Union City City Council
August 8, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, August 8, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Resolution Of Appreciation For Planning Commissioner Edwin Mack Agbuya

3.b. Proclamation of the Lifesaving Award For Five Union City Police Officers Who Saved Three Lives From Drug Related
Overdoses in January of 2023

3.c. Presentation Of Seasonal Union City Transit Service Funded By Agreement Through New Haven Unified School District

3.d. Council Assingments To The Economic Development Advisory Team

4. ORAL COMMUNICATIONS
City Council/RSA Agenda 1 Tuesday, August 8, 2023
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair 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.

4.a. Submitted Written Comment- Huang

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. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To The Construction Agreement
(C5460) With Bay Area Tree Specialists, In The Amount Of $40,000, For The 2022-2023 Tree Pruning Project, City Project No. 23-10, For A Total Contract Amount Of $1,200,000

5.c. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To The Consulting Services Agreement With CSG Consultants, Inc., In The Amount Of $81,120, For Municipal Programming, For A Total Contract Amount Of
$395,520

5.d. Adopt A Resolution Authorizing The City Manager To Execute The Close-Out Letter From Cargill, Incorporated, For The Union City Boulevard Bike Lanes Project, City Project No. 17- 29, Increasing The Revenue Projections In The State Gas Tax Fund By $112,050, And Appropriating $112,050 To City Project No. 17-29

5.e. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services
Agreement With Richard K. Tanaka, In The Amount Of
$129,800, For Project Management Services For The Union City Boulevard Bike Lanes Project, City Project No. 17-29, For A Total Contract Amount Of $324,800

5.f. Adopt A Resolution Authorizing The City Manager To Execute City Council/RSA Agenda 2 Tuesday, August 8, 2023
The Fifth Amendment To The Consulting Services Agreement With Kimley-Horn And Associates, Inc., In The Amount Of $286,000, For The Union City Boulevard Bike Lanes Project, City Project No. 17-29, For A Total Contract Amount Of
$1,842,355

5.g. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To The Consulting Services Agreement With PGA Design Inc., In The Amount Of $40,000, For
Preparation Of The Final Landscape Plans And Specifications And To Provide Design Services During Construction For The Union City Boulevard Bike Lanes Project, City Project No. 17- 29, For A Total Contract Amount Of $181,658

5.h. Adopt A Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With Cal-West Lighting And Signal Maintenance, Inc., In The Amount Of $200,000, For Street Light Maintenance, On-Call Support And Emergency Repair Services, City Project No. 23-17

5.i. Adopt A Resolution Approving the Award Of A Construction Contract To G. Bortolotto & Company Inc., In The Amount Of $2,087,831, For The Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, And Approving A Total
Construction Budget In The Amount Of $2,400,000

5.j. Adopt A Resolution Amending Service Awards, Recognitions And Proclamations Policy

5.k. Adopt A Resolution To Accept Completion Of The Union City Innovative Deployments To Enhance Arterials (IDEA) Grant Traffic Signals Control Upgrades Project, City Project No. 17- 27, And The Passive Pedestrian Detection Improvement
Project, City Project No. 17-27A

5.l. Adopt Six (6) Resolutions Appointing Individuals To Serve On The Arts & Culture Commission, Bicycle Pedestrian Advisory Committee (BPAC), Economic Development Advisory Team,
Human Relations Commission, Park & Recreation Commission, And Planning Commission

5.m. Adopt A Resolution Authorizing The City Manager To Execute A Five (5)-Year Agreement, In A Form Approved By The City Attorney, Plus Optional Extensions, With The New Haven
Unified School District For The Provision Of Seasonal Union City Transit Service To Be Reimbursed In An Amount Not-ToExceed $138,845 In The First Year, With Future Annual Costs To Be Determined Based On Union City Transit's Contract Operational Costs, And Reimbursed To The City's Transit Fund (Fund 5110) By The New Haven School District

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Resolution Approving The Mayor’s Appointment Of Two City Council/RSA Agenda 3 Tuesday, August 8, 2023
Councilmembers To An Ad Hoc Subcommittee To Evaluate
And Provide Recommendations On The Placement Of
Potential Revenue Measures On A 2024 Election Ballot

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

PEOPLE OF UNION CITY
The City Council's regular meetings are held on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 Alvarado-Niles Road, Union City CA 94587. The City continues to offer an opportunity to participate in Council meetings via Zoom at: http://citycouncillive.unioncity.org/ ; Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired.

PUBLIC COMMENT
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 will be e-mailed to the City Council and made publicly available.

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.

City Council/RSA Agenda 4 Tuesday, August 8, 2023
CITY COUNCIL NORMALS AND GUIDELINES (Resolution No. 6095-23; Adopted 03/14/2023) The City Council of the City of Union City comply with the following norms:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City Staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

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.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's decision.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration a citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met be the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

City Council/RSA Agenda 5 Tuesday, August 8, 2023

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Anna M. Brown, City Clerk of the City of Union City, California, state under penalty of perjury that this notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 6 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY
SUBJECT: RESOLUTION OF APPRECIATION FOR PLANNING COMMISSIONER

EDWIN MACKAGUBYA

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Submitted by:

ATTACHMENTS:

City Council/RSA Agenda 7 Tuesday, August 8, 2023
Description Type
Resolution ofAppreciation for Edwin MackAgbuya Resolution City Council/RSA Agenda 8 Tuesday, August 8, 2023

CITY OF UNION CITY

RESOLUTION OF APPRECIATION
Resolution of Appreciation for Planning Commissioner
Edwin Mack Agbuya

WHEREAS, Edwin Mack Agbuya was a lifelong resident of Union City and a graduate of James Logan High School; and
WHEREAS, Edwin Mack Agbuya was appointed to the Planning Commission on February 22, 2022 and served until his untimely passing on July 12, 2023; and WHEREAS, Commissioner Agbuya served faithfully and well as a Planning Commissioner during his tenure; and
WHEREAS, Commissioner Agbuya was involved in the planning and decision making efforts of many important aspects of Union City’s development in both long-range and current planning initiatives; and WHEREAS, Commissioner Agbuya recommended approval of numerous long-range planning initiatives, including the 2023-2031 Housing Element and Related Zoning Ordinance Updates, the Station District Specific Plan, the Industrial Zoning Chapters Update, the Residential Zoning Chapters Update, including those concerning Accessory Dwelling Units and SB 9 Units, and participated in several study sessions for the Objective Development Standards Project; and
WHEREAS, Commissioner Agbuya recommended approval of 128 market-rate and 123 affordable housing units within the Station East development, as well as numerous individual housing developments in support of the City’s adopted housing goals and policies; and
WHEREAS, Commissioner Agbuya recommended approval of several improvements to Union Landing, including the renovations to Jollibee and the Home 2 Suites Hotel (Holiday Inn Express); and WHEREAS, Commissioner Agbuya served on the Citizens Bond Oversight Committee Member for the New Haven Unified School District; and

City Council/RSA Agenda 9 Tuesday, August 8, 2023
WHEREAS, Commissioner Agbuya served as a Loan Officer at Diversified Mortgage Group in Fremont and is survived by his wife, Charlene, and two children, Isabella and Angelo.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City, hereby expresses its tremendous gratitude and sincere appreciation for the service of Edwin Mack Agbuya to the City of Union City as a Planning Commissioner.

DATED this 8
th day of August 2023

____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
GARY SINGH, Council Member
____________________________________
JAIME PATIÑO, Council Member
____________________________________
JEFF WANG, Council Member
____________________________________
SCOTT SAKAKIHARA, Council Member
City Council/RSA Agenda 10 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINETTI
SUBJECT: Proclamation In Recognition of Sergeant Jeff Willson, Officer Zachary Fordham, Officer Quentin Rasmussen, Officer Elmore Spencer and Officer ArashAliyar’s Extraordinary Lifesaving Efforts in Preserving and Prolonging the Life of Three Adults Who Suffered life threatening Drug-Related Overdoses

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Lieutenant Brian Baumgartner
Submitted by:

City Council/RSA Agenda 11 Tuesday, August 8, 2023
Lieutenant Brian Baumgartner
ATTACHMENTS:

Description Type
Proclamation Resolution
City Council/RSA Agenda 12 Tuesday, August 8, 2023

CITY OF UNION CITY

PROCLAMATION

In Recognition of
Sergeant Jeff Willson, Officer Zachary Fordham, Officer Quentin Rasmussen, Officer Elmore Spencer and Officer Arash Aliyar’s Extraordinary Lifesaving Efforts in Preserving and Prolonging the Life of Three Adults Who Suffered life threatening Drug-Related Overdoses

WHEREAS, Sergeant Willson, Officer Fordham, Officer Rasmussen, Officer Spencer and Officer Aliyar were assigned to midnight Patrol shift.

WHEREAS, On January 14, 2023, Sergeant Willson, Officer Fordham, Officer Rasmussen, Officer Spencer and Officer Aliyar responded to a medical emergency call in the Decoto District of three unconscious adults experiencing a fentanyl overdose inside of a residence; and WHEREAS, the officers noticed three unconscious adults lying on the floor inside of the residence, struggling to breathe. Sergeant Willson directed officers to treat all three adults quickly and appropriately, Officer Fordham administered Narcan and performed CPR, Officer Rasmussen administered Narcan and performed CPR, Officer Spencer administered Narcan and repositioned the adults to support breathing efforts and Officer Aliyar prepared the Automated External Defibrillator, assisted officers, and directed responding medics into the scene.

WHEREAS, Officers placed themselves in immediate danger, knowingly exposing themselves to the dangerous Fentanyl drug, and took immediate lifesaving action until medical personnel arrived on scene.

Officers were able to successfully revive all three of the adults, where they were transported to the hospital and survived.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City does herby express its appreciation to Sergeant Willson, Officer Fordham, Officer Rasmussen, Officer Spencer and Officer Aliyar, for their life saving efforts and extend to them on behalf of the City Council our appreciation and congratulations on being awarded the “Public Safety Lifesaving Award”.

DATED: August 8, 2023
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
GARY SINGH, Vice Mayor
_________________________________________
JAIME PATINO, Councilmember
_________________________________________
JEFF WANG, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
City Council/RSA Agenda 13 Tuesday, August 8, 2023
Agenda Item
ATTACHMENTS:

Description Type
Power Point Attachment
City Council/RSA Agenda 14 Tuesday, August 8, 2023
Item 3c.: Union City Transit Service
Funded by Agreement through
New Haven Unified School District
August 8, 2023
City Council/RSA Agenda 15 Tuesday, August 8, 2023
2 Union City
Transit & Flea
Service Area
2023 Service Map
City Council/RSA Agenda 16 Tuesday, August 8, 2023
3 • State of California statutes and educational codes
require New Haven Unified School District (NHUSD)
to prioritize transporting students
• NHUSD receives funding for transporting students
through an adopted transportation plan
• NHUSD hopes to restore school bus service as a
long-term goal
• NHUSD has decided to partner with public transit
providers to provide access to schools for students
until it can restore school bus service
Background
City Council/RSA Agenda 17 Tuesday, August 8, 2023
4 • NHUSD has approximately 350 students that need to
be transported
• NHUSD provided Union City Transit with locations of
students to devise a possible route that could serve
as many students as possible
• Union City Transit devised a 7-mile route that uses
several already established bus stops along Routes 2,
4, and 5 that provides access to 3 NHUSD schools
Discussion: Plan
City Council/RSA Agenda 18 Tuesday, August 8, 2023
5 • Union City Transit buses can accommodate up to 60
passengers: 32 seated & 28 standing
• 6 Union City Transit buses will be required to
accommodate 350 students
• Union City Transit has 17 buses currently and
requires 13 during the morning and afternoon rush
hours
• Union City Transit will operate demand-response
equipment on Routes 3 & 4 to free up buses
Discussion: Equipment
City Council/RSA Agenda 19 Tuesday, August 8, 2023
6 • Union City Transit’s 6 buses will use 5.5 hours of
service in the morning and 6 buses will use 6.5 hours
of service in the afternoon for a total of 12 hours
• Union City Transit currently pays $64.28 per hour of
service to its contractor in FY23-24
• The service is expected to cost $771.36 per day and
$138,845 for 180 days of instruction
• Union City Transit will be reimbursed through an
Agreement with NHUSD for the service provided
Discussion: Cost
City Council/RSA Agenda 20 Tuesday, August 8, 2023
7 Union City
Transit
Seasonal
Route
Seasonal Service Route Map
City Council/RSA Agenda 21 Tuesday, August 8, 2023
8 • Union City Transit and NHUSD plan to operate this
service for 5 years
• NHUSD will reimburse Union City Transit based on
the annual increase to the cost per hour of service
• Students will still be required to pay fare for service since it is open to the public
• Union City Transit funding will not be impacted by this service
• Item 5m. is on the City Council agenda for
consideration and approval
Conclusion
City Council/RSA Agenda 22 Tuesday, August 8, 2023
9 Steve Adams, Transit Manager
Union City Transit
[email protected]
Questions
City Council/RSA Agenda 23 Tuesday, August 8, 2023
Agenda Item
ATTACHMENTS:

Description Type
Submitted Written Comment - Huang Resolution
City Council/RSA Agenda 24 Tuesday, August 8, 2023
8/8/23, 1:56 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/4 Public Comment: South Casa Verde Park Community Gardens Christopher Huang
Sun 8/6/2023 7:25 PM
To:City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Dear Members of City Council,
My name is Christopher Huang. I live at Way. I
want to request that the city council recommend Public Works reconsider the removal of the communal gardens at the south end of Casa Verde Park. The gardens have become a popular place for people in the neighborhood to come and enjoy the flowers, butterflies, and birds that flock to this area. Every neighbor that I have spoken to does not understand what the problem is with the gardens, and are shocked that the city intends to remove them. Our intention with the gardens was to have a community led effort to improve this area within the park near our homes for the purpose of beautification and education. We believe we have succeeded in our goals.

We have been in communication with Parks and Rec in regards to this situation for the past few months. Our first meeting seemed positive, with the members thinking that this was a good idea. They began to reach out to neighboring cities to see if they could borrow a framework for regulating this type of activity. After two months, it was clear that no city had attempted this before, and the attitude changed because of an unwillingness to set a new precedent. This week we have been ordered to remove all private property from the Casa Verde Park by the end of the month. We would like to request that this order be reversed while the city develops a framework for regulating citizen improvements to community green spaces under the supervision of Parks and Recreation.

I would ask, what is the alternative? When the gardens were started more than 2 years ago, the starting material was a massive pile of wood chips dumped by the city. When that pile was gone the city dumped even more wood chips. They were glad to be rid of it, and we were glad to use it. However, the point is that the city was using this end of the park as a dumping ground. It was not being maintained.

The corner garden was originally filled with ivy, and the amount of inappropriate and dangerous trash hidden in there was staggering.

Everything that has been done is an improvement to what was there before. On the corner of San Carvante there is a lovely patch of City Council/RSA Agenda 25 Tuesday, August 8, 2023
8/8/23, 1:56 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 2/4 sunflowers surrounded by wood chips. Simple and beautiful, something that could easily be replicated by the city with minimal effort. I find it unlikely to happen. If that area is not acceptable to the city, what is the city going to do as an alternative?
These gardens are not the first example of citizens planting things, and certainly not the first time that plants from neighborhood gardens have found their way into the park. There are many many examples of areas that have been improved by citizens over the years, and overrun from local gardens is one of the ways that parks naturally change and grow in character. These changes become familiar and appreciated by everyone who enjoys the parks. However this can also pose a risk. If left unmonitored, dangerous plants could find their way into our public spaces. I know of at least one example where there are Inkberries growing in the park. They look like a blueberry, but they are toxic. They should be removed, yet they have been allowed to grow.

Is it the intention of Public Works to remove every plant which was not explicitly planted by the city? That is the precedent being set in the current orders to remove the gardens.

Citizen improvements and maintenance should be welcomed by the Public Works department. If more areas of the park were improved by residents it could significantly decrease the workload of city workers and reduce maintenance costs. If there were guidelines that could be followed, it would be simple for city workers to patrol and monitor the parks in much the same way they do now. They could guide citizens on the location of sprinklers, areas that they want to preserve, plants they want to preserve. In turn, citizens could help identify safety hazards, broken sprinklers, or remove dangerous plants and weeds.

By empowering residents to care for public spaces you could improve civic engagement. Residents would have "skin in the game".

Weed control seems to be a primary concern of Public Works. Their solution has been wide scale use of herbicides and other chemicals to control growth. Years of use have resulted in areas where the ground is bare except for chemical resistant plants which reemerge every year regardless of spraying. We should all be concerned about such wanton use of dangerous chemicals in public spaces so close to where our children and pets play. We received no notice that they were spraying in the park, and areas that have been sprayed are marked only by dead plants.

Our solution to weeds in South Casa Verde has been the liberal application of wood chips, and the maintenance of the gardens. My neighbors and I have spent many hours pulling weeds around the gardens, removing the weeds that produce spikes and stickers, and trying to preserve plants that would foster biodiversity. We also worked to remove those same weeds that were outside the garden City Council/RSA Agenda 26 Tuesday, August 8, 2023
8/8/23, 1:56 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 3/4 beds, but Public Works sprayed everything in those areas anyways with no notice or postings. If we had guidelines of which species of weeds were being targeted we could have worked with the city to remove those without resorting to a scorched earth policy.

Our parks should be filled with native plants, or food. If the edges of the park were filled with native species, it would attract more birds, butterflies, and all nature of native animals. We have seen an explosion of life near the gardens. Parks should be areas where we can exist in harmony with the natural world, instead of displacing it.

They could provide educational experiences and act as a reservoir of biodiversity. Parks could also be used to grow food. Not only would it provide a source of food to support needy people in the community, it can provide educational experiences to people of all ages, and give them a greater appreciation for where their food comes from.

The removal of the gardens should not be a priority for the city. There are many more important things that Public Works should be focused on. In our small section of park we have reduced their workload, not added to it. How about Public Works completes the repairs to the water main access in front of my house? They have been damaged for many years. They have been marked with paint for more than 1 year, but no progress to repair them has been made. How about they remove the shopping carts which litter the park, or remove the heavy dead branches in the trees that could fall on someone walking? I have seen this happen to someone, they are lucky to be alive. How about they remove the toxic plants? These are all things that need doing just in Casa Verde, so I can imagine there is much more throughout the city.

We have been told that whatever personal property we do not remove will be stored at our expense. I have already taken the steps of removing the composter and wood beams that I had around my garden bed. I will also remove the frame supporting my tomatoes and peas. I hope this demonstrates my willingness to follow guidelines which could be developed to keep everyone happy and free from liability. However, I find the threat of charging me to store my "personal property" offensive. Will the city remove the supports from my neighbors fence and allow it to fall over, will they charge my neighbor to store the fallen sticks she used to build her beds. Will they tear up all my plants, and charge me to store the rotting stalks. Will they charge every neighbor with plants growing over the fence a fee for removal? Be serious!
How about the city cleans up the trail area under the 880 overpass which is filled with trash and debris from homeless encampments and send Caltrans the bill for removal and storage. It would seem only fair that if citizens are being threatened with such action, Caltrans should be too.

City Council/RSA Agenda 27 Tuesday, August 8, 2023
8/8/23, 1:56 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 4/4 I again request that the city consider the points which I have made in this letter. Removal of the gardens is unnecessary at this time.

Instead the Council should recommend Parks and Rec develop a framework for regulation and guidance of projects like this in the future. With proper monitoring it could be a valuable tool in education, biodiversity, and make the parks beautiful. If nothing else I would prefer to maintain the area around my property for the benefit of everyone, rather than Public Works spraying harmful chemicals next to the window where my daughter sleeps. Dead plants and dead ground are not an acceptable alternative for me, nor should it be for anyone.

Thank you for your time,
-Chris Huang,
City Council/RSA Agenda 28 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO CONSTRUCTION
AGREEMENT (C5460) WITH BAY AREA TREE SPECIALISTS, IN THE AMOUNT OF $40,000, FOR THE 2022-2023 TREE PRUNING PROJECT, CITY PROJECT NO. 23-10, FOR A TOTAL CONTRACT AMOUNT OF
$1,200,000
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to Construction Agreement C5460, with Bay Area Tree Specialists (Third Amendment), in the amount of $40,000, for the 2022-2023 Tree Pruning Project, City Project No. 23-10, for a total contract amount of $1,200,000.

STRATEGIC PLAN ALIGNMENT
The action is identified strategy in the Strategic Plan.

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
On September 22, 2020, the City Council adopted Resolution No. 5659-20, awarding a Construction Agreement, C5460, to Bay Area Tree Specialists, of San Jose, CA, for the 2020-2021 Tree Pruning Project, City Project No. 20-10, in the amount of $246,125, with a construction contingency of $53,875, for a total construction budget of $300,000. The project was bid with an option to complete additional tree maintenance work over an additional year once FY 2021-2022 funds became available.

On July 13, 2021, the City Council adopted Resolution No. 5796-21, authorizing the City Manager to execute Amendment No. 1 to Agreement C5460, with Bay Area Tree Specialists, in an amount not-to-exceed $360,000 City Council/RSA Agenda 29 Tuesday, August 8, 2023
(construction budget with contingencies), for a total contract amount not-to-exceed to $660,000 for FY 2021- 2022.

On July 26, 2022, the City Council adopted Resolution No. 5979-22, authorizing the City Manager to execute Amendment No. 2 to Agreement C5460, with Bay Area Tree Specialists, in an amount not-to-exceed $500,000 (construction budget with contingencies) for a totalcontract amount not-to-exceed to $1,160,000 for FY 2022- 2023.

Due to the severe winter storms at the end of 2022, and continuing into the beginning of 2023, emergency tree work was done that exceeded the current contract with Bay Area Tree Specialists.

DISCUSSION
Severe weather events took place in late December 2022 through February 2023, leading FEMA to declare a major disaster throughout California, including Alameda County, via FEMA-4683-DR-CA. Union City was no exception as City crews responded to flooding events over several weeks, including during nights and earlymorning hours. As a result of the extreme amounts of precipitation, in combination with the strong winds, there were an extraordinary number of incidents of tree branches and/or trees falling, resulting in unsafe conditions in the public right-of-way and, in some cases, property damage, as well as large amounts of debris requiring removal, and emergency field inspections and follow-up actions to prevent further potential tree issues.

Public Works Grounds Division staff relied heavily on the services of Bay Area Tree Specialists, who, responded to the City's emergency demands to prune, trim, and remove trees at various locations throughout the City. The added expense of these emergency services has caused the City to exceed the total budget for the contract with Bay Area Tree Specialists by approximately forty thousand dollars ($40,000).

Therefore, staff recommends that the City Council adopt a resolution approving Amendment No. 3 to Agreement C5460, with Bay Area Tree Specialists, in an amount not-to-exceed $40,000, for the 2022-2023 Tree Pruning Project, City Project No. 23-10, for a total not-to-exceed amount of $1,200,000.

FISCAL IMPACT
The Third Amendment, in the amount of $40,000, will be funded with unspent funds in the approved FY 2022- 2023 Budget: $11,825 in the State Gas Tax Fund (Account Number 2510-3125-33025-54111) and $28,175 in the Street Lights & Landscape Fund (2591-3124-33024-54111).

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to Construction Agreement C5460, with Bay Area Tree Specialists (Third Amendment), in the amount of $40,000, for the 2022-2023 Tree Pruning Project, City Project No. 23-10, for a total contract amount of $1,200,000.

Prepared by:

Jesus Banuelos, Park/Grounds Supervisor
City Council/RSA Agenda 30 Tuesday, August 8, 2023
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 -Amendment 3 Attachment
Resolution Resolution
City Council/RSA Agenda 31 Tuesday, August 8, 2023
Third Amendment to the Construction Agreement
Between City of Union City and Bay Area Tree Specialists

THIRD AMENDMENT TO THE

CONSTRUCTION AGREEMENT
THIS THIRD AMENDMENT is effective as of this 8
th day of August, 2023 by and between
THE CITY OF UNION CITY, a municipal corporation (“City”), and BAY AREA TREE SPECIALISTS ("Contractor”), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on October 23, 2018, the City Council awarded a project to the Contractor and the Parties entered into a Construction Agreement (“Agreement”) (C5460) to complete the 2018-19 Tree Pruning & Removal Project, City Project No. 18-18 (“Project”) wherein the Contractor agreed to furnish all equipment, tools, labor and materials to complete the construction of the project within one calendar year from the date specified in the City’s Notice to Proceed (“Time for Completion”); and
WHEREAS, the Project, as bid, provided for an additive bid item for an additional year duration at the City’s option (with a second additional year at the City’s option); and WHEREAS, on July 23, 2019, the City exercised said option and executed the First Amendment to the Construction Agreement for an additional year of service, increasing the contract amount by $350,000 for a total contract amount not to exceed $650,000; and WHEREAS, on July 12, 2022, the City exercised the second said option and executed the Second Amendment to the Construction Agreement for an additional year of service, increasing the contract amount by $500,000 for a total contract amount not to exceed $1,160,000; and WHEREAS, the Contractor provided the City with additional services, including emergency services, in response to the severe weather events in late 2022 – early 2023 that resulted in a major disaster declaration in Alameda County (FEMA-4683-DR-CA); the costs for these additional services exceed the total contract amount of the current Agreement; and WHEREAS, the City and Contractor desire to enter into this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Forty Thousand Dollars ($40,000.00). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Two Hundred Thousand Dollars ($1,200,000.00). The first sentence shall now read:

City Council/RSA Agenda 32 Tuesday, August 8, 2023
City Council/RSA Agenda 33 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD
AMENDMENT TO CONSTRUCTION AGREEMENT (C5460)
WITH BAY AREA TREE SPECIALISTS, IN THE AMOUNT OF $40,000, FOR THE 2022-2023 TREE PRUNING PROJECT, CITY PROJECT NO. 23-10, FOR A TOTAL CONTRACT AMOUNT OF $1,200,000
WHEREAS, the City of Union City is responsible for maintaining trees in parks, public streets and City facilities, and each fiscal year the City Council budgets funds to address these needs; and
WHEREAS, city trees are annually inspected, trimmed, pruned and at times larger, mature trees are removed when the roots are uplifting sidewalks, pavement and residential properties creating uneven surfaces; and
WHEREAS, on September 22, 2020, the City Council passed Resolution No. 5659-20, awarding a Construction Agreement, C5460, to Bay Area Tree Specialists of San Jose, CA, for the 2020-2021 Tree Pruning Project, City Project No. 20-10, for their lowest-cost responsive proposal, in the amount of $246,125, with a construction contingency of $53,875, for total construction budget of $300,000; and
WHEREAS, on July 13, 2021, the City Council passed Resolution No. 5796-21, authorizing the City Manager to execute Amendment No. 1 to Agreement C5460, with Bay Area Tree Specialists, in the amount of $360,000, for the 2021-2022 Tree Pruning Project, City Project No. 20-10, for a total contract amount not-to-exceed $660,000; and WHEREAS, on July 26, 2022, the City Council passed Resolution No. 5979-22, authorizing the City Manager to execute Amendment No. 2 to Agreement C5460, with Bay Area Tree Specialists, in the amount of $500,000, for the 2022-2023 Tree Pruning Project, City Project No. 23-10, for a total contract amount not-to-exceed $1,160,000; and WHEREAS, severe weather events took place in late December 2022 through February 2023, leading FEMA to declare a major disaster throughout California, including Alameda County, via FEMA-4683-DR-CA. Union City was no exception as City crews responded to flooding events over several weeks, including during nights and early-morning hours; and WHEREAS, Public Works Grounds Division staff relied heavily on the services of Bay Area Tree Specialists, who, despite competing demand from other customers, performed an increased volume of tree pruning, trimming and removal services at various locations throughout the City in response to the emergency; and
WHEREAS, the added expense of these emergency services has caused the City to exceed the total budget for the contract with Bay Area Tree Specialists by approximately forty thousand dollars ($40,000); and
City Council/RSA Agenda 34 Tuesday, August 8, 2023
Resolution No. XXXX-23

WHEREAS, the Third Amendment, in the amount of $40,000, will be funded with unspent funds in the approved FY 2022-2023 Budget: $11,825 in the State Gas Tax Fund (Account Number 2510-3125-33025-54111) and $28,175 in the Street Lights & Landscape Fund (2591-3124-33024-54111).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Manager is hereby authorized to execute the Third Amendment to Construction Agreement C5460, with Bay Area Tree Specialists, in the amount of $40,000, for the 2022-2023 Tree Pruning Project, City Project No. 23-10, for a total contract amount of $1,200,000.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 2023, by the following vote:

City Council/RSA Agenda 35 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH CSG CONSULTANTS, INC., IN THE AMOUNT OF
$81,120, FOR MUNICIPAL PROGRAMMING, FOR A TOTAL CONTRACT AMOUNT OF $395,520
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement (Third Amendment) with CSG Consultants, Inc. (CSG), in the amount of $81,120, for Municipal Programming, for a totalcontract amount of $395,520.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
At the September 8, 2020, City Council Meeting, the City Council passed Resolution No. 5649-20, approving a List of Qualified Consultants from an On-Call Professional Engineering Services Request for Proposal released in July 2020. The firm, CSG Consultants, Inc., of Pleasanton, CA, appeared on the List of Qualified Consultants.

At the September 22, 2020, City Council Meeting, the City Council passed Resolution No. 5665-20, approving a Consulting Services Agreement (C5464) with CSG Consultants, Inc., in the amount of $215,000, for Municipal Programming and Project Management Services, which included the review and issuance of Encroachment Permits.

City Council/RSA Agenda 36 Tuesday, August 8, 2023
At the June 28, 2022, City Council Meeting, the City Council passed Resolution No. 5964-22, approving the First Amendment to the Consulting Services Agreement with CSG Consultants, Inc. (First Amendment), in the amount of $99,400, for a contract total not to exceed $314,400.

As the First Amendment was due to expire on June 30, 2023, the City executed The Second Amendment to the Consulting Services Agreement with CSG Consultants, Inc. (Second Amendment) on June 30, 2023, to extend the term to December 31, 2023.

The Public Works Engineering Division faces both a current staffing shortage and a workload volume that exceed the capacity to handle in-house. Staff continues to rely on CSG to provide valuable assistance and wishes to retain their services for another year.

DISCUSSION
For nearly three years, CSG Consultants, Inc. staff have been instrumental is assisting the Engineering Division with the review, coordination, and approval of Encroachment Permits. The City requires utility companies and development contractors who construct utility, traffic signal, roadway, or sidewalk improvements within the City’s public right of way, to get an Encroachment Permit to ensure that proposed improvements meet the City’s design criteria and standard details. During this time, the City has issued about one thousand eighty-eight (1,088) Encroachment Permits totaling over $1,293,000 in revenue. CSG’s assistance has allowed the Engineers to focus on Capital Improvement Program (CIP) projects, reporting, various meetings, and responding to public inquiries. The significant revenues generated are deposited into the General Fund.

The Third Amendment, in the amount of $81,120, willallow CSG to continue to provide the City with valuable assistance with Encroachment Permits.

FISCAL IMPACT
Fees collected for Encroachment Permits are adequate to cover the cost of the CSG services. The Third Amendment to the Consultant Services Agreement will allow CSG to continue to assist staff with processing Encroachment Permits. The cost for these services is $81,120 and will be funded by the General Fund (Account Number 1110-3103-33003-54110) identified in the approved Two-Year Biennial Operating Budget for FiscalYear 2023-2024 and FiscalYear 2024-2025.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with CSG Consultants, Inc., in the amount of $81,120, for Municipal Programming, for a totalcontract amount of $395,520.

Prepared by:

Eddie Yu, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
City Council/RSA Agenda 37 Tuesday, August 8, 2023
ATTACHMENTS:

Description Type
Attachment 1 - Third Amendment to CSA Attachment
Resolution - CSGThird Amendment,Agreement Resolution
City Council/RSA Agenda 38 Tuesday, August 8, 2023
Third Amendment to the Consulting Services Agreement
CSG Consultants, Inc.

THIRD AMEMDMENT TO THE

CONSULTING SERVICES AGREEMENT
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 8 th day of August
2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and CSG CONSULTANTS, INC. ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on September 22, 2020, the Parties entered into a Consulting Services Agreement, C5464 (the “Agreement”) for Municipal Programming and Project Management and Consultant agreed to provide the City with services for the Engineering Division; and WHEREAS, on June 28, 2022, the Parties entered into a First Amendment to the Consulting Services Agreement, C5464b (the “First Amendment”) to amend the services, extend the term, and increase the compensation; and
WHEREAS, on June 30, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement, C5464c (the “Second Amendment”) to extend the term; and WHEREAS, the Parties desire to amend the Agreement to further extend the term, increase the compensation and further amend the scope of services; and WHEREAS, the City and Consultant desires to enter into this Third Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The term of the Agreement as set forth in the first sentence of Section 1.1, “Term of Services,” is hereby extended to June 30, 2024.

2. The services to be performed by Consultant, as set forth in Section 1, “Services,” Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Third Amendment, attached hereto and incorporated herein by reference.

3. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of eighty-one thousand one hundred and twenty dollars ($81,120). The total compensation under the Agreement, including this Amendment, shall not exceed a total amount of three hundred ninety-five thousand five hundred and twenty dollars ($395,520). The first sentence of Section 2 is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed three hundred ninety-five thousand five hundred and twenty dollars ($395,520), notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

4. All other provisions of the Agreement remain in full force and effect, except as modified City Council/RSA Agenda 39 Tuesday, August 8, 2023
Second Amendment to the Consulting Services Agreement
CSG Consultants, Inc.

by this Third Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY CSG CONSULTANTS, INC.

By By
Joan Malloy, Hatem Ahmed,
City Manager Vice President, Engineering
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 40 Tuesday, August 8, 2023
Second Amendment to the Consulting Services Agreement
CSG Consultants, Inc.

EXHIBIT A

SCOPE OF SERVICES
Municipal Programming
CSG is pleased to continue offering Catherine Chan, EIT (Associate Engineer) to assist the City with encroachment permit services including but not limited to review of construction plans, traffic control measures, and bond requirements.

City Council/RSA Agenda 41 Tuesday, August 8, 2023
Second Amendment to the Consulting Services Agreement
CSG Consultants, Inc.

EXHIBIT B

COST PROPOSAL
Catherine Chan is expected to assist the City up to 8 hours a week at an hourly rate of $195/hour from December 31
st, 2023, until June 31st, 2024. The estimated budget for this work is based on 430 hours and will not exceed $81,120 without prior approval of the City.

City Council/RSA Agenda 42 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CSG CONSULTANTS, INC., IN THE AMOUNT OF $81,120, FOR MUNICIPAL PROGRAMMING, FOR A TOTAL CONTRACT AMOUNT OF $395,520
WHEREAS, the Engineering Division has the need for professional consulting services to ensure that required work continues during times when there is a shortage in staffing, workload is especially heavy, or when the services being utilized are specialized and beyond the capacity of existing staff; and
WHEREAS, at the September 8, 2020, City Council Meeting, the City Council passed Resolution No. 5649-20, approving a List of Qualified Consultants from an On-Call Professional Engineering Services Request for Proposal released in July 2020, and CSG Consultants, Inc., of Pleasanton, CA, was on the List of Qualified Consultants; and WHEREAS, at the September 22, 2020, City Council Meeting, the City Council passed Resolution No. 5665-20, approving a Consulting Services Agreement (C5464) with CSG Consultants, Inc., in the amount of $215,000, for Municipal Programming and Project Management Services, which included the review and issuance of Encroachment Permits; and WHEREAS, on June 30, 2023, the City executed the Second Amendment to the Consulting Services Agreement to extend the term of the expiring current contract to December 30, 2023; and
WHEREAS, in just under three years, CSG Consultants, Inc., has assisted the Engineering Division with the issuance of about 1,088 Encroachment Permits totaling over $1,293,000 in permit fees, and allowing the Engineers to focus on Capital Improvement Program (CIP) projects, reporting, various meetings and responding to public inquiries; and WHEREAS, the Third Amendment to the Consulting Services Agreement will allow CSG Consultants, Inc., to continue to provide assistance with Encroachment Permits; and WHEREAS, the Third Amendment to the Consulting Services Agreement, in the amount of $81,120, will be funded by the General Fund (Account Number 1110-3103-33003- 54110) identified in the approved Two-Year Biennial Operating for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager execute the Third Amendment to the Consulting Services Agreement, with CSG Consultants, Inc., in the amount of $81,120, for Municipal Programming, for a total contract amount of $395,520.

City Council/RSA Agenda 43 Tuesday, August 8, 2023
Resolution No. XXXX-23

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 2023, by the following vote:

City Council/RSA Agenda 44 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CLOSE-OUT LETTER FROM CARGILL, INCORPORATED,

FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY
PROJECT NO. 17-29, INCREASING THE REVENUE PROJECTIONS IN THE STATE GAS TAX FUND BY $112,050, AND APPROPRIATING THE $112,050 TO CITY PROJECT NO. 17-29
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Close-Out Letter from Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, increasing the revenue projections in the State Gas Tax Fund (Fund 2510) by $112,050, and appropriating the $112,050 to City Project No. 17-29.

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
At the March 9, 2021, City Council meeting, the General Manager of East Bay Discharge Authority (EBDA) made a presentation on the proposed Mixed Sea Salt Brine Pipeline Project that would be used by Cargill, Incorporated (Cargill). The pipeline was proposed to be located in the Union City Boulevard right-of-way, within the same project limits as the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

The City, Cargill, and the East Bay Discharge Authority, desired to combine efforts related to the Brine Pipeline City Council/RSA Agenda 45 Tuesday, August 8, 2023
Project and Union City Boulevard Bike Lanes Project. The advantage of combining these two projects was to coordinate a major roadway construction project along Union City Boulevard. In doing so, the project would minimize public inconvenience, traffic delays, disruption to neighborhoods and local commuters, construction noise, and dust. The joint project would also promote public agency collaboration, demonstrate an efficient use of funds, and support projects that provide environmental benefits and protect the San Francisco Bay.

The City and Cargill identified the need to prepare a Cost Sharing Agreement to define and outline the City’s and Cargill’s responsibilities and costs for combining these two projects into one construction contract. On May 6, 2021, the City entered into a Reimbursement Agreement with Cargill, C5737, in the amount of $33,000, for Project Management and City Attorney Costs to develop a Scope of Work for initiating a Cost Sharing Agreement.

O n August 26, 2021, the City entered into Amendment No. 1 to the Reimbursement Agreement with Cargill, Incorporated, C5737b, in the amount of $60,000, for Project Management and City Attorney Costs for revising the Scope of Work and the Cost Sharing Agreement.

On July 26, 2022, the City Councilapproved Resolution No. 5980-22, authorizing the City Manager to execute the Sea Salt Brine Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement, C5737c, in a form approved by the City Attorney, between the City of Union City and Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No.17-29, and increased the revenue projections in the State Gas Tax Fund by $405,000.

DISCUSSION
The City and Cargill have been meeting regularly for the past year to coordinate design issues, and in early June 2023 the combined 100% Plans and Specifications for the Bike Lanes and Brine Pipeline Projects were finalized.

Also, Cargill was active and involved in the selection of the Construction Management firm for the combined project, Park Engineering Inc., attended the Pre-Proposal Meeting on April 26, 2023, reviewed the submitted proposals, and participated in the Construction Management Firm Interviews on June 15, 2023.

On June 23, 2023, Cargill informed the Public Works Director that the construction of the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward was determined to be very challenging and costly because of major utility conflicts within the roadway, and therefore, would be abandoned. Cargill would pursue a more cost-effective pipeline alignment option located to the west of Union City Boulevard in existing open space that includes ponds, marshes, private parcels and levees, and was exercising their right to terminate the Cost Sharing Agreement, See Attachment 1.

Cargill agreed to pay for Project Management, Engineering Design and Legal Costs incurred by the City to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the Close-Out Letter, See Attachment 2.

Elimination of the Brine Pipeline from the Union City Boulevard Bike Lanes Project, City Project No. 17-29, is expected to reduce the construction duration by about eight (8) months because there will be fewer impacts to the underground utilities (PG&E, Alameda County Water District, Union Sanitary District, Comcast, AT&T, etc.) within the roadway. Completion of the Union City Boulevard Bike Lanes Project is scheduled by the end of 2025.

FISCAL IMPACT
Union City will receive a total amount of $112,050, as identified in the Close-Out Letter, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, which includes $20,000 for Project Management, $88,050 for Engineering Design, and $4,000 for Legal Costs. These funds will be used to administer the Union City Boulevard Bike Lanes Project. The receipt of these funds from Cargill will necessitate an increase in the revenue City Council/RSA Agenda 46 Tuesday, August 8, 2023
projection in Account Number 2510-91729-45120 (State Gas Tax Fund – Contributions from Outside/Private Sources) by $112,050. Additionally, in order to expend these funds, an appropriation of $112,050 to the State Gas Tax Fund, Account Number 2510-3199-91729-54110, is needed.

There is no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution:

1. Authorizing the City Manager to execute the Close-Out Letter from Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, and

2. Increasing the revenue projection in Account Number 2510-91729-45120 (State Gas Tax Fund – Contributions from Outside/Private Sources) by $112,050, and

3. Appropriating the $112,050 to City Project No. 17-29 (Account Number 2510-3199-91729-54110).

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Notice of Termination Letter Attachment
Attachment 2 - Close-Out Letter with Attachments Attachment Resolution Resolution
City Council/RSA Agenda 47 Tuesday, August 8, 2023
Cargill, Incorporated 15407 McGinty Rd. West
Wayzata, MN 55391
Phone: 952-742-6780
VIA EMAIL: [email protected]
June 23, 2023
City of Union City, California
34009 Alvarado-Niles Road
Union City, California 94587
Attention: Marilou Ayupan, Public Works Director
Re: Salt Pipeline and Bike Lanes Construction and Cost Sharing Agreement Among City of Union City and Cargill, Incorporated
Dear Ms. Ayupan:

We are writing in connection with that certain Sea Salt Pipeline and Bike Lanes Construction and Cost Sharing Agreement Among City of Union City and Cargill, Incorporated, effective as of July 26, 2022, and as amended by the certain First Amendment thereto, effective as of February 28, 2023 (collectively, the “Agreement”). All defined terms not otherwise defined herein are as defined in the Agreement.

Because all Final Determinations, as defined in Section 4 of the Agreement, have not been made, and will not be made, as of July 1, 2023, Cargill hereby elects to exercise its right to terminate the Agreement pursuant to Section 4 of the Agreement.

Pursuant to Section 15.c of the Agreement, please let us know whether there are any costs charged to Cargill under the Agreement that are outstanding.

Should you have any questions, please do not hesitate to contact me.

Very truly yours,
Don Brown
Land Resources Manager
[email protected]
cc (via email):

Kris Kokotaylo, City Attorney, City of Union City ([email protected]) Tim Oolman, Cargill, ([email protected])
Michael Skoglund, Esq. ([email protected])
City Council/RSA Agenda 48 Tuesday, August 8, 2023
Cargill Salt
Land Management
7220 Central Avenue
Newark, CA 94560-4205
Tel (952) 742-6780
www.cargill.com
July 28, 2023
City of Union City, California
34009 Alvarado-Niles Road
Union City, California 94587
Attention: Marilou Ayupan, Public Works Director
Re: Salt Pipeline and Bike Lanes Construction and Cost Sharing Agreement Among City of Union City and Cargill, Incorporated
Dear Ms. Ayupan:

The purpose of this letter is to close out all costs related to the Sea Salt Pipeline and Bike Lanes Construction and Cost Sharing Agreement Among City of Union City and Cargill, Incorporated, effective as of July 26, 2022, and as amended by the certain First Amendment thereto, effective as of February 28, 2023 (collectively, the “Agreement”). This letter also follows Cargill’s exercise of its right to terminate the Agreement pursuant to its notice, dated June 23, 2023.

Pursuant to Section 15.c, Cargill has the obligation to pay “[a]ll costs charged to Cargill under Section 10 of this Agreement up to the date of termination…” Upon payment of such costs, “Cargill shall have no further obligation to reimburse for or pay any costs under this Agreement.” To date, Cargill has been presented with proposed future costs and contractual exceedances (over stipulated NTE amounts) as follows: (i) Richard K. Tanaka services ($20,000), (ii) Kimberly Horn services ($88,050), and Meyers Nave services ($4,000). Copies are attached for your reference. No outstanding invoices have been presented to Cargill.

While neither request represents costs within the scope of Section 15.c, and the requests are outside of the scope of the cost sharing parameters of Section 10, Cargill is willing to pay for the claimed costs, in the amount of $112,050.00 notwithstanding having no obligation under the Agreement to do so. In short, we are making this contribution because we want to ensure that the bike lane project is a success for Union City.

Please acknowledge that Union City agrees that Cargill’s obligations under Section 15.c are satisfied by executing where indicated below. Feel free to reach out if I can be of any additional assistance.

Best Regards,
Don Brown
Land Resources Manager
[email protected]
Agreed to by:

The City of Union City, A California Municipal Corporation By:

Name:

Title:

Date:

City Council/RSA Agenda 49 Tuesday, August 8, 2023

CARGILL COST TO CLOSE-OUT PROJECT
1) Reimbursement Agreement, dated 5/6/2021 Contract Amount a) Tanaka Reimbursement $23,000.00
b) Meyers Nave $10,000.00
2) Reimbursement Amendment 1 - Dated 8/26/2021
a) Tanaka Reimbursement $35,000.00
b) Meyers Nave $25,000.00
3) Cost Sharing Agreement, dated 7/26/2022 C5947
a) Kimley Horn Design Cost $180,000.00
b) Tanaka Management $75,000.00
TOTAL COST PER ABOVE AGREEMENTS $348,000.00

ADDITIONAL COST TO CLOSE-OUT PROJECT
a) KH Design to remove Cargill Pipelie (7/25/2023 to 12/10/2023 $88,050.00 b) Tanaka Management and QC (7/25/2023 to 12/10/2023 $20,000.00 c) Meyers Nave Legal cost (7/25/2023 to 11/1/2023) $4,000.00 TOTAL ADDITIONAL COST TO CLOSE-OUT PROJECT $112,050.00
City Council/RSA Agenda 50 Tuesday, August 8, 2023
Remarks
Cost Incurred
thru April 2023 Per Agreement. Cargill deposited in advance $33,000 $23,000.00
$10,000.00
Per Agreement. Cargill deposited in advance $60000
$35,000.00
$24,600.00 Verify CAO cost thru April 2023
$217,812.50 Paid by Cargill 7/21/223
$48,200.00 Paid by Cargill 7/21/223
$358,612.50
City Council/RSA Agenda 51 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CLOSE-OUT LETTER

FROM CARGILL, INCORPORATED, FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, INCREASING THE REVENUE PROJECTIONS IN THE STATE GAS TAX FUND BY $112,050, AND
APPROPRIATING THE $112,050 TO CITY PROJECT NO. 17-29
WHEREAS, at the March 9, 2021, City Council meeting, the General Manager of East Bay Discharge Authority (EBDA) made a presentation on the proposed Mixed Sea Salt Brine Pipeline Project (for use by Cargill, Incorporated) including the coordination with the Union City Boulevard Bike Lanes Project, City Project No. 17-29, because the proposed underground transport pipeline would be located along Union City Boulevard within the same project limits; and
WHEREAS, the City and Cargill desired to combine efforts related to the Brine Pipeline Project and Union City Boulevard Bike Lanes Project; and WHEREAS, the advantage of combining these two projects was to coordinate a one-time only major roadway construction project along Union City Boulevard that would minimize public inconvenience, traffic delays, disruption to neighborhoods and local commuters, construction noise, and dust and to promote public agency collaboration and to support projects that provide environmental benefits and protect the San Francisco Bay; and WHEREAS, the Sea Salt Brine Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement between the City of Union City and Cargill identified Union City’s and Cargill’s responsibilities and costs for combining these two projects into one construction contract; and
WHEREAS, on May 6, 2021, the City of Union City entered into a Reimbursement Agreement with Cargill, Incorporated, C5737, in the amount of $33,000, for Project Management and City Attorney Costs to develop a Scope of Work for initiating a Cost Sharing Agreement; and WHEREAS, on August 26, 2021, the City of Union City entered into Amendment No. 1 to the Reimbursement Agreement with Cargill, Incorporated, C5737b, in the amount of $60,000, for Project Management and City Attorney Costs for revising the Scope of Work and the Cost Sharing Agreement; and
WHEREAS, the Sea Salt Brine Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement would require Cargill to pay various costs associated with both projects; and WHEREAS, on July 26, 2022, the City Council approved Resolution No. 5980-22, authorizing the City Manager to execute the Sea Salt Brine Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement, C5737c, in a form approved by the City Attorney, between the City of Union City and Cargill, Incorporated, for the Union City Boulevard Bike Lanes Project, City Project No.17-29, and increased the revenue projections in the State Gas Tax Fund by $405,000; and
City Council/RSA Agenda 52 Tuesday, August 8, 2023
Resolution No. XXXX-23

WHEREAS, at the same meeting, East Bay Discharge Authority and Cargill, Incorporated, presented on the Status of the Mixed Sea Salt Brine Pipeline Project CEQA Process including the Notice of Preparation (NOP); and
WHEREAS, at the same meeting, Public Works and the Engineering Consultant, KimleyHorn, presented on the status of the design of the Union City Boulevard Bike Lanes Project, City Project No. 17-29, incorporating comments by the Bicycle and Pedestrian Advisory Committee (BPAC) from the April 19, 2022, BPAC meeting; and
WHEREAS, over the past year, the City and Cargill have coordinated design issues, met on a regular basis, and then finalized the combined 100% Plans and Specifications for the Bike Lanes and Brine Pipeline Projects in early June 2023; and WHEREAS, on June 23, 2023, Cargill, Incorporated informed the Public Works Director that the construction of the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward was determined to be very challenging and costly because of major utilities conflicts within the roadway, and therefore, would be abandoned in favor of a more cost-effective pipeline alignment option located to the west of Union City Boulevard in existing open space that includes ponds, marshes, private parcels and levees, and was therefore exercising their right to terminate the Cost Sharing Agreement; and WHEREAS, Cargill, Incorporated has agreed to pay for Project Management, Engineering Design and Legal Costs incurred by the City to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the close out letter; and WHEREAS, these reimbursement payments will be deposited into the State Gas Tax Fund, which is being used for the Union City Boulevard Bike Lanes Project, and will be appropriated to the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Close-Out Letter from Cargill, Incorporated for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby increases the revenue projection in Account Number 2510-91729-45120 (State Gas Tax Fund – Contributions from Outside/Private Sources) by $112,050; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $112,050 to the Union City Boulevard Bike Lanes Project, City Project No. 17-29, Account Number 2510-3199-91729-54110 (State Gas Tax Fund – PW General – Union City Boulevard Bike Lanes Project – Professional/Consulting); and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all actions necessary to implement the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8th day of August 2023, by the following vote:

City Council/RSA Agenda 53 Tuesday, August 8, 2023
Resolution No. XXXX-23

5427611.1
City Council/RSA Agenda 54 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
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 RICHARD K. TANAKA, IN THE AMOUNT OF $129,800, FOR PROJECT MANAGEMENT SERVICES FOR THE
UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $324,800
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, Inc., in the amount of $129,800, for Project Management Services, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, increasing the totalcontract amount to $324,800.

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
The Union City Boulevard Bike Lanes Project, City Project No. 17-29 will complete over a two (2) mile gap with buffer Class II bikes lanes along Union City Boulevard (UCB) from Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include City Council/RSA Agenda 55 Tuesday, August 8, 2023
“Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations.

On October 15, 2021, the City Manager enter into a Consulting Services Agreement, with Richard K. Tanaka, C5801, in the amount of $70,000, for Project Management Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to assist Public Works with managing and coordinating the Kimley-Horn and Associates’ Consulting Services Agreement for the engineering design services.

On October 11, 2022, under Resolution No. 6020-22, the City Council approved the First Amendment to the Consulting Services Agreement with Richard K. Tanaka, C5801b, in the amount of $125,000, for continued project management services; assisting with project budget, scope and tracking the overall project schedule; coordinating with Cargill, Incorporated (Cargill) and the Mixed Sea Salt Brine Pipeline project team (including providing comments to the pipeline plans); and performing review and quality control of the Union City Boulevard Bike Lanes Project Plans, Specifications and Estimate.

DISCUSSION
On June 23, 2023, Cargill informed the Public Works Director that they were withdrawing from the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward due to engineering and cost issues. Cargill has agreed to pay for Project Management, Engineering Design and Legal Costs incurred by the City, in the amount of $112,050, to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the Cargill Close-Out Letter dated July 28, 2023.

The Second Amendment to the Consulting Services Agreement with Richard Tanaka, in the amount of $129,800, will provide Project Management Services related to removing the Cargill pipeline project from the Union City Boulevard Bike Lanes Project, including such tasks as coordinating with Kimley-Horn and Associates, Inc., to finalize plans, specifications and estimates and performing quality control assurance. The amendment will also include tasks to provide oversight during the construction phase, including assisting the City with the bidding and award of the construction contract, managing project scope and budgets of design firms and construction management firm, and assisting the City with any dispute resolutions.

Completion of Final Plans, Specifications and Engineer’s Estimate for Union City Boulevard Bike Lanes Project, City Project No. 17-29, for advertisement is expected by late September 2023 with contract award in December 2023. Construction is scheduled to begin January 2024 with completion by late 2025.

FISCAL IMPACT
The total cost of the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, for Project Management Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, is $129,800, and will be funded with $20,000 from Gas Tax funds (Account Number 2510-3199-91729-54110) per the Cargill Close-Out Letter and $109,800 from Measure B ACTIA Bike and Ped Paths funds (Account Number 2543-3199-91729-54110), which were included in the approved Two-Year Biennial Budget for Fiscal Year 2023-2024 and FiscalYear 2024-2025.

RECOMMENDATION
City Council/RSA Agenda 56 Tuesday, August 8, 2023
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, Inc., for Project Management Services, in the amount of $129,800, for the Union City Boulevard Bike Lanes Project, City Project No. 17- 29, increasing the totalcontract amount to $324,800.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Second Amendment Attachment
Resolution - Second Amendment, Richard TanakaAgreement Resolution City Council/RSA Agenda 57 Tuesday, August 8, 2023

SECOND AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT
THIS SECOND AMENDMENT is effective as of this 25th day of July 2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Richard K. Tanaka, ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on October 15, 2021, the Parties entered into a Contractual Services Agreement, C5801 (“Agreement”) wherein the Consultant will provide the City with services related to the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on October 11, 2022, the Parties entered into a Amendment No. 1, C5801b (“Amendment No. 1”) wherein the Consultant will provide the City with additional services related to the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, the Parties desire to amend the Agreement to include additional scope of services to be provided by the Consultant; 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 Work, as set forth in Exhibit A of the Agreement, is hereby amended to include the services set forth in Exhibit A of this Second Amendment, attached hereto and incorporated herein by reference.

2. The Compensation, as set forth in Exhibit B of the Agreement, is hereby amended to reflect payment based upon a sum increase of One Hundred Twenty Nine Thousand Eight Hundred Dollars ($129,800), as set forth is Exhibit B of this Second Amendment, attached hereto and incorporated herein by reference. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Three Hundred Twenty Four Thousand Eight Hundred Dollars ($324,800). The first sentence of Section 2 "COMPENSATION" of the Agreement shall now read:

City hereby agrees to pay Consultant a sum not to exceed Three Hundred Twenty Four Thousand Eight Hundred Dollars ($324,800) 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 hereby extended to December 31, 2025.

4. All other provisions of the Agreement, as previously amended by the First Amendment, remain unchanged except as modified by this Second Amendment.

City Council/RSA Agenda 58 Tuesday, August 8, 2023
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY RICHARD K. TANAKA
By By
Joan Malloy,
City Manager
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 59 Tuesday, August 8, 2023

EXHIBIT A

SCOPE OF SERVICES
Task 1: Delete Cargill Pipeline Project
Perform duties of Project Manager to delete Cargill Pipeline Project from the Bike Lane Project. The tasks include coordination with Kimley Horn to finalize PS&E and perform quality control assurance.

Task 2: Perform duties of Project Manager for City of Union City for the bike lane project during construction phase as follows:
i. Assist City with bidding phase and award of the construction contract. ii. Manage project scope and budgets of design firms and construction management firm.
iii. Work and coordinate with construction management team and contractor related to construction schedule, disputes, and issues. iv. Attend construction meetings as required.
v. Work with designers for RFI, clarifications and additional information/details necessary for the clarification or issuance of contract change order.
vi. Assist City with dispute resolutions.
vii. Assist City with Project Close-out.

City Council/RSA Agenda 60 Tuesday, August 8, 2023
First Amendment of the Contractual Services Agreement
City of Union City and Rickard K. Tanaka

EXHBIT B

COS PROPOSAL
(Include Hourly Rate Schedule)
Task Scope Hours Hourly
Rates
Total Fee
1 Update PS&E to delete Cargill Pipeline 72 $275 $19,800 2 Project Management Services during construction 400 $275 $110,000 Total 372 $129,800
City Council/RSA Agenda 61 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH RICHARD K. TANAKA, IN THE AMOUNT OF $129,800, FOR PROJECT

MANAGEMENT SERVICES FOR THE UNION CITY BOULEVARD BIKE
LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $324,800
WHEREAS, the Union City Boulevard Bike Lanes Project, City Project No. 17- 29, will complete over a two mile gap with buffer Class II bikes lanes along Union City Boulevard (UCB) from the Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations; and WHEREAS, at the March 9, 2021, City Council meeting, the General Manager of East Bay Discharge Authority (EBDA) made a presentation on the proposed Mixed Sea Salt Brine Pipeline Project (for use by Cargill, Incorporated) including the coordination with the Union City Boulevard Bike Lanes Project, City Project No. 17-29, because the proposed underground transport pipeline would be located along Union City Boulevard within the same project limits; and
WHEREAS, the City and Cargill desired to combine efforts related to the Brine Pipeline Project and the Union City Boulevard Bike Lanes Project; and WHEREAS, the advantage of combining these two projects was to coordinate a one-time only major roadway construction project along Union City Boulevard that would minimize public inconvenience, traffic delays, disruption to neighborhoods and local commuters, construction noise, and dust and to promote public agency collaboration and to support projects that provide environmental benefits and protect the San Francisco Bay; and
WHEREAS, the Sea Salt Brine Pipeline and Bike Lanes Project Construction and Cost Sharing Agreement between the City of Union City and Cargill identified Union City’s and Cargill’s responsibilities and costs for combining these two projects into one construction contract; and
WHEREAS, on October 15, 2021, the City Manager enter into a Consulting Services Agreement, with Richard K. Tanaka, C5801, in the amount of $70,000, for Project Management Services for the Union City Boulevard Bike Lanes Project, City City Council/RSA Agenda 62 Tuesday, August 8, 2023
Resolution XXXX-23

Project No. 17-29, to assist Public Works with managing and coordinating the KimleyHorn and Associates’ Consulting Services Agreement for the engineering design services; and
WHEREAS, on July 26, 2022, the City Council 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, and increasing the revenue projections in the Gas Tax Fund by $405,000; and WHEREAS, on October 11, 2022, under Resolution No. 6020-22, the City Council approved the First Amendment to the Consulting Services Agreement with Richard K. Tanaka, C5801b, in the amount of $125,000, for continued project management services, assisting with project budget, scope and tracking the overall project schedule, coordinating with Cargill and the Pipeline project team (including providing comments to the pipeline plans), performing review and quality control of the Union City Boulevard Bike Lanes Project Plans, Specifications and Estimate; and WHEREAS, over the past year, the City and Cargill have coordinated design issues, met on a regular basis, and then finalized the combined 100% Plans and Specifications for the Bike Lane and Brine Pipeline Projects in early June 2023; and WHEREAS, on June 23, 2023, Cargill Incorporated informed the Public Works Director that the construction of the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward was determined to be very challenging and costly because of major utilities conflicts within the roadway, and therefore, would be abandoned in favor of a more cost-effective pipeline alignment option located to the west of Union City Boulevard in existing open space that includes ponds, marshes, private parcels and levees and was therefore exercising their right to terminate the Cost Sharing Agreement; and
WHEREAS, Cargill, Incorporated has agreed to pay for Project Management, Engineering Design and Legal Costs, in the amount of $112,050, incurred by the City to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the Cargill Close-Out Letter dated July 28, 2023; and WHEREAS, the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, in the amount of $129,800, will provide Project Management services related to removing the Cargill pipeline project from the Union City Boulevard Bike Lanes Project, including such tasks as coordinating with Kimley-Horn and Associates, Inc., to finalize plans, specifications and estimates and performing quality control assurance. The amendment will also include tasks to provide oversight during the construction phase, including assisting the City with the bidding and award of the construction contract, managing project scope and budgets of design firms and construction management firm, and assisting the City with any dispute resolutions.

City Council/RSA Agenda 63 Tuesday, August 8, 2023
Resolution XXXX-23

WHEREAS, the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, Inc., in the amount of $129,800, for Project Management Services, will be funded with $20,000 from Gas Tax funds (Account Number 2510-3199-91729- 54110) per the Cargill Close-Out Letter and $109,800 from Measure B ACTIA Bike and Ped Paths funds (Account Number 2543-3199-91729-54110), which were included in the approved Two-Year Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024- 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with Richard K. Tanaka, of San Jose, CA, which increases the current contract by $129,800, bringing the total contract amount to $324,800, for Project Management Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th
day of August 2023, by the following
vote:

City Council/RSA Agenda 64 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIFTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $286,000, FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $1,842,355
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $286,000, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, increasing the total contract amount to $1,842,355.

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
The Union City Boulevard Bike Lanes Project, City Project No. 17-29, will complete over a two (2) mile gap with buffer Class II bike lanes along Union City Boulevard (UCB) from Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to schooland City Council/RSA Agenda 65 Tuesday, August 8, 2023
a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations.

On July 23, 2019, the City Council adopted Resolution No. 5510-19 approving a Consulting Services Agreement, C5363, with Kimley-Horn and Associates, Inc., to complete the Final Plans, Specifications and Estimate, in the amount of $537,900, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

On May 26, 2020, the City Council adopted Resolution No. 5604-20 approving the First Amendment to the Consulting Services Agreement, C5439, with Kimley-Horn and Associates, Inc., in the amount of $287,000, for design refinement revisions, bringing the total contract amount to $824,900, to complete the Final Plans, Specifications and Estimate (PS&E).

On October 12, 2021, the City Counciladopted Resolution No. 5835-21 approving the Second Amendment to the Consulting Services Agreement, C5439b, with Kimley-Horn and Associates, Inc., in the amount of $348,000, for adding traffic control measures at intersection crossings, evaluating additional intersection crossings, improving street lighting illumination and extending the buffer bike lanes to Smith Street; and design refinement revisions, bringing the totalcontract amount to $1,172,900, to complete the Final PS&E.

On January 25, 2022, the City Council adopted Resolution No. 5883-22 approving the Third Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., C5439c, in the amount of $75,000, for roadway drainage design consisting of 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 Specifications for reducing flooding along Union City Boulevard within the proposed bike lanes.

On September 27, 2022, the City Council of Union City adopted Resolution No. 6008-22, approving the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., C5439d, in the amount of $308,455, for coordination meetings with the Cargill, Incorporated (Cargill) Mixed Sea Salt Brine Pipeline project team and refining the Project Plans, Specifications and Estimate to integrate the pipeline design, revising the Construction Details, Utility Plans, Stage Construction/Traffic Handling Plans and Summary of Quantity Plans. The amendment also included other design refinements at the Dyer Street/Union City Boulevard intersection, fiber optics for traffic signal systems, water quality treatment areas, additional trail signage and tree removal plans.

DISCUSSION
On June 23, 2023, Cargill informed the Public Works Director that they were withdrawing from the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward due to engineering and cost issues. Cargill has agreed to pay for Project Management, Engineering Design and Legal Costs incurred by the City to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the CloseOut Letter dated July 28, 2023.

The Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, in the amount of $286,000, includes all of the revisions necessary to revise the construction drawings to remove the Cargill pipeline and some additional tasks. Amendments as a result of Cargill's withdrawal from the project include updating the traffic handling and stage construction plans, revisions to the remaining plans to remove any reference to Cargill Brine Pipeline project, revisions to the specifications to remove any reference to Cargill Brine Pipeline project; and revisions and updates to the engineer’s estimates. New tasks include incorporation of landscaping and irrigation plans and specifications into the construction contract documents; and design of conduit from southern project limits at Lowry Road to the north project limits at Smith Street, including connection to every traffic signal and the Mark Green Sports Center. Kimley-Horn willalso provide support during bidding and construction.

City Council/RSA Agenda 66 Tuesday, August 8, 2023
Completion of Final Plans, Specifications and Engineer’s Estimate for Union City Boulevard Bike Lanes Project, City Project No. 17-29, for advertisement is expected by late September 2023 with contract award in December 2023. Construction is scheduled to begin January 2024 with completion by late 2025.

FISCAL IMPACT
The total cost of the Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., for the additional design of removing the Brine Pipeline project and adding other design refinements for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, is $286,000, and will be funded with $88,050 from the State Gas Tax Fund (Account Number 2510-3199-91729-54110) per the Cargill Close-Out Letter, and $197,950 from the Measure B ACTIA Bike and Ped Paths Fund (Account Number 2543-3199-91729-54110) which was budgeted in the approved Two-Year Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024- 2025.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $286,000, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, increasing the total contract amount to $1,842,355.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Fifth Amendment Attachment
Resolution Resolution
City Council/RSA Agenda 67 Tuesday, August 8, 2023
City Council/RSA Agenda 68 Tuesday, August 8, 2023
City Council/RSA Agenda 69 Tuesday, August 8, 2023
City Council/RSA Agenda 70 Tuesday, August 8, 2023
City Council/RSA Agenda 71 Tuesday, August 8, 2023
City Council/RSA Agenda 72 Tuesday, August 8, 2023
City Council/RSA Agenda 73 Tuesday, August 8, 2023
City Council/RSA Agenda 74 Tuesday, August 8, 2023
City Council/RSA Agenda 75 Tuesday, August 8, 2023
City Council/RSA Agenda 76 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIFTH

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $286,000,

FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY
PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $1,842,355 WHEREAS, the Union City Boulevard Bike Lanes Project, City Project No. 17- 29, will complete over a two-mile gap with buffer Class II bike lanes along Union City Boulevard (UCB) from Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations; and WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 5510-19 approving a Consulting Services Agreement, C5363, with Kimley-Horn and Associates, Inc., to complete the Final Plans, Specifications and Estimate, in the amount of $537,900 for the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on May 26, 2020, the City Council adopted Resolution No. 5604-20 approving the First Amendment to the Consulting Services Agreement, C5439, with Kimley-Horn and Associates, Inc., in the amount of $287,000, for design refinement revisions, bringing the total contract amount to $824,900, to complete the Final Plans, Specifications and Estimate (PS&E); and
WHEREAS, at the March 9, 2021, City Council meeting, the General Manager of East Bay Discharge Authority (EBDA) made a presentation on the proposed Mixed Sea Salt Brine Pipeline Project (for use by Cargill, Incorporated) including the coordination with the Union City Boulevard Bike Lanes Project, City Project No. 17-29, because the proposed underground transport pipeline would be located along Union City Boulevard within the same project limits; and
WHEREAS, the City and Cargill desired to combine efforts related to the Brine Pipeline Project and the Union City Boulevard Bike Lanes Project; and WHEREAS, the advantage of combining these two projects was to coordinate a one-time only major roadway construction project along Union City Boulevard that would minimize public inconvenience, traffic delays, disruption to neighborhoods and local commuters, construction noise, and dust and to promote public agency collaboration City Council/RSA Agenda 77 Tuesday, August 8, 2023
Resolution No. XXXX-23

and to support projects that provide environmental benefits and protect the San Francisco Bay; and
WHEREAS, the Sea Salt Brine Pipeline and UCB Bike Lanes Project Construction and Cost Sharing Agreement between the City of Union City and Cargill identified Union City’s and Cargill’s responsibilities and costs for combining these two projects into one construction contract; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5835-21 approving the Second Amendment to the Consulting Services Agreement, C5439b, with Kimley-Horn and Associates, Inc., in the amount of $348,000, for adding traffic control measures at intersection crossings, evaluating additional intersection crossings, improving street lighting illumination and extending the buffer bike lanes to Smith Street; and design refinement revisions, bringing the total contract amount to $1,172,900, to complete the Final PS&E; and
WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 5883-22 approving the Third Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., C5439c, in the amount of $75,000, for roadway drainage design consisting of 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 Specifications for reducing flooding along Union City Boulevard within the proposed bike lanes; and WHEREAS, on September 27, 2022, the City Council of Union City adopted Resolution No. 6008-22, approving the Fourth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., C5439d, in the amount of $308,455, for coordination meetings with the Brine Pipeline project team and refining the Project Plans, Specifications and Estimate to integrate the pipeline design, revising the Construction Details, Utility Plans, Stage Construction/Traffic Handling Plans and Summary of Quantity Plans. The amendment also included other design refinements at the Dyer Street/Union City Boulevard intersection, fiber optics for traffic signal systems, water quality treatment areas, additional trail signage and tree removal plans; and WHEREAS, over the past year, the City and Cargill have coordinated design issues, met on a regular basis, and then in early June 2023, finalized the combined 100% Plans and Specifications for the Bike Lanes and Brine Pipeline Projects; and WHEREAS, on June 23, 2023, Cargill, Incorporated informed the Public Works Director that the construction of the Mixed Sea Salt Brine Pipeline along Union City Boulevard in Union City and Hesperian Boulevard in Hayward was determined to be very challenging and costly because of major utilities conflicts within the roadway, and therefore, would be abandoned in favor of a more cost-effective pipeline alignment option located to the west of Union City Boulevard in existing open space that includes City Council/RSA Agenda 78 Tuesday, August 8, 2023
Resolution No. XXXX-23

ponds, marshes, private parcels and levees and was therefore exercising their right to terminate the Cost Sharing Agreement; and
WHEREAS, Cargill, Incorporated has agreed to pay for Project Management, Engineering Design and Legal Costs, in the amount of $112,050, incurred by the City to revise the Union City Boulevard Bike Lanes Project, City Project No. 17-29, to eliminate all references to the Brine Pipeline project, and the obligation to make such payments is memorialized in the Cargill Close-Out Letter dated July 28, 2023; and WHEREAS, the Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., includes revisions to the traffic handling and stage construction plans based on the removal of the Cargill Sea Salt Brine Pipeline project work from the Project, revisions to the remaining plans to remove any reference to Cargill Brine Pipeline project, revisions to the specifications to remove any reference to Cargill Brine Pipeline project, incorporation of landscaping and irrigation plans and specifications into the construction contract documents, revisions and updates to the engineer’s estimates, design of conduit from southern project limits at Lowry Road to the north project limits at Smith Street, including connection to every traffic signal and the Mark Green Sports Center; and
WHEREAS, the Fifth Amendment, if approved, to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $286,000, will be funded with $88,050 from Gas Tax funds (Account Number 2510-3199-91729-54110) per the Cargill Close-Out Letter, and $197,950 from the Measure B ACTIA Bike and Ped Paths Fund (Account Number 2543-3199-91729-54110) which was budgeted in the approved Two-Year Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024- 2025; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fifth Amendment to the Consulting Services Agreement with Kimley-Horn and Associates, Inc., of Pleasanton, CA, which increases the current contract by $286,000, bringing the total contract amount to $1,842,355, to assist Public Works with the completion of the Final PS&E for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 2023, by the following
vote:

City Council/RSA Agenda 79 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH PGA DESIGN INC., IN THE AMOUNT OF $40,000, FOR

PREPARATION OF THE FINAL LANDSCAPE PLANS AND SPECIFICATIONS

AND TO PROVIDE DESIGN SERVICES DURING CONSTRUCTION FOR

THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $181,658
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $40,000, for preparation of the final landscape plans and specifications and to provide design services during construction for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, for a totalcontract amount of $181,658.

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
The Union City Boulevard Bike Lanes Project, City Project No. 17-29, will complete over two miles of buffer Class II bike lanes along Union City Boulevard (UCB) from the Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Streets” improvements at all intersections including traffic signal modifications, a new multi-purpose trailalong UCB adjacent to Delaine Eastin Elementary School, City Council/RSA Agenda 80 Tuesday, August 8, 2023
providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations.

DISCUSSION
On September 21, 2021, the City Manager enter into a Consulting Services 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 development of landscape concepts that will be incorporated in the Final Design Plans prepared by Engineering Consultant, Kimley-Horn and Associates.

On July 1, 2022, the City Manager enter into a First Amendment of Consulting Services Agreement, C5794b, with PGA Design Inc., in the amount of $28,458, for preparation of the Arborist Report of existing trees along Union City Boulevard, totaling $73,458.

On April 11, 2023, the City Council adopted Resolution No. 6101-23, 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 cost of $141,658. The Landscape Plans would include 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.

Over the past months, Kimley-Horn Associates and PGA Design have coordinated the bikeway/roadway improvements with the proposed landscape design, met on a regular basis, and then in early June 2023, finalized the 100% Plans and Specifications for the combined Bike Lanes and Brine Pipeline Projects.

The Third Amendment, in the requested amount of $40,000, if approved, will bring the total contract amount to $181,658, and will allow the firm of PGA Design Inc., to prepare Final Landscape Plans and Specifications for Advertisement ($20,000) and to provide Design Services during Construction ($20,000) for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

Completion of Final Plans, Specifications and Engineer’s Estimate for Union City Boulevard Bike Lanes Project, City Project No. 17-29, for advertisement is scheduled for late September 2023 with contract award in December 2023. Construction is scheduled to begin January 2024 with completion by late 2025.

FISCAL IMPACT
The Third Amendment to the Consulting Services Agreement with PGA Design Inc., for preparation of final landscape plans and specifications and to provide design services during construction for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, at a cost of $40,000, will be funded with Measure B ACTIA Bike and Ped Paths funds (Account Number 2543-3199-91729-54110), which were budgeted in the approved Two-Year Biennial Budget for FiscalYear 2023-2024 and FiscalYear 2024-2025.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $40,000, for preparation of the landscape plans and specifications and to provide design services during construction for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29, for a totalcontract amount of $181,658.

City Council/RSA Agenda 81 Tuesday, August 8, 2023
Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Third Amendment to CSA Attachment
Resolution Resolution
City Council/RSA Agenda 82 Tuesday, August 8, 2023
P age 1 | 4

THIRD AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5794)
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 25th day of July 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 Contractual 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 provide additional services to prepare tree survey report; and
WHEREAS, on April 11, 2023, the Parties entered into a Second Amendment to provide additional services to prepare final landscape plans and specifications; and WHEREAS, the Parties now desire to amend the Agreement to expand the scope of services to be provided by the Consultant for the incorporation of landscape plans and specifications as part of the UC Bike Lane Project and to provide support for bidding and construction phase; and WHEREAS, the City and Consultant desires to enter into this Third 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" of the Agreement is hereby amended to reflect payment based upon a sum increase of Forty Thousand Two Hundred Dollars ($40,000.00) as detailed in Exhibit A. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Hundred Eighty One Thousand Six Hundred Fifty-Eight Dollars ($181,658.00). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Hundred Eighty One Thousand Six Hundred Fifty-Eight Dollars ($181,658.00) not withstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

3. Section 1.1, “Term of Services” is revised to extend the term of the Agreement to December 31, 2025.

3. All other provisions of the Agreement (as previously amended), remain unchanged except as modified by this Third Amendment.

City Council/RSA Agenda 83 Tuesday, August 8, 2023
P age 2 | 4
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY PGA DESIGN INC.

By By
Joan Malloy Christopher W. Kent
City Manager Principal
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 84 Tuesday, August 8, 2023
P age 3 | 4

EXHIBIT A

ADDITIONAL SERVICES
For Union City Boulevard Bike Lane Project
To prepare final landscape plans and specifications
This additional scope of services is to prepare final landscape plans and specifications and to provide construction phase support services for Union City Boulevard Bike Lane Project.

SUMMARY OF WORK
Planting, irrigation, and Tree Protection plans, specifications, and estimates for the select areas of Union City Boulevard.

Task 4.0 Final Plans, Specifications and Cost Estimates as part of the UC Bike Lane Project Task 5.0 Bidding and Construction Phase Support Services

DETAILED SCOPE OF WORK
Task 4.0 Plans, Specifications, and Cost Estimates (100% and Bid Ready) Task 4.1 95% and 100% and Bid Ready Plans and Specifications o Prepare 95% and 100% and bid ready landscape plans and specifications. Work with Kimley Horn to merge landscape plans as part of the UC Bike Lane Project. Plans will be submitted and reviewed in two separate submittals as part of the KH Bike Lane Project.

Task 4.2 100% Cost Estimates
o Prepare a 100% cost estimate based on the landscape design.

Task 5.0 Bidding and Construction Phase Support Services o Provide support services during bidding phase, including attendance of the Pre-Bid Meeting, addendums if required, and review of bids.
o Construction Phase Support Services

1. Attend meetings as requested.

2. Provide design clarifications.

3. Assist in the preparation of CCO as required.

4. Provide As-built drawings.

5. Assist in project close-out.

City Council/RSA Agenda 85 Tuesday, August 8, 2023
P age 4 | 4
Design Fees
Services described above will be billed on a time and material basis not to exceed as follows:

Task 4.0 Plans, Specifications and Cost Estimates
Task 5.0 Bidding and Construction Phase Support Services $20,000
$20,000
Total $40,000
City Council/RSA Agenda 86 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH PGA DESIGN INC., IN THE AMOUNT OF $40,000, FOR PREPARATION

OF THE FINAL LANDSCAPE PLANS AND SPECIFICATIONS AND

TO PROVIDE DESIGN SERVICES DURING CONSTRUCTION FOR

THE UNION CITY BOULEVARD BIKE LANES PROJECT,
CITY PROJECT NO. 17-29, FOR A TOTAL CONTRACT AMOUNT OF $181,658 WHEREAS, the Union City Boulevard Bike Lanes Project, City Project No. 17- 29, will complete over two miles of buffer Class II bike lanes along Union City Boulevard (UCB) from the Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations; and WHEREAS, on September 21, 2021, the City Manager enter into a Consulting Services 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 development of landscape concepts that will be incorporated in the Final Design Plans prepared by Engineering Consultant, Kimley-Horn and Associates; and
WHEREAS, on July 1, 2022, the City Manager enter into a First Amendment of Consulting Services Agreement, C5794b, with PGA Design Inc., in the amount of $28,458, for preparation of the Arborist Report, totaling $73,458; and WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 6101- 23, 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 cost of $141,658. The Landscape Plans would include 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; and WHEREAS, over the past months, Kimley-Horn Associates and PGA Design have coordinated the bikeway/roadway improvements with the proposed landscape design, met on a regular basis, and then in early June 2023, finalized the 100% Plans and City Council/RSA Agenda 87 Tuesday, August 8, 2023
Resolution No. XXXX-23

Specifications for the combined Bike Lanes and Brine Pipeline Projects.

WHEREAS, the Third Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $40,000, will finalize the Landscape Plans and Specifications ($20,000) and will provide design services during construction ($20,000) for the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, the Third Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $40,000, will be funded with Measure B ACTIA Bike and Ped Paths funds (Account Number 2543-3199-91729-54110) which is budgeted in the approved Two-Year Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Third Amendment to the Consulting Services Agreement with PGA Design Inc., of Oakland, CA, which increases the current contract by $40,000, bringing the total contract amount to $181,658, for preparation of final landscape plans and specification and for design services during construction for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 2023, by the following
vote:

City Council/RSA Agenda 88 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTING SERVICES AGREEMENT WITH CAL-WEST
LIGHTING & SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF
$200,000, FOR STREET LIGHT MAINTENANCE, ON-CALL SUPPORT AND EMERGENCY REPAIR SERVICES, CITY PROJECT NO. 23-17
Staff recommends that the City Council authorize the City Manager to execute a Consulting Services Agreement with Cal-West, in the amount of $200,000, for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17.

STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.

BACKGROUND
Union City owns and maintains approximately 4,300 streetlights. These streetlights consist mostly of cobra head streetlights, a number of decorative streetlights in the Station District, and Victorian-style (acorn-top) pedestrian lights along Mission Boulevard. The equipment and systems include street lighting, parking lot lighting, park lighting, City facility external lighting, and other related facilities requiring specialized expertise for maintenance and upgrades that goes beyond the capabilities of in-house staff.

DISCUSSION
O n May 24, 2023, the City of Union City released a Request for Proposal (RFP) for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17, see Attachment 1.

On June 14, 2023, the City of Union City received four proposals from Advanced Lighting Services, Bear City Council/RSA Agenda 89 Tuesday, August 8, 2023
Electrical Solutions, St. Francis Electric, and Cal-West Lighting & Signal Maintenance, Inc. Subsequent interviews were held by Public Works staff, and Cal-West Lighting & Signal Maintenance, Inc. was selected because of their project understanding, project qualifications, local knowledge, similar project experience, competitive service fees, and favorable reference checks.

Cal-West is the City's current streetlight maintenance contractor and demonstrates a high level of technical expertise and experience in street light maintenance. Their proposal outlines a comprehensive understanding of the complexities and requirements associated with maintaining streetlights, including troubleshooting, repairs, maintenance, and emergency support.

Cal-West presents a strong track record in successfully delivering streetlight maintenance services for Union City and other Bay Area cities. Cal-West has extensive experience with street light systems and is very familiar with the City’s infrastructure, geographic complexities, and intricacies of each streetlight. City staff collaborate and coordinate extensively with Cal-West staff, who are readily available and responsive.

Cal-West will continue to perform the City’s routine streetlight maintenance activities, assist and support the City’s Citywide LED Conversion Projects, and respond to emergency callouts for street light outages and street light pole knockdowns.

At the June 13, 2023, City Council meeting, Public Works and Advance Mobility Group made a presentation on the City’s Local Roadway Safety Plan (LRSP) identifying the City’s High-Injury Networks (HIN) of pedestrian, bicycle, and vehicle accidents along Decoto Road, Alvarado-Niles Road, Dyer Street and Union City Boulevard, see Attachment 2. The LRSP also included a community survey on “What is the biggest concern related to transportation safety?” The top four concerns are: 1) Aggressive Driving, 2) Poor Lighting/Lack of Lighting, 3) Vehicle Speeding and 4) Distracted Drivers. With poor lighting/lack of lighting a concern with our community, Public Works Streets Division willcoordinate with Cal-West in developing a proactive plan to identify and report streetlight outages along roadways, especially in preparation for the end of “Daylight Savings Time” on November 5, 2023.

Street Light Maintenance service costs are as follows:

Routine On-Call Street Light Maintenance $70,000/year
Maintenance Extras (Emergency Calls/Knockdowns) $25,000/year Maintenance Extras (Special Projects) $5,000/year
ANNUAL TOTAL $100,000/year
2-YEAR CONTRACT TOTAL $200,000
Staff recommends awarding the contract to Cal-West Lighting & Signal Maintenance, Inc. of San Jose, California, in the amount of $200,000. The term of the agreement will be for two years, effective August 1, 2023 to July 31, 2025.

FISCAL IMPACT
The Consulting Services Agreement with Cal-West, in the amount of $200,000 for two years, will be funded by the Street Lights & Landscape Fund (Account Number 2591-3105-33005-54111), which was included in the approved Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17.

City Council/RSA Agenda 90 Tuesday, August 8, 2023

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute a Consulting Services Agreement with Cal-West, in the amount of $200,000, for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17.

Prepared by:

Eddie Yu, Civil Engineer II
Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Streetlight Maintenance RFP Attachment
Attachment 2 - Local Roadway Safety Plan Attachment
Attachment 3 - CSA Attachment
Resolution Resolution
City Council/RSA Agenda 91 Tuesday, August 8, 2023

REQUEST FOR PROPOSALS (RFP)
FOR

STREET LIGHT MAINTENANCE, ON-CALL

SUPPORT, AND EMERGENCY REPAIR SERVICES
CITY PROJECT No. 23-17
Submission Deadline:

June 14, 2023 at 2:00 P.M. PST
City of Union City
Department of Public Works
34009 Alvarado-Niles Road
Union City, California 94568
City Council/RSA Agenda 92 Tuesday, August 8, 2023
1 – PROJECT OVERVIEW
Background
Union City currently owns and maintains approximately 4,300 street lights within the City limit. These street lights are predominantly cobra head lighting standard (single or double arm), which are similar to Caltrans standard, spaced approximately 200 feet apart, and some mounted atop wooden utility poles. A number of decorative street lights, such as Acorn posttop, open post top, etc. are located in the residential areas and Station District (See Appendix C – Decorative Light Fixture within City Limit). The City also owns and maintains two-fixture Victorian Style Acorn top pedestrian lights along Mission Boulevard.

City converted all High Pressure Sodium (HPS) street lights to more efficient induction lighting about 12 year ago. However, these lights have been failing at a rapid rate and it is becoming difficult to find replacement bulbs. City has replaced the induction bulbs with the Light-Emitting Diode (LED) light fixture where feasible. The online GIS street light map can be viewed in the link under Legends > Streetlights (under Planning Data):
http://maps.digitalmapcentral.com/production/vecommunityview/cities/unioncity/index.aspx Services Requested
The City desires to contract for the maintenance and repair of the City’s streetlights, and other public lighting. The Contractor will provide these services for various equipment and systems, including (but not limited to) city owned streetlights, parking lot lighting, park lighting, city facility external lighting, and other related facilities as needed. The Contractor will furnish all necessary materials, equipment, labor, and incidentals as required, to perform such maintenance, on-call and emergency repair services as specified in this Request for Proposals (RFP).

Term
Unless earlier terminated as allowed for in the Sample Maintenance Agreement (Appendix B) the term shall be for a period of one (1) full fiscal year. The term is intended to commence on August 1
st and terminate on July 31st
, 2024. The term of the
agreement shall be extended for up to three (3) additional one (1) year terms with the extensions to commence upon the expiration of the initial term or any extended term unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term of its intent to terminate the agreement at the conclusion of the initial term or any extension.

Prevailing Wages
In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Copies of such prevailing rate of per diem wages can be found at the following website:
http://www.dir.ca.gov/DLSR/PWD/index.htm.

City Council/RSA Agenda 93 Tuesday, August 8, 2023
Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to California Labor Code section 1725.5.

Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2 – ANTICIPATED SCHEDULE
• May 24, 2023 - RFP available on City of Union City website • June 7, 2023 at 5 pm - Submission deadline for written questions • June 9, 2023 - Responses to written questions available on City website • June 14, 2023, at 2 pm - Proposals due
• Week of June 19, 2023 – If necessary, interviews with highest ranked proposers.

Interviews will be conducted in an informal format and it is anticipated that only the proposed Consultant Project Manager will attend.
• July 11, 2023 - Recommendation for contract award to City Council 3 – PROPOSAL REQUIREMENTS

3.1 SUBMITTAL OF PROPOSAL
Proposals are due by: 2:00PM PST, Wednesday, June 14, 2023. All proposals mailed or delivered shall be submitted in a sealed envelope. The envelope shall be clearly labeled on the outside “REQUEST FOR PROPOSAL (RFP) FOR STREET LIGHT MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES (CITY PROJECT No. 23-17)” and include Business name; Proposer’s Contact Name; Phone Number; E-Mail; and Current Mailing Address. Mail or deliver to:

CITY OF UNION CITY
Public Works Department
34009 Alvarado-Niles Road
Union City, CA 94587
Attention: Eddie Yu, PE
Civil Engineer II
Proposals can also be sent by email to [email protected] by June 14, 2023 before 2:00PM PST. Include proposal name and name of the proposer in the email’s subject line.

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All inquiries to the RFP must be submitted in writing to Eddie Yu by email at [email protected] on or before 5:00PM, June 7, 2023. Responses from City will be communicated in writing to all recipients of this RFP and published on the City online procurement website.

All responses, inquiries, and correspondence related to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Proposer submitted as part of the proposal will become the property of City when received by City and may be considered public information under applicable law. Any proprietary information in the proposal should he identified as such. City does not typically disclose proprietary information to the public, unless required by law; however, City cannot guarantee that such information will be held confidential.

3.2 SUBMISSION REQUIREMENTS
The proposal shall not exceed 10 pages, single-sided, excluding cover pages, dividers, table of contents, resumes of the proposed staff, the Cost Proposal, and sample maintenance agreement.

The following information shall be included in the proposal:

3.2.1 COVER LETTER
Cover letter signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the Proposal Team. The cover letter shall state your firm’s acceptance of the City’s insurance and indemnification requirements, or any reservations your firm has with the requirements contained in the Sample Maintenance Agreement (see Appendix B).

3.2.2 UNDERSTANDING AND APPROACH
This section should detail the Proposer’s understanding of the project and the general approach to be taken. This section may include a discussion of known constraints, challenges, and the Proposer’s approach, solutions, and assumptions. The Proposer should describe how it would accomplish the goals and requirements of this proposal.

3.2.3 PROPOSED PERSONNEL
Provide a project organization chart that shows roles and responsibilities of proposed personnel and reporting structure. Identify any sub-contractors and their role(s) and responsibilities. Resumes for proposed staff that show their relevant experience, and workplace location should be provided.

Do not submit resumes for individuals who do not have a high probability of leading or working on this project. Describe the specific roles/responsibilities of each person and indicate the percentage of the total contract hours that they will spend on the contract and any other assurances as to their ability to provide the services in a responsive and timely manner.

3.2.4 CONTRACTOR QUALIFICATIONS
A short summary of the Contractor’s background and technical capabilities that includes the firm's previous work related to the qualifications needed for this project. The SOQ shall include:
• The proposer’s experience and history in performing this type of work, particularly those projects that have been successfully carried through implementation. • Describe the firms on the team (including any sub-contractors) including location of offices and headquarters, number of employees, and number of years in business.

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• Provide a list of similar work (three projects minimum) to include dollar amount, project description, project team, and owner/client/reference contacts including phone numbers and addresses.
• Contractor shall have valid A or C-10 license. Both Contractor and any subcontractors shall have a DIR registration number.
• Proof of commercial general and automobile liability insurance, as specified in Section 4 of the attached Sample Maintenance Agreement.

3.2.5 COST PROPOSAL
Provide a complete cost proposal for Streetlight Maintenance as outlined in Section 5 Scope of Work. The Cost Proposal form is included in Appendix A. The proposal sheet shall be included in the proposal.
4 – SELECTION CRITERIA
It is the City's intent to select the Contractor with the best combination of qualifications and cost proposal. The proposals received by the City will be reviewed by a Review and Selection Committee comprised of City staff. The Committee will rank the proposals for agreement negotiations based upon the materials submitted by the proposing Contractors. The Review and Selection Committee may either directly select the contractor after reviewing the proposal or choose to interview two or more closely-ranked Contractors.

The City will open agreement negotiations with the top ranked Contractor(s). The successful Contractor(s) will be expected to enter into the attached Sample Maintenance Agreement (Appendix B).

Criteria Weight

1. Contractor’s Qualifications, Experience, and References 30pt.

2. Contractor’s Proposed Work Plan and Schedule 30pt.

3. Fee Schedule (Based on Cost Proposal) 20pt.

4. Project Team 10pt.

5. Overall Quality of Proposal 10pt.

Total: 100 Points
5 – SCOPE OF WORK
The purpose of this contract is to maintain the City’s streetlights, safety lighting, public lighting, and similar facilities to operate in the manner that they were originally intended, or as later modified, so as to provide safety lighting and devices on the City’s streets and public facilities. In general, the work to be performed consists of providing routine maintenance of streetlight, safety lighting systems and other maintenance as needed, as well as emergency maintenance and other work as directed within the City.

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5.1 MAINTENANCE
ROUTINE MONTHLY MAINTENANCE includes:
• Replacement of lamps, photo-cells, starters (ignitors), fuses, ballasts, timeclocks, etc. • Installation of reflective numbers if numbers are missing • Minor electrical wire troubleshooting, wire splicing, repairs within junction-boxes • Replace integral parts that have become inoperative from normal deterioration Routine street-lighting maintenance is under the assumption street-light outages or malfunctions by normal equipment failure is due to normal deterioration.

Items not listed in “Routine Monthly Maintenance” are “Monthly Maintenance Extras”.

MONTHLY MAINTENANCE EXTRAS include:
• Emergency service calls for repairs/replacements such as but not limited to street-light pole knockdowns
• Work performed or materials used outside of routine maintenance or malfunctions caused by vandalism, lighting strike, earthquake, or other Acts of God. • The correction, repair, or replacement of materials or equipment installed or modified by another party.
• As-needed special work such as sports field lighting work. • Concrete and foundation repairs.

Items not listed in “Routine Monthly Maintenance” or “Monthly Maintenance Extras” shall be billed as “Special Projects”.

SPECIAL PROJECTS may include but are not limited to:
• Streetlighting upgrades as designated by City engineers. • Replacement of road safety equipment (within the ability of the Contractor). • Investigative work under the direction of the City for supporting city projects. • Installation of streetlights for new streets.

The Contractor shall ensure that all equipment and systems are maintained and in an operable and safe condition. Furthermore, the Contractor shall provide and maintain emergency contact to respond to all emergency calls in a timely manner on a 24-hour, 365-day basis, including all holidays. Contractor shall provide replacement or service of all lighting components with like or better components, provide maintenance and submittal of monthly reports of all work performed, proper disposal of all materials, and respond to all reported failed lighting on all City streets and facilities covered under this service. The Contractor shall maintain a City inventory of all streetlights, poles and other equipment serviced and produce records upon request. The Contractor shall also support the City as needed for systems, equipment, or proposed lighting upgrades.

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The selected Contractor shall furnish all tools, equipment, workshop facilities, transportation, labor, parts, and materials and perform all work necessary to maintain in good quality and operation all streetlights and public lighting within the City. All work performed or equipment and parts supplied by the Contractor shall be subject to inspection and approval of the Public Works Director/City Engineer or his/her designee. Failure to pass inspection on any maintenance, repair, or service item shall result in non-payment for that item until such time that the Contractor can present the item to the City in an acceptable form.

5.2 RESPONSE TIMES
EMERGENCY RESPONSE (one hour maximum response time)
This item is considered to be an immediate safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in one (1) hour or less from the time of notification. Examples of a situation that would require an emergency response include but are not limited to a hazardous streetlight knockdown, block of streetlights, or other repairs designated for emergency response by the City. The Contractor shall provide a twenty-four (24) hour per day emergency contact phone number which shall be made available to the Public Works Department and the City of Union City Police Department. Responsive maintenance and emergency repairs to damaged or malfunctioning streetlights and exterior public facilities lights shall be performed by the Contractor at the direction of the Public Works Director or designee. Work in this category is considered to be a safety concern.

STANDARD RESPONSE
This item is considered important but not an immediate safety concern. Maintenance and repair requests made on a regular basis shall be responded to within three (3) calendar days of notification. In no event will regular response work be considered overtime without prior approval of the Public Works Director or his/her designee. An example of work that would require a regular response includes but is not limited to streetlight outages. The Contractor’s commitment to outage troubleshooting response and repair will be taken into consideration.

SCHEDULED/AS-REQUIRED MAINTENANCE
Maintenance and repair requests made by the City that are not critical or the work involved is of such a nature as to require advance scheduling shall be completed on an “As-Required” basis at a schedule that is mutually agreed upon. Work authorization of this type shall include but not be limited to major equipment repair/replacement, permanent replacement of knockdowns, major rewiring, and general maintenance of streetlights, and safety lighting systems.

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APPENDIX A

COST PROPOSAL
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UNION CITY STREETLIGHT MAINTENANCE 2023
APPENDIX A - Cost Proposal
The proposal prices are to include and cover the furnishing of all labor, materials, equipment, fees, taxes, incidentals, emergency call availability, status reporting, and overhead necessary to perform the work described in the Request for Proposals. The proposer affirms that in the event they are selected as the successful proposer the Contractor assures that all work will be performed in the specified manner and under the terms and conditions specified at the prices listed below:

Troubleshoot and Repair Street Lighting Outages: $ ____________ each light. Contractor commits to service within _________ hours or less for each reported outage. (ie. 24 hours, 48 hours, etc.) Mark-Up on Materials for Work: Contractor will charge City the actual invoice of materials used for the additional work plus a fee of __________ percent (%).

Day-Time Minimum Charge: Labor and Equipment charges for Day-Time calls for work, such as Monthly Maintenance Extras, shall be billed in __________________ (ie. 15 min, 30 min, 1 hour, etc.) increments.

Emergency Calls (evening hours): Labor and Equipment charges for Evening calls in evening hours shall be billed for __________________ (ie. 1 hour, 2 hour, etc.) minimum. Evening calls, after the minimum, shall be billed in __________________ (ie. 15 min, 30 min, 1 hour, etc.) increments. Contractor commits to emergency response service within ___________ hours or less of a reported incident. (ie. 24 hours, 48 hours, etc.)
Additional Work Hourly Rates
Equipment/Personnel Regular Time (hr) Over Time (hr)
1 Streetlight Electrician
2 Streetlight Electrician Foreman
3 Night Check Technician (when needed)
4 General Laborer
5 Service Truck
6 Bucket Truck
7 Crane Truck
8 Air compressor
9 (Other if applicable)
10 (Other if applicable)
Adjustments in Scope or Quantity of Work
The City reserves the right to increase or decrease quantities of work or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Scope of Work or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional City Council/RSA Agenda 100 Tuesday, August 8, 2023
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services unless a prior written work order has been executed describing the work and specifying the compensation therefore.

Hourly rates for labor to perform work not included in Scope of Work During the agreement term, City may request Contractor to perform work not listed in the Scope of Work. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs. For labor not listed which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed.

Hourly rates for equipment to perform work not included in the Cost Proposal Hourly rates shall include all costs necessary to provide equipment in good working order, including cost of fuel, maintenance, direct and indirect cost, but excluding operating labor costs.

For equipment not listed which is needed to perform additional work, the hourly rate shall be agreed upon between the City and the Contractor before such additional equipment is used.

Costs associated with the equipment listed will not be incurred by the City if required in the performance of the work without approval. It will only be paid for if specifically requested, required, and previously approved by the City.

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APPENDIX B

SAMPLE CONSULTING SERVICE AGREEMENT
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND

CONSULTANT

FOR STREET LIGHT MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES, CITY PROJECT NO. 23-17
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.

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 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 City Council/RSA Agenda 103 Tuesday, August 8, 2023
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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; • 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.

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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 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 City Council/RSA Agenda 105 Tuesday, August 8, 2023
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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.

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.

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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
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 City Council/RSA Agenda 107 Tuesday, August 8, 2023
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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 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 City Council/RSA Agenda 108 Tuesday, August 8, 2023
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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 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 City Council/RSA Agenda 109 Tuesday, August 8, 2023
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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.

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 City Council/RSA Agenda 110 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 9 of 18
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.

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 111 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 10 of 18

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.

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 City Council/RSA Agenda 112 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 11 of 18
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 paper materials on paper containing a minimum of 30% post-cosumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to 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 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:

City Council/RSA Agenda 113 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 12 of 18
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 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 and Public Works Requirements in Exhibit B 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 114 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 13 of 18
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 115 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 14 of 18

EXHIBIT A

SCOPE OF SERVICES
.

City Council/RSA Agenda 116 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 15 of 18

EXHIBIT B

COMPENSATION SCHEDULE
City Council/RSA Agenda 117 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 16 of 18

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.

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 City Council/RSA Agenda 118 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 17 of 18
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 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.

City Council/RSA Agenda 119 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Consultant Page 18 of 18
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 120 Tuesday, August 8, 2023

APPENDIX C

SAMPLE OF DECORATIVE LIGHT FIXTURE

WITHIN CITY LIMIT
City Council/RSA Agenda 121 Tuesday, August 8, 2023
As Seen at residential areas: As seen in Station District (11th Street & Cheeves Way):

City Council/RSA Agenda 122 Tuesday, August 8, 2023
Union City
Local Roadway Safety Plan
Presented by:

Trieu Tran, P.E.

Union City Public Works Dept.

In coordination with:

Christopher Thnay, P.E., AICP
Advanced Mobility Group
Item 3c. Presentation
June 13, 2023 - City Council Meeting
City Council/RSA Agenda 123 Tuesday, August 8, 2023
Agenda

1. Project Background &
Objectives

2. Areas of Emphasis Findings

3. Countermeasures and
Recommendations
City Council/RSA Agenda 124 Tuesday, August 8, 2023
Project Background & Objectives
•Enhance the safety of the City’s roadway
system
•Improve transportation safety by reducing the
number of incidents and the severity
•Identify high need areas and stakeholder
priorities and establish LRSP vision and goals
•Review potential solutions and
countermeasures
•Prioritize implementation
•Develop LRSP (Local Roadway Safety Plan)
City Council/RSA Agenda 125 Tuesday, August 8, 2023
Funding Opportunities
• HSIP (CALTRANS Local Highway Safety
Improvement Program, $15B)
• SS4A (Safe Streets for All, $1B Federal
Funding available in 2023)
• TDA -Transportation Development Act
• ATP –Active Transportation Program
• AlaCTC CIP (Alameda Comprehensive
Investment Plan)
• AlaCTC DLD (Measure B, BB, VRF
Funding)
City Council/RSA Agenda 126 Tuesday, August 8, 2023
Collision Analysis
2017 2018 2019 2020 2021 2022
All 197 326 302 227 241 51
F+SI 6 14 10 12 10 0
0 50
100
150
200
250
300
350
Collisions
Annual Collisions by Year (2017-2022)
184
301
269
204
221
46 7
8 12
10 9
1 6
17 21
13 11
4 82%
84%
86%
88%
90%
92%
94%
96%
98%
100%
2017 2018 2019 2020 2021 2022
Percentage of Collisions (%)
Annual Collisions by Year & Mode (2017-2022)
Motor Vehicle Bicycle Pedestrian
Total Collisions (2017 to 2022) – 1,344
Fatal & Severe Injury - 52
City Council/RSA Agenda 127 Tuesday, August 8, 2023
Collision Analysis
Improper Turning
35%
Unsafe Speed
29%
DUI
13%
Traffic Signals &
Signs
12%
Automobile
Right-of-Way
11%
Top Five Collisions by Primary Collision Factors
City Council/RSA Agenda 128 Tuesday, August 8, 2023
8 7
#10
#5
#4
#3
#2
#1
3 6
1 5
10 4
9 2
#7
#6
#9
#8
Top 10 Corridors and Top 10 Intersections
City Council/RSA Agenda 129 Tuesday, August 8, 2023
Areas of Emphasis Findings
• Speeding
• Lighting Condition
• Aggressive Drivers
• Inexperienced Drivers
• Pedestrian Safety
• Bike Safety
City Council/RSA Agenda 130 Tuesday, August 8, 2023
Transportation Safety Survey Results (Late 2022)
City Council/RSA Agenda 131 Tuesday, August 8, 2023
Collision Analysis - Speeding
Total Collisions – 308
(2017 to 2022)
Fatal & Severe Injury - 5
10 9
8 7
6 5
4 3
2 1
3 Top 10 High
Collision
Intersections
City Council/RSA Agenda 132 Tuesday, August 8, 2023
2% 2%
59%
32%
4%
1%
0%
10%
20%
30%
40%
50%
60%
70%
Daylight Dark - Street
Lights
Dusk - Dawn Dark - No
Street
Lights/Not
Functioning
Collisions
Lighting Conditions
Collisions By Lighting Conditions
F+SI All Other
Collision Analysis – Lighting Conditions
Total Collisions – 476
(2017 to 2022)
Fatal & Severe Injury - 24
10 9
8 7
6 5
4 2 3
1 3
Top 10 High
Collision
Intersections
City Council/RSA Agenda 133 Tuesday, August 8, 2023
Collision Analysis – Pedestrians
Total Collisions - 72
(2017 to 2022)
Fatal & Severe Injury - 17
City Council/RSA Agenda 134 Tuesday, August 8, 2023
Collision Analysis - Bicycles
Total Collisions - 49
(2017 to 2022)
Fatal & Severe Injury -
6 City Council/RSA Agenda 135 Tuesday, August 8, 2023
Countermeasures & Recommendations
The safety strategies of
a few elements of a Safe
System Approach are
used:
• Safe Roads
• Safe Speeds and
• Safe Road Users
City Council/RSA Agenda 136 Tuesday, August 8, 2023
Reduce Excessive Speed
Potential Countermeasures LRSM #
1 Increase Yellow Change Interval (YCI) & All Rd Time NA 2 Add Leading Pedestrian Interval (LPI) S21PB
3 Install dynamic/variable speed warning signs R26
4 Provide advanced dilemma zone detection for
high speed approaches S04
5 Improve pavement friction (High Friction Surface
Treatments)
R21
6 Install Separated Bike Lanes R33PB
7 Reduce lane width to 11-foot NA
8 Coordinate signals at lower speed NA
9 Apply Assembly Bill (AB) 43 methodology to lower
speed limits
NA
Notes:

LRSM - Local. Roadway Safety Manual, April 2020
City Council/RSA Agenda 137 Tuesday, August 8, 2023
Improve Lighting Condition
Potential Countermeasures LRSM #
1 Check and Add intersection lighting S01
2 Improve signal hardware: lenses, back-plates S02
3 Install flashing beacons as advance warning S10
4 Install raised pavement markers and striping (Through Intersection) S09 5 Add signal head for each lane
• While most nighttime
collisions occurred where
streetlights were present, the
quality of the lighting can vary
widely.
• Streetlights can be
insufficiently bright or placed
too widely apart.
• Nearly 30 to 50% of collisions
occurred during nighttime at
Top 10 Intersections.

City Council/RSA Agenda 138 Tuesday, August 8, 2023
Calm Aggressive Drivers
Potential Countermeasures LRSM #
1 High Visibility Enforcement NA
2 Driver education and media campaign NA
3 Coordinate signals at lower speed NA
4 Provide advanced dilemma zone detection for
high speed approaches S04
• High-visibility enforcement is
a multifaceted approach
through highly visible patrols,
such as checkpoints,
saturation patrols, or message
boards.
• Coordinating traffic signals at
a lower speed has shown to be
effective. Speeds during
nighttime are usually higher so
signals could be coordinated
at a lower speed.

City Council/RSA Agenda 139 Tuesday, August 8, 2023
Improve Pedestrian Safety
• There are clusters of
pedestrian collisions along
Decoto Road near BART and
shopping centers. And along
Alvaro-Niles Road near Logan
High.
• Should heighten presence of
pedestrians and help serve
pedestrian desire lines.
• Improve lighting and add
traffic calming.

Potential Countermeasures LRSM #
1 Add Leading Pedestrian Interval (LPI) S21PB
2 Install advance stop bar before crosswalk (Bicycle Box) S20PB 3 No right-turn dynamic sign NA
4 Protected Intersections NA
5 Install pedestrian crossing at uncontrolled locations S20PB 6 Install Rectangular Rapid Flashing Beacon (RRFB) NS22PB 7 Install Pedestrian Hybrid Beacon (HAWK) NS23PB
Notes:

LRSM - Local. Roadway Safety Manual, April 2020
City Council/RSA Agenda 140 Tuesday, August 8, 2023
Improve Bike Safety
Potential Countermeasures LRSM #
1 Install advance stop bar before crosswalk (Bicycle Box) S20PB 2 Bike Activation NA
3 Add Leading Pedestrian Interval (LPI) S21PB
4 Protected Intersections NA
5 Buffer Bike Lanes R32PB
6 Class 4 Cycle Track R33PB
Notes:

LRSM - Local. Roadway Safety Manual, April 2020
Adding buffer or separated bike lanes to facilitate
east-west and north-south travel in the City would
be a huge improvement and will also calm traffic
along major arterials.

City Council/RSA Agenda 141 Tuesday, August 8, 2023
Questions?
Thank you
City Council/RSA Agenda 142 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 1 of 22

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND
CAL-WEST LIGHTING AND SIGNAL MAINTENANCE, INC.

FOR

STREET LIGHT MAINTENANCE SERVICES
CITY PROJECT NO. 23-17
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Cal-West Lighting and Signal Maintenance a California corporation, with offices located at 530 North Marburg Way, San Jose, CA 95133 (“Consultant”), (together referred to as the “Parties”) as of August 1, 2023 (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 June 30, 2025, 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.

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.

City Council/RSA Agenda 143 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 2 of 22 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Thousand Dollars ($100,000) per year, 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 in a timely manner, 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;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • The contract expiration date;
• 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; • 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 City Council/RSA Agenda 144 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 3 of 22 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 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.

2.4 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.

2.5 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B 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.

2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 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.

2.8 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.

2.9 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 Council/RSA Agenda 145 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 4 of 22 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 to 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 that such insurance is in effect to City. 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
$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
City Council/RSA Agenda 146 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 5 of 22 transportation or hauling
related activities
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
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 covered 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.

City Council/RSA Agenda 147 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 6 of 22 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 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.

City Council/RSA Agenda 148 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 7 of 22 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 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.

City Council/RSA Agenda 149 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 8 of 22 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.

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 City Council/RSA Agenda 150 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 9 of 22 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.

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.

City Council/RSA Agenda 151 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 10 of 22

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;

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.

City Council/RSA Agenda 152 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 11 of 22

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 paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to 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 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.

City Council/RSA Agenda 153 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 12 of 19

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Farooq Azim ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Farooq Azim, P.E.

City Engineer
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]

10.10 Notices. Any written notice to Consultant shall be sent to:

Craig Geis
President
Cal-West Lighting and Signal Maintenance, Inc.
530 North Marburg Way
San Jose, CA 95133
[email protected]
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

10.12 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.

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

City Council/RSA Agenda 154 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 13 of 22 Exhibit A Scope of Work
Exhibit B Compensation
Exhibit C Public Works Requirements

10.14 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 155 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 14 of 22 The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY CAL-WEST LIGHTING AND SIGNAL
MAINTENANCE, INC.
____________________________ ______________________________

JOAN MALLOY, CITY MANAGER CRAIG GEIS, PRESIDENT
ATTEST:
___________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
3695229.2
Version 3.2.21
City Council/RSA Agenda 156 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 15 of 22

EXHIBIT A

SCOPE OF WORK

WORK PLAN/APPROACH
We understand the City of Union City’s program requirements and are ready to continue providing the staff and equipment needed to service the City. Cal-West agrees to furnish all labor, tools and equipment, and materials necessary to perform services needed to properly maintain the Street Lighting owned by City of Union City.

It is understood that all services including labor, tools and equipment, materials furnished, and work performed will be done in a good and workmanlike manner by Cal-West and is subject to the inspection and approval of the City and its inspectors or representatives. ▪ Cal-West agrees to supply and perform a continuous and comprehensive Routine On-Call Street Lighting support program and shall maintain a detailed record listing the Date received, the Date serviced, all work performed, and all materials used upon responding to any service call. Any parts found to be worn out or defective in which case could cause a Street Light to fail or malfunction will be repaired or replaced with same or equivalent as approved by the City Engineers. ▪ Cal-West shall perform other maintenance related work other than described above as requested and/or directed by the City. Cal-West agrees to provide the same services for the repair, replacement, or servicing of equipment that the City may own and call upon from time to time. ▪ Cal-West shall designate representatives who will be available to the Engineer for consultation upon request.
▪ Cal-West shall maintain adequate storage and shop facilities and a sufficient stock of lamps, photocells, drivers, fixtures and other equipment to effectively maintain the Street Lights. ▪ Cal-West shall either hold in its shop and storage facilities, or deliver to a location designated in the City, any salvageable equipment or material as per direction of the Engineer. Cal-West shall properly dispose of any equipment declared non-salvageable as per direction of the Engineer. ▪ Permanent repair work of proposals generated from normal maintenance and emergency response shall be completed as soon as possible and in all cases within twenty-one (21) calendar days or less, unless extended in writing by the City Engineer.
▪ Cal-West has never issued a change order on any quotes/proposals that we provide. We stand behind our estimates and pricing. Our estimators and project managers review the scope of your project, discuss any details and timelines required to ensure meeting/exceeding our Cities/Counties expectations.
▪ On-Line Electronic Record System
Our web-hosted computerized routine and emergency maintenance reporting program was developed and designed by Cal-West in conjunction with our software provider. The program is configured to our specific Traffic Signal/Street Lighting Maintenance Programs. Our user-friendly system captures full routine maintenance, emergency calls, and all equipment inventory records. This system is available to the City and will be available at no cost to the City.

City Council/RSA Agenda 157 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 16 of 22 Cal-West has not been terminated from any maintenance contracts and has never failed to satisfactorily complete any work awarded.

PREVENTATIVE/ROUTINE MAINTENANCE
Preventative and routine maintenance to include maintenance on the City’s streetlights, safety lighting, public lighting, and similar facilities to operate in the manner that they were originally intended, or as later modified, so as to provide safety lighting and devices on the City’s streets and public facilities. In general, the work to be performed consists of providing routine maintenance of streetlight, safety lighting systems and other maintenance as needed, as well as emergency maintenance and other work as directed within the City.

Task 1
ON-CALL ROUTINE MONTHLY MAINTENANCE includes:
• Replacement of lamps, photo-cells, starters (ignitors), fuses, ballasts, timeclocks, etc. • Installation of reflective numbers if numbers are missing • Minor electrical wire troubleshooting, wire splicing, repairs within junction-boxes • Replace integral parts that have become inoperative from normal deterioration Routine street-lighting maintenance is under the assumption street-light outages or malfunctions by normal equipment failure is due to normal deterioration.

Items not listed in “Routine Monthly Maintenance” are “Monthly Maintenance Extras”.

Task 2A
MONTHLY MAINTENANCE EXTRAS include:
• Emergency service calls for repairs/replacements such as but not limited to street-light pole knockdowns
• Work performed or materials used outside of routine maintenance or malfunctions caused by vandalism, lighting strike, earthquake, or other Acts of God. • The correction, repair, or replacement of materials or equipment installed or modified by another party.
• As-needed special work such as sports field lighting work. • Concrete and foundation repairs.

Items not listed in “Routine Monthly Maintenance” or “Monthly Maintenance Extras” shall be billed as “Special Projects”.

Task 2B
SPECIAL PROJECTS may include but are not limited to:
• Streetlighting upgrades as designated by City engineers. • Replacement of road safety equipment (within the ability of the Contractor). • Investigative work under the direction of the City for supporting city projects. • Installation of streetlights for new streets.

City Council/RSA Agenda 158 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 17 of 22 ANNUAL MAINTENANCE ESTIMATED COSTS:

Task 1 - Routine On-Call Street Lighting Maintenance $ 70,000 Task 2A - Maintenance Extras (Emergency Calls/Knockdowns) $ 25,000 Task 2B - Maintenance Extras (Special Projects) $ 5,000 Total Annual Maintenance Costs $ 100,000
City Council/RSA Agenda 159 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 18 of 22

EXHIBIT B

COMPENSATION
Task 1 - On-Call Street-Lighting Billing

1. Per unit (outage) Street Lighting: Cost for per reported outage shall cost the rate of eightydollars ($80.00) per each street light outage. This price includes all labor, photo-cells, starters (ignitors), fuses, installation of reflective numbers, minor electrical wire troubleshooting up to thirty minutes, wire splicing, and repairs within junction-boxes adjacent to street light pole being serviced at no additional cost.
*During the initial visit for troubleshooting and repairs of a basic outage call, a fixture or ballast may be found to be deteriorated beyond repair and may require to be replaced. **LED lamps, fixtures, ballasts, timeclocks, etc. are an additional material charge

***The coordination and pick-up of additional fixtures, ballasts or City Supplied material from the City Corp Yard and the second trip to the location for fixture replacement shall be invoiced as an additional outage call and is not considered to be included within the initial labor time needed for the initial troubleshooting, diagnosis, and repair of a basic outage.

Task 2 - Street-Lighting Extras

1. Items not listed in “On-Call Street Lighting Billing” shall be billed as “Street Lighting Extras” in accordance with and outlined under Labor and Equipment, and Material Rates to include but not limited to:
a. Emergency service calls such as but not limited to Street-Lighting knock-downs. b. Work performed or materials used outside of the allotted period of thirty minutes or malfunctions caused by vandalism, pole or equipment knock-down, lightning strike, earthquake, or other acts of God
c. The correction, repair, or replacement of materials or equipment installed or modified by another party other than Cal-West
Material Rates
MATERIALS: All material rates shall be set at invoice cost plus an overhead mark-up of: 10% ITEM-SPECIFICATIONS:
▪ Provide periodic Street-Lighting Maintenance Assistance and Support on a "Call-Out" basis only ▪ Specify a per-street-light breakdown of various rates for personnel, equipment, vehicles, etc. ▪ All general HPS lamps, starters, photocells and fuses are included with this proposal ▪ Lighting fixtures and ballasts are an additional cost unless supplied by the City of Union City City Council/RSA Agenda 160 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 19 of 22 Permanent repair work of proposals generated from normal maintenance and emergency response shall be completed as soon as possible and in all cases within twenty one (21) calendar days or less, unless extended in writing by the City Engineer.

ADDITIONAL SERVICES
Cal-West agrees to provide the same services for the repair, replacement, or servicing of equipment such as interior lighting, wall-pak safety-lighting, in-ground up-lighting, perimeter lighting, parking lot lighting, or any other lighting equipment on any building, land or property that the City may own and call upon from time to time.

Labor and Equipment Billing
A. Normal Straight-Time rates apply between the day-time hours of: 0700hrs to 1600hrs Over-time rates apply between the Evening hours of: 1600hrs to 0700hrs B. Normal Straight-Time rates apply during normal business hours Monday-thru-Friday Over-Time rates apply after normal business hours, Weekends, and Holidays C. There shall be no half hour or hour minimum charge on day-time calls Labor and Equipment charges for Day-Time calls shall be billed in fifteen (15) minute increments D. There shall be a two (2) hour minimum charge for Emergency calls in the Evening hours Evening calls, after the two (2) hour minimum, shall be billed in fifteen (15) minute increments Labor:

Straight-Time Over-Time
Street Light Technician: $ 130.00 / hr $ 220.00 / hr
General Laborer: $ 75.00 / hr $ 115.00 / hr
Equipment:

Straight-Time Over-Time
Service (Bucket) Truck: $ 30.00 / hr $ 30.00 / hr
Crane (Boom) Truck: $ 30.00 / hr $ 30.00 / hr
Dump Truck: $ 25.00 / hr $ 25.00 / hr
Material Rates: All material rates shall be set at invoice cost plus an overhead mark-up of: 10%

RESPONSE AND SERVICE
Cal-West agrees to provide live 24-Hour Emergency phone service and to have Technicians available 24- Hours per-day, seven (7) days per-week to respond to all emergency calls in a timely manner, meeting or exceeding standards set by the City.

Cal-West Proposes:

Street-Lighting

1. Emergency and Accident response - - - - - - - One (1) Hour or less

2. Outages and malfunctions - - - - - - - - - - - Forty Eight (48) Hours or less *Rates are subject to 4% annual increase pursuant to the Bay Area Consumer Price Index City Council/RSA Agenda 161 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 20 of 22

EXHIBIT C

PUBLIC WORKS REQUIREMENTS

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.

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 City Council/RSA Agenda 162 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 21 of 22 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 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 City Council/RSA Agenda 163 Tuesday, August 8, 2023
Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 22 of 22 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 164 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH CAL-WEST LIGHTING & SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF $200,000, FOR STREET LIGHT MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES, CITY PROJECT NO. 23-17 WHEREAS, the City of Union City owns and maintains approximately 4,300 streetlights within the City; and
WHEREAS, on May 24, 2023, the City of Union City released a Request for Proposal (RFP) for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17; and
WHEREAS, on June 14, 2023, the City of Union City received four proposals from Advanced Lighting Services, Bear Electrical Solutions, St. Francis Electric, and Cal-West Lighting & Signal Maintenance, Inc. Subsequent interviews were held with the selection panel consisting of Public Works staff and the panel selected Cal-West Lighting & Signal Maintenance, Inc. because of their project understanding, project qualifications, local knowledge, similar project experience, competitive service fees, and favorable reference checks; and
WHEREAS, Cal-West Lighitng & Signal Maintenance, Inc. will assist and support the City’s Citywide LED Conversion Projects, perform preventative and routine maintenance, and respond to emergency services for repairs/replacement on the City’s streetlights, safety lighting, public lighting, and similar facilities to operate in the manner that they were originally intended, or as later modified, so as to provide safety lighting and devices on the City’s streets and public facilities; and
WHEREAS, the Consulting Services Agreement with Cal-West Lighting & Signal Maintenance, Inc. for Street Light Maintenance, On-Call Support, and Emergency Repair Services, in the amount of $200,000, for a two-year term, will be funded with $200,000 from the Street Lights & Landscape Fund (Account Number 2591-3105-33005-54111), which was included in the approved Biennial Budget for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute a Consulting Services Agreement with CalWest Lighting & Signal Maintenance, Inc. of San Jose, California, in the amount of $200,000, for the Street Light Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-17.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of Augst 2023, by the following vote:

AYES:

City Council/RSA Agenda 165 Tuesday, August 8, 2023
Resolution XXXX-23

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 166 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY INC., IN THE AMOUNT OF $2,077,831, FOR THE CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 23-01, AND APPROVING A TOTAL
CONSTRUCTION BUDGET IN THE AMOUNT OF $2,400,000
Staff recommends that the City Council adopt a resolution approving the award of a Construction Contract to G.

Bortolotto & Company Inc., in the $2,077,831, for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, and approving a Total Construction Budget in the amount of $2,400,000.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
The Metropolitan Transportation Commission (MTC) uses federal funds to establish the Pavement Management TechnicalAssistance Program (P-TAP) to assist Bay Area cities and counties to stretch their roadway funds by: 1) implementing, updating and maintaining pavement management databases, 2) providing accurate pavement condition data to city councils, county supervisors or local decision makers and 3) supporting the region’s management of non-pavement street and road assets such as signs, storm drains, curbs and gutters, traffic signals and street lights, as pilot projects.

The P-TAP Program includes the preparation of Pavement Management Program (PMP) reports which identify the conditions of the local streets and roadway pavement surfaces and measures the condition by a Pavement Condition Index (PCI) with the following breakdown: Excellent (PCI = 90-100), Very Good (PCI = 80-89), Good (PCI = 70-79), Fair (PCI = 60-69), At-Risk (PCI = 50-59), and Poor (PCI = 25-49). For the past several years, Union City’s pavement condition was measured as Very Good (PCI = 80-89) or Good (PCI = 70-79).

City Council/RSA Agenda 167 Tuesday, August 8, 2023
The 2022 PMP Report, dated March 2023, reports a decline in the City’s overall PCI rating to Fair, with a PCI of 69, and notes this fair condition with moderate deterioration. Due to staff shortage, the cyberattack, the pandemic, and major utility construction projects along Decoto Road and Alvarado-Niles Road, Public Works was unable to prepare and manage pavement rehabilitation projects on a regular basis these past few years, contributing to the pavement deterioration of the City’s major corridors and residential streets.

DISCUSSION
The City Council, at its regular meeting of June 14, 2022, adopted Resolution No. 5949-22 to receive a $75,000 grant from the California Department of Resources, Recycling and Recovery, Project Funding Agreement No.

TRP14-21-0007, for the Base Failure Repair and Slurry Seal Project, City Project No. 23-02. These funds will be used to supplement funds in the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, to extend the life of streets using rubberized chip seal, a newer method of street paving (also called a rubberized cape seal).

As part of Union City’s pavement maintenance program, the Citywide Street Pavement Rehabilitation Project will improve over 132,108 square yards of roadway area throughout the City (see Exhibit B). This improvement will encompass three methods of street surface treatment -- overlay, rubberized cape seal, and slurry seal. In addition to street surface improvements, the contractor will also restripe high visibility crosswalks and lane lines, repair damaged curbs and gutters, and adjust utility covers to-grade.

Public Works completed Plans and Specifications for bid and advertised the project for bidding on June 29, 2023, with the release of a Notice Inviting Bids for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01 (see Attachment 1). In this busy construction season and competitive bidding market, the City only received three bids, which were opened on July 25, 2023 (see Exhibit A). The low base bid in the amount of $1,861,261 was submitted by G. Bortolotto & Company Inc., of San Carlos, California.

The low bid is approximately 3% over the engineer’s estimate of $1,800,000, which is mainly attributable to the very busy construction season. The three bids received were competitive since the two lowest bids were within 5% of each other.

G. Bortolotto & Company Inc. has performed satisfactory work for the City in the past. Therefore, staff recommends the construction contract be awarded to G. Bortolotto & Company Inc., in the amount of $2,077,831.

The recommended project budget for construction is as follows:

Construction Contract Amount (including Alternative Bids) $2,077,831 Contingency – 10.5% of Construction Contract $218,277
Construction Engineering (Project Management, Materials Testing, Inspection) – 5% of Construction Contract
$103,892
Total Estimated Construction Cost $2,400,000
Construction of this project is anticipated to begin in September 2023 and to be completed in late fall of 2023.

FISCAL IMPACT
The Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, in the amount of $2,400,000, will be funded with $808,120 from unspent FY 2022-2023 SB-1 funds from City Project No. 20-01, $75,000 from the City Council/RSA Agenda 168 Tuesday, August 8, 2023
California Department of Resources, Recycling and Recovery Project Funding Agreement, and $1,330,854 as identified in the Five-Year Capital Improvement Plan (CIP) for FY 2023-2024 through FY 2027-2028, totaling $2,213,974, leaving a shortfall of $186,026.

To fund this shortfall of $186,026, staff recommends transferring funds from the $500,000 of FY 2023-2024 Measure BB funds in the Dyer Street Resurfacing, Phase 2 Project (Account Number 2545-3199-99999-54111) to this project. The remaining balance for the Dyer Street Resurfacing, Phase 2 Project will be $313,974 of FY 2023- 2024 Measure BB funds (Fund 2545) and $700,000 of FY 2024-2025 SB-1 funds (Fund 2515), totaling $1,013,974, and this will be sufficient funding to complete that project. The City plans to bid the Dyer Street Project during the construction of the Union City Boulevard Bike Lanes Project, around summer 2025.

This total project cost of $2,400,000 will be funded by the following accounts, as identified below:

RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution:

1. Approving the award of the construction contract to the low bidder, G. Bortolotto & Company Inc., in the amount of $2,077,831, for the construction of the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01; and

2. Approving a Total Construction Budget, in the amount of $2,400,000, for the construction contract, contingency, and engineering support; and

3. Authorizing the transfer of $186,026 from the Dyer Street Resurfacing, Phase 2 Project (Account Number 2545-3199-99999-54111) to the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01 (Account Number 2545-3199-92301-54111).

Prepared by:

Eddie Yu, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Notice of Bid Attachment
Resolution Resolution
Exhibit A - Bid Summary Exhibit
Exhibit B- Project Map Exhibit
City Council/RSA Agenda 169 Tuesday, August 8, 2023

CITY OF UNION CITY

DEPARTMENT OF PUBLIC WORKS
CITY PROJECT NO. 23-01

NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the plans entitled: CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 23-01, will be received at the office of the City Clerk of the City of Union City, City Government Building, 34009 Alvarado-Niles Road, Union City, California, until Tuesday, July 25 th, 2023, 2:00PM
PST, at which time they will be publicly opened and read in the Council Chambers of said building. The engineer’s estimate for this project is $1.8 million.

The Contractor shall possess a Class A and/or C-12 California contractor’s license at the time this contract is awarded.

Bids are required for the entire work described herein. This contract is subject to the State contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990.

Bid Package & Bid Package Location. All of the project work is to be done in accordance with the bid package on file with the Public Works Department - City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587. Eligibility to bid on this project requires bid package to be electronically obtained from the City. Bid package may be obtained at no charge via email request to the City at [email protected]. Non-biddable plans and specifications shall be available to view at various Builders’ Exchanges throughout the Bay Area and on the City of Union City website at www.unioncity.org.

General Work Description: The work to be done, in general, consists of street overlay, asphalt rubber cape seals and slurry micro-surfacing, delivering advance public notifications, implementing traffic controls, removing weeds from the roadway, removing and replacing traffic striping, markings, and other related work indicated and required by the plans, Standard Specifications, and these special provisions.

All questions should be emailed or fax to Eddie Yu of City of Union City, email:
[email protected] or fax to (510) 489-9468. The successful bidder shall furnish a Payment Bond, a Performance Bond, and a Maintenance Bond.

Minimum wage rates for this project as predetermined by the Secretary of Labor are set forth in the special provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and prevailing wage rates determined by the Department of Industrial Relations for similar classifications of labor, the contractor and his subcontractors shall pay not less than the higher wage rates.

Pursuant to Section 1773 of the Labor Code, the general prevailing rate of wages in the county in which the work is to be done has been determined by the Director of the wage rates appear in the Department of Transportation publication entitled General Prevailing Wage Rates, (current semi-annual which have been predetermined and are on file with the Department of Industrial Relations are referenced but not printed in said publication.

City Council/RSA Agenda 170 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE AWARD OF A CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY INC., IN THE AMOUNT OF $2,077,831, FOR THE CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 23-01, AND APPROVING A TOTAL CONSTRUCTION BUDGET IN THE AMOUNT OF $2,400,000 WHEREAS, the Metropolitan Transportation Commission (MTC) uses federal fundsto establish the Pavement Management Technical Assistance Program (P-TAP) to assist Bay Area cities and counties to stretch their roadway funds by: 1) implementing, updating and maintaining pavement management databases, 2) providing accurate pavement condition data to city councils, county supervisors or local decision makers, and 3) supporting the region’s management of non-pavementstreet and road assets such as signs, storm drains, curbs and gutters, traffic signals and street lights, as pilot projects; and WHEREAS, the P-TAP Program includes the preparation of Pavement Management Program (PMP) reports which identify the conditions of the local streets and roadway pavement surfaces and measures the condition by a Pavement Condition Index (PCI) with the following breakdown: Excellent (PCI = 90-100), Very Good (PCI = 80-89), Good (PCI = 70-79), Fair (PCI = 60-69), At-Risk (PCI = 50- 59) and Poor (PCI = 25-49); and
WHEREAS, for the past several years, the City’s pavement condition was measured as Very Good (PCI = 80-89) or Good (PCI = 70-79); and
WHEREAS, the 2022 PMP Report, dated March 2023, reports a decline in the City’s overall PCI rating to Fair, with a PCI of 69, and notes this fair condition with moderate deterioration; and WHEREAS, due to staff shortages, the cyberattack, the pandemic, and major utility construction projects on Decoto Road and Alvarado-Niles Road, Public Works was unable to prepare and manage pavement rehabilitation projects on a regular basis, contributing to the pavement deterioration of the City’s major corridors and residential streets; and
WHEREAS, the City Council, at its regular meeting of June 14, 2022, adopted Resolution No. 5949-22 to receive a $75,000 grant from the California Department of Resources, Recycling and Recovery, Project Funding Agreement No. TRP14-21-0007, for the Base Failure Repair and Slurry Seal Project, City Project No. 23-02; and
WHEREAS, these funds will be used to supplement funds in the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, to extend the life of streets using rubberized chip seal, a newer method of street paving (also called a rubberized cape seal); and WHEREAS, as part of Union City’s pavement maintenance program, the Citywide Street Pavement Rehabilitation Project will improve over 132,108 square yards of roadway area throughout the City (see Exhibit B); and
WHEREAS, on June 29, 2023, the City of Union City released a Notice Inviting Bids for the City Council/RSA Agenda 171 Tuesday, August 8, 2023
Resolution XXXX-23

Citywide Street Pavement Rehabilitation Project, City Project No. 23-01; and WHEREAS, on July 25, 2023, the City received three bids from roadway contractors for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01 (see Exhibit A), with G.

Bortolotto & Company Inc., of San Carlos, California, deemed the lowest responsible bid with a base bid amount of $1,861,261, and a total bid in the amount of $2,077,831; and WHEREAS, the low bid is approximately 3% over the engineer’s estimate of $1,800,000, which is mainly attributable to the very busy construction season and the two lowest bids were within 5% of each other; and
WHEREAS, G. Bortolotto & Company Inc. has performed satisfactory work for the City in the past, and the City Engineer recommends that it is in the City’s best interest to award the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, to G. Bortolotto & Company Inc.; and WHEREAS, the recommended Total Construction Budget, in the amount of $2,400,000, includes the construction contract ($2,077,831), a contingency at 10.5% of the construction contract ($218,277), and engineering support at 5% of the construction contract ($103,892); and WHEREAS, the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, in the amount of $2,400,000, will be funded with $808,120 from unspent FY 2022-2023 SB-1 funds (Fund 2515) from City Project No. 20-01, $75,000 from the California Department of Resources, Recycling and Recovery Project Funding Agreement (Fund 4100), and $1,330,854 of Allied Waste funds (Fund 2620), Measure F funds (Fund 2544) and Measure BB funds(Fund 2545) as identified in the Five-Year Capital Improvement Plan (CIP) for FY 2023-2024 through FY 2027-2028, totaling $2,213,974, leaving a shortfall of $186,026; and
WHEREAS, to fund this shortfall of $186,026, staff recommends transferring funds from the $500,000 of FY 2023-2024 Measure BB fundsin the Dyer Street Resurfacing, Phase 2 Project (Account Number 2545-3199-99999-54111). The remaining balance for the Dyer Street Resurfacing, Phase 2 Project will be $313,974 of FY 2023-2024 Measure BB funds (Fund 2545) and $700,000 of FY 2024- 2025 SB-1 funds (Fund 2515), totaling $1,013,974, and this will be sufficient funding to complete that project. The City plans to bid the Dyer Street Project during the construction of the Union City Boulevard Bike Lanes Project, around summer 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards the construction contract for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01, to G. Bortolotto & Company Inc., in the amount of $2,077,831; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves a Total Construction Budget, with contingencies and engineering support, in the amount of $2,400,000, for the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the transfer of $186,026 from the Dyer Street Resurfacing, Phase 2 Project (Account Number 2545-3199-99999-54111) to the Citywide Street Pavement Rehabilitation Project, City Project No. 23-01 (Account Number 2545-3199-92301-54111).

City Council/RSA Agenda 172 Tuesday, August 8, 2023
Resolution XXXX-23

PASSED, APPROVED AND ADOPOTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 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 173 Tuesday, August 8, 2023

CITY OF UNION CITY

BID SUMMARY
PROJECT: Rebid Opening - Citywide Street Pavement Rehabilitation Project (City Project No. 23-01)
Project Manager: Eddie Yu
DATE: July 25, 2023
TIME: 2:00 p.m.

LOCATION: City Council Chambers
No BIDDERS BID AMOUNT
*CORRECTED

BID AMOUNT

1. Radius Earthwork Inc $1,905,985.57 $2,117,017.27

2. G. Bortolotto & Co. $1,861,260.75 $1,861,260.75

3. O’Grady Paving $1,913,119.70 $1,913,104.70

4. 5.

6. 7.

8. 9.

I, Anna M. Brown, City Clerk of the City of Union City, do hereby certify that on July 25, 2023, I received and opened three (3) bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.

Anna M. Brown
City Clerk
City Council/RSA Agenda 174 Tuesday, August 8, 2023
2023 Citywide Street Pavement Rehabilitation Project (City Project 23-01) Slurry Seal List
Riviera Dr
Riviera Dr
Riviera Dr
Monte Carlos Ave
Monte Carlos Ave
Monte Carlos Ave
Monte Carlos Ave
Veneto Ave
Monaco Ave
Monaco Ave
Monaco Ave
Monaco Ave
Monaco Ave
Appian Way
Appian Way
Appian Way
7-Hills
Neighborhood City Hall
Decoto
Neighborhood
Kitayama
Neighborhood
Comtempo
Neighborhood
Casa Verde
Neighborhood
Courthouse
Neighborhood
City Council/RSA Agenda 175 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION AMENDING SERVICE AWARDS,

RECOGNITIONS AND PROCLAMATIONS POLICY
The City Council previously approved a formal policy regarding the issuance of service awards and proclamations. The Service Awards, Recognitions and Proclamations Policy (the “Policy”) established procedures for requesting, and guidelines for issuing, these service awards and proclamations.

The Legislation and Policy Committee (the “Committee”) had an opportunity to review the Policy for amendments and clarifications. The City Attorney’s Office has prepared an amendment to the Policy based on comments and feedback from the Committee which are now presented for City Council consideration for adoption.

STRATEGIC PLAN ALIGNMENT
This item aligns with Goal B: Governance and Organization Effectiveness of the Strategic Plan.

BACKGROUND
The City Council adopted the Policy in 2018 to establish formal procedures for the request and issuance of proclamations to recognize outstanding service by employees or volunteers, important community events and achievements, as well as cultural celebrations. The Policy also established formal procedures for the issuance of service awards.

The Committee recently considered the Policy and potential revisions and amendments to address areas where there may be a lack of clarity or where a revision may be appropriate.

DISCUSSION
City Council/RSA Agenda 176 Tuesday, August 8, 2023
Current Policy
The Policy currently provides the eligibility standards for issuance of service awards and establishes guidelines for a request for a proclamation to be made by any member of the City Council or a member of the public.

The Policy establishes certain categories of events that are eligible for recognition, such as culturalcelebrations, extraordinary achievement, outstanding community service, or milestone birthdays or anniversaries for individuals or organizations. Concurrently, the Policy also establishes certain categories that are ineligible for recognition such as requests for proclamations related to matters of ideological or religious beliefs, individual conviction, or politicaland legislative issues which may suggest an official City position or endorsement.

Requests for proclamations that do not fall within one of the established categories are referred to the Mayor and considered on a case-by-case basis. All request for proclamations must be made at least six (6) weeks before the proclamation is needed to ensure that the City Clerk’s Office has time to process the request and avoid late additions to the agenda for City Council Meetings.

Legislation and Policy Committee Review and Proposed Revisions The Legislation and Policy Committee reviewed the Policy and identified aspects of the policy for amendment and revision for clarity. As a result, the City Attorney’s Office prepared an amendment to the Policy for consideration. Regarding service awards, the proposed amendment to the Policy establishes that, consistent with City practice, service awards are issued to employees by the City Manager. These modifications and clarifications align with longstanding City practice.

Below is a summary of the proposed process under the amended Policy related to issuance of proclamations:
• Proclamations within an established category are approved by the City Clerk in consultation with the Mayor.
• Proclamations falling outside an authorized category may be authorized by the Mayor for issuance at a future City Council meeting.
• Should the Mayor decline to authorize a proclamation, the Mayor will inform the City Council during the Good of the Order portion of the subsequent City Council meeting and the City Council, by a majority vote, may agendize the proclamation for discussion at the subsequent City Council meeting where it can be considered for approvaland subsequent issuance.

Consistent with the Policy as it exists, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official City position or endorsement.

In order to accommodate the procedure identified above, requests for proclamation that fall outside an established category must be made in eight (8) weeks in advance except in limited circumstances as approved by the Mayor.

FISCAL IMPACT
There is no fiscal impact as a result of the policy amendments.

RECOMMENDATION
Staff recommends that the City Council consider adopting a resolution amending the Service Awards, Recognitions and Proclamations Policy.

City Council/RSA Agenda 177 Tuesday, August 8, 2023
Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Proclamation Policy Resolution Resolution
Exhibit A - Proclamation Policy Amendment Exhibit
Desk Item Attachment
City Council/RSA Agenda 178 Tuesday, August 8, 2023
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AMENDING SERVICE AWARDS, RECOGNITIONS AND PROCLAMATIONS POLICY
WHEREAS, the City routinely issues service awards and proclamations to recognize outstanding service by employees or volunteers, important community events and achievements, as well as cultural celebrations; and
WHEREAS, the issuance of these awards and proclamations reflects the strength, diversity, and community involvement of the people of Union City; and WHEREAS, the City Council previously adopted the Service Awards, Recognitions and Proclamations Policy (the “Policy”) to create a formal policy establishing guidelines for the issuance of service awards and proclamations; and
WHEREAS, the Legislation & Policy Committee (the “Committee”) reviewed the Policy for potential revisions; and
WHEREAS, the Committee recommends certain revisions to the Policy to clarify and establish procedures for service awards and issuance of proclamations; and WHEREAS, the City Council desires to adopt the amendments to the Policy.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Union City hereby adopts the amendments to the Service Awards, Recognitions and Proclamations Policy, as reflected in redline, attached hereto as Exhibit A.

City Council/RSA Agenda 179 Tuesday, August 8, 2023
CITY COUNCIL POLICY:

SUBJECT: SERVICE AWARDS, RECOGNITIONS AND PROCLAMATIONS PURPOSE:

The purpose of this policy is to establish guidelines and procedures for recognizing and encouraging contributions made by individuals or groups toward the City and/or community betterment. These individuals and organizations will be recognized by the City Council for various civic contributions.

EMPLOYEE SERVICE AWARDS
Service Awards are given in recognition of the number of years of service provided to the City by an employee.

1. Awards will be given annually for 5, 10, 15, 20, etc., years of service.

2. Individuals who, in the aggregate, have provided service to the City as an employee are eligible for the award.

3. Service awards will be issued on the recommendation of the City Manager.

PROCLAMATIONS & CERTIFICATES
A. Policy
It is the policy of the City of Union City that proclamations recognizing special events, achievements, or service to the community or City shall be made at the discretion of the Mayor or as otherwise provided in accordance with the criteria specified in this policy.

B. Eligibility

1. Proclamations may be issued in recognition of the following:
 Extraordinary achievement or outstanding community service  Charitable fundraising events of local non-profit organizations (i.e., a Union City non-profit or a local branch of a state or national non-profit organization) Milestones for an individual or organization, such as major birthdays or anniversaries  Retirements of individuals who have made significant contributions to the community
City Council/RSA Agenda 180 Tuesday, August 8, 2023
 Local art and cultural celebrations
 Public awareness campaigns

2. Proclamations that fall within the categories listed above will be approved by the City Clerk’s Office in consultation with the Mayor. Requests for proclamations that do not meet the criteria listed above will be considered on a case by case basis by the Mayor and may be referred to the City Council pursuant to the below procedure:
 The Mayor may authorize the proclamation for issuance at a future City Council meeting.  Should the Mayor not authorize the proclamation, the Mayor will inform the City Council during the Good of the Order portion of the subsequent City Council meeting and the City Council, by a majority vote, may agendize the proclamation for discussion at the subsequent City Council meeting where it can be considered for approval and subsequent issuance.
 All proclamations must meet the standards and guidelines identified in this policy.

3. The City retains the right to modify, edit, or otherwise amend the proposed proclamation to meet the City’s requirements, needs, or policy determinations. The City reserves the right to decline any request for a proclamation.

4. Regardless of whether a proclamation qualifies under the above guidelines, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official City position or endorsement.

However, this prohibition shall not be interpreted as preventing the City from recognizing cultural events or holidays celebrated by religious groups in the City.

5. Proclamations will not recognize any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Union City.

6. No proclamation shall be used as a part of an advertisement or commercial promotion without the express permission of the City in conjunction with the Mayor’s Office.

C. Procedure

1. Requests for proclamations may be made by:
 The Mayor or any member of the City Council
 A resident of the City of Union City or a representative of a local organization for which the Proclamation is requested.

2. Requests must be made to the City Clerk’s Office in writing via email, hand-delivery, or U.S. mail. Requests that fall within the eligible categories in Section B.1 above must be made six (6) weeks in advance of the date the proclamation is needed. Requests that fall outside of the eligible categories in Section B.1 above must be made eight (8) weeks in advance of the date the proclamation is needed. Requests made less than six (6) weeks or eight (8) weeks City Council/RSA Agenda 181 Tuesday, August 8, 2023
(depending on the category) in advance will not be granted, except in limited circumstances where approved by the Mayor.

3. The following information should be included in each request:
 Contact person’s first and last name, phone number and email address.  A brief summary of the event or organization.
 Specific name and date for the day, week or month or event to be proclaimed.  Indicate whether the requester would like the proclamation to be presented at a Council Meeting. Requests must be made six (6) weeks or eight (8) weeks, as required by this policy, in advance of the date the proclamation is needed and must identify who will accept the proclamation.
 The date of the Council Meeting to be presented or the date by which the proclamation is needed.
 Draft text of the proclamation, including four to five recitals (i.e. “whereas” clauses).
 If the proclamation will not be presented at a City Council meeting, provide a mailing address where the final proclamation may be sent or indicate that the proclamation will be picked up, including the receiver’s name and title.  Proclamations must fit on a single 8 ½” x 11” page and be in 11 or 12 point font, with room remaining for the Mayor’s and City Councils’ signature.

4. If a proclamation is presented at a City Council meeting, presentation and receipt of the proclamation shall not exceed five (5) minutes, except as otherwise approved by the Mayor.

City Council/RSA Agenda 182 Tuesday, August 8, 2023
Desk Item 5.J
DATE: AUGUST 8, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY
SUBJECT: DESK ITEM 5.J
The attached includes a minor revision to the Service Awards, Recognitions And Proclamations Policy with the added language highlighted.

City Council/RSA Agenda 183 Tuesday, August 8, 2023
CITY COUNCIL POLICY:

SUBJECT: SERVICE AWARDS, RECOGNITIONS AND PROCLAMATIONS PURPOSE:

The purpose of this policy is to establish guidelines and procedures for recognizing and encouraging contributions made by individuals or groups toward the City and/or community betterment. These individuals and organizations will be recognized by the City Council for various civic contributions.

EMPLOYEE SERVICE AWARDS
Service Awards are given in recognition of the number of years of service provided to the City by an employee, elected official or Council appointee.

1. Awards will be given annually for 5, 10, 15, 20, etc., years of service.

2. Individuals who, in the aggregate, have provided service to the City as an employee , elected official, member of a City board, commission or committee, and/or provided service as a Council appointee are eligible for the award.

3. Employee shall be presented with a Resolution from City Council to coincide with the years of service award.

4.3.Service awards will be issued on the recommendation of the City Manager or at the discretion of the Mayor.

PROCLAMATIONS & CERTIFICATES
A. Policy
It is the policy of the City of Union City that proclamations recognizing special events, achievements, or service to the community or City shall be made at the discretion of the Mayor or as otherwise provided in accordance with the criteria specified in this policy.

B. Eligibility

1. Proclamations may be issued in recognition of the following:
• Extraordinary achievement or outstanding community service • Charitable fundraising events of local non-profit organizations (i.e., a Union City non-profit or a local branch of a state or national non-profit organization) City Council/RSA Agenda 184 Tuesday, August 8, 2023
Milestones for an individual or organization, such as major birthdays or anniversaries • Retirements of individuals who have made significant contributions to the community
• Local art and cultural celebrations
• Public awareness campaigns

2. Proclamations that fall within the categories listed above will be approved by the City Clerk’s Office in consultation with, or may be referred to the Mayor at the discretion of the City Clerk.

Requests for proclamations that do not meet the criteria listed above will be considered on a case by case basis by the Mayor and may be referred to the City Council pursuant to the below procedure:.
• The Mayor may authorize the proclamation for issuance at a future City Council meeting. • Should the Mayor not authorize the proclamation, the Mayor will inform the City Council during the Good of the Order portion of the subsequent City Council meeting and the City Council, by a majority vote, may agendize the proclamation for discussion at the subsequent City Council meeting where it can be considered for approval and subsequent issuance.
• All proclamations must meet the standards and guidelines identified in this policy.

3. The City retains the right to modify, edit, or otherwise amend the proposed proclamation to meet the City’s requirements, needs, or policy determinations. The City reserves the right to decline any request for a proclamation.

4. Regardless of whether a proclamation qualifies under the above guidelines, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues which may suggest an official City position or endorsement.

However, this prohibition shall not be interpreted as preventing the City from recognizing cultural events or holidays celebrated by religious groups in the City or circumstances regarding human success, hardship or grief impacting a community within the City.

5. Proclamations will not recognize any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Union City.

6. No proclamation shall be used as a part of an advertisement or commercial promotion without the express permission of the City in conjunction with the Mayor’s Office.

C. Procedure

1. Requests for proclamations may be made by:
• The Mayor or any member of the City Council
• A resident of the City of Union City or a representative of a local organization for which the Proclamation is requested.

2. Requests must be made to the City Clerk’s Office in writing via email, hand-delivery, or U.S. mail. Requests that fall within the eligible categories in Section B.1 above must be made six (6) weeks in advance of the date the proclamation is needed. Requests that fall outside of the eligible categories in Section B.1 above must be made eight (8) weeks in advance of the date the proclamation is needed. Requests made less than six (6) weeks or eight (8) weeks City Council/RSA Agenda 185 Tuesday, August 8, 2023
(depending on the category) in advance will not be granted, except in limited circumstances where approved by the Mayor.

3. The following information should be included in each request:
• Contact person’s first and last name, phone number and email address. • A brief summary of the event or organization.
• Specific name and date for the day, week or month or event to be proclaimed. • Indicate whether the requester would like the proclamation to be presented at a Council Meeting. Requests must be made six (6) weeks or eight (8) weeks, as required by this policy, in advance of the date the proclamation is needed and must identify who will accept the proclamation.
• The date of the Council Meeting to be presented or the date by which the proclamation is needed.
• Draft text of the proclamation, including four to five recitals (i.e. “whereas” clauses).
• If the proclamation will not be presented at a City Council meeting, provide a mailing address where the final proclamation may be sent or indicate that the proclamation will be picked up, including the receiver’s name and title. • Proclamations must fit on a single 8 ½” x 11” page and be in 11 or 12 point font, with room remaining for the Mayor’s and City Councils’ signature.

4. If a proclamation is presented at a City Council meeting, presentation and receipt of the proclamation shall not exceed five (5) minutes, except as otherwise approved by the Mayor.

City Council/RSA Agenda 186 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ACCEPT COMPLETION OF THE UNION CITY INNOVATIVE

DEPLOYMENTS TO ENHANCE ARTERIALS (IDEA) GRANT TRAFFIC
SIGNAL CONTROL UPGRADES PROJECT, CITY PROJECT NO. 17-27, AND

THE PASSIVE PEDESTRIAN DETECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 17-27A
Staff recommends the City Council adopt a resolution accepting completion of the Union City Innovative Deployments to Enhance Arterials (IDEA) Grant Traffic Signal Control Upgrades Project, City Project No. 17- 27, and the Passive Pedestrian Detection Improvement Project, City Project No.17-27A.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
In 2017, Public Works staff applied for grant funding under the Metropolitan Transportation Commission’s (MTC) Innovative Deployments to Enhance Arterials (IDEA) Grant program. The IDEA Grant program was designed by MTC to help cities, counties and transit agencies deploy advanced technologies to enhance mobility, sustainability, and safety along major arterials. The City’s IDEA Grant application was subsequently selected for approval by MTC staff and, at its regular meeting on September 25, 2018, the City Council passed Resolution No. 5391-18, approving the Funding Agreements with MTC to provide $709,475 with a City match of $360,500 (Attachment 1), for a total project cost of $1,069,975.

Separately, on June 17, 2019, the City and Alameda County Transportation Commission (Alameda CTC) entered into a Project Funding Agreement, A19-0066.A1, that approved $221,000 of Transportation For Clean Air (TFCA) funding to be used as part of City’s match in the construction phase (Attachment 2). On June 28, 2022 the City Council passed Resolution No. 5965-22, approving an extension of project funding agreement A19- City Council/RSA Agenda 187 Tuesday, August 8, 2023
0066.A1 and accepting $221,000 for use in the Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, an expansion of the original project to improve crosswalk safety at four key intersections.

The project involved two main contracts, the first with Q-Free Intelight, of Tucson, AZ, approved with Resolution No. 5636-20 by City Council on August 11, 2020, which covered the scope of the IDEA Grant Traffic Control Upgrades Project, City Project No. 17-27. The second contract, with Rhythm Engineering, LLC, of Lenexa, Kansas, completed the scope of City Project No. 17-27A, the IDEA Passive Pedestrian Detection Project, and was approved with Resolution No. 5914-22 by City Council on April 12, 2022.

DISCUSSION
The project scope consisted of the following improvements:

1. Installation of Automated Traffic Performance Measures (ATSPM) on several corridors throughout the City.

2. Deployment of Adaptive Signal Control Technology (ASCT) along Union City Boulevard and Decoto Road.

3. Upgrade of traffic controllers and communications systems on severalcorridors throughout the City.

4. Installation of passive pedestrian detection technology at the following intersections (17-27A):
a. Meyers Drive and Decoto Road;
b. Alvarado-Niles Road and RoyalAnn Drive;
c. Alvarado-Niles Road and Hop Ranch Road; and
d. Alvarado Boulevard and Dyer Street
Implementation of these technologies has improved:

1. Travel time and reliability along arterials for autos and transit vehicles;

2. Safety amongst motorists, transit riders, bicyclists, and pedestrians; and

3. Efforts to reduce greenhouse gas emissions and fuelconsumption.

The consultants began work in June 2021 and substantially completed the work in December 2022. The final cost for the project, including hardware purchases, was $1,051,413.65, approximately 2% lower than projected. There are no outstanding expenses for this project.

FISCAL IMPACT
The project was originally funded with MTC IDEA Grant funds, in the amount of $709,475, with an anticipated City local match of $360,500, for a project total budget of $1,069,975. Alameda CTC later provided $221,000 in funds as the City local match for construction. Local matching funds came from the Traffic Signalization Fund (Fund 2610), in the amount of $100,000, and the Gas Tax Fund (Fund 2510), in the amount of $260,500.

The final cost for the project, including hardware purchases, was $1,051,413.65, approximately 2% lower than projected. The City has been reimbursed by MTC, in the amount of $618,916, for these two projects. A TFCA funding reimbursement request was sent by staff on July 31, 2023, to Alameda CTC, in the amount of $221,000. In summary:

Total project cost ($1,051,413.65)
MTC reimbursement $ 618,916.00
Alameda CTC TFCA reimbursement $ 221,000.00
City local match ($ 211,497.65)
City Council/RSA Agenda 188 Tuesday, August 8, 2023
There are no outstanding expenses for this project.

RECOMMENDATION
Staff recommends the following:

1. Adopt the attached resolution accepting completion of work of both the Union City IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27, and the Passive Pedestrian Detection Improvement Project, City Project 17-27A.

2. Direct the City Clerk to record the Notices of Completion for each project with the Office of the County Recorder of Alameda County, California.

Prepared by:

Trieu Tran, Civil Engineer III
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - MTCAgreement Attachment
Attachment 2 -Alameda CTCAgreement Attachment
Resolution Resolution
Exhibit A - Certificate of Completion 17-27 Exhibit
Exhibit B- Notice of Completion 17-27 Exhibit
Exhibit C- Certificate of Completion 17-27A Exhibit
Exhibit D- Notice of Completion 17-27A Exhibit
City Council/RSA Agenda 189 Tuesday, August 8, 2023
Jake Macke»zie, Chair
Sonoma County and Cities

METROPOLITAN

TRANSPORTATION

COMMISSION
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA 94105
415.778.6700
WWW.Inte.C3.gOW
Scott Haggerty, Vice Chair
Alameda County
Alida C. Aguirre
Cities of San Mateo County
To,,, Azumbrado
U.S. Department of Housing
and Urban Development
Jeannie Bruins
Cities Or SUlint Clara County
Damon Connolly
A lulu County and Cities
Dave Cortese
Santa Clara County
Carol Dutra-Vernaci
Cities of Alameda County
Dorene M. Giacopini
U.S. Department of Transportation
Federal D. Glover
Contra Cost-a County
Anne W Halsted
San Francisco Bay Conservation
and Development Commission
Nick Josejbwitz
San Francisco Mayor's Appointee
Jane Kim
City and County of San Francisco
Sam Liccardo
Bali°. Mayor's Api.intec
Alfredo Pedroza
Napa County and Cities
Julie Pierce
Association of Bay Area Governments
Libby Schaaf
Oakland A layork Appointee
Wanvn Slocum
San Mateo County
James R Spering
Solano County and Cities
Tony Tavares
California State
Transportation Agency
Amy R. Worth
Cities of Contra Costa County
Steve Hentingcr
Executive Director
Ails Bockehnan
Deputy Executive Director, Policy
Andrew B. Premier
Deputy F.xesluive Director, Operations
Brad Paul
Deputy Executive Director,
LOCUI Government Services
September 17, 2018
Tony Acosta
City Manager
City of Union City
4009 Alvarado-Niles Road
Union City, CA 94587
RE: Funding Agreement for Innovative Deployments to Enhance Arterials (IDEA) Category 1 Project — Local Match Contribution
Dear Futrell:

This letter, effective as of July 1, 2018 ("Effective Date"), is the agreement between the City of Union City ("UNION CITY") and the Metropolitan Transportation Commission ("MTC") to cover UNION CITY's local match contribution for the deployment of the Innovative Deployments to Enhance Arterials (IDEA) Category 1 project ("the PROJECT").

It is agreed that MTC and UNION CITY shall lead the procurement of all necessary equipment, systems, and/or services required to successfully deploy all elements of the PROJECT, as described in Attachment A, Scope of Work, attached hereto and incorporated by this reference and in UNION CITY's project application dated September 29, 2017, also incorporated herein by this reference.

It is agreed that UNION CITY shall forward to MTC the agreed-upon amount of thirty-eight thousand, five hundred and six dollars ($38,506), as set forth in Attachment B, Project Budget, to meet its local match requirement for the MTC-led work under the IDEA Program.

MTC's Project Manager shall be Lulu Mao. UNION CITY's Project Manager shall be Michael Renk. The Project Managers will be responsible for all day-to-day communications between the Parties at any time. Either Party may designate another individual to serve as Project Manager, and shall give the other Party due notice.

City Council/RSA Agenda 190 Tuesday, August 8, 2023
MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category I