AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, April 11, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
Technological capabilities permitting, this meeting will also be held via teleconference.
Please see teleconference guidelines for information on how to join.
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Gary Singh
Councilmember Jaime Patiño
Councilmember Scott Sakakihara
Councilmember Jeff Wang
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Presentation of Certificates of Recognition To Recycling Poster Contest Winners
3.b. Proclamation Recognizing April as Fair Housing Month
3.c. Proclamation Recognizing National Crime Victims' Rights Week, April 23 - 29, 2023
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the City Council/RSA Agenda 1 Tuesday, April 11, 2023
Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approve The Minutes Of The City Council Meetings Held On March 14, 2023
5.c. Adopt A Resolution Authorizing The City Manager And City Clerk To Complete And Submit Cal OES Form 130
Designating The City Manager, Deputy City Manager, And
Finance Director As Authorized Agents For The City Of Union City
5.d. Adopt A Resolution Initiating Proceedings For The Levy And Collection Of Assessments For The City-Wide Landscape & Lighting District No. 3 For Fiscal Year 2023/24
5.e. Adopt A Resolution Approving A Pre-Qualified On-Call List Of Consultants To Provide Professional Engineering Services In The Area Of Electrical Engineering Design, Landscape
Architectural Design, And Traffic And Transportation
Engineering Design
5.f. Adopt A Resolution Authorizing The City Manager To Execute Amendment No. 3 To The Consulting Services Agreement With William R. Gray And Company, Inc., DBA Gray-Bowen-Scott, In The Amount Of $80,000, For Progress Reporting For
Transportation Projects, For A Total Contract Amount of Not To Exceed $544,000
5.g. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services
Agreement With PGA Design Inc., In The Amount Of $68,200, For Preparation Of The Landscape Plans To Be Included In City Council/RSA Agenda 2 Tuesday, April 11, 2023
The Union City Boulevard Bike Lanes Project, City Project No. 17-29, For A Total Contract Amount Of $141,658
5.h. Adopt A Resolution Vacating Approximately 335 Square Feet Of Unnecessary Public Right-Of-Way Located Adjacent To 379 Appian Way And Authorizing Its Sale To Najib Magee For
$6,700
5.i. Adopt A Resolution Receiving And Accepting The Audited Financial Statements For The Fiscal Year Ended June 30, 2021
5.j. Adopt A Resolution Adopting A Side Letter Between The City Of Union City And The Professional Employees’ Group To
Create The Position Of Economic Development Coordinator, And Approving An Amendment To The City’s Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5
5.k. Adopt A Resolution Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The
City Of Union City And The Service Employees’ International Union (SEIU), Local 1021, And Approving Amendments To The City's Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5
5.l. Adopt A Resolution Approving An Amendment To The
Classification And Compensation Plan To Create The
Classification Of Youth Services Specialist, To Assign A Salary Range To The Youth Service Specialist Classification And To Abolish The Lead Outreach Worker Classification, All In Conformance With California Code Of Regulations, Title 2, Section 570.5; To Reclassify The Lead Outreach Worker To A Youth Services Specialist; And To Approve A Side Letter Between The City Of Union City And The Service Employees’ International Union (SEIU), Local 1021, Regarding The Actions Listed Above
5.m. Update From The Sales Tax & Utility Users' Tax Committee
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Study Session For Draft Amendments To Title 18, Zoning, Of The Union City Municipal Code To Update Chapter 18.40,
Industrial Districts, Chapter 18.76 Site Development Review And Add Chapter 18.43 Use Of Hazardous Materials (AT-23- 003)
7.b. Study Session For Draft Amendments To Title 18, Zoning Of The Union City Municipal Code To Add Chapter 18.XX MixedUse Employment (EMU) District (AT-23-002) And Rezone Properties Identified In The General Plan As Mixed-Use
Employment (A-23-001)
7.c. Accept the 2020-2022 General Plan APR and the 2022 Housing Element APR Update
City Council/RSA Agenda 3 Tuesday, April 11, 2023
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.
TELECONFERENCING GUIDELINES
Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.
How to watch the meeting remotely:
1. Comcast TV Channel 15 (UCTV 15)
2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 City Council/RSA Agenda 4 Tuesday, April 11, 2023
words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.
Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.
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Please click the link below to join the webinar:
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Or Telephone:
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ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting.
City Council/RSA Agenda 5 Tuesday, April 11, 2023
April 11, 2023
2023 Union City
Recycling Poster Contest
Uyen Mai, Sustainability Analyst
City Council/RSA Agenda 6 Tuesday, April 11, 2023
2 Reduce, Reuse, and Recycle Every Day
• Two new filtered water refill stations at City Hall
• Celebrating Earth Day every day
• Visit UnionCityRecycles.org for recycling and
sustainability tips, such as:
• Bring your own reusable food service ware and shopping bag
• Know what materials are accepted in Union City’s
curbside recycle, compost, and landfill collection program and only place accepted materials in the proper cart
2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners City Council/RSA Agenda 7 Tuesday, April 11, 2023
3 Upcoming Earth Day-Friendly Community Events
Free Electronic Waste (E-Waste) Drop-off Event
• Sat, April 15 | 10AM - 2PM | James Logan HS Parking Lot 2023 Union City Compost Giveaway Event
• Sun, April 16 | 8AM - 12PM | UC BART Station Parking
Lot #1
Earth Day-Friendly Events @ Studio 11
• “The Lorax “ Free Movie Showing | Fri, April 21 | 6PM • Spring Pop-up on the Promenade | Sat, April 29 |
11AM – 4PM
2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners For more information, visit: UnionCity.org/EarthDayEvents.
New Haven Day
• Sat, April 22 | 10 AM – 4 PM | James Logan HS Big
Green Field
Free Community Document Shred Event
• Sat, April 22 | 9 AM – 12 PM | Cesar Chavez Middle
School
UC Police Dept. Drug Take-Back Event
• Sat, April 22 | 10 AM – 2 PM | UC Police Dept
City Council/RSA Agenda 8 Tuesday, April 11, 2023
4 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Grades K – 2
Esperanza C. |1st Place | Pioneer Elementary (2nd Grade) Reiya T. | 1st Place | Guy Emanuele Elementary (Kindergarten) Autumn A. | Runner-up | Mission Hills Middle (1st Grade) Ishaan V. | Runner-up | Holy Spirit Parish (2nd Grade)
Michelle Y. | Runner-up | Pioneer Elementary (Kindergarten) Vishyaa N. | Runner-up | Delaine Eastin Elementary (Kindergarten) Zayda W. | Runner-up | Alvarado Elementary (Kindergarten) 2023 Union City Recycling Poster Contest
City Council/RSA Agenda 9 Tuesday, April 11, 2023
5 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners 1 st Place Winner:
Esperanza C.
Pioneer Elementary
School (2
nd Grade)
City Council/RSA Agenda 10 Tuesday, April 11, 2023
6 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners 1 st Place Winner: Reiya T.
Guy Emanuele Elementary (Kindergarten)
City Council/RSA Agenda 11 Tuesday, April 11, 2023
7 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner: Autumn A.
Mission Hills Middle School (1st Grade)
City Council/RSA Agenda 12 Tuesday, April 11, 2023
8 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Ishaan V.
Holy Spirit Parish (2
nd Grade)
City Council/RSA Agenda 13 Tuesday, April 11, 2023
9 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Michelle Y.
Pioneer Elementary
(Kindergarten)
City Council/RSA Agenda 14 Tuesday, April 11, 2023
10 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Vishyaa N.
Delaine Eastin Elementary (Kindergarten)
City Council/RSA Agenda 15 Tuesday, April 11, 2023
11 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Zayda W.
Alvarado Elementary
(Kindergarten)
City Council/RSA Agenda 16 Tuesday, April 11, 2023
12 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Grades 3 – 5
Maddox C. | 1st Place | Guy Emanuele Elementary (4
th Grade)
Arsh G. | Runner-up | Challenger School (3rd Grade)
Leila W. | Runner-up | Alvarado Elementary (5th Grade)
Madeleine J. | Runner-up | Alvarado Elementary (5th Grade) Rithika V. | Runner-up | Holy Spirit Parish (3rd Grade) Grades 6 – 8
Jocelyn A. | 1st Place | Cesar Chavez Middle (8th Grade) 2023 Union City Recycling Poster Contest
City Council/RSA Agenda 17 Tuesday, April 11, 2023
13 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners 1 st Place Winner: Maddox C.
Pioneer Elementary (4
th Grade)
City Council/RSA Agenda 18 Tuesday, April 11, 2023
14 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Arsh G.
Challenger School
(3
rd Grade)
City Council/RSA Agenda 19 Tuesday, April 11, 2023
15 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Leila W.
Alvarado Elementary (5
th Grade)
City Council/RSA Agenda 20 Tuesday, April 11, 2023
16 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Madeleine J.
Alvarado Elementary (5
th Grade)
City Council/RSA Agenda 21 Tuesday, April 11, 2023
17 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Runner-up Winner:
Rithika V.
Holy Spirit Parish (3
rd Grade)
City Council/RSA Agenda 22 Tuesday, April 11, 2023
18 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners 1 st Place Winner: Jocelyn A.
Cesar Chavez Middle (8
th Grade)
City Council/RSA Agenda 23 Tuesday, April 11, 2023
19 2023 Union City “Make Every Day Earth Day” Recycling Poster Contest Winners Congratulations to our
2023 Recycling Poster Contest Winners!
City Council/RSA Agenda 24 Tuesday, April 11, 2023
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 25 Tuesday, April 11, 2023
CITY OF UNION CITY
PROCLAMATION
April 2023 is Fair Housing Month
WHEREAS, the passage of the Fair Housing Act in 1968 enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and
WHEREAS, the Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status and national origin, and
WHEREAS, fair housing is a positive community good, benefitting the environment and our social fabric; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and
WHEREAS, Fair Housing is integral to the ethical commitment of members of the National Association of REALTORS® and the Bay East Association of REALTORS® and is critical to the ability of all real estate professionals to serve their clients, customers and communities; and
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness.
THEREFORE, the City Council of the City of Union City, does hereby proclaim the month of April, 2023 as “FAIR HOUSING MONTH” in Union City, California, to establish Union City as an inclusive community committed to fair housing and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents of the State of California.
DATED this 11th day of April 2023
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
GARY SINGH, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 26 Tuesday, April 11, 2023
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 27 Tuesday, April 11, 2023
CITY OF UNION CITY
PROCLAMATION
National Victims’ Rights Week
April 23-29, 2023
WHEREAS, more than 26 million people become victims of crime each year, and these crimes also affect family members, friends, neighbors, and co-workers; and the Alameda County Victim/Witness Division is dedicated to ensuring the rights of crime victims and their families by providing services to aid in their recovery from the emotional, psychological, social and economic impact of crime as they reclaim their sense of safety, well – being and dignity. The Victim/Witness staff assists victims of crime without regard to a person’s race, gender, religion, nationality, sexual orientation, and gender identity or immigration status; and WHEREAS, victims are faced with many challenges as a result of crime; often times, victims enter systems that fail to meet their needs, provide appropriate services and fail to treat them with the dignity and respect they deserve; and involving survivors helps victim service providers and criminal justice professionals understand the culture, values, and expectations of underserved and unserved victims who seek assistance and justice; and WHEREAS, the Alameda County District Attorney’s Office Victim/Witness Assistance Program was the first such program established in 1974, beginning with one Victim Advocate. Today, the Alameda County District Attorney’s Office employs more than 60 individuals dedicated to working with Victims of Crime.
WHEREAS, in 1984, the Crime Victims Fund was established by the Victims of Crime Act (VOCA) to provide a permanent source of support for crime victim services and compensation. Alameda County District Attorney’s Office Victim-Witness Assistance Division partners with survivors, community service providers, criminal justice professionals and victim advocates are working together to enhance a criminal justice system response that is accessible, culturally competent and appropriate for all victims of crime;
WHEREAS, in 2022, the Alameda County District Attorney’s Office Victim/Witness Assistance Division provided over 2,173 services to more than 346 crime victims in Union City, including but not limited to, child victims of violence and sexual abuse, stalking victims, survivors of homicide victims, human trafficking, crimes against elders and dependent adults, sexual assault, domestic violence, robbery and other crimes; for victims of crime without independent financial means, the District Attorney’s office facilitated financial support through the victim Compensation Program; and,
WHEREAS, the Alameda County District Attorney’s Office has been a leader in outreach and services to underserved populations including commercial sexual exploitation of children, sexual assault victims from cold hit/DNA cases, immigrant victims, urban youth, and victims in the LGBTQ community, as well as victims with disabilities such as deaf and hard of hearing. The Alameda County District Attorney’s Office has been bridging the gap between law enforcement and the community and building the community’s trust in the Criminal Justice System; and
WHEREAS, National Crime Victims’ Rights Week, April 23-29, 2023, provides an opportunity to celebrate the energy, creativity and commitment that launched the victims’ rights movement, inspired its progress, and continues to advance the cause of justice for crime victims.
City Council/RSA Agenda 28 Tuesday, April 11, 2023
NOW, THEREFORE, this City Council of the City of Union City, County of Alameda, State of California does hereby proclaim April 23-29, 2023 to be Alameda County Victims’ Rights Week and reaffirms the commitment to respect and enforce victims’ rights and addressing their needs during Victims’ Rights Weeks and throughout the year; and express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force to improve the response to victims of crime and build a more just community.
DATED this 11th day of April 2023
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
GARY SINGH, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 29 Tuesday, April 11, 2023
Agenda Item
ATTACHMENTS:
Description Type
Draft Min - Sp 03142023 Attachment
Draft Min - 03142023 Attachment
City Council/RSA Agenda 30 Tuesday, April 11, 2023
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, March 14, 2023
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:02 p.m.
Roll Call Present: Councilmembers Patiño, Sakakihara,
Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS - None
3. CLOSED SESSION
3.a. Conference With Labor Negotiators
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:
Lisa Achen, Interim Human Resources Director
Charles Flescher, IEDA Representative
For Unrepresented Employees:
Kristopher J. Kokotaylo, City Attorney
Employee organization:
Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Unrepresented employees:
City Council/RSA Agenda 31 Tuesday, April 11, 2023
Employees subject to the Compensation and Benefit Plan
for Unrepresented Employees
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:30 p.m. with no reportable action.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 32 Tuesday, April 11, 2023
MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, March 14, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.
1.a. Pledge of Allegiance – Mayor Dutra-Vernaci led the salute to the flag.
1.b. Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation Declaring March As Women's History Month And March 8, 2023 As International Women's Day.
Mayor Dutra-Vernaci read the proclamation aloud. Proclamation accepted by Cathie Kelly.
3.b. Proclamation In Support of Ukraine Amidst Ongoing Tensions on the One Year Anniversary of Russia’s Invasion of Ukraine
Mayor Dutra-Vernaci read the proclamation aloud. Proclamations accepted by Igor Tregub, Senior Policy Advisor at California Solar and Storage Association.
4. ORAL COMMUNICATIONS
Public comment provided by Wynn Grcich.
City Council/RSA Agenda 33 Tuesday, April 11, 2023
5. CONSENT CALENDAR
It was moved by Vice Mayor Singh and seconded by Councilmember Wang to approve consent calendar items 5.a. to 5.d. The motion was carried by a unanimous roll call vote.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approved The Minutes Of The City Council Meeting Held On February 28, 2023
5.c. Adopted Resolution No. 6093-23 Canceling The Regular City Council Meeting Of March 28, 2023
5.d. Adopted Resolution No. 6094-23 Accepting The Supplement No. 2 To The Metropolitan Transportation Commission (MTC) Master Funding Agreement, In The Amount Of $60,000, To Fund Design Review For The Union City Intermodal Rail Station Option Project, City Project No. 23-14, And Increasing Revenue Projections In The Capital Projects Fund By $60,000 And Appropriating $60,000 To The Capital Projects Fund
6. PUBLIC HEARINGS
6.a. Waive The Second Reading, Hold A Public Hearing And Adopt An Ordinance For Zoning Text Amendment, AT-23-001, Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline Review Processes For Outdoor Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental Quality (CEQA) Act Guidelines Section 15061(B)(3), The General Exemption For Projects With No Potential For A Significant Effect On The Environment
Brandon DeLucas presented the staff report and responded to questions from Council.
Mayor Dutra-Vernaci opened the public hearing.
Public comment was given by Wendy Huang.
Mayor Dutra-Vernaci closed the public hearing. Councilmembers provided additional comment.
It was moved by Vice Mayor Singh and seconded by Councilmember Patiño to adopt Ordinance No. 912-23 For Zoning Text Amendment, AT-23-001, Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline Review Processes For Outdoor Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental Quality (CEQA) Act Guidelines Section 15061(B)(3), The General Exemption City Council/RSA Agenda 34 Tuesday, April 11, 2023
For Projects With No Potential For A Significant Effect On The Environment.
The motion was carried by a unanimous roll call vote.
7. CITY MANAGER REPORTS
7.a. Adopt A Resolution Amending Resolution No. 5703-21, the Previously Adopted Council Norms
City Manager Joan Malloy presented the staff report and responded to questions from Council. Councilmembers provided comment.
Council consensus was to add the additional underlined language to the Council Norms:
4. We respect each other’s opinions and are supportive of each other’s work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
Public comment was given by Wendy Huang.
It was moved by Mayor Dutra-Vernaci and seconded by Vice Mayor Singh to adopt Resolution No. 6095-23 Amending Resolution No. 5703-21, the Previously Adopted Council Norms. The motion was carried by a unanimous roll call vote.
7.b. Adopt A Resolution Awarding A Contract To MV Transportation, Inc., For The Operation And Maintenance Of Union City Transit (Fixed-Route, Paratransit, Microtransit, And Wheelchair Accessible Vehicle Services), With A Base Period Amount Not To Exceed $14,199,154, Funded With Transit (5110) And Paratransit (5120) Funds, And Authorizing The City Manager To Execute The Contract In A Form Approved By The City Attorney
Vice Mayor Singh announced that under the Political Reform Act, he had a conflict of interest due to source of income interest in MV Transportation, Inc. and remote interest pursuant to Government Code section 1091 due to lease agreement with MV Transportation, Inc. Vice Mayor Singh left the Council Chamber.
Union City Transit Manager Steve Adams presented the staff report and responded to questions from Council. Councilmembers provided comment.
Public comment was given by Wendy Huang.
It was moved by Councilmember Patiño and seconded by Councilmember Sakakihara to adopt Resolution No. 6096-23 Awarding A Contract To MV Transportation, Inc., For The Operation And Maintenance Of Union City Transit (Fixed-Route, Paratransit, Microtransit, And Wheelchair Accessible Vehicle Services), With A Base Period Amount Not To Exceed $14,199,154, Funded With Transit (5110) And Paratransit (5120) Funds, And Authorizing The City Manager To Execute The Contract In A Form City Council/RSA Agenda 35 Tuesday, April 11, 2023
Approved By The City Attorney. The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, Wang, Mayor DutraVernaci NOES: None
ABSENT: Vice Mayor Singh
ABSTAIN: None
Vice Mayor Singh returned to the dais.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
Councilmember Wang reported on his attendance of the following meetings:
- Joint City Council/School District subcommittee meeting - Union City Youth Commission meeting
- StopWaste Programs and Administration Committee meeting Vice Mayor Singh reported on his attendance of a meeting of the Alameda County Library Commission.
Councilmember Sakakihara reported on his attendance of the following meetings:
- Joint City Council/School District subcommittee meeting - Housing Authority of the County of Alameda meeting
- Union City Parks and Recreation Commission meeting
- Union City Audit Subcommittee meeting
Councilmember Patiño reported on his attendance of the following meetings:
- East Bay Community Energy (“EBCE”) Board meetings
- EBCE ad-hoc committee meetings
- Will attend League of California Cities legislative briefing to be held on March 15 Mayor Dutra-Vernaci reported on her attendance of a meeting of the Metropolitan Transportation Committee.
13. GOOD OF THE ORDER
Vice Mayor Singh requested an update on the City’s homelessness committee.
City Manager Malloy and Deputy City Manager Jennifer Phan provided a brief summary of the committees’ status and recent efforts. A larger public forum on the issue was anticipated for summer.
Councilmember Wang reported on a tour he did of Union Sanitary District.
Councilmember Sakakihara reported on a meeting he had with representatives from Republic Services.
City Council/RSA Agenda 36 Tuesday, April 11, 2023
Councilmember Patiño asked when the Economic Community Development Advisory Team would next meet.
Economic and Community Development Director Carmela Campbell stated the next meeting will occur on Thursday, March 16 and summarized the meeting’s agenda.
Councilmember Patiño reported on his attendance of the funeral of former Union City Mayor, Dick Oliver.
Mayor Dutra-Vernaci reported on a letter she received from a consulting company conducting four weeks of field work as part of an ongoing environmental investigation in the area where the McKesson company operated a chemical distribution and repackaging facility from 1971 to 1986, 33950 Seventh Street, under the oversight of the San Francisco Regional Water Quality Control Board.
Mayor Dutra-Vernaci also reported on public notice from the California Department of Toxic Substances Control (“DTSC”) regarding a remote public meeting for a draft Remedial Action Plan review to be held on March 22, 2023 and a public comment period from March 7 to April 5, 2023.
Mayor Dutra-Vernaci reported on a notice from FEMA regarding the National Flood Insurance Program.
14. CLOSED SESSION - None
15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:05 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 37 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO COMPLETE AND SUBMIT CAL OES FORM 130
DESIGNATING THE CITY MANAGER, DEPUTY CITY MANAGER, AND
FINANCE DIRECTOR AS AUTHORIZED AGENTS FOR THE CITY OF
UNION CITY
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager and City Clerk to complete and submit the Cal OES Form 130 designating the City Manager, Deputy City Manager, and Finance Director as Authorized Agents for the City of Union City.
STRATEGIC PLAN ALIGNMENT
This report is in alignment with the following City Council priority:
Goal C: Economic, Community Development and Public Safety Strategy 12: Provide employee training for emergency preparedness and conduct disaster response drill.
BACKGROUND
Cal OES Form 130, otherwise referred to as the "Designation of Applicant's Agent Resolution”, authorizes a public entity to submit applications for the purpose of obtaining all applicable state and federal financial assistance, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 and the California Disaster Assistance Act. An updated form is required to meet Cal OES requirements for reimbursement purposes and is required to be submitted every three (3) years.
The proposed action is a standard procedure where the City Council designates authority to certain City officials for such purpose of obtaining state and federal financial assistance where applicable. Should City Council approve the attached resolution, the City Manager and the City Clerk will complete the Cal OES City Council/RSA Agenda 38 Tuesday, April 11, 2023
Form 130 designating the City Manager, Deputy City Manager, and Finance Director as Authorized Agents for the City of Union City and file this form with Cal OES.
DISCUSSION
The early winter storms that occurred on December 27, 2022 through January 31, 2023 resulted in damages and local expenses for the City of Union City. On January 4, 2023, the Governor proclaimed a State of Emergency throughout the State of California due to the extreme conditions of the winter storms. This was followed by the Alameda County Office of Emergency Management declaring a localemergency on January 6, 2023 given the extensive damage throughout Alameda County.
The State of California then received a Major Disaster Declaration on January 14, 2023 from President Joseph R. Biden, Jr. which provides for a wide range of federal assistance for individuals and public infrastructure.
Alameda County and the City of Union City were included in this declaration making the City of Union City eligible to apply for FEMA Public Assistance funding to support the storm response and recovery efforts.
In order to preserve the City’s ability to submit for reimbursement of time, materials, and other resources expended in response to events such as the winter storms, City staff recommends that the City Council adopt the attached resolution. Once adopted, the resolution and Cal OES Form 130 will be transmitted to Cal OES.
FISCAL IMPACT
There is no fiscal impact of adopting this resolution.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager and City Clerk to complete and submit the Cal OES Form 130 designating the City Manager, Deputy City Manager, and Finance Director as Authorized Agents for the City of Union City.
Prepared by:
Ricardo Martinez, Emergency Services Coordinator
Submitted by:
Jennifer Phan, Deputy City Manager
ATTACHMENTS:
Description Type
Attachment 1 - Resolution Resolution
Attachment 2 - Cal OES Form130 Attachment
City Council/RSA Agenda 39 Tuesday, April 11, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO COMPLETE AND SUBMIT CAL OES FORM 130 DESIGNATING THE CITY MANAGER, DEPUTY CITY
MANAGER, AND FINANCE DIRECTOR AS AUTHORIZED AGENDS FOR THE CITY
OF UNION CITY
WHEREAS, the conditions of extreme peril were presented by winter storms that began December 2022 and continued into January 2023 causing damage and local expenses for the City of Union City; and
WHEREAS, on January 4, 2023, the Governor of California proclaimed a State of Emergency to exist throughout the State of California; and WHEREAS, on January 6, 2023, Alameda County Office of Emergency Services declared a local emergency in the County of Alameda due to the extensive damages throughout the County; and
WHEREAS, the City of Union City has expended considerable resources responding to the winter storms, including staff time and materials to support the storm response and recovery events; and
WHEREAS, funding may be available from the State of California and/or Federal Government to help reimburse the City for costs it has incurred responding and to mitigate some of the financial impact caused by the winter storms; and WHEREAS, the California Office of Emergency Services (Cal OES) requires documentation of Form 130, otherwise referred to as the "Designation of Applicant's Agent Resolution”, ensures local jurisdictions can meet state and federal eligibility requirements pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 and the California Disaster Assistance Act; and
WHEREAS, Cal OES Form 130 designates authority to certain City officials for such purpose of obtaining state and federal financial assistance where applicable; and WHEREAS, the City Council desires to authorize the City to apply for any funding available related to response and recovery efforts such as those from the recent winter storm events or any other locally declared emergency.
City Council/RSA Agenda 40 Tuesday, April 11, 2023
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The above recitals are true and correct and incorporated herein.
2. The City Manager is authorized to apply to the Office of Emergency Services for the purpose of obtaining federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. This authorization shall last for a period of three years. The City Manager and City Clerk are authorized to complete the CAL OES Form 130 – Designation of Applicant’s Agent Resolution for Non-State Agencies to designate, by title, the City Manager, Deputy City Manager, and Finance Director as Authorized Agents, and to file the form with the Office of Emergency Services.
3. If the City Manager is unavailable to sign any applications authorized by this Resolution, the Finance Director is authorized to sign such applications.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________________
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____________________ _____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 41 Tuesday, April 11, 2023
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10City Council/RSA Agenda 42 Tuesday, April 11, 2023-2022 Page 1 of 4 OES-FPD-130 Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10City Council/RSA Agenda 43 Tuesday, April 11, 2023-2022 Page 2 of 4 OES-FPD-130 Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 City Council/RSA Agenda 44 Tuesday, April 11, 2023 Page 3 of 4 Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10City Council/RSA Agenda 45 Tuesday, April 11, 2023 -2022 Page 4 of 4 OES-FPD-130 Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE CITY-WIDE LANDSCAPE & LIGHTING DISTRICT NO. 3 FOR FISCALYEAR 2023/24
Staff recommends that the City Council adopt the attached resolution initiating proceedings for the levy and collection of assessments for the Citywide Landscape & Lighting District No. 3 (LLAD No. 3) for Fiscal Year 2023/24.
STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.
BACKGROUND
In accordance with the Landscape and Lighting Act of 1972 and the California Government Code, the City Council is required to conduct a public hearing process regarding the levy of annualassessments for LLAD No. 3 for the upcoming fiscal year. As part of the three-step process, the City Council must: 1) initiate proceedings and direct the preparation of an Engineer’s Report; 2) subsequently hold a meeting to declare its intent to levy the assessments, accept the annual Engineer's Report, and set a public hearing; and 3) conduct a public hearing and confirm and levy the assessments.
DISCUSSION
The services provided through LLAD No. 3 consist of street lighting and signalization, street median and backup landscape maintenance, street tree management, and parks maintenance within the city limits of Union City.
The City’s consultant, NBS, will prepare the annual Engineer’s Report, calculate the levy amounts and prepare the assessment roll for the 2023/24 fiscal year. Following preparation of the Engineer’s Report, staff will return to Council at the City Council meeting on May 23, 2023 for the Council to approve the report and set a public hearing date. The City Council will subsequently hold a public hearing to consider any objections and whether to City Council/RSA Agenda 46 Tuesday, April 11, 2023
approve the annualassessments for LLAD No. 3.
FISCAL IMPACT
There is no fiscal impact for the requested Council action to initiate the proceedings for the levy and collection of said LLAD No. 3 assessments.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution initiating proceedings for the levy and collection of assessments for the Citywide Landscape & Lighting District No. 3 (LLAD No. 3) for Fiscal Year 2023/24.
Prepared by:
Farooq Azim, City Engineer
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution Resolution
City Council/RSA Agenda 47 Tuesday, April 11, 2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE CITY-WIDE LANDSCAPE & LIGHTING DISTRICT NO. 3 FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of Union City intends to renew the city-wide Landscape & Lighting District No. 3 (LLAD No. 3) to fund on-going maintenance of street lights and traffic signals, street median and landscape, street trees, and parks within the city limits of Union City; and
WHEREAS, the City Council of the City of Union City previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15, of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape & Lighting District No. 3 (the “District”); and WHEREAS, the City has retained NBS to prepare the annual Engineer’s Report, calculate the levy, and to prepare the assessment roll for the 2023/24 fiscal year; and WHEREAS, the City Council of the City of Union City wishes to initiate proceedings for the levy of assessments for Fiscal Year 2023/24 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the District.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL AS FOLLOWS:
1. Annual Report: The City Council of the City of Union City hereby orders NBS to prepare and file with the City Clerk the annual Engineer’s Report concerning the levy and collection of assessments within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items added to the list of improvements previously approved at the formation or subsequent annexations to the District.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on April 11, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Carol Dutra-Vernaci
Mayor
City Council/RSA Agenda 48 Tuesday, April 11, 2023
ATTESTED: APPROVED AS TO FORM:
__________________________________ ________________________________ Anna M. Brown Kristopher J. Kokotaylo
City Clerk City Attorney
City Council/RSA Agenda 49 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A PRE-QUALIFIED ON-CALL LIST OF
CONSULTANTS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES
IN THE AREAS OF ELECTRICAL ENGINEERING DESIGN, LANDSCAPE
ARCHITECTURAL DESIGN, AND TRAFFIC AND TRANSPORTATION
ENGINEERING DESIGN
Staff recommends that City Council adopt a resolution to approve a pre-qualified list of on-call consultants (Attachment A) to provide as-needed, professionalengineering support services.
STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan goals.
BACKGROUND
The City periodically relies upon consultant services to provide expertise in the areas of electrical engineering design, landscape architectural design, and traffic and transportation engineering design. In the past, these services were solicited on a project-by-project basis, which is time-consuming and creates an additional workload burden for Engineering Division staff that is already limited in its capacity due to the volume of work and vacant position.
Establishing a pre-qualified, on-call list of professional staff resources will help expedite project delivery by avoiding repeated solicitations of qualifications and reviews of proposals.
DISCUSSION
Several Requests for Qualifications (RFQ) for On-Call Professional Consulting Services were issued on December 8, 2022 (Attachment B) for each of the following:
Electrical Engineering Design
Landscape Architectural Design
Traffic and Transportation Engineering Design
City Council/RSA Agenda 50 Tuesday, April 11, 2023
The RFQs were posted online and were made available to download from the City’s website.
Thirty-four (34) firms submitted a Statement of Qualifications (SOQ) for consideration. Staff reviewed the qualifications and deemed all to have met the minimum threshold for future consideration and is recommending that they all be placed on the on-call list.
As a specific need for engineering services is identified, the Public Works Department will either review the qualifications from the RFQ to determine the most qualified consultant, or will make a request to the on-call consultants to prepare a project-specific proposal in the form of a letter proposal, which will allow the City to further evaluate a firm's approach and availability of personnel to complete the specific project or task. Consultants will be asked to submit a cost estimate for the requested services along with their letter proposal, in a separately sealed envelope. Based upon the dollar value thresholds in the City's procurement ordinance, negotiated professional services agreements (Attachment C) with the selected consultants may require City Council approval, and as such, there is no guarantee, either expressed or implied, that firms which submit letter proposals will be awarded a contract.
The pre-qualified on-call list of consultants shall remain active for a term of three years and shall terminate on June 30, 2026. The City reserves the right to extend the term of the on-call list or terminate it at any time at the City’s convenience.
FISCAL IMPACT
There is no budget or cost impact to establishing an on-call list, as this does not obligate the City to hire the firms for assignments or task orders. Future costs for professional services will be defined in individual task orders and funded by the specific project budget as needed. Professional services agreements in excess of $75,000 will be presented to the City Council for consideration.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve a list of prequalified consultants, identified in Attachment A, for the service category or categories indicated.
Prepared by:
Jose Gutierrez, Supervising Construction Inspector
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - RFQs Attachment
Resolution - On-Call Engineering Services Resolution
Exhibit A - List of On-Call Engineering Services Exhibit City Council/RSA Agenda 51 Tuesday, April 11, 2023
REQUEST FOR QUALIFICATIONS
On-Call Professional Consulting Services for:
Electrical Engineering Design and Consulting Services
RFQ DUE ON: Thursday, January 19, 2023, at 5:00pm
Attn:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
City Council/RSA Agenda 52 Tuesday, April 11, 2023
INTRODUCTION
The City of Union City, located in Alameda County, California is requesting proposals from qualified firms or individuals to provide on-call electrical engineering professional services under a master agreement to support the efforts of the City’s Engineering Division.
City’s Public Works Department is responsible for designing, reviewing, constructing and maintaining the City’s infrastructure. The Department consists of Engineering, Maintenance and Transit Divisions.
Currently, engineering projects are overseen by both in-house engineers, inspectors and with contract consulting engineers. At times, it may be necessary to further augment City staff with professional services provided by consultants, depending upon workload and scheduling needs.
City is requesting RFQ for the following category:
• Electrical Engineering Design & Consulting Services (3 to 7 firms) The City will execute contractual services agreements for this category. Such agreements shall remain valid for three years with an option to extend the contract term, on an annual basis, for up to two additional years thereafter.
ANTICIPATED SCHEDULE
RFQ Issued: December 13, 2022
Due Date: January 19, 2023, at 5:00 PM
SCOPE OF WORK
On-call services include work related to the design and construction administration of City’s Capital Improvements Program (CIP) along with miscellaneous internal programs, project management and development review. As the specific project needs arise, work will be requested on an as-needed basis. For each on-call service request, the consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so.
Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements.
A representative overview of potential tasks by on-call service category is provided below. This list is not comprehensive as other assignments may arise based upon workload demands and staff needs:
Electrical Engineering Design Services:
• Prepare site improvement plans, including but not limited to electrical drawings, underground utilities, pavement restoration, site lighting/electrical, site surveying, field investigation, as-built review (if available), including design details, cost estimates, working drawings, construction documents, specifications, and bid documents, as needed, for new City Council/RSA Agenda 53 Tuesday, April 11, 2023
infrastructure, upgrades to existing facilities, or general aesthetic improvements to City facilities. Possible future projects include the design of Electric Vehicle (EV) charging stations/infrastructure and installation/replacement of emergency back-up generators at various City facilities.
• Notify each utility company affected by the proposed improvements. Request plans for any existing improvements, prior rights information and, if required, an estimate and schedule from each utility of any required relocation.
• Provide assistance with permitting, environmental and grant compliance when applicable.
Electrical Consulting Services:
• Providing construction guidance and/or construction management services, value engineering and advice on projects that will be constructed in phases. • Provide bidding support, which may include responding to questions from potential bidders, attending a pre-bid meeting and job walk and assisting with preparation of addenda, if necessary.
• Make site visits during the construction phase, review material submittals, shop drawings, test results and respond to RFIs for City CIP projects. • Prepare documentation, assist in warranty review, participate in project closeout, and provide as-built record drawings as needed.
• Cooperating, coordinating, and communicating with all internal City departments and divisions as necessary.
RFQ CONTENT
Submittals should demonstrate an understanding of the City’s scope of work objectives. Developing the submittal is the consultant’s responsibility and the City shall not bear any costs associated with its preparation. The submittal shall be limited to 15 single sided pages. Resumes and page dividers shall not count towards the page limit. The submittal should not include promotional material and shall be brief, precise, and organized as follows:
Section 1: Front Cover
Identify the on-call service category the submittal pertains to. Include the date, firm name, and on call service category.
Section 2: Cover Letter
Include the firm’s or individual’s name, address, telephone number, email, on-call service category the submittal pertains to, a single point of contact for the RFQ process, a general introduction of the firm or individual, with a brief summary of qualifications and areas of expertise.
City Council/RSA Agenda 54 Tuesday, April 11, 2023
Section 3: Firm Qualifications
Include a description of the firm (or individual), type of ownership, size of the firm, number of years in business, information relating to the general approach to the work to be performed and a list of projects or clients served demonstrating why the firm is best qualified to provide on-call services.
Include relevant project or client information including timeframe, milestones, cost, role and staff involved.
As of the submission deadline, the consultant shall be registered with the appropriate licensing State agency and be in good standing.
Section 4: Key Personnel
Identify key personnel for service to be provided, include project managers or other personnel that would interact with City staff or the public, include resumes of the key personnel and their experience on relevant projects and contracts.
Section 5: Rates
Include an hourly rate schedule for key personnel. Rates may be renewed on a yearly basis pursuant to the San Francisco Bay Area Consumer Price Index. List any direct or indirect charges anticipated for providing services.
Section 6: Availability
Include the percentage of time key personnel are available for on-call services and projects.
Section 7: References
List up to five people whom City staff may contact for references regarding the past performance of the firm. Include the reference’s name, email and phone number.
Section 8: Disclosures and Exceptions to City Standard Agreement List any potential conflicts of interest and any litigations that the firm may currently be engaged in. List any requested changes to the City’s standard contract, which will need to be reviewed and agreed upon by the City Attorney. Contractually required insurance coverage and endorsement information is shown in the attached agreement (Exhibit A).
City Council/RSA Agenda 55 Tuesday, April 11, 2023
DELIVERY
To be considered, qualifications must be submitted no later than January 19, 2023, by 5:00 PM. If submittals for several services or categories are being made by a firm, all such service categories shall be on individual pdf proposals but may be included in a single email. Also, include ‘RFQ – Electrical Engineering Design and Consulting’ in the subject line. This will ensure that all proposals are received collectively and are not lost. Please submit one electronic pdf via e-mail to the email below:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
Anticipated Schedule
Date Description
December 13, 2022 RFQ issued
January 13, 2023 Requests for Clarifications Due
January 19, 2023 RFQ Due
January 30- Feb. 03, 2023 Interview firms (may be conducted if deemed necessary) February 10, 2023 Final Selection of firms
REVIEW
All submittals received by the specified deadline will be reviewed by the City for content, completeness, and experience. After those firms deemed the most qualified are selected, further evaluation and interviews of the selected firms may be conducted as part of the final selection process.
However, the City reserves the right to complete the selection process without proceeding to an interview phase and may choose to select the consultants based solely upon information supplied in the proposers’ submittals. City may elect to interview the selected responders to a specific project to better understand their expertise for the specific project prior to awarding the project contract.
The following criteria will be used to evaluate responses to this RFQ:
• Responsiveness to the RFQ, breadth and depth of response. • Reputation of the company, its subcontractors and key personnel. • Satisfaction of prior and current clients (references). • Experience related to project responsibilities per scope of work and on-call service category City Council/RSA Agenda 56 Tuesday, April 11, 2023
ADDITIONAL INFORMATION
This Request for Qualifications, supporting attachments and any addendum that may be issued are available for download from the City’s webpage: https://www.unioncity.org/Bids.aspx Any information provided in response to questions raised shall be uploaded to the City’s website as an addendum. A “plan holders list” is not being maintained so it is the responsibility of the consultant to review the City’s website or contact the City’s representative to determine the existence of any addenda.
For additional questions, please contact Jose Gutierrez at (510) 675-5302 or preferably via email at [email protected].
Note: Please visit the City’s website periodically to see if any addendums have been issued. A copy of the City’s standard contractual services agreement is located on the City’s website next to this RFQ for reference.
City Council/RSA Agenda 57 Tuesday, April 11, 2023
Exhibit A
Sample Consulting Services Agreement
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
CONSULTANT
FOR PURPOSE,
CITY PROJECT NO. XX-XX
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Consultant, a corporation / limited liability company / sole proprietor, with offices located at Address, (“Consultant”), (together referred to as the “Parties”) as of Month & Day, 20XX (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on Month & Day,20XX, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
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1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Write Amount Dollars ($ ), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; City Council/RSA Agenda 59 Tuesday, April 11, 2023
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• The Consultant’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice City Council/RSA Agenda 60 Tuesday, April 11, 2023
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of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
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volunteers for loss arising from
work performed under this
Agreement.
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves City Council/RSA Agenda 63 Tuesday, April 11, 2023
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the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory City Council/RSA Agenda 64 Tuesday, April 11, 2023
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to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to City Council/RSA Agenda 65 Tuesday, April 11, 2023
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any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; City Council/RSA Agenda 68 Tuesday, April 11, 2023
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services City Council/RSA Agenda 70 Tuesday, April 11, 2023
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performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Staff Name and Title ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.
Name (UC)
Title
Organization
Address
City, State, Zip
email
10.10 Notices. Any written notice to Consultant shall be sent to:
Name (Consultant)
Title
Organization
Address
City, State, Zip
email
All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for City Council/RSA Agenda 71 Tuesday, April 11, 2023
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the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
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Consulting Services Agreement between
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The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY CONSULTANT
______________________________ ______________________________
JOAN MALLOY, CITY MANAGER NAME, TITLE
ATTEST:
______________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
City Council/RSA Agenda 73 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 17 of 21
EXHIBIT A
SCOPE OF SERVICES
.
City Council/RSA Agenda 74 Tuesday, April 11, 2023
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City of Union City and Consultant Page 18 of 21
EXHIBIT B
COMPENSATION SCHEDULE
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EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
City Council/RSA Agenda 76 Tuesday, April 11, 2023
Consulting Services Agreement between
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B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in City Council/RSA Agenda 77 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 21 of 21
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
City Council/RSA Agenda 78 Tuesday, April 11, 2023
REQUEST FOR QUALIFICATIONS
On-Call Professional Consulting Services for:
Landscape Architectural Design and Consulting Services
RFQ DUE ON: Thursday, January 19, 2023, at 5:00pm
Attn:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
City Council/RSA Agenda 79 Tuesday, April 11, 2023
INTRODUCTION
The City of Union City, located in Alameda County, California is requesting proposals from qualified firms or individuals to provide on-call landscape architectural professional services under a master agreement to support the efforts of the City’s Engineering Division.
City’s Public Works Department is responsible for designing, reviewing, constructing, and maintaining the City’s infrastructure. The Department consists of Engineering, Maintenance and Transit Divisions.
Currently, engineering projects are overseen by both in-house engineers, inspectors and with contract consulting engineers. At times, it may be necessary to further augment City staff with professional services provided by consultants, depending upon workload and scheduling needs.
City is requesting RFQ for the following category:
• Landscape Architectural Design & Consulting Services. (3 to7 firms) The City will execute contractual services agreements for this category. Such agreements shall remain valid for three years with an option to extend the contract term, on an annual basis, for up to two additional years thereafter.
ANTICIPATED SCHEDULE
RFQ Issued: December 13, 2022
Due Date: January 19, 2023, at 5:00 PM
SCOPE OF WORK
On-call services include work related to the design and construction administration of City’s Capital Improvements Program (CIP) along with miscellaneous internal programs, project management and development review. As the specific project needs arise, work will be requested on an as-needed basis. For each on-call service request, the consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms in its sole discretion when the City believes there will be an economic or other significant advantage for doing so.
Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements.
A representative overview of potential tasks by on-call service category is provided below. This list is not comprehensive as other assignments may arise based upon workload demands and staff needs:
Landscape Design Services:
• Prepare site improvement plans, including but not limited to landscape irrigation drawings, grading, planting, site lighting/electrical, field investigation, as-built review (if available), including design details, cost estimates, working drawings, construction documents, City Council/RSA Agenda 80 Tuesday, April 11, 2023
specifications, and bid documents, as needed, for new infrastructure, upgrades to existing infrastructure, or general aesthetic improvements to City facilities. • Preparing conceptual drawings, plans and renderings as may be requested by the City for projects being contemplated or visioning sessions with the community. • Preparing feasibility studies, preliminary documents, for new, renovation, and alteration projects, such as park playground areas, dog parks, tennis courts, basketball courts, baseball fields, soccer fields, picnic areas and trailheads to name a few. Consider aesthetics, function, using native plant species, maintenance requirements, and amenities. • Cooperating, coordinating, and communicating with all internal City departments as well as outside agencies as needed.
• Attending meetings and preparing presentations for staff reports to City advisory board, commissions, and the City Council as warranted or directed by the Public Works Director or his/her designee.
• Provide maps and mapping services as requested
Landscape Consulting Services:
• Providing construction advisement and/or construction management services, value engineering and advice on projects that will be constructed in phases. • Make site visits during the construction phase, review material submittals, shop drawings, test results and respond to RFIs for City CIP projects. • Prepare documentation, assist in warranty review, participate in project closeout, and provide as-built record drawings as needed.
• Cooperating, coordinating, and communicating with all internal City departments and divisions as necessary. Coordinate meeting
• Review Landscape Improvement Plans for compliance with the City of Union City Improvement Standards, master plans, and general plan.
• Review, redline and/or approve Landscape Irrigation Details and Specifications. Landscape Planting Details and Specifications
• Prepare or review Arborist Reports submitted by developers.
RFQ CONTENT
Submittals should demonstrate an understanding of the City’s scope of work objectives. Developing the submittal is the consultant’s responsibility and the City shall not bear any costs associated with its preparation. The submittal shall be limited to 15 single sided pages. Resumes and page dividers shall not count towards the page limit. The submittal should not include promotional material and shall be brief, precise, and organized as follows:
Section 1: Front Cover
Identify the on-call service category the submittal pertains to. Include the date, firm name, and on call service category.
City Council/RSA Agenda 81 Tuesday, April 11, 2023
Section 2: Cover Letter
Include the firm’s or individual’s name, address, telephone number, email, on-call service category the submittal pertains to, a single point of contact for the RFQ process, a general introduction of the firm or individual, with a brief summary of qualifications and areas of expertise.
Section 3: Firm Qualifications
Include a description of the firm (or individual), type of ownership, size of the firm, number of years in business, information relating to the general approach to the work to be performed and a list of projects or clients served demonstrating why the firm is best qualified to provide on-call services.
Include relevant project or client information including timeframe, milestones, cost, role, and staff involved.
As of the submission deadline, the consultant shall be registered with the appropriate licensing State agency and be in good standing.
Section 4: Key Personnel
Identify key personnel for service to be provided, include project managers or other personnel that would interact with City staff or the public, include resumes of the key personnel and their experience on relevant projects and contracts.
Section 5: Rates
Include an hourly rate schedule for key personnel. Rates may be renewed on a yearly basis pursuant to the San Francisco Bay Area Consumer Price Index. List any direct or indirect charges anticipated for providing services.
Section 6: Availability
Include the percentage of time key personnel are available for on-call services and projects.
Section 7: References
List up to five people whom City staff may contact for references regarding the past performance of the firm. Include the reference’s name, email, and phone number.
City Council/RSA Agenda 82 Tuesday, April 11, 2023
Section 8: Disclosures and Exceptions to City Standard Agreement List any potential conflicts of interest and any litigations that the firm may currently be engaged in. List any requested changes to the City’s standard contract, which will need to be reviewed and agreed upon by the City Attorney. Contractually required insurance coverage and endorsement information is shown in the attached agreement (Exhibit A).
DELIVERY
To be considered, qualifications must be submitted no later than January 19, 2023, by 5:00 PM. If submittals for several services or categories are being made by a firm, all such service categories shall be on individual pdf proposals but may be included in a single email. Also, include ‘RFQ – Landscape Architectural Design and Consulting’ in the subject line. This will ensure that all proposals are received collectively and are not lost. Please submit one electronic pdf via e-mail to the email below:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
Anticipated Schedule
Date Description
December 13, 2022 RFQ issued
January 13, 2023 Requests for Clarifications Due
January 19, 2023 RFQ Due
January 30- Feb. 03, 2023 Interview firms (may be conducted if deemed necessary) February 10, 2023 Final Selection of firms
REVIEW
All submittals received by the specified deadline will be reviewed by the City for content, completeness, and experience. After those firms deemed the most qualified are selected, further evaluation and interviews of the selected firms may be conducted as part of the final selection process.
However, the City of Union City reserves the right to complete the selection process without proceeding to an interview phase and may choose to select the consultants based solely upon information supplied in the proposers’ submittal. City may elect to interview the selected responders to a specific project to better understand their expertise for the specific project prior to awarding the project contract.
City Council/RSA Agenda 83 Tuesday, April 11, 2023
The following criteria will be used to evaluate responses to this RFQ:
• Responsiveness to the RFQ, breadth and depth of response. • Reputation of the company, its subcontractors, and key personnel. • Satisfaction of prior and current clients (references). • Experience related to project responsibilities per scope of work and on-call service category
ADDITIONAL INFORMATION
This Request for Qualifications, supporting attachments and any addendum that may be issued are available for download from the City’s webpage: https://www.unioncity.org/Bids.aspx Any information provided in response to questions raised shall be uploaded to the City’s website as an addendum. A “plan holders list” is not being maintained so it is the responsibility of the consultant to review the City’s website or contact the City’s representative to determine the existence of any addenda.
For additional questions, please contact Jose Gutierrez at (510) 675-5302 or preferably via email at [email protected].
Note: Please visit the City’s website periodically to see if any addendums have been issued. A copy of the City’s standard contractual services agreement is located on the City’s website next to this RFQ for reference.
City Council/RSA Agenda 84 Tuesday, April 11, 2023
Exhibit A
Sample Consulting Services Agreement
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
CONSULTANT
FOR PURPOSE,
CITY PROJECT NO. XX-XX
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Consultant, a corporation / limited liability company / sole proprietor, with offices located at Address, (“Consultant”), (together referred to as the “Parties”) as of Month & Day, 20XX (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on Month & Day,20XX, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
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1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Write Amount Dollars ($ ), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
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• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
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2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence City Council/RSA Agenda 88 Tuesday, April 11, 2023
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work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet City Council/RSA Agenda 89 Tuesday, April 11, 2023
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those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement.
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
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d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of City Council/RSA Agenda 91 Tuesday, April 11, 2023
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Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s City Council/RSA Agenda 92 Tuesday, April 11, 2023
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performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but City Council/RSA Agenda 93 Tuesday, April 11, 2023
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not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that City Council/RSA Agenda 94 Tuesday, April 11, 2023
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are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant City Council/RSA Agenda 97 Tuesday, April 11, 2023
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in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Staff Name and Title ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.
Name (UC)
Title
Organization
Address
City, State, Zip
email
10.10 Notices. Any written notice to Consultant shall be sent to:
Name (Consultant)
Title
Organization
Address
City, State, Zip
email
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All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY CONSULTANT
______________________________ ______________________________
JOAN MALLOY, CITY MANAGER NAME, TITLE
ATTEST:
______________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
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EXHIBIT A
SCOPE OF SERVICES
.
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EXHIBIT B
COMPENSATION SCHEDULE
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EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
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B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in City Council/RSA Agenda 104 Tuesday, April 11, 2023
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Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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REQUEST FOR QUALIFICATIONS
On-Call Professional Consulting Services for:
Traffic & Transportation Engineering Design and Consulting Services RFQ DUE ON: Thursday, January 19, 2023, at 5:00pm
Attn:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
City Council/RSA Agenda 106 Tuesday, April 11, 2023
INTRODUCTION
The City of Union City, located in Alameda County, California is requesting proposals from qualified firms or individuals to provide on-call traffic and transportation engineer design and professional services under a master agreement to support the efforts of the City’s Engineering Division.
City’s Public Works Department is responsible for designing, reviewing, constructing, and maintaining the City’s infrastructure. The Department consists of Engineering, Maintenance and Transit Divisions.
Currently, engineering projects are overseen by both in-house engineers, inspectors and with contract consulting engineers. At times it may be necessary to further augment City staff with professional services provided by consultants, depending upon workload and scheduling needs.
City is requesting RFQ for the following category:
• Traffic & Transportation Engineering Design & Consulting. (3 to7 firms) The City will execute contractual services agreements for this category. Such agreements shall remain valid for three years with an option to extend the contract term, on an annual basis, for up to two additional years thereafter.
ANTICIPATED SCHEDULE
RFQ Issued: December 13, 2022
Due Date: January 19, 2023, at 5:00 PM
SCOPE OF WORK
On-call services include work related to the design and construction administration of City’s Capital Improvements Program (CIP) along with miscellaneous internal programs, project management and development review. As the specific project needs arise, work will be requested on an as-needed basis. For each on-call service request, the consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so.
Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements.
A representative overview of potential tasks by on-call service category is provided below. This list is not comprehensive as other assignments may arise based upon workload demands and staff needs:
Traffic Engineering Design Services:
• Perform peer-review of traffic studies, such as those prepared by other traffic engineering firms.
• Prepare traffic signal replacement designs to include wheelchair ramp upgrades associated to the upgraded signals. Prepare plans, including design details, field investigations, as-built City Council/RSA Agenda 107 Tuesday, April 11, 2023
review (if available), cost estimates, working drawings, construction documents, specifications, and bid documents, as needed, for the signal upgrades. • Prepare traffic/bicyclist/pedestrian safety analysis, prepare traffic impact study reports, perform transportation demand modeling, review and recommend adjustment to traffic signal timing plans, prepare Vehicle Miles Traveled (VMT) analysis and recommendations, and provide warrant analysis for traffic signals and stop signs. • Prepare conceptual drawings, plans and renderings as may be requested by the City for projects being contemplated or visioning sessions with the community. • Cooperate, coordinate, and communicate with all internal City departments as well as outside agencies as needed.
• Attend meetings and prepare presentations for staff reports for City advisory board, commissions, and the City Council as warranted or directed by the Public Works Director or his/her designee.
Traffic Engineering Consulting Services:
• Providing construction advisement and/or construction management services, value engineering and advice on projects that will be constructed in phases. • Make site visits during the construction phase, review material submittals, shop drawings, test results and respond to RFIs for City CIP projects. • Prepare documentation, assist in warranty review, participate in project closeout, and provide as-built record drawings as needed.
• Review Traffic Signal Improvement Plans for compliance with the City of Union City Improvement Standards, master plans, and general plan.
RFQ CONTENT
Submittals should demonstrate an understanding of the City’s scope of work objectives. Developing the submittal is the consultant’s responsibility and the City shall not bear any costs associated with its preparation. The submittal shall be limited to 15 single sided pages. Resumes and page dividers shall not count towards the page limit. The submittal should not include promotional material and shall be brief, precise, and organized as follows:
Section 1: Front Cover
Identify the on-call service category the submittal pertains to. Include the date, firm name, and on call service category.
Section 2: Cover Letter
Include the firm’s or individual’s name, address, telephone number, email, on-call service category the submittal pertains to, a single point of contact for the RFQ process, a general introduction of the firm or individual, with a brief summary of qualifications and areas of expertise.
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Section 3: Firm Qualifications
Include a description of the firm (or individual), type of ownership, size of the firm, number of years in business, information relating to the general approach to the work to be performed and a list of projects or clients served demonstrating why the firm is best qualified to provide on-call services.
Include relevant project or client information including timeframe, milestones, cost, role, and staff involved.
As of the submission deadline, the consultant shall be registered with the California Secretary of State and be in good standing.
Section 4: Key Personnel
Identify key personnel for service to be provided, include project managers or other personnel that would interact with City staff or the public, include resumes of the key personnel and their experience on relevant projects and contracts.
Section 5: Rates
Include an hourly rate schedule for key personnel. Rates may be renewed on a yearly basis pursuant to the San Francisco Bay Area Consumer Price Index. List any direct or indirect charges anticipated for providing services.
Section 6: Availability
Include the percentage of time key personnel are available for on-call services and projects.
Section 7: References
List up to five people whom City staff may contact for references regarding the past performance of the firm. Include the reference’s name, email, and phone number.
Section 8: Disclosures and Exceptions to City Standard Agreement List any potential conflicts of interest and any litigations that the firm may currently be engaged in. List any requested changes to the City’s standard contract, which will need to be reviewed and agreed upon by the City Attorney. Contractually required insurance coverage and endorsement information is shown in the attached agreement (Exhibit A).
City Council/RSA Agenda 109 Tuesday, April 11, 2023
DELIVERY
To be considered, qualifications must be submitted no later than January 19, 2023, by 5:00 PM. If submittals for several services or categories are being made by a firm, all such service categories shall be on individual pdf proposals but may be included in a single email. Also, include ‘RFQ – Traffic and Transportation Design and Consulting’ in the subject line. This will ensure that all proposals are received collectively and are not lost. Please submit one electronic pdf via e-mail to the email below:
Jose Gutierrez
Public Works Department
34009 Alvarado-Niles Road
Union City, California 94587
(510) 675-5302
[email protected]
Anticipated Schedule
Date Description
December 13, 2022 RFQ issued
January 13, 2023 Requests for Clarifications Due
January 19, 2023 RFQ Due
January 30- Feb. 03, 2023 Interview firms (may be conducted if deemed necessary) February 10, 2023 Final Selection of firms
REVIEW
All submittals received by the specified deadline will be reviewed by the City for content, completeness, and experience. After those firms deemed the most qualified are selected, further evaluation and interviews of the selected firms may be conducted as part of the final selection process.
However, the City reserves the right to complete the selection process without proceeding to an interview phase and may choose to select the consultant based solely upon information supplied in the proposer’s’ submittals. City may elect to interview the selected responders to a specific project to better understand their expertise for the specific project prior to awarding the project contract.
The following criteria will be used to evaluate responses to this RFQ:
• Responsiveness to the RFQ, breadth and depth of response. • Reputation of the company, its subcontractors, and key personnel. • Satisfaction of prior and current clients (references). • Experience related to project responsibilities per scope of work and on-call service category City Council/RSA Agenda 110 Tuesday, April 11, 2023
ADDITIONAL INFORMATION
This Request for Qualifications, supporting attachments and any addendum that may be issued are available for download from the City’s webpage: https://www.unioncity.org/Bids.aspx Any information provided in response to questions raised shall be uploaded to the City’s website as an addendum. A “plan holders list” is not being maintained so it is the responsibility of the consultant to review the City’s website or contact the City’s representative to determine the existence of any addenda.
For additional questions, please contact Jose Gutierrez at (510) 675-5302 or preferably via email at [email protected].
Note: Please visit the City’s website periodically to see if any addendums have been issued. A copy of the City’s standard contractual services agreement is located on the City’s website next to this RFQ for reference.
City Council/RSA Agenda 111 Tuesday, April 11, 2023
Exhibit A
Sample Consulting Services Agreement
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
CONSULTANT
FOR PURPOSE,
CITY PROJECT NO. XX-XX
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Consultant, a corporation / limited liability company / sole proprietor, with offices located at Address, (“Consultant”), (together referred to as the “Parties”) as of Month & Day, 20XX (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on Month & Day,20XX, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
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1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Write Amount Dollars ($ ), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; City Council/RSA Agenda 113 Tuesday, April 11, 2023
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• The Consultant’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice City Council/RSA Agenda 114 Tuesday, April 11, 2023
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of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
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COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
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volunteers for loss arising from
work performed under this
Agreement.
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves City Council/RSA Agenda 117 Tuesday, April 11, 2023
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the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory City Council/RSA Agenda 118 Tuesday, April 11, 2023
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to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to City Council/RSA Agenda 119 Tuesday, April 11, 2023
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any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; City Council/RSA Agenda 122 Tuesday, April 11, 2023
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services City Council/RSA Agenda 124 Tuesday, April 11, 2023
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performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Staff Name and Title ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.
Name (UC)
Title
Organization
Address
City, State, Zip
email
10.10 Notices. Any written notice to Consultant shall be sent to:
Name (Consultant)
Title
Organization
Address
City, State, Zip
email
All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for City Council/RSA Agenda 125 Tuesday, April 11, 2023
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the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 126 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 16 of 21
The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY CONSULTANT
______________________________ ______________________________
JOAN MALLOY, CITY MANAGER NAME, TITLE
ATTEST:
______________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
City Council/RSA Agenda 127 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 17 of 21
EXHIBIT A
SCOPE OF SERVICES
.
City Council/RSA Agenda 128 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 18 of 21
EXHIBIT B
COMPENSATION SCHEDULE
City Council/RSA Agenda 129 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 19 of 21
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
City Council/RSA Agenda 130 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 20 of 21
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in City Council/RSA Agenda 131 Tuesday, April 11, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 21 of 21
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
City Council/RSA Agenda 132 Tuesday, April 11, 2023
RESOLUTION NO. xxxx-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING
A PRE-QUALIFIED ON-CALL LIST OF CONSULTANTS TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES IN THE AREAS OF ELECRICAL
ENGINEERING DESIGN, LANDSCAPE ARCHITECTURAL DESIGN, AND TRAFFIC
AND TRANSPORTATION ENGINEERING DESIGN
WHEREAS, the City’s Public Works Department periodically relies upon consultant services to provide expertise in the areas of electrical engineering design, landscape architectural design and traffic and transportation engineering design; and WHEREAS, establishing a pre-qualified on-call list of professional staff resources will help expedite project delivery by avoiding repeated solicitations of qualifications and reviews of proposals; and
WHEREAS, a Request for Qualifications (RFQ) for On-Call Professional Engineering Services was issued by the Public Works Department on December 8, 2022, and the RFQ was posted online and was made available on City’s website; and WHEREAS, thirty-four (34) firms submitted a Statement of Qualifications (SOQ) for consideration; and
WHEREAS, staff reviewed the qualifications and deemed them all to have met the minimum threshold for future consideration by placing them on the on-call list rather than ranking the individual firms; and
WHEREAS, as a specific need for engineering services is identified in the future, the Public Works Department will review the qualifications from the RFQ to rank and determine the most qualified consultant; and
WHEREAS, as an alternative, the Public Works Department may choose to make a request to the on-call consultants to prepare a project-specific proposal in the form of a letter proposal; and
WHEREAS, both options will allow the City to further evaluate a firm's approach and availability of personnel to complete the specific project or task; and WHEREAS, consultants will also be asked to submit a cost estimate for the requested services along with their letter proposal, in a separately sealed envelope; and WHEREAS, based upon the dollar value thresholds in the City's procurement ordinance, negotiated professional services agreements with the selected consultants may require City Council approval; and
City Council/RSA Agenda 133 Tuesday, April 11, 2023
Resolution No.
WHEREAS, firms have been advised that there is no guarantee, either expressed or implied, that firms which submit letter proposals will be awarded a contract; and WHEREAS, the pre-qualified on-call list of consultants shall remain active for a term of three years and shall terminate on June 30, 2026; and
WHEREAS, the City reserves the right to extend the term of the on-call list or to terminate it at any time at the City’s convenience; and WHEREAS, there is no budget or cost impact to establishing an on-call list, as this does not obligate the City to hire the firms for assignments or task orders; and WHEREAS, future costs for professional services will be defined in individual task orders and funded by the specific project budget as needed; and WHEREAS, professional services agreements in excess of $75,000 will be presented to the City Council for consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the list of pre-qualified on-call consultants identified in Exhibit A, for the categories indicated.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of April 2023, by the following vote:
City Council/RSA Agenda 134 Tuesday, April 11, 2023
City of Union City – PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
2023 LIST OF QUALIFIED ENGINEERING FIRMS
Prepared March 7, 2023
Specialization/Category Consultant
Electrical Advance Design Consultants, Inc.
Electrical Alisto Engineering Group
Electrical DKS
Electrical Kimley-Horn
Electrical Kitchell
Electrical Vektor Engineering and Consulting Services, Inc.
Electrical Yei Engineers, Inc.
Landscape Aeon Landscape Architecture, Inc.
Landscape Bionic
Landscape Callander Associates Landscape Architecture
Landscape Gates + Associates
Landscape GSM Landscape Architects, Inc.
Landscape HMH Engineers
Landscape INTEGRA Planning + Landscape Architecture
Landscape O'Dell Engineering
Landscape PGA Design
Landscape Precision Civil Engineering, Inc.
Landscape RHAA Landscape Architecture + Planning
Landscape SWA SF
Landscape Tanaka Design Group
Landscape Verde Design, Inc.
Landscape Wallace Roberts & Todd, Inc.
Traffic Bennett Engineering Services + Y&C Transportation Consultants Traffic CHS Consulting Group
Traffic Interwest Consulting Group
Traffic Iteris, Inc.
Traffic Kimley-Horn
Traffic Kittleson & Associates
Traffic Minagar & Associates, Inc.
Traffic Sandis Civil Engineers Surveyors Planners
Traffic Mott MacDonald
Traffic TJKM Transportation Consultants
Traffic Toole Design
Traffic Whitlock & Weinberger Transportation, Inc.
City Council/RSA Agenda 135 Tuesday, April 11, 2023
Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONSULTING SERVICES
AGREEMENT WITH WILLIAM R. GRAY AND COMPANY, INC., DBA
GRAY-BOWEN-SCOTT, IN THE AMOUNT OF $80,000, FOR PROGRESS
REPORTING FOR TRANSPORTATION PROJECTS, FOR A TOTAL
CONTRACT AMOUNT OF NOT TO EXCEED $544,000
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $80,000, for progress reporting for transportation projects, for a total contract amount of not to exceed $544,000.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 3: Facilitate the build out of the greater Station District Area through the construction of Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian railcrossing and sale and development of City-owned land.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation projects and programs that expand access and improve mobility to foster a vibrant and livable Alameda County. Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in Alameda County’s City Council/RSA Agenda 136 Tuesday, April 11, 2023
Transportation Expenditure Plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds.
Alameda CTC also awards and oversees the expenditure of capital grant funds to projects and programs through Project Funding Agreements (PFA) with localcities.
Union City initially had three (3) active Project Funding Agreements with Alameda CTC that require coordination and approvals from Union Pacific Railroad as noted below:
1. PFA No. A13-0058 for the BART Station Improvements/BART Pedestrian At-Grade Crossing, City Project No. 14-14, in the amount of $5,730,000. (The total project cost is $16,914,974)
2. PFA No. A18-0046 for the East West Connector (renamed Quarry Lakes Parkway), City Project No. 18-04, in the amount of $2,500,000, for Design Phases only. (The total project estimated prepared by Alameda CTC is $320M).
3. PFA No. A22-0053 for Quarry Lakes Parkway, City Project No. 18-04, in the amount of $4,200,000, for Final Design of Phases (Segments) 1 and 2 only. The project cost for Quarry Lakes Parkway, Phase 1 (7
th Street Connection) is $16.7 million and for Quarry Lakes Parkway, Phase 2 (Gateway Site Connection) is $ 20.3 million.
For BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, on July 9, 2019, the City Council adopted Resolution No. 5503-19, authorizing the City Manager to execute Public At-Grade Pedestrian Crossing Agreement with Union Pacific Railroad for the BART Pedestrian Crossing (DOT 859611R) at the Oakland Subdivision (MP 27.08) in the amount of $ 228,200 for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14. This railroad agreement addresses the proposed BART Pedestrian At-Grade Crossing on the Oakland Subdivision track, but also requires other railroad at-grade improvements, such as closure of “I” Street and Decoto Road pedestrian at-grade crossing improvements. The agreement also identifies several other railroad at-grade crossing safety improvements on the Niles Subdivision track at Decoto Road and Whipple Road, and on the Coast Subdivision at Smith Street/Tidewater Drive, totaling six (6) at-grade crossing improvements that are required as part of the new BART pedestrian at-grade crossing.
DISCUSSION
For the past three years, the City and the Consultant Team (HDR, ROMA Collaborative and RSE) have coordinated with Union Pacific Railroad (UP) on the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14 by hosting project meetings, field visits, submittal of project plans for UP review, resubmittal of project plans incorporating UP comments and meetings to discuss comments. To better track project schedule with UP projects with a focus on the BART Pedestrian At-Grade Crossing, the City began scheduling monthly check-in meetings with UP beginning on July 11, 2022, see Attachment 1 for UP Coordination Meeting presentation.
During these meetings, UP informed the City of a variety of extensive requirements such as constructing all the at-grade improvements as one project and that some of the at-grade crossing improvements will include additional project costs for upgrading railroad safety gates, installing of concrete ties and signal pre-emption that only UP staff can design, install and construct within their railroad operating right-of-way. These unforeseen requirements will impact the schedule timeframe for the project.
On November 22, 2022, the City Council adopted Resolution No. 6046-22, authorizing the City Manager to execute a Consulting Service Agreement (C5933) with Mark Thomas & Company, Inc., for the Preliminary Engineering (30% Final Design) of the East West Connector (Quarry Lakes Parkway, Phases 3 and 4) Project, City Project No. 18-04. Quarry Lakes Parkway, Phase 3 is the proposed UP railroad grade separation structure under the Niles Subdivision track and Quarry Lakes Parkway, Phase 4 is the proposed UP railroad City Council/RSA Agenda 137 Tuesday, April 11, 2023
grade separation structure under the Oakland Subdivision track, next to BART. The Consultant will be required to update the former 2011 East West Connector Structure Plans to current California Seismic Design Standards along with Union Pacific and BART Design Criteria and Standards.
For these proposed railroad grade separation structures back in 2018, the City entered into a Union Pacific Railroad Letter Agreement for Preliminary Engineering Services and Submittal of Exhibit “A” for Railroad approval for East West Connector (renamed Quarry Lakes Parkway) Grade Separation (underpass) at the Niles Subdivision (MP 27.0 – MP 27.6) and a separate Union Pacific Railroad Letter Agreement for Preliminary Engineering Services and Submittal of Exhibit “A” for Railroad approval for East West Connector (renamed Quarry Lakes Parkway) Grade Separation (underpass) at the Oakland Subdivision (MP 27.4 – MP
28.0). A Quarry Lakes Parkway Grade -Separation Kick Off Meeting with Union Pacific was held on December 20, 2022 to discuss the overall project, updating the design standards to meeting today’s criteria and to be informed about updated UP Standard, see Attachment 2- Quarry Lakes Parkway Project Presentation.
At this same meeting, UP informed staff that the City would have to prepare a Design Variance for grade separation underpass structure where the local street goes under the railroad track. UP no longer approves grade separation underpass designs because the construction disrupts freight service due to the track realignment for railroad shoofly (detour) required for the new bridge structure.
The proposed amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott (GBS), for progress reporting for transportation projects will include consultant services to provide the City with assistance to navigate the complexities and requirements of these current railroad design criteria, policies and approvals.
Amendment No. 3 to the agreement with GBS, in the requested amount of $80,000, if approved, will bring the total contract amount to $544,000, for progress reporting for transportation projects will include advice and assistance related to the required railroad agreements related to planning, design, construction and maintenance of transportation projects on the Oakland, Niles and Coast Subdivision railroad tracks in Union City and to provide a better understanding and guidance on design policies, requirements and approvals.
FISCAL IMPACT
The total cost for Amendment No. 3 to the Consultant Services Agreement with Gray-Bowen-Scott for progress reporting including advising and assisting the City with Union Pacific negotiations for required railroad approvals and agreements related to planning, design, construction and maintenance of transportation projects on the Oakland, Niles and Coast Subdivision railroad tracks in Union City for Alameda CTC-funded projects is $80,000 and will be funded with $50,000 of Public Improvement funds (Account Number 4160- 3199-91414-54110) and $30,000 of Measure BB Local Streets and Roads funds (Account Number 2545- 3199-91804-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for FiscalYear 2021- 2022 to FiscalYear 2025-2026, bringing the totalcontract amount to $544,000.
There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $80,000, for progress reporting for transportation projects, for a total contract amount of $544,000.
City Council/RSA Agenda 138 Tuesday, April 11, 2023
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - UP BART Ped At-Grrade Projects Kickoff Meeting - July 2022
Attachment
Attachment 2 - UP QLP Kickoff Meeting - December 2022 Attachment Resolution Resolution
Exhibit A - UP QLP PrelimDesign Agreement (Niles) Letter Exhibit Exhibit B- UP QLP UP PrelimDesign Agreement (Oakland) Letter Exhibit Exhibit C- UP BART PublicAt-Grade Crossing Agreement Exhibit City Council/RSA Agenda 139 Tuesday, April 11, 2023
1 Overview
1) BART Pedestrian At-Grade Crossing Project
Phase I: Ped Crossing, Decoto and I-Street Closure
Phase II: Distant Locations
Status of UP-Union City Agreement
2) CPUC Proposed At-Grade Projects (Niles Sub & Spur)
3) Alameda CTC, Railroad Safety Program (Niles Sub)
3) Quarry Lakes Parkway (former East West Connector)
4) Set Up Monthly Check- In Meetings
Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 140 Tuesday, April 11, 2023
2 NEW BART
PEDESTRIAN
AT-GRADE XING
(Oak Sub/MP 27.08)
DECOTO ROAD
PEDESTRIAN
CROSSING
IMPROVEMENTS
(Oak Sub/MP 26.20)
“I” ST. AT-GRADE
CROSSING
(CLOSURE)
Union Pacific Railroad Coordination Meeting – July 11, 2022 Pedestrian At-Grade Crossing Project Improvements [Phase I] City Council/RSA Agenda 141 Tuesday, April 11, 2023
3 Union Pacific Railroad Coordination Meeting – July 11, 2022 Distant/Remote At-Grade Crossing Projects, Exhibit G [Phase II] City Council/RSA Agenda 142 Tuesday, April 11, 2023
4 Union Pacific Railroad Coordination Meeting – July 11, 2022 Distant/Remote At-Grade Crossing Projects, Exhibit G [Phase II] City Council/RSA Agenda 143 Tuesday, April 11, 2023
5 Union Pacific Railroad Coordination Meeting – July 11, 2022 Proposed BART Pedestrian At-Grade Crossing (Oak Sub/MP 27.08) City Council/RSA Agenda 144 Tuesday, April 11, 2023
6 CPUC Highway Crossing Program
-Site Meeting on May 2022 with CPUC, UP, Caltrans
Project Locations (CPUC PID)
- Atlantic Ave/UP SPUR
- H Street/Niles
Union City Responsibilities
- Roadway Improvements
- UP Coordination
Schedule
Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 145 Tuesday, April 11, 2023
7 AlaCTC Railroad Safety Enhancement Program (Phase B)
(Niles Sub Improvements at Whipple, E, H and Decoto)
Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 146 Tuesday, April 11, 2023
8 Quarry Lakes Parkway, Phases 1-5
Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 147 Tuesday, April 11, 2023
9 Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 148 Tuesday, April 11, 2023
10 Union Pacific Railroad Coordination Meeting – July 11, 2022 City Council/RSA Agenda 149 Tuesday, April 11, 2023
11 Union Pacific Railroad Coordination Meeting – July 11, 2022
NEXT STEPS
• Set up recurring meetings (1st or 3rd Tuesdays?)
City Council/RSA Agenda 150 Tuesday, April 11, 2023
QUARRY LAKES PARKWAY (QLP)
Presentation to Union Pacific Railroad
December 20, 2022
City Council/RSA Agenda 151 Tuesday, April 11, 2023
2 • Introductions
• Project History
• Overview and Phasing
• Purpose
• Key Aspects
• QLP Phases 1-4 Storm Drain
• East West Connector (EWC) Bridge Design
• QLP Phases 3 & 4
Agenda
City Council/RSA Agenda 152 Tuesday, April 11, 2023
3 UNION CITY HISTORY (Heavy Industrial Area & UP Customers) From 1970 – 2016 (36 Years)
• PSSC Closure and Clean Up
• PG&E Corp Yard & Others Closure & Clean Up
• Caltrans’ Route 84 Corridor EIS/EIR- Feasibility Study City Council/RSA Agenda 153 Tuesday, April 11, 2023 • ACTIA/Alameda CTC East West Connector (EWC) 4 ▪ 2008 - Alameda CTC (currently is ACTC) East-West Connector (EWC) Project – Corps File No. 2008-00012
▪ 2009 - Environmental Approval with East-West Connector EIR (ACTIA) ▪ 2011 - EWC Design Team completed 65% EWC Plans (PS&E) - Project put on hold ▪ 2018 - ACTC transferred ownership of the project to Cities of Union City and Fremont ▪ 2018 - Union City renamed the project Quarry Lakes Parkway (QLP) ▪ 2021 – State (CA) transferred the 30-acre parcel to Union City ▪ 2018 – City of Fremont starts Decoto Complete Streets Phases A & B ▪ 2018 – City of Union City starts Quarry Lakes Parkway (QLP) Phases 1 through 5 o QLP (former EWC) redesigned to meet local multimodal & complete street designs o QLP footprint is verified that it is within the approved EWC Environmental Document ▪ 2022 – QLP 3&4 Design begins
Project Timeline
City Council/RSA Agenda 154 Tuesday, April 11, 2023
5 Decoto Road Phase A
Final Design
QLP Phases 1& 2
Final Design
QLP Phases 1& 2
QLP Phases 3 & 4
Preliminary Engineering Preliminary Engineering
QLP Phases 5
Future
Overview and Phasing
City Council/RSA Agenda 155 Tuesday, April 11, 2023
6 Quarry Lakes Parkway, Phases 1 & 2 (Final Design)
City Council/RSA Agenda 156 Tuesday, April 11, 2023
7 Quarry Lakes Parkway (EWC), Phases 3 & 4 (30% Design) City Council/RSA Agenda 157 Tuesday, April 11, 2023
8 UP Review Comments for:
• Oakland Subdivision Grade Separation Design
• Niles Subdivision Grade Separation Design
Other:
• Required UP Agreements
Purpose (Update of 2011 EWC Plans)
City Council/RSA Agenda 158 Tuesday, April 11, 2023
9 Union City BART Station
Proposed Underpass
Proposed Underpass
City Council/RSA Agenda 159 Tuesday, April 11, 2023
10 QLP 1&2
▪ Storm Drainage System
QLP 3&4
▪ Bridge General Plans for both Niles and Oakland
Subdivisions
▪ Shoofly Design Approach
Key Aspects
City Council/RSA Agenda 160 Tuesday, April 11, 2023
11 QLP 1&2 Storm Drain
City Council/RSA Agenda 161 Tuesday, April 11, 2023
12 EWC Bridge Design – Niles Subdivision
City Council/RSA Agenda 162 Tuesday, April 11, 2023
13 EWC Bridge Design – Oakland
Subdivision
City Council/RSA Agenda 163 Tuesday, April 11, 2023
38 Q & A
City Council/RSA Agenda 164 Tuesday, April 11, 2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH WILLIAM R. GRAY AND COMPANY, INC., DBA GRAY-BOWEN-SCOTT,
IN THE AMOUNT OF $80,000, FOR PROGRESS REPORTING FOR
TRANSPORTATION PROJECTS, FOR A TOTAL CONTRACT AMOUNT OF NOT TO EXCEED $544,000
WHEREAS, the mission of Alameda County Transportation Commission (Alameda CTC) is to plan, fund and deliver transportation projects and programs that expand access and improve mobility to foster a vibrant and livable Alameda County.
Alameda CTC coordinates transportation efforts; programs local, regional, state, and federal funding; and delivers projects and programs including those approved by voters in Alameda County’s Transportation Expenditure Plan (TEP) for Measure B, Measure BB and Vehicle Registration Fee (VRF) funds; and
WHEREAS, on November 13, 2014, the City Council adopted Resolution No. 4654-14, which authorized the City Manager to execute a Project Funding Agreement (PFA) A13-0058 with Alameda CTC, in the amount of $5,730,000, of VRF Grant Funds contributing to the BART Station, Phase 2 Project/Pedestrian Railroad At-Grade Crossing, City Project No. 14-14, estimated at $16,914,974, and funded with other federal transit and local grants; and
WHEREAS, on August 14, 2018, the City Council adopted Resolution No. 5374- 18, which authorized the City Manager to execute a Project Funding Agreement (PFA) A18-0046 with Alameda CTC, in the amount of $2,500,000, for the East West Connector Project, City Project No. 18-04, and Union City became the project sponsor for Quarry Lakes Parkway (formerly East West Connector) responsible for the Final Design and reevaluation of the Traffic Study of the estimated $320 million transportation corridor project; and
WHEREAS, on August 15, 2018, the City of Union City entered into a Union Pacific Railroad Letter Agreement for Preliminary Engineering Services and Submittal of Exhibit “A” for Railroad approval for East West Connector (renamed Quarry Lakes Parkway) Grade Separation (underpass) at the Niles Subdivision (MP 27.0 – MP 27.6) in the amount of $100,000, see Exhibit A; and
WHEREAS, on August 15, 2018, the City of Union City entered into a Union Pacific Railroad Letter Agreement for Preliminary Engineering Services and Submittal of Exhibit “A” for Railroad approval for East West Connector (renamed Quarry Lakes Parkway) Grade Separation (underpass) at the Oakland Subdivision (MP 27.4 – MP 28.0) in the amount of $100,000, see Exhibit B; and
WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 5503-19, authorizing the City Manager to execute Public At-Grade Pedestrian Crossing Agreement City Council/RSA Agenda 165 Tuesday, April 11, 2023
Resolution No.
(C5376) with Union Pacific Railroad for the BART Pedestrian Crossing (DOT 859611R) at the Oakland Subdivision (MP 27.08) in the amount of $ 228,200 for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14, see Exhibit C; and WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5841-21, which accepted a $4,200,000 Grant from Alameda County Transportation Commission (Alameda CTC), Project Funding Agreement No. A22-0053, for Final Design of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (formerly East West Connector) Project, City Project No. 18-04 only with the project cost estimate for Quarry Lakes Parkway, Phase 1 (7th Street Connection) at $16.7 million and for Quarry Lakes Parkway, Phase 2 at $20.3 million; and
WHEREAS, on January 11, 2022, the City of Union City, under Resolution No. 5878-22, authorized the City Manager to execute a Consulting Services Agreement (C5833) with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000 with $3.0 Million remaining in Account Number 4100-3199-91804-54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) Project - Professional Services) for Final Design; and
WHEREAS, on November 22, 2022, the City Council adopted Resolution No. 6045-22 authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement (C5833b) with Mark Thomas & Company, Inc., for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $3,000,000; and WHEREAS, at the same meeting, the City Council adopted Resolution No. 6046- 22, authorizing the City Manager to execute a Consulting Service Agreement (C5933) with Mark Thomas & Company, Inc., for the Preliminary Engineering (30% Final Design) pf the East West Connector (Quarry Lakes Parkway, Phases 3 and 4) Project, City Project No. 18-04, in the amount of $2,087,000, and appropriating $208,760 from unassigned fund balance of the SB-1 Fund; and
WHEREAS, on April 14, 2020, the City of Union City entered into a Consultant Services Agreement (C5428) with William R. Gray and Company, Inc. DBA GrayBowen-Scott, in the amount of $74,000, to assist the Public Works and Finance Departments with the preparation and timely submittal of the Project Progress Reports, Amendment Requests and Request for Reimbursement packages for Alameda CTCfunded projects; and WHEREAS, on July 27, 2021, the City Council adopted Resolution No. 5809-21, approving Amendment No. 1 to the Consultant Services Agreement (C5428b) with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $150,000, for a total contract amount of $224,000, to allow for the continued support and assistance to the Public Works and Finance Departments for the four (4) active Alameda City Council/RSA Agenda 166 Tuesday, April 11, 2023
Resolution No.
CTC-funded projects; and
WHEREAS, on August 9, 2022, the City Council adopted Resolution No. 5991- 22, approving Amendment No. 2 to the Consultant Services Agreement, C5428c, with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, in the amount of $240,000, for a total contract amount of $464,000, to continue to assist the Public Works and Finance Departments with Project Progress Reports, Amendment Request Forms, Requests for Reimbursement packages and Close-Out documentation for seven (7) active Alameda CTC-funded projects and the bi-annual reporting for Alameda CTC’s Local Business Contract Equity (LBCE) Program; and
WHEREAS, staff recommends that the City Council approve Amendment No. 3 to the agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, to increase the not to exceed amount by $80,000, for a total not to exceed contract amount of $544,000, for progress reporting for transportation projects including consulting services to advise and assist the City concerning negotiations with Union Pacific Railroad for required railroad agreements related to planning, design, construction and maintenance of transportation projects on the Oakland, Niles and Coast Subdivision railroad tracks in Union City and provide a better understanding and guidance on design policies, requirements and approvals; and
WHEREAS, Public Improvement Fund (Fund 4160) will provide $50,000, and Measure BB Streets and Roads Fund (Fund 2545) will provide $30,000, totaling $80,000, to fund this Amendment No. 3 to assist with negotiations of railroad agreements and project approvals for BART Pedestrian At-Grade Crossing, City Project No. 14-14 and Quarry Lakes Parkway, City Project No. 18-04.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves $80,000 from the Public Improvement Fund (Fund 4160), and the Measure BB Streets and Roads Fund (Fund 2545) for this Amendment No. 3 to the Consultant Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, for continued support and assistance to the Public Works and Finance Departments with Project Progress Reports and assisting with railroad agreements for transportation projects.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Amendment No. 3 to Contract C5428 with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott, of Walnut Creek, CA, in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 11th day of April 2023, by the following vote:
City Council/RSA Agenda 167 Tuesday, April 11, 2023
UNION
CITY
california
Date August 15, 2018
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
AND SUBMITTAL OF EXHIBIT "A" FOR RAILROAD APPROVAL
Crossing: Public:
State: CA City: Union City
MP: 27.0 to 27.6 Niles Subdivision Lilo 70e A
1-880 to Mission Blvd. East West Connector Project/ DOT #°4407O7-0A— Alameda County! Parrish
Mr. Kevin Yoder
Sr. Project Engineer, Alameda County, Industry and Public Projects Union Pacific Railroad Company
10031 Foothill Boulevard
Roseville, CA 95747
Dear Mr. Kevin Yoder:
Plans are being prepared to (Construct grade separation underpass) at the location referenced above. The proposed work includes (A new roadway to go under the UPRR railroad tracks at the Niles Subdivision and associated shoo fly track). In connection with the project, the Agency considers it necessary for the successful advancement of the project for your company to collaborate in the development of the project by performing the following:
• preliminary engineering and other related services
• development of cost estimates
• review of the project's preliminary layouts
• submit current train and switching moves
The Agency authorizes and agrees to reimburse the Railroad for its expenses and actual costs that are incurred for collaborating in the development of the project's preliminary engineering and other preliminary activities. The Railroad has estimated that these preliminary engineering and other preliminary costs will be $100,000.00 (the "Estimated Costs"). The Railroad shall not incur actual costs in excess of the Estimated Costs without first notifying the Agency and obtaining written approval to proceed. Payment will be made within thirty (30) days from the Agency's receipt and approval of the Railroad's request for reimbursement. Railroad will refer to Agency's Project Number (18-04) and forward Invoices to (Thomas Ruark, Public Works Director).
Additionally, attached for your company's review and approval is one (1) set of half-scale prints of the concept plans marked Exhibit A, which are the (35%)% complete plans and show the basic features of the proposed highway project at the location referenced above. Please review and provide comment on the basic features of the Exhibit A as soon as possible. Also enclosed is one (1) set of photos of the project area.
INNIMINW
CITY OF UNION CITY
34009 Alvarado-Niles Rd • Union City • CA • 94587
unioncity.org
City Council/RSA Agenda 168 Tuesday, April 11, 2023
UNION
CITY
california
The project may require the Railroad to incur costs for force account activities. Please prepare the railroad force account cost estimate for work activities to be provided by your company, as identified in Exhibit A and submit them at your earliest convenience so that they may be attached to the railroad generated Construction & Maintenance (C&M) agreement.
Please provide the number of current regular train and switching movements with a Maximum Speed of at this location as currently shown in our inventory records. This information will be used by the Agency's Contractor to obtain Railroad Protective Liability Insurance, or equivalent self-insurance.
This agreement is intended to address Preliminary Engineering. It is understood by both parties that railroad may withhold its approval for any reason directly or indirectly related to safety or its operations, property issues or effect to its facilities. If the Project is approved, Union Pacific will continue to work with the Agency to develop Final Plans, Specifications and prepare Material and Cost Estimates for Railroad Construction Work associated with the project. It is also understood that if the project is constructed, if at all, at no cost to the railroad.
The Agency and the Railroad will enter into separate License, Right of Entry, Construction and Maintenance Agreements associated with the actual construction of the project if the project is accepted and approved by the railroad. The Agreements will be drafted by Union Pacific and forwarded to the Agency after the Exhibit A and cost estimates have been approved.
Please contact Thomas Ruark at telephone number (510) 675-5301 via email at [email protected] you have any questions. Your assistance in this matter is appreciated.
Sincerely,
C.\\ omas E. Rcftk
Public Works lYirector
City of Union City
UNION PACIEI,C RAILROAD COMPANY
/
/ /OA
By 4/I Date 0/W
Name and Title
Kevin D. Hicks
AVP Engineering
Attachment(s)
CITY OF UNION CITY
34009 Alvarado-Niles Rd • Union City • CA • 94587
unioncity.org
City Council/RSA Agenda 169 Tuesday, April 11, 2023
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City Council/RSA Agenda 170 Tuesday, April 11, 2023
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City Council/RSA Agenda 171 Tuesday, April 11, 2023
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City Council/RSA Agenda 172 Tuesday, April 11, 2023
UNION
CITY
california
Date Auqust 15, 2018
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
AND SUBMITTAL OF EXHIBIT "A" FOR RAILROAD APPROVAL
Crossing: Public:
State: CA City: Union City
MP: 27.4 to 28.0 Subdivision: Oakland
1-880 to Mission Blvd. East West Connector Project/ DOT # 440709 G Alameda County / Parrish
Mr. Kevin Yoder
Sr. Project Engineer, Alameda County, Industry and Public Projects Union Pacific Railroad Company
10031 Foothill Boulevard
Roseville, CA 95747
Dear Mr. Kevin Yoder:
Plans are being prepared to (Construct grade separation underpass) at the location referenced above. The proposed work includes (A new roadway to go under the UPRR railroad tracks at the Oakland Subdivision and associated shoo fly track). In connection with the project, the Agency considers it necessary for the successful advancement of the project for your company to collaborate in the development of the project by performing the following:
• preliminary engineering and other related services
• development of cost estimates
• review of the project's preliminary layouts
• submit current train and switching moves
The Agency authorizes and agrees to reimburse the Railroad for its expenses and actual costs that are incurred for collaborating in the development of the project's preliminary engineering and other preliminary activities. The Railroad has estimated that these preliminary engineering and other preliminary costs will be $100,000.00 (the "Estimated Costs"). The Railroad shall not incur actual costs in excess of the Estimated Costs without first notifying the Agency and obtaining written approval to proceed. Payment will be made within thirty (30) days from the Agency's receipt and approval of the Railroad's request for reimbursement. Railroad will refer to Agency's Project Number (18-04) and forward Invoices to (Thomas Ruark, Public Works Director).
Additionally, attached for your company's review and approval is one (1) set of half-scale prints of the concept plans marked Exhibit A, which are the (35%)% complete plans and show the basic features of the proposed highway project at the location referenced above. Please review and provide comment on the basic features of the Exhibit A as soon as possible. Also enclosed is one (1) set of photos of the project area.
CITY OF UNION CITY
34009 Alvarado-Niles Rd • Union City • CA • 94587
unioncity.org
City Council/RSA Agenda 173 Tuesday, April 11, 2023
Date 9/Y/20
Kevin D. Hicks
AVP Engineering
By
Name and Title
UNION
CITY
california
The project may require the Railroad to incur costs for force account activities. Please prepare the railroad force account cost estimate for work activities to be provided by your company, as identified in Exhibit A and submit them at your earliest convenience so that they may be attached to the railroad generated Construction & Maintenance (C&M) agreement.
Please provide the number of current regular train and switching movements with a Maximum Speed of at this location as currently shown in our inventory records. This information will be used by the Agency's Contractor to obtain Railroad Protective Liability Insurance, or equivalent self-insurance.
This agreement is intended to address Preliminary Engineering. It is understood by both parties that railroad may withhold its approval for any reason directly or indirectly related to safety or its operations, property issues or effect to its facilities. If the Project is approved, Union Pacific will continue to work with the Agency to develop Final Plans, Specifications and prepare Material and Cost Estimates for Railroad Construction Work associated with the project. It is also understood that if the project is constructed, if at all, at no cost to the railroad.
The Agency and the Railroad will enter into separate License, Right of Entry, Construction and Maintenance Agreements associated with the actual construction of the project if the project is accepted and approved by the railroad. The Agreements will be drafted by Union Pacific and forwarded to the Agency after the Exhibit A and cost estimates have been approved.
Please contact Thomas Ruark at telephone number (510) 675-5301 via email at [email protected] you have any questions. Your assistance in this matter is appreciated.
Sincerely,
c.\\ ThomasE. ,Ru
Public Works Dir ctor
City of Union Cit
UNION PACIFIC RAIL D COMPANY
Attachment(s)
CITY OF UNION CITY
34009 Alvarado-Niles Rd • Union City • CA • 94587
unioncity.org
City Council/RSA Agenda 174 Tuesday, April 11, 2023
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City Council/RSA Agenda 175 Tuesday, April 11, 2023
NO THANKS YES
Cik GoogIe recommends usIng Chrome
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Oakland Subdivision at East West Connector
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City Council/RSA Agenda 176 Tuesday, April 11, 2023
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Agenda Item
DATE: 4/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SECOND AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH PGA DESIGN INC., IN THE AMOUNT OF $68,200, FOR PREPARATION OF THE LANDSCAPE PLANS TO BE
INCLUDED IN THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF
$141,658
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $68,200, for preparation of the Landscape Plans to be included in the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, for a totalcontract amount of $141,658.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
On April 27, 2017, Union City was awarded $7,800,000 (requiring $1,000,000 of local match using the City’s State Gas Tax (Fund 2510) funds for a total project budget of $8,800,000) by Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II City Council/RSA Agenda 234 Tuesday, April 11, 2023
Bikes Lanes Project” for construction of over two (2) miles of new bicycle facilities along Union City Boulevard from approximately 600 feet south of Alvarado Boulevard to the southern city limits.
This Union City Boulevard Bike Lanes Project willcomplete the gap along Union City Boulevard by providing continuous bike facilities between the existing Class II bike lanes from south of Alvarado Boulevard with new buffered bike lanes that connect to Ardenwood Boulevard in Fremont. These new improvements will include Complete Street improvements at the intersections of Regents Boulevard, Dyer Street and Rocklin Drive. A new Class I multi-use trail will also be provided adjacent to Delaine Eastin Elementary School on Union City Boulevard, which will improve direct access for students who bike or walk to the school. In addition, the project will construct a dedicated right-turn lane for vehicles proceeding to the school to eliminate the traffic back up on southbound Union City Boulevard.
At the City Council Meeting on March 9, 2021, East Bay Discharge Authority (EBDA) in partnership with Cargill, Incorporated (Cargill) made a presentation about a proposed Mixed Sea Salt Brine Pipeline to be constructed along Union City Boulevard that would remove, over time, several tons of existing mixed sea salt stockpiles located at the Cargill Salt Plant in Newark. With anticipated sea-level-rise in the future, the processed mixed sea salt, if returned into the San Francisco Bay, would cause ecological damage to the fish and fauna.
Because the proposed pipeline is located within the Union City Boulevard Bike Lanes project limits, EBDA, Cargill, and Union City began high-level discussion on how to best combine the construction of the bike lanes and pipeline project into one major roadway improvement project.
DISCUSSION
Since 2019, the City Council has taken several incremental steps regarding the Union City Boulevard Bike Class II Bike Lane Project:
Resolution No. 5471-19 was adopted to incorporate SB-1 funds for pavement rehabilitation.
Engineering staff identified various pavement areas of Union City Boulevard that needed rehabilitation and began considering including this roadway work with the Bike Lanes Project.
Resolution No. 5510-19 was adopted to approve Contract C5363 with Kimley-Horn and Associates, Inc., in the amount of $537,900, to assume the design of the bike lane project and complete the Final PS&E.
Resolution No. 5604-20 was adopted to approve Contract C5439 with Kimley-Horn and Associates, Inc., in the amount of $287,000, which constituted the First Amendment to Contract C5363, for design refinements that included pavement reconstruction and rehabilitation within the project limits and updating the bikeway design.
Resolution No. 5613-20 was adopted to amend a list of projects for FY 2020-2021, in the amount of approximately $1.4 million funded by SB-1 - The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including Union City Boulevard. The estimated construction cost to include the pavement rehabilitation of Union City Boulevard with the Bike Lanes Project is estimated at $15.0 million.
Resolution No. 5765-21 was adopted to amend a list of projects for FY 2021-2022, in the amount of approximately $1.5 million funded by SB-1 - The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations including the Union City Boulevard Bike Lanes Project, City Project 17-29; and
Resolution No. 5835-21 was adopted to approve Contract C5439b with Kimley-Horn and Associates, Inc., in the amount of $348,000, which constituted the Second Amendment to Contract C5363, for updating the project plans to refine various intersections for bikes and pedestrian, adding potential new crossings for bikes and pedestrians, adding traffic control devices such as flashing signs to slow traffic speeds, improving street lights illumination and updating and coordinating these design updates with BPAC.
City Council/RSA Agenda 235 Tuesday, April 11, 2023
Resolution No. 5883-22 was adopted to approve Contract C5439c with Kimley-Horn and Associates, Inc., in the amount of $75,000, which constituted the Third Amendment to Contract C5363, for roadway drainage design that included review of As-Builts of the existing drainage facilities, the preparation of a Preliminary Drainage Analysis Report, coordination with Alameda County Flood Control and Water Conservation District (ACFC & WCD), the preparation of a Final Drainage Memo with recommendations of proposed roadway drainage improvements and the revision to the Final Plans and Specification for reducing flooding along Union City Boulevard within the proposed bike lanes.
Resolution No. 5951-22 was adopted to amend the list of projects for FY 2022-2023, in the amount of approximately $1.6 million, funded by SB-1 – The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations including Union City Boulevard Bike Lanes Project, City Project No. 17-29 Resolution No. 6008-22 was adopted to approve the Fourth Amendment to the Agreement with Kimley-Horn and Associates, Inc., in the amount of $308,455, for the additional design for integrating the Cargill Pipeline Project into the UCB Bike Lanes Project and other design refinements.
On September 21, 2021, the City Manager entered into a Consulting Service Agreement, C5794 with PGA Design Inc., in the amount of $45,000, for Landscape Architectural Design Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, for the development of landscape concepts that will be incorporated in the Final Design Plans prepared by Kimley-Horn Associates.
On July 1, 2022, the City Manager entered into a First Amendment to the Consulting Services Agreement (C5794b) with PGA Design Inc., in the amount of $28,458, for preparation of the Arborist Report, totaling $73,458.
On July 26, 2022, the City Council of Union City adopted Resolution No. 5980-22 authorizing the City Manager to execute the Sea Salt Pipeline and Bike Lanes Cost Sharing Agreement between the City of Union City and Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29. On
Costs, Cargill agreed to pay the City a fee of $620,000 due to their cost savings of not having to undertake a separate Pipeline Project. The City can expend these funds for project enhancements, such as landscaping improvements at key intersections along Union City Boulevard.
These funds will provide landscape improvements along Union City Boulevard at the City’s southern gateway at Lowry Drive intersection, landscape enhancements at the Dyer Street intersection, tree replacement between Jean Drive and Dyer Street and landscape enhancements at the Alvarado Boulevard intersections.
The Second Amendment, in the requested amount of $68,200, if approved, will bring the totalcontract amount to $141,658, and will allow the firm of PGA Design Inc., to prepare Landscape Plans to be included in the Final Design Plans and Specifications prepared by Kimley-Horn for Union City Boulevard Bike Lanes Project, City Project No. 17-29.
The Pipeline and Union City Boulevard Bike Lanes project will be combined into one (1) Construction Package in 2023. It is anticipated that the project will be advertised in Summer 2023, with construction beginning Fall 2023, and completion by Spring 2025 (see Attachment 1).
FISCAL IMPACT
The Second Amendment to the Consulting Services Agreement with PGA Design Inc., for preparation of Landscape Plans for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, is $68,200, and City Council/RSA Agenda 236 Tuesday, April 11, 2023
will be funded with Measure B ACTIA Streets and Roads funds (Account Number 2542-3199-91729-54110) which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021-22 to FiscalYear 2025-26.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $68,200, for preparation of the Landscape Plans to be included in the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, for a totalcontract amount of $141,658.
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - UCBBike Lanes and Brine Pipeline Project Info Attachment Attachment 2 - Second Amendment Attachment
Resolution Resolution
City Council/RSA Agenda 237 Tuesday, April 11, 2023
Project Purpose
• Completes the bike lane gap between Smith Street and Alameda Creek Bridge (Fremont City Limits) with Buffered Bike Lanes • Combines Bike Lane and Cargill Brine Pipeline as one single construction package to minimize public inconvenience, traffic delays and disruption to residents & local commuters
•
•
Promotes a combined Clean Air (Bike Lanes) & Clean Water (Pipeline) Project
Improves overall bike access to regional trails, parks and schools including Delaine Eastin Elementary School with a new multi-use trails along west side of Union City Blvd. (UCB) at Rocklin Drive
• Improves pedestrian and bicycle crossings at signalized intersections (Complete Streets)
• Rehabilitates and upgrades existing pavement along Union City Blvd. within the project limits
• Improves lighting at intersections and along the corridor to enhance multimodal (bikes, pedestrians and transit) travel • Improves drainage infrastructure along Union City Boulevard • Currently in the design phase
Partners and Stakeholders
• Union City BPAC
• Alameda County Transportation Commission
• East Bay Discharge Authority/Cargill
• New Haven Unified School District
Context Map
Timeline
Phase Date
Complete Final Design
Advertise and Award
Construction
Late Spring 2023
Summer 2023
Fall 2023 - Spring 2025
Construction Costs
UCB Bike Lane Project $15,300,000
Cargill Pipeline Project $ 4,500,000
Total $19,800,000
Union City Boulevard Bike Lanes and Cargill Pipeline Project Delain Eastin
Elementary School
§¨¦I-880
PASEO PADRE PW
DEEP CREEK RD
ARDENWOOD BL
ALVARADO BL
REGENTS BL
WHIPPLE RD
SMITH ST
DYER ST
DELORES DR
ROCKLIN DR
LOWRY RD
FREMONT BL
UNION CITY BL
ALVARADO NILES RD
Fremont
Fremont
Newark
Union City
HaUnion City
yward
Hayward
Union City
Alameda Creek
Alameda Creek Trail (paved)
Alameda Creek Trail (unpaved)
Project Area
N
Current Status
City Council/RSA Agenda 238 Tuesday, April 11, 2023
Second Amendment to the Consulting Services Agreement
between City of Union City and PGA Design Inc.
SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5794)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 11 th day of April 2023
by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and PGA Design Inc., ("Consultant"), collectively referred to as the "Parties".
W I T N E S S E T H:
WHEREAS, on September 27, 2021, the Parties entered into a Consulting Services Agreement for landscape architectural services for Union City Boulevard Bike Lanes Project, City Project No. 17-29, (C5794) (“Agreement”) wherein the Consultant will provide the City with services for the Public Works Department; and
WHEREAS, on July 1, 2022, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5794b, to provide additional services to prepare tree survey report; and WHEREAS, the Parties now desire to further amend the Agreement to expand the scope of services to be provided by the Consultant for the final landscape design plans and specifications; and WHEREAS, the City and Consultant desires to enter into this Second Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Second Amendment, attached hereto and incorporated herein by reference.
2. The first sentence of Section 2 "COMPENSATION", is hereby amended to reflect payment based upon a sum increase of Sixty-Eight Thousand Two Hundred Dollars ($68,200) as set forth in Exhibit B of this Second Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Hundred Forty-One Thousand Six Hundred Fifty-Eight Dollars ($141,658). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed One Hundred Forty-One Thousand Six Hundred Fifty-Eight Dollars ($141,658) notwithstanding any contrary indications that may be contained in Consultant' s proposal for services to be performed and reimbursable costs incurred under this Agreement.
3. The “Term of Services,” as set forth in the first sentence of Section 1.1, is amended to extend the term of contract to December 31, 2024.
3. All other provisions of the Agreement, remain unchanged except as modified by this Second Amendment.
SIGNATURES ON THE FOLLOWING PAGE
City Council/RSA Agenda 239 Tuesday, April 11, 2023
Second Amendment to the Consulting Services Agreement
between City of Union City and PGA Design Inc.