifteen days from the date of the 45-day moratorium’s expiration, May 31, 2024; this initial extension is set to expire on April 15, 2025. Pursuant to Government Code Section 65858(d), the City has taken steps and continues to take steps to alleviate the conditions that necessitated the adoption of said moratorium; however, it has been determined that it is necessary to further extend the moratorium for a period of one year, until April 15, 2026, as authorized by Government Code Section 65858(a) in order to protect against the current and immediate threat to the public health, safety, and welfare and provide sufficient time for the City to continue its study of viable solutions and municipal code amendments necessary to reasonably regulate tobacco and hedge against the current threats to the public health, safety, and welfare.

ANALYSIS/DISCUSSION:

As noted and presented previously, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting 833

April 1, 2025
compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through the misconduct of adults.

In recent years, the introduction of vaping and smoking of non-tobacco products, identified by the Centers for Disease Control (CDC) as harmful, has created a market for smoking products not currently captured by tobacco sales regulations in the Richmond Municipal Code (RMC). Recently strengthened regulations in other cities put Richmond in a position to be an attractive market for tobacco and vape retailers.

Due to increased complaints and the establishment of unpermitted tobacco retailers, staff recommended that the Council consider establishing a temporary moratorium on new tobacco retailer licenses to address revising the definitions of tobacco products to expressly include vape products and vapor smoking devices; increasing penalties for violations of local laws; and reviewing licensing fees and licensee restrictions. On April 16, 2024, the City Council adopted Ordinance No. 03-24 N.S., which placed a temporary 45- day moratorium on any new tobacco retailer within the City of Richmond and declared an urgency thereof pursuant to Government Code Section 65858. This urgency ordinance was extended for 10-months and 15-days by Ordinance No. 05-24; however, a further extension of this moratorium is required.

Since the moratorium took effect, the City has studied necessary actions to improve licensing and enforcement tools for regulating unlicensed tobacco retailers within the City. From the City’s studies, it was determined that of the 83 known tobacco retailers operating within the City, 51 are unlicensed. Also, as part of this study, regulatory inspections were conducted at several tobacco retailers. At these inspections, it was discovered that the issues relating to tobacco retailers were much broader and more serious than initially believed. These inspections revealed that tobacco retailers operating without licensing is just one of the many issues; tobacco retailers are being operated by underaged employees, unlawful cannabis, illicit drugs, and paraphernalia are being marketed and sold including to minors, and mass quantities of flavored tobacco products fill the shelves of these retailers. These discoveries are particularly troublesome given the widespread availability and ease of access for the City’s youth. Moreover, during this moratorium period, new State laws have gone into effect that explicitly prohibit any sale of flavored tobacco products and tobacco flavor enhancers, all products which were observed in mass quantities during these inspections. As such, additional time under the moratorium to study and develop viable solutions to deal with these new issues and address the myriad of issues identified and return with recommendations to adequately protect the public health, welfare, and safety.

Under the current moratorium, legally existing tobacco retailers are permitted to continue operating and obtain renewal of their licenses subject to existing approval and denial standards. The City also reserves the right to suspend or revoke any existing permit, license, or entitlement of tobacco-related businesses under existing standards. The proposed urgency ordinance extension requires a public hearing and a four-fifth’s vote of the City Council.
834

April 1, 2025
City staff is recommending adoption of a new urgency ordinance to extend the temporary moratorium for an additional 12-months, until April 15, 2026, to allow staff sufficient time to prepare changes to the RMC to develop stronger regulations of tobacco retailers to adequately protect the public health, welfare, and safety and also implement new changes in State law, which took effect on January 1, 2025 and regulate flavored tobacco products.

Under Government Code Section 65858(d), at least 10 days prior to the expiration of any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance (Attachment 2). Staff prepared and posted online at https://www.ci.richmond.ca.us/4662/Tobacco-RetailersLicense the required 10-day report describing the measures that have been taken to alleviate conditions which led to the adoption of the urgency ordinance (Attachment 3).

ENVIRONMENTAL ANALYSIS:

This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2)(3); 15061(b)(3); 15064(d)(3); 15378(a)).

ALTERNATIVE ACTIONS:

The City Council could decide not to extend the moratorium at this time and direct staff to continue working on possible amendments to the RMC while processing new tobacco retailer license applications and renewals based on the current regulations. This could result in immediate adverse impacts, such as tobacco and vape retailers that have had to close in other cities relocating to Richmond during the period required to develop and propose stronger regulations, some which may locate in areas frequented by youth such as near schools or after school programs.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance No. 03-24 N.S. and Ordinance No. 05-24 Attachment 2 – Urgency Ordinance Extending Moratorium
Attachment 3 – Updated 10-Day Report
835
836
837
838
839
840
841
ORDINANCE NO. _______
AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING UNTIL APRIL 15, 2026 A TEMPORARY MORATORIUM ON ALL NEW

TOBACCO RETAILERS WITHIN THE CITY OF RICHMOND WHICH WAS ADOPTED BY THE CITY COUNCIL ON APRIL 16, 2024 (ORDINANCE NO. 03-24 N.S.) WHEREAS, the City of Richmond (“City”) is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety, and welfare of City residents and especially youth; WHEREAS, this temporary moratorium will provide staff with the opportunity to study various options to regulate tobacco retailer businesses, including potentially requiring a use permit for such uses;
WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threat to the public health, safety, or welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study; WHEREAS, on April 16, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S. establishing a 45-day moratorium on the approval of granting any permit, license, and land use entitlement for any new tobacco retailer within the City to allow the City time to study viable solutions and municipal code amendments necessary to reasonably regulate tobacco retailers in the City as more fully described in that ordinance;
WHEREAS, the 45-day moratorium expired on May 31, 2024; WHEREAS, after a showing and issuance of a report documenting the steps the City took to alleviate the conditions necessitating the adoption of Ordinance No. 03-24 N.S., on May 21, 2024, the City Council adopted Urgency Ordinance No. 05-24 N.S. extending the moratorium established by Urgency Ordinance No. 03-24 N.S. for ten months and fifteen days from the date of the 45-day moratorium’s expiration, May 31, 2024; WHEREAS, the extension on the moratorium is set to expire on April 15, 2025; WHEREAS, pursuant to Government Code Section 65858(d), the City has taken steps and continues to take steps to alleviate the conditions that necessitated the adoption of Ordinance No. 03-24 N.S. and the extension adopted by Ordinance No. 05-24 N.S. and has issued a report relative to the steps taken, which is attached and incorporated by reference; WHEREAS, the City has determined that it is necessary to further extend the moratorium for a period of one year, until April 15, 2026, as authorized by Government Code Section 65858(a) in order to protect against the current and immediate threat to the public health, safety, and welfare and provide sufficient time for the City to continue its study of viable solutions and municipal code amendments necessary to reasonably regulate tobacco and hedge against the current threats to the public health, safety, and welfare; WHEREAS, per Government Code Section 65858 such an extension of an urgency measure requires a four-fifths vote (6 votes) of the City Council for adoption and the extension 842
shall be of no further force and effect than one year from the date of the expiration of the initial ten months and 15 days extension on the initial moratorium; WHEREAS, this further extension on the moratorium will be set to expire on April 15, 2026;
WHEREAS, Government Code Section 65858(c) provides that the legislative body shall only extend any interim ordinance pursuant to this section if the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare;
WHEREAS, due notice of the hearing requesting this temporary moratorium has been provided as required by Government Code Section 65090; and, WHEREAS, for reasons set forth above and in Ordinance No. 03-24 N.S. and Ordinance No. 05-24 N.S., which recitals are incorporated herein by reference, this ordinance is declared by the City Council to be necessary, as without this ordinance, the approval of additional licenses, permits, and land use entitlements for any new tobacco retailers or the like would result in a current, immediate, and direct threat to the health, safety, and welfare of the community, and the recitals above and in Ordinance No. 03-24 N.S. and Ordinance No. 05-24 N.S. taken together constitute the City Council’s statements of the reasons constituting such necessity and urgency.

NOW, THEREFORE, the City Council of the City of Richmond does hereby ordain as follows:

SECTION 1: That the above recitals and recitals contained in Ordinance No. 03-24 N.S. and Ordinance No. 05-24 N.S. are true and correct and are adopted as the City Council’s findings.

SECTION 2: Purpose and Authority.

In the interest of protecting the health, safety, and welfare of the residents in the City of Richmond, it is the purpose and intent of this ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer in the City of Richmond. The City Council has authority to adopt this ordinance pursuant to California Constitution Article XI, Section 7 and Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

SECTION 3: Findings.

All provisions of Ordinance No. 03-24 N.S. shall remain in full force and effect during the extended term of the moratorium. In order to protect the public health, safety and welfare of the community and pursuant to the provisions of Government Code Section 65858, Section 7 of Ordinance No.03-24 N.S. is revised to reflect that the moratorium shall be extended for one year past the expiration of the original extension on the moratorium, which is set to expire on April 15, 2025 and as such this further extension shall be set to expire, and be of no further force and effect, on midnight, April 15, 2026.
843
Section 4: Environmental Review/California Environmental Quality Act (CEQA).

This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).

Section 5: Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

Section 6: Effective Date.

This ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an urgency ordinance for preserving the public health, safety and welfare and shall take effect and be enforced immediately upon adoption.
------------------------------------------------------
I hereby certify that the foregoing Ordinance of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held April 1, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
_________________________
City Attorney
844
Posted: March 14, 2025
10-DAY REPORT ON THE CITY OF RICHMOND

URGENCY ORDINANCE PLACING A TEMPORARY MORATORIUM ON ALL NEW

TOBACCO RETAILERS WITHIN THE CITY OF RICHMOND PENDING THE STUDY

AND DEVELOPMENT OF REASONABLE REGULATIONS AS REQUIRED BY GOVERNMENT CODE SECTION 65858(d)
BACKGROUND:

On April 16, 2024, pursuant to Government Code Sections 65858 and 36937, the City Council adopted Ordinance No. 03-24 N.S., a 45-day urgency moratorium ordinance. Ordinance No. 03-24 N.S. was adopted in an effort to protect the public health, safety, and welfare by placing a 45-day moratorium on all new tobacco retailers with the City of Richmond pending completion of the anticipated study and development of reasonable regulations for tobacco retailers. On May 21, 2024, the City Council adopted Ordinance No. 05-24 N.S. extending the 45-day moratorium for 10 months and 15 days. Under Government Code Section 65858(d), at least 10 days prior to the expiration of any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Issuance of this report satisfies the requirements of Government Code Section 65858(d). The 10 month-15-day moratorium extension is set to expire on April 15, 2025.

MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION

OF THE URGENCY ORDINANCE

1. Since April 16, 2024, City staff has been developing a community engagement plan to receive input from stakeholders, including neighborhood councils, school organizations, tobacco retailers, businesses and residents on the contemplated municipal code amendments.

This effort has included compiling a list of stakeholders to engage in the community input process. The City has also assembled a taskforce tasked with the enforcement and review of licensed and unlicensed tobacco retailers to understand violations of current regulations and the need for potential new regulations. City staff has developed a list of tobacco retailers with current licenses, those with expired licenses, and those operating with no licenses to study the current landscape and determine types of regulations that may be beneficial.

The City has also created and published a project webpage to post information regarding the project. See https://www.ci.richmond.ca.us/4662/Tobacco-Retailers-License

2. Since May 21, 2024, Good City Company was contracted by the City of Richmond in November of 2024 to update the City’s tobacco retailer regulations and permitting process.

3. In the past 4 months, Good City has developed an existing conditions report outlining concerning trends in tobacco consumption, current City regulations, the number of licensed and unlicensed tobacco retailers, as well as the number and type of violations seen by the tobacco task force enforcement team. The existing conditions report also compares Richmond’s tobacco retail ordinance to those in San Francisco, Berkeley, Oakland, and San Jose and describes potential regulations and enforcement mechanisms available to the City.

4. The existing conditions report, potential regulations, and enforcement mechanisms were presented to the community at a workshop on February 11th. 845
Posted: March 14, 2025

5. City staff and/or Good City presented at the Richmond Neighborhood Coordinating Council meeting on March 10 to discuss permitting and enforcement options for tobacco retailers for feedback and input.

The above reflects actions undertaken during this time period. Conditions continue to exist that make it necessary to extend the interim urgency ordinance currently in effect to provide staff with the necessary time to complete its analysis and research, develop appropriate regulations, and ensure the protection of the public health, safety, and welfare.

CONTINUED NEED FOR THE MORATORIUM
At the direction of the City Council, staff and the City’s consultant, Good City, are studying and will develop reasonable regulations for tobacco retailers, such as the inclusion of provisions:
requiring a potential use permit, to address community concerns regarding underage access, to provide public notification of licenses, and to address proliferations of retailers. These contemplated regulation changes require public outreach, a public hearing before the Planning Commission, and a second public hearing before the City Council. Actions addressing the underlying need for the moratorium are on-going. Specifically, the following next steps are still needed:

1. Staff and/or Good City will host two virtual stakeholder roundtables in March. One will be in collaboration with the school district and a second with interested tobacco retailers.

2. A second community meeting will take place in April where Staff and Good City will present the draft ordinance proposing the key changes detailed above.

3. The draft ordinance will be presented at a public hearing before the Planning Commission.

4. Upon recommendation by Planning Commission, the draft ordinance will be presented to the City Council for consideration. If introduced, a second reading (adoption hearing) will be required at Council. If adopted the ordinance will become effective 30 days after adoption.

These tasks cannot be completed by April 15, 2025. Therefore, the need for the moratorium remains and City staff recommend the City Council adopt an ordinance extending the current moratorium for a period of 12 months to provide sufficient time for these tasks. Unless extended by Council, the moratorium would automatically expire on April 15, 2025. Staff intends to return to Council with municipal code amendments by Summer 2025.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the draft extension of the Urgency Ordinance at the City Council hearing to be held on April 1, 2025. The City will publish notice for this meeting pursuant to Government Code § 65090. 846
01337.0001/1062301.2 Page 1 of 9
April 1, 2025
Public Works
DATE: April 1, 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
Mary Phelps, Water Resource Recovery Manager
Subject: Extension of the Keller Beach Sanitary Sewer
Moratorium (2025-2027) – Adoption of Urgency
Ordinance
FINANCIAL IMPACT: The subject Urgency Ordinance would likely impact the City’s finances temporarily because it would prohibit the City from issuing building permits requiring new
connections to the Keller Beach Sanitary Sewer
(“KBSS”). However, those fees would ultimately be paid
when the parcels are developed. The real danger would
be from a failure of the KBSS line and discharges into the Bay, violating various permits and resulting in financial penalties to the City.

Costs associated with staff time for community
engagement, regulatory coordination, and consultant
procurement will be covered within existing departmental budgets. The upcoming consultant selection and
development of interim sewage holding tank standards
will be funded through previously allocated capital
improvement funds, with no additional funding required
for this action.

PREVIOUS COUNCIL
ACTION:

January 18, 2022, February 21, 2023, April 4, 2023, and December 9, 2023, February 18, 2025
AGENDA
REPORT
847
01337.0001/1062301.2 Page 2 of 9
April 1, 2025

STATEMENT OF THE
ISSUE:

Baykeepers, 2005 Settlement Agreement and applicable
Federal and State permits prohibit illegal discharges into the Bay and categorize the Keller Beach Sanctuary
Sewer (“KBSS”) as a category 5 level likelihood of failure.

The City imposed a moratorium on additional connections on January 18, 2022 and retained NCE Coastland to do a
study. This study was completed and adopted by the City Council on January 18, 2022. Urgency Ordinance No. 06-
25, adopted on February 18, 2025, created a temporary,
45-day moratorium on the issuance of building permits for new KBSS connections. The current action is proposed
for a further extension of the moratorium for 22 months and 15 days. New sewer connections resulting in
increased KBSS use heighten this failure risk and the
resulting environmental and public safety concerns. The proposed extension would expire in 22 months and 15
days. A permanent upgrade/replacement of the KBSS is
likely a 7 or more-year process. The purpose of this
Moratorium is to allow the design and creation of interim solutions so that property development can proceed
within the new moratorium period.

RECOMMENDED ACTION: HOLD a public hearing and ADOPT an Ordinance, pursuant to Government Code Section 65858, extending
the existing moratorium (22 months and 15 days) on the
issuance of building permits requiring a new sewer
connection to the Keller Beach Sanitary Sewer (KBSS)
and declaring the urgency thereof pursuant to
Government Code Section 65858. The ordinance is not a
project under the California Environmental Quality Act
(CEQA), as it maintains the existing physical environment and prevents changes in the environment, thereby having no potential for direct or reasonably foreseeable indirect physical change (CEQA Guidelines Section 15378(a)). It
is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment.

There is no possibility that adoption of this ordinance will have a significant effect on the environment because it maintains the existing condition of the environment
Section 15061(b)(3) - Public Works (Daniel Chavarria
510-620-5478/ Robert Armijo 510-620-5477/ Mary
Phelps 510-621-1269).

DISCUSSION:
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Baykeeper, formed to protect the Bay, sued the City of Richmond and reached a Settlement Agreement in 2005, which was subsequently amended and extended to 2028. The Settlement Agreement includes a program for upgrade and improvement of sewer lines threatening the San Francisco Bay of which Keller Beach Sanitary Sewer (KBSS) is in the highest category Level 5. Baykeeper has requested an explanation of current delays. On February 18, 2025, pursuant to Government Code Section 65858 (“GC Section 65858”), the City Council adopted Urgency Ordinance No. 06-25 N.S. (hereinafter “Urgency Ord. No. 06-25 or Urgency Ordinance”), which established a 45- day moratorium (to expire April 4, 2025) on the issuance of building permits requiring sewer connections to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof. The ultimate upgrading and replacing of the KBSS is likely a 7-year process. The purpose of this Moratorium is to allow the design and creation of interim solutions so that property development can proceed within the moratorium period.

The action proposed here would extend the current 45-day moratorium.

Background:

The KBSS, constructed in 1959, consists of approximately 5,392 linear feet of 8-to-12- inch concrete-encased cast iron pipe extending from Keller Beach into the San Francisco Bay. Over its decades of service, the pipeline has experienced significant deterioration, including corrosion, structural instability, and sagging in areas exposed to tidal activity. Because of its location, maintenance and emergency repairs are extremely difficult, as the pipeline is submerged during high tides and access is limited by steep cliffs and private properties. With sea level rise, this condition will worsen. Given these constraints, the KBSS remains vulnerable to failures that could result in sanitary sewer overflows into the Bay, leading to environmental and regulatory concerns and potential enforcement actions against the City.

Additionally, under its Federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) Permit and State Permit, the City could be charged millions of dollars in fines for unauthorized discharges into the Bay. For all these reasons, correction of Level 5 deteriorated sewers like KBSS is of critical importance.

Assessment of Keller Beach Sanitary Sewer:

On November 17, 2021, the City received a commissioned study and assessment of the KBSS system. The study confirmed the City’s concerns regarding sustainability and increased use of the KBSS sewer interceptor and other infrastructure. The following issues have been identified:
 Poor Pipe Conditions: KBSS sewer has reached the end of its useful design life. The pipe that is visible and CCTV inspected is highly corroded and the remaining wall thickness and structural strength is unknown but clearly compromised. The sewer main has been partially descaled but remains weakened and increasingly prone to cracks and breaks. The pipe’s profile has extensive sags and will continue to sag and adjust due to its location in the surf 849
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zone under the force of shifting sand and wave action. Laterals are in poor condition with known and suspected defects which the City/Homeowners are obligated to correct.
 Limited Access for Maintenance and Repair: No vehicle access to beach, limited walkability due to cliffs and private property, and restricted work periods due to the ocean tides all contribute to limited sustainability of KBSS.  Environmental Risk: Due to the location of KBSS, paired with its condition, infrastructure failures would likely result in severe environmental harm and an inability to quickly remediate damage/leaks. In addition to environmental harm, the City faces extensive liability in the event of a major leak into the San Francisco Bay. Moreover, sea level rise will make access and maintenance of the lines even more problematic.

Previous Moratoria
Recognizing these risks, the City Council originally adopted an urgency ordinance (Ordinance No. 01-22 N.S.) on January 18, 2022, imposing a temporary moratorium on the issuance of new sewer connections to the KBSS. When the moratorium expired, City Council adopted a new 45-day moratorium on February 21, 2023, via Ordinance No. 02-23 N.S., which was extended on April 4, 2023, via Ordinance No. 03-23 N.S. for 22 months and 15 days, setting an expiration date of February 19, 2025, which is proposed to be extended. The purpose of these actions has been to allow the City time to evaluate options for repairing or replacing the KBSS while preventing new connections that could further strain an already compromised system.

To clarify, the purpose of the proposed moratorium is not the long-term fix but to permit short-term interim solutions so that property owners have a path forward as the ultimate long-term solution for KBSS is perhaps seven years away.

Work completed since Previous Moratoria
Since the adoption of the previous moratoria, the City has worked to evaluate solutions for the KBSS, but various challenges have hindered progress. The City initially retained Coastland Engineers to conduct technical analysis, with a contract approved in July 2022. Although preliminary work was completed, in March 2024, Coastland withdrew from the project, citing challenges related to public engagement and concerns over a December 2023 directive from the City Council, which introduced additional requirements, including a peer review of the work completed to date. With Coastland’s withdrawal, staff had to restart the consultant procurement process.

Public engagement has also been a factor in project delays. The initial community outreach meeting in April 2023 presented difficulties in facilitation and maintaining a productive dialogue, with many attendees expressing frustration over the potential for sewer relocation. The City has since taken steps to improve communication and 850
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transparency, including engaging Kearns and West in July 2024 to lead future outreach efforts. Their involvement has greatly improved the quality and civility of discussions, allowing for more constructive dialogue between the City and the community. While disagreements remain regarding potential solutions, the ongoing engagement efforts are making measurable progress in building a shared understanding of project constraints and next steps.

In parallel with these outreach efforts, City staff have worked to identify a new consultant to reassess engineering alternatives, including whether rehabilitation, replacement, or relocation of the KBSS is the most viable solution. However, because a consultant has not yet been engaged, the City does not yet have a final scope, schedule, or cost estimate for addressing the sewer system’s deficiencies. Staff issued a new request for proposal (RFP) for a consultant on March 10, 2025.

Additionally, City staff are working on interim solutions to allow limited development to proceed while ensuring the KBSS is not further strained. One such approach is the use of sanitary sewage holding tanks (“Holding Tank Option”), with technical standards currently being drafted. Staff anticipate presenting standards for review and approval by City Council within the next six to nine months, which could allow certain projects to move forward under controlled conditions.

It should be emphasized that while the Holding Tank Option appears to be one solution which could be implemented within the 22 month period of this moratorium. The consultant(s) would need to help us determine if there are other potential short-term solutions which can be studied and implemented within the period of the moratorium.

While staff have remained committed to advancing this project, competing priorities and workload constraints have contributed to delays. The process of securing new consultants, conducting technical reviews, and maintaining public engagement requires significant staff time and resources. Additionally, the December 2023 Council directive introduced a shift in project direction that required additional coordination and ultimately contributed to the consultant’s decision to withdraw further complicating efforts to move forward.

Given the incomplete status of the engineering evaluation, the continued environmental and structural risks, and delays associated with consultant transitions and public engagement, adopting a new moratorium is necessary.

The proposed ordinance would adopt a 22-month, 15-day moratorium, extending the moratorium through February 10, 2027, allowing the City to secure a new consultant, finalize engineering recommendations, implement an interim solution for affected property owners, and prevent new sewer connections prior to the repair or replacement of the KBSS. Without the adoption of the moratorium, premature connections could expose the KBSS to additional strain, increasing the likelihood of system failures, regulatory violations, and environmental harm.

Adoption of Sewer Moratorium as Urgency Measure
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State statutes and case law support the right of a legislative body to consider and enact a moratorium on the issuance of development entitlements and building permits when a public agency is studying or intends to study a proposed general plan or zoning change that might affect the issuance of such permits for development. Government Code § 65858 authorizes cities and counties to adopt an ordinance prohibiting uses that may be in conflict with a contemplated planning or zoning proposal. State law also establishes procedures the City must follow prior to adoption of an interim ordinance establishing a development moratorium. Such an ordinance requires only one reading, becoming effective immediately upon adoption. Adoption of an urgency ordinance does, however, require a four-fifths vote, which, in Richmond, would mean six of seven members of the City Council.

Adoption of an interim ordinance requires findings that there is a current and immediate threat to public health, safety, or welfare, and that the approvals of additional entitlements for use would result in that threat to public health safety or welfare, as stated in the first sentence of Government Code § 65858 (c). An urgency ordinance can be in effect up to 45 days, with potential extensions by another four-fifths vote in the aggregate of two (2) years. In other words, after further notice and a hearing, the City Council can extend the moratorium for twenty-two months and 15 days. California law requires that a moratorium ordinance contain findings stating why the ordinance is needed to address a current and immediate threat to public health, safety, or welfare.

Additionally, if the urgency ordinance would have the effect of denying approvals for multi-family projects, then the ordinance cannot be extended beyond 45 days unless the continued approval of multi-family housing would have a “specific, adverse impact” on public health or safety. This means that the multi-family housing would have a “significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body," and there is no feasible alternative to avoid the impact with a less burdensome or restrictive effect. The additional findings regarding a specific quantifiable adverse impact will also need to be made at the extension hearing as the moratorium impacts the potential to develop multifamily housing units.

Separately, Government Code § 66300 prohibits moratoriums impacting housing development “other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium…” Any such moratorium cannot be enforced against housing development (which includes development of single-family homes and ADUs) until the ordinance has been submitted to and approved by the Department of Housing and Community Development (“HCD”). The City consulted with HCD back in 2022 and 2023 with adoption of the previous moratoria and has requested HCD approval to enforce this moratorium on housing development. Given the failing KBSS infrastructure and its environmentally sensitive area, an imminent threat exists that would be worsened with new sewer connections to KBSS. The narrow scope of the moratorium, the efforts of the 852
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City to address the threat posed by the condition of the KBSS, and the temporary nature of the moratorium demonstrate that the moratorium is not a pretense for limiting housing development but addresses an ongoing imminent threat to the health and safety of residents that would be severely impacted in the event of KBSS’s failure. The City is exploring interim measures to allow construction to proceed before the KBSS line is fully repaired or relocated, as is explained in this report.

Rationale for Recommendation:

The purpose of adopting an urgency ordinance and imposing a moratorium on building permits that would require a new sewer connection to the KBSS is to avoid the risk of a catastrophic failure of the current pipeline. It would be irresponsible for the City to allow new sewer connections to the KBSS, as the strain on the already deteriorated system would be exacerbated, placing the environment and current residents in the vicinity at significant risk. The City of Richmond, by operating and maintaining a public sewer collection system, is required by the State Water Code to comply with waste discharge requirements and to protect the beneficial uses of receiving waters. Among these requirements is the obligation to provide the best practicable treatment or control of wastewater as necessary to ensure pollution or nuisance will not occur, and to maintain the highest water quality consistent with the maximum benefit to the people of the state.

The City cannot presently ensure that the KBSS is functioning as designed. In fact, there is reasonable concern that it may be contributing to pollution to the Bay. The KBSS is located offshore within the tidal zone of Keller Beach and is unreachable by City staff during significant periods of the day when manholes are inundated by the tide.

The KBSS is constructed in such a manner that it cannot be inspected or maintained, even after taking extraordinary measures and expense to do so. The pipeline is constructed with tight bends that prevent normal inspection by closed circuit television equipment. Further, some inspected portions of pipe in 2022 were found to be full of sand, preventing conveyance of wastewater. The pipeline condition of other significant portions of the pipeline is unknown because inspection is impossible due to the tight bends.

With all the above being said, it bears repeating, the extension of the moratorium approved by the Council on February 18 for 45 days until April 4 is not to develop the analysis and implementation of the long-term options for KBSS. This is because the study and implementation of those options could easily take five or more years. It is intended to come up with the analysis and implementation of a solution to sellers within 1-2 years of a mechanism which would provide for City to allow permits to be issued to permit development of parcels within the Keller Beach Area.

The infrastructure deficiencies that impede new development in and around the Keller Beach Sanitary Sewer also impose substantial burdens on the area’s existing residents.

In light of the sewer system’s physical condition and precarious location, a comprehensive plan is necessary to determine how the vacant land and existing 853
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residences should be developed and/or improved, given the public safety concerns related to potential pipeline failure of the KBSS interceptor.

The City remains committed to resolving the long-standing challenges associated with the KBSS. However, due to consultant turnover, evolving project requirements, and continued uncertainties regarding funding and regulatory approvals, a moratorium is necessary to protect public health and safety while ensuring that the City has the time and resources needed to develop and implement a viable long-term solution. Until the City can assure that it is not contributing pollution to waters of the United States, the City is obligated to minimize any potential pollutant discharge to the Bay by continuing its moratorium on new sewer connections to the KBSS until a replacement sewer is constructed. Staff recommends the City Council adopt the proposed ordinance extending the temporary moratorium (45 days) on the issuance of certain building permits for development requiring a new sewer connection to the Keller Beach Sanitary Sewer and Declaring the Urgency thereof pursuant to Government Code Section 65858.

CEQA Analysis:

The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.

Alternatives Considered:

1. Limit time of moratorium: The intended expanded time for the moratorium is necessary given the time required to develop an alternative to the KBSS, which is at the end of its useful life and cannot be replaced due to the severe limitations on site access and work limited to periods of low tide.

2. Moratorium to include new fixtures as well as new sewer connections: The moratorium is being limited to new sewer connections to ensure existing owners can do remodels and additions to existing properties as long as a new sewer connection is not needed.

3. Take no action: This was considered; however, given the Study and Assessment completed of the KBSS in 2021, City staff are no longer able to ignore the high potential for failure should no action be taken to limit the stress on the KBSS.
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SYNERGISTIC POLICIES:

The proposed moratorium supports Richmond’s General Plan 2030 Policy CN3.5 Municipal Sewer District which calls for the city to modernize its wastewater treatment facilities to avoid overflows of untreated sewage.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Urgency Ordinance
Attachment 2 – Ten-day Report
Attachment 3 – Ordinance No. 06-25
Attachment 4 – Keller Beach Map
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