Union City City Council
September 26, 2023

TABLE OF CONTENTS
TABLE OF CONTENTS.......................................................................................2

1. BACKGROUND.............................................................................................4

2. GENERAL......................................................................................................4

3. SCHEDULE OF EVENTS..............................................................................4

4. PROPOSAL SUBMISSION ...........................................................................5

5. MINIMUM QUALIFICATIONS .......................................................................5

6. SCOPE OF SERVICES.................................................................................5 Preventative and Routine Maintenance........................................................................................... 6 On-Call Support and Emergency Repair......................................................................................... 6

7. SPECIAL PROVISIONS................................................................................7 Response and Service ....................................................................................................................... 7 Detector Loops/Cameras................................................................................................................... 8 Video Detection ................................................................................................................................... 9 Training................................................................................................................................................. 9 Traffic Control ...................................................................................................................................... 9 Maintenance Record .......................................................................................................................... 9 New Traffic Signals........................................................................................................................... 10 Subcontracting................................................................................................................................... 10 Unsatisfactory Work.......................................................................................................................... 10 Consultation ....................................................................................................................................... 11 Unauthorized Construction .............................................................................................................. 11 Signal Power Turn-Off...................................................................................................................... 11 Signals on Flash................................................................................................................................ 11 Agency Notification ........................................................................................................................... 11 Salvaged Equipment ........................................................................................................................ 12 Normal Working Day ........................................................................................................................ 12 Measurement and Payment ............................................................................................................ 12

8. STATEMENT OF QUALIFICATIONS FORMATE AND CONTENT ............12

9. SELECTION CRITERIA...............................................................................14

10. RIGHTS OF THE CITY................................................................................14 City Council/RSA Agenda 183 Tuesday, September 26, 2023

ATTACHMENT A: LIST OF TRAFFIC SIGNALS
ATTACHMENT B: TRAFFIC SIGNAL MAP
ATTACHMENT C: SAMPLE CONTRACT SERVICE AGREEMENT
City Council/RSA Agenda 184 Tuesday, September 26, 2023

1. BACKGROUND
The City of Union City (hereinafter referred to as the “City”) is seeking qualified firm(s) to perform maintenance, on-call support, and emergency repair services for traffic signals. The City currently owns and operates 61 signalized intersections. This Request for Proposals (“RFP”) is being made available to entities who are qualified to perform the entire scope of the services as described in this RFP. All interested firms shall have sufficient, readily available resources in the form of trained personnel, support services, specialized staff, and financial resources to carry out the work without delay or shortcomings.

The City reserves the right to reject any or all proposals and waive any informality or minor defects in proposals received.

2. GENERAL
The selected consultant will enter into a Contractual Services Agreement which will specify the billing rates, personnel to be assigned, and other items. The City is requesting services for a minimum term of one (1) year, renewable for two additional one (1) year periods, upon mutual consent of the City and Consultant. Approximately 60 days prior to end of each agreement period, a meeting may be held between the consultant and City to conduct a performance review, revise the scope and/or language of the agreement, and submit the consultant’s most current rate schedules.

The Contractual Services Agreement requires the City Council’s approval. Extensions to the term of agreement, as allowed, will be subject to review and approval of the Public Works Director, City Manager, or City Council. The proposal shall provide an estimated expected annual service agreement cost that will be incurred by the City.

3. SCHEDULE OF EVENTS
This request for proposal shall be governed by the following schedule:

Release of RFP Tuesday, February 28, 2023
Deadline for Written Questions Wednesday, March 15, 2023 @ 5PM PST Responses to Questions Posted on Web Friday, March 24, 2023 Proposal Due Thursday, March 30, 2023 @ 2PM PST
Interview (if held) Week of April 10, 2023
City Council Contract Award May 9, 2023
City Council/RSA Agenda 185 Tuesday, September 26, 2023

4. PROPOSAL SUBMISSION
Proposals are due by: 2:00PM PST, Thursday, March 30, 2023. All proposals mailed or delivered shall be submitted in a sealed envelope. The envelope shall be clearly labeled on the outside “REQUEST FOR PROPOSALS (RFP) FOR TRAFFIC SIGNAL

MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES (City Project No. 23-20)” 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 March 30, 2023 before 2:00PM PST. Include proposal name and name of the proposer in the email’s subject line.

5. MINIMUM QUALIFICATIONS
In order to qualify for selection, the consultant must meet the following minimum requirements:
1) Must be able to perform the work as described in Scope of Services. 2) Must possess a valid California State Contractor’s License, Class A or a combination of Class C-10 (Electrical) and C-12 (Earthwork and Paving), throughout the duration of the Contractual Service Agreement term. 3) Must have sufficient, experienced personnel and equipment to perform all the work required described in this RFP.
4) Must have a proven track record of having provided traffic signal maintenance services for three (3) or more cities and/or communities over the past three (3) years.

6. SCOPE OF SERVICES
Traffic signal maintenance services shall include, but not necessarily be limited to the preventive and routine maintenance, on-call support, and emergency repair of equipment associated with the City of Union City’s traffic signal system. The selected City Council/RSA Agenda 186 Tuesday, September 26, 2023

firm will provide these services for all traffic signals and associated equipment owned and operated by the City of Union City.

The City of Union City currently owns and maintains 61 traffic signals. A list of traffic signal locations within the City of Union City is provided as Attachment A. The same unit rates per the proposed fee schedule shall be applied for any additional traffic signals installed during the term of the contract.

The City’s traffic signal system consists entirely of 332 McCain cabinets that house primarily 2070LX Intelight/MaxTime controllers. All cabinet doors are key locked padlocks. Auxiliary equipment also housed in the controller cabinets includes Opticom emergency vehicle pre-emption, wireless communication devices, and detection systems. All intersections are running Q-Free’s MaxTime V2.8.0 local traffic signal management software. There are seven intersections along Decoto Rd. and six intersections along Union City Blvd. running MaxTime MaxAdapt V2.1.1 on Q-Free’s Adaptive Signal Control Technology (ASCT). As the City modernizes the citywide traffic signal system, equipment within the traffic signal cabinets are expected to be replaced as needed.

The following areas of experience and expertise are not intended to be exclusive; other services may be sought as the need arises.

Preventative and Routine Maintenance
Periodic inspection, testing, record keeping, cleaning, repair, and replacement of all traffic signal equipment in order to prevent or reduce the occurrence of potential malfunctions and extend the useful life of the equipment. Preventative and routine maintenance of the City’s traffic signal system shall include, but not limited to, the following:

Preventative Service of Traffic Signals
• Clean all signal lenses and Emergency Vehicle Pre-Emption (EVP) units • Strobe test EVP system with an emitter for all approaches • Check all vehicular detector units for tunning and operation • Check all pedestrian push buttons for functional operation • Test battery back-up system
• Check cabinet ventilation fan for thermal control and operation • Vacuum cabinet and replace filter
• Verify intersection signal timing and timing-logs are present and accurate
On-Call Support and Emergency Repair
On-call support and emergency repairs to damaged or malfunctioning equipment shall be performed by the selected firm at the direction of the Engineer and shall constitute work made necessary due to damage due to City Council/RSA Agenda 187 Tuesday, September 26, 2023

collision, Acts of Nature, malicious mischief or replacement of obsolete or malfunctioning equipment.

On-Call Support
• Diagnose traffic signal operation issues in the field • Locate detector loops, conduit locations and other underground electrical facilities
• Traffic signal repairs may be provided at the City’s request or in response to a condition noted by the consultant, with authorization from the City
• Vehicle and pedestrian signal indications to be re-lamped on an asneeded bases rather than all at once Emergency Repair
• 24-hours callout service for pole knockdowns, accident damage or other situations that may create a safety concern
• Accident damage repair includes cleanup of equipment debris, erection of barricades or signs, hookup of a temporary signal controller, temporary poles and signals, if necessary, traffic control, and any other work required to safeguard against any or all injury or damage to the public and reduce to a minimum any inconvenience to the traveling public
• Replacement of burned-out signal indications shall be performed immediately when requested by the City

7. SPECIAL PROVISIONS
Response and Service
The consultant shall provide response and service in the following manner:
1) The Contractor shall designate and inform City staff of a telephone number(s), where he/she can be reached concerning response or on-call maintenance.

The Contractor shall be accessible at the telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an email address for transmitting documents shall be owned and operated by the Contractor.
2) When a traffic signal installation or system master is malfunctioning, or is out of order due to equipment failure or to external damage, the Contractor shall respond to correct the malfunction or failure with response time specified below:
a. When the notification is sent by City staff to the Contractor between 8:00AM and 5:00PM, the response time shall not exceed two (2) hours, Monday through Friday.

City Council/RSA Agenda 188 Tuesday, September 26, 2023

b. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.
c. When a situation exists that City staff deems dangerous/hazardous or an emergency and so advises the Contractor, the Contractor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.
d. Contractor’s response to emergency repair should be coordinated with City staff.
3) A traffic signal installation may include, but not limited to: traffic signal controller and cabinet, safety lighting, illuminated street name signs, pedestrian signals, flashing beacons, detector systems, interconnect cable, Opticom, lighted crosswalks and radar signs, video detection, battery backup and equipment required to operate these facilities.
4) The Contractor shall restore normal operation of each traffic signal or system master covered under this contract within twenty-four (24) hours of notification.

On this end, the Contractor shall install a City supplied controller unit and/or cabinet that can provide the same signal operation, insofar as phasing and time, until the existing controller unit and/or cabinet can be returned to service or replaced. The installation of a substitute cabinet shall be considered as traffic signal repair/response maintenance.
5) In the event the Contractor is required to furnish a controller unit or cabinet, prior approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The Contractor shall use only City-recommended and supplied controllers, such as 2070LX Intelight/Max Time or McCain 2070. The Contractor shall not use any other type of controllers from other manufactures not recommended by City staff.
6) If temporary stop signs are in place at the intersection when the Contractor arrives, the Contractor shall coordinate with City staff regarding removal of the signs when the traffic signal is placed in operation.
7) If the response time exceeds eight (8) hour or more, City staff reserves the right to have the repairs done by another company at the sole expense of the Contractor. All penalty costs will be deducted from the monthly payments to the Contractor.
8) The Contractor shall provide all material and equipment required for responsive maintenance. Permanent repairs shall be completed as soon as possible, and, in all cases, within thirty (30) days, unless extended, due to unusual circumstances, by City staff. City staff may extend the maximum response time if materials are unavailable.

Detector Loops/Cameras
On request, the Contractor shall test detector loops, detection cameras and detector lead-in-cables for Meg Ohms reading, continuity, frequency, and inductance. At the City Council/RSA Agenda 189 Tuesday, September 26, 2023

request of City staff, the Contractor shall be available to mark and locate detector loops, conduit locations and other underground electrical facilities.

Video Detection
The Contractor shall provide qualified personnel to install, test, adjust and clean the video detection system. Otherwise, the Contractor will be responsible to hire the manufacturer video detection to program the camera at their expense.

Training
City staff may request training in the use of certain equipment and or traffic signal software. This training will be provided on an hourly labor basis, as required. Tasks may include programming of a controller, video detection system and any assistance to City staff.

Traffic Control
1) The Contractor shall conduct operations to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades, and lights and shall furnish sufficient flagmen to give adequate warning to the public, at all times, that the road or street is under construction and of any dangerous conditions that may be encountered as a result thereof, in accordance with the CA-MUTCD.
2) Whenever it is necessary to block any traffic lanes in order to complete any portion of the work, the Contractor shall notify the Union City Police Department and Fire Department, as well as City staff. Lane closure and times scheduled for closure shall be subject to approval of City staff. At least one(1) lane of traffic shall be kept open in each direction, at all times. On major arterials, no lane closures shall take place before 9:00AM or after 3:00PM, without prior approval from City staff.
3) Failure on the part of the Contractor to provide adequate signing and barricading will give authority to City staff to provide such protection, as in necessary by City forces or an independent contractor. All costs of protection shall be charged to the Contractor. Repetitive failure shall be sufficient cause to terminate the contract.

Maintenance Record
The following records shall be maintained by the Contractor covering signal maintenance activities:
1) A record of all service calls, repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the Contractor, at the time of any repair or modifications. A duplicate record will be kept on file in the Contractor’s office and will be sent to City Council/RSA Agenda 190 Tuesday, September 26, 2023

City staff, included on the monthly summary report. The Contractor shall supply a copy of the maintenance record to City staff.
2) Signal-timing charts will be kept in the controller cabinet. The Contractor shall record all signal-timing changes on these charts and identify the personnel implementing the change and dates of changes. Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance operations, such as detector failures, but must inform City staff immediately of each change.
3) A duplicate record of all service calls, repairs, and relevant date pertaining to each individual intersection is to be kept on file in the Contractor’s office and available to the City upon request.
4) A database shall be maintained indicating previous maintenance and scheduled maintenance.

New Traffic Signals
The Contractor shall provide the following services to facilitate the installation of a new traffic signal:
1) Prior to the acceptance of a new traffic signal by the City, the Contractor will inspect the traffic signal and prepare a punch list for corrective measures (if required). The signal construction Contractor will undertake all corrective measures.
2) The Contractor shall test related timing plans in the controller for new traffic signals before they are installed.
3) The Contractor shall provide qualified personnel to make all necessary field connections of the new traffic signal to the controller. This includes, but is not limited to, signal interconnect cables, detector lead-in cable, video detection. 4) The Contractor shall be present at all signal turn-ons even if the traffic signal is being constructed by a different contractor.

Subcontracting
The Contractor shall not subcontract any part of this maintenance contract and shall not retain another organization to perform maintenance except specific work as authorized by City staff.

Unsatisfactory Work
Any repair or maintenance operations deemed unsatisfactory, any equipment found not properly maintained or any repair found not properly corrected, or any repair or extra work found necessary by City staff shall be reported to the Contractor and confirmed in writing. Upon receipt of such report, the Contractor shall immediately make the necessary corrections and perform any work necessary to bring the system up to the standard prescribed by City staff. The Contractor shall submit a report to City staff indicating that the work covered by the report has been completed, giving the date or completion of the work.

City Council/RSA Agenda 191 Tuesday, September 26, 2023

Consultation
The Contractor shall designate representatives in the Contractor’s organization, one of whom shall always be available to City staff for consultation. This consultation shall consist of cost estimates for traffic signal repairs, accidental damage repairs, replacement of obsolete or deteriorated signal systems, and recommendation on anticipated changes in the signal system. The Contractor shall furnish the names, addresses, telephone numbers, and email address of Contractor’s representative to City Staff.

Unauthorized Construction
The Contractor shall promptly report to City staff any unauthorized construction or repair work being done by others upon the City’s equipment being maintained by the Contractor. The Contractor shall also report any construction or repair work in progress, which may endanger or damage the equipment of the system. City staff shall keep the Contractor informed as to street work or development, which affects the system.

Signal Power Turn-Off
The Contractor shall notify the Union City Police and Fire Departments and City staff of any signal turn-offs and turn-on’s necessitated by his/her operation when such turnoffs and turn-on’s will require law enforcement personnel assistance.

Signals on Flash
Any signalized intersections in a flashing operation shall be considered a temporary emergency mode of operation. The Contractor shall organize, direct, and prepare the maintenance operation such that the cause of the flashing is determined promptly, is repair promptly, and the intersection returned to its programmed mode of operation.

Agency Notification
The Contractor shall promptly notify City staff of the disablement of any piece of equipment on any system due to an accident or other causes, such as damaged cable, broken parts, or other difficulties when such pieces of equipment cannot be readily repaired making it necessary to discontinue normal operation of all or part of the installation. The Union City Police Department shall also be notified of such occurrences. In the course of performing its duties, which includes traveling to and from any worksite, the Contractor shall notify City staff of any incidents and/or conditions, beyond the scope of this agreement, which may disrupt or hinder property operation of, or impair view of, any equipment covered by this agreement. The timeliness of the Contractor’s notification shall be consistent with the urgency of the situation, but in not event shall it be greater than seventy-two (72) hours.

City Council/RSA Agenda 192 Tuesday, September 26, 2023

Salvaged Equipment
The Contractor shall deliver and stockpile any salvageable equipment or materials to a location within the City’s jurisdiction, designated by City Staff. All the usable signal material in the event of a knockdown or accident shall be returned to the City.

Normal Working Day
The “normal working day” is defined herein as between 8:00AM and 5:00PM, Monday through Friday, except holidays and weekends. Any work reported to City staff to the Contractor during this time shall be charged at the regular rate. No work other than emergency repair shall be approved at the overtime rate.

Measurement and Payment
Payments will be made according to the appropriate schedule. Any item not listed in the schedule requires authorization from City staff for approval prior to work execution.

Payment will be made in accordance with concurred hourly labor rates and equipment rates plus the marked-up invoice costs of materials. The material markup is not to exceed 10% under any circumstances for work performed under this contract.

8. STATEMENT OF QUALIFICATIONS FORMATE AND

CONTENT
The Statement of Qualifications shall be brief, precise, and shall not include unnecessary promotional material. The Statement of Qualifications shall not exceed ten (10) pages, single-sided, excluding resumes, and shall be submitted on 8 ½” x 11” paper.

The Statement of Qualification shall contain the following elements in the exact order and segment listed below:
a. Cover Letter. Describe your firm or team’s interest and commitment in providing Traffic Signal Maintenance services to the City. The letter shall be signed by a person authorized to negotiate a contract with the City. b. Staffing, Team Experience and Understanding of Requested Services & Objectives. Describe the qualifications and experience of the team members expected to be assigned to this project. The description shall include previous experience with similar on-call contracts. Include an organization chart and provide a matrix including which projects team members have worked on together in the past. Provide a discussion demonstrating the firm’s City Council/RSA Agenda 193 Tuesday, September 26, 2023

understanding of the services to be provided and their significance to the overall City goals.

Indicate the average response time that the City should expect on routine maintenance calls.
c. Experience providing similar service. The consultant must present significant evidence of successful completion of similar on-call services provided for local government clients over the past five years.
d. Resumes. Include single page resumes of the engineers, planners, technicians, and other key personnel to be assigned to the consulting team. It is expected that designed key staff will remain for the duration of the agreement. Key staff substitution will be allowed only after consultation and concurrence with the City.
e. Reference. Provide at least three references (name, agency, title, address, and telephone number) for recent similar or related work. f. Rate Schedule. Present proposed compensation rate schedule for services.

At a minimum, the following cost items shall be included in all rate schedules:
• Hourly labor and equipment rates for various personnel, equipment, vehicles, etc., including:
o General Service – Ladder Truck and Man
o Crane and Man Pole Know Down Service
o Second Man for Knock Down Service
• Hourly labor and equipment rates (overtime) for various personnel, equipment, vehicles, etc., including:
o General Service – Ladder Truck and Man
o Crane and Man Pole Know Down Service
o Second Man for Knock Down Service
• Travel time hourly rate(s) shall be indicated if different from hourly labor rate(s) • Traffic Signal Preventative Maintenance (per intersection) • Materials prices provided shall include delivery
• Material Markup (%)
• The City will provide a list or non-emergency items to be repaired once a week, which allows the Contractor to respond to several repairs during a single trip.

Indicate the minimum time that would be charged on a billing for a typical, routine repair.
g. City’s Standard Contractual Services Agreement. A sample of City’s Standard Contractual Services Agreement (Agreement), including insurance requirements, is provided as Attachment C. If the interested firm would like to City Council/RSA Agenda 194 Tuesday, September 26, 2023

request amendments or exceptions to the Agreement and/or insurance requirements, these shall be specifically noted in the Statement of Qualifications. Otherwise, provide confirmation of your firm’s ability to meet the City’s Standard Services Agreement and insurance requirements.

Requested amendments and exceptions will be taken into consideration in evaluating the Statement of Qualifications. Request for amendments and/or exceptions to the Agreement will not be considered if not included in the submitted Statement of Qualifications.
h. Other Relevant Information. Provide additional relevant information that may be helpful in the selection process.

9. SELECTION CRITERIA
A Review and Selection Committee, made up of City staff and other professionals, will evaluate the contractors based on the proposals to determine which contractor is best qualified to perform the work. The Selection Committee may either directly select the contractor after reviewing the proposal or prepare a shortlist of contractors of whom may be invited for an interview.

Criteria Weight

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

2. Contractor’s Proposed Work Plan 30pt.

3. Fee Schedule 20pt.

4. Project Team 10pt.

5. Overall Quality of Proposal 10pt.

Total: 100 Points
Final Selection will be based on the review of the proposals, interview with the selected contractors if any, and recommendations from past and current clients. The City will begin negotiating a firm contract with the highest ranked Contractor. If the City is unable to negotiate a satisfactory agreement with its first choice it will enter negotiations with the next choice.

10. RIGHTS OF THE CITY
In connection with this procurement process, including the receipt and evaluation of Proposals, City reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without, the right to:

City Council/RSA Agenda 195 Tuesday, September 26, 2023

• Cancel, withdraw, reissue, modify, postpone, or extend this RFP, in whole or in part, at any time, without incurring any obligations or liabilities. • Issuing addenda to the RFP.
• Modify the procurement schedule.
• Waive deficiencies, informalities, and irregularities in a Proposal and accept and review a non-conforming Proposal.
• Suspend and terminate the procurement process or terminate evaluations of Proposal received.
• Permit corrections to data submitted with any Proposals. • Hold meetings and interviews, and conduct discussion and correspondence, with one or more of the Respondents to seek an improved understanding of any information contained in a Proposal.
• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposal.
• Seek clarification from any Respondent to fully understand information provided in the Proposal.
• Reject a Proposal containing exceptions, additions, qualifications or conditions not called for in the RFP or otherwise not acceptable to the City. • Conduct an independent investigation of any information, including prior experience, identified in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means. • Request additional information from a Respondent during the evaluation of its Proposal.
• Utilize all ideas presented in various proposals and incorporate these ideas into the contract of the selected Proposer.
• Accepting and negotiating with a Contractor any combination of services, the services and combination to be chosen by the City in its sole discretion.

City Council/RSA Agenda 196 Tuesday, September 26, 2023 ATTACHMENT A: LIST OF TRAFFIC SIGNALS
City Council/RSA Agenda 197 Tuesday, September 26, 2023 # Major St Cross St
1 Alvarado Blvd Fair Ranch Rd
2 Alvarado Blvd Fredi St
3 Alvarado Blvd Galaxy Dr
4 Alvarado Blvd New Haven St
5 Alvarado-Niles Rd Almaden Blvd
6 Alvarado-Niles Rd Central Ave
7 Alvarado-Niles Rd Decoto Rd
8 Alvarado-Niles Rd Dowe Ave
9 Alvarado-Niles Rd Hop Ranch Rd
10 Alvarado-Niles Rd Medallion Dr
11 Alvarado-Niles Rd Nidus/Meyers
12 Alvarado-Niles Rd Osprey Dr
13 Alvarado-Niles Rd Royal Ann Dr
14 Alvarado-Niles Rd Santa Maria Dr
15 Alvarado-Niles Rd Union Square
16 Alvarado-Niles Rd Western Ave
17 Courthouse Dr Holly Way
18 Decoto Rd 5th St
19 Decoto Rd 7th St
20 Decoto Rd Meyers/Union Square
21 Decoto Rd Perry Rd
22 Decoto Rd Royall Ann/Clover
23 Dyer St Alvarado Blvd
24 Dyer St Alvarado-Niles Rd
25 Dyer St Courthourse Dr
26 Dyer St Empire Realty
27 Dyer St Lucky Dr
28 Dyer St Meteor/Cabello
29 Dyer St Regents Blvd
30 Dyer St Santa Susana Way
31 Dyer St Star Center Dr
32 Union City Blvd Alvarado Blvd
33 Union City Blvd Bettencourt Way
34 Union City Blvd Delores Dr
35 Union City Blvd Dyer St
36 Union City Blvd Horner St
City Council/RSA Agenda 198 Tuesday, September 26, 2023 37 Union City Blvd Jean Dr
38 Union City Blvd Kohoutek Way
39 Union City Blvd Lowry Rd
40 Union City Blvd Regents Blvd
41 Union City Blvd Rocklin Dr
42 Union City Blvd Smith St
43 Union City Blvd Whipple Rd
44 Union Landing Lowe's
45 Whipple Rd Ahern Ave
46 Whipple Rd Barnard White
47 Whipple Rd Central Ave
48 Whipple Rd Ithaca St
49 Whipple Rd Kohoutek Way
50 Whipple Rd Railroad Ave
51 Decoto Rd 11th St
52 Lowry Rd Corchero Way
53 Lowry Rd Regents Blvd
54 Alvarado-Niles Rd Hartnell St
55 Smith St Tidewater Dr
56 Decoto Rd Station Way
57 Union Square Bart Station
58 Dyer St Jean Dr
59 Alvarado-Niles Rd HAWK Pedestrian Crossing
60 11th St Berger Way
61 11th St Duncan Way
City Council/RSA Agenda 199 Tuesday, September 26, 2023 ATTACHMENT B: TRAFFIC SIGNAL MAP
City Council/RSA Agenda 200 Tuesday, September 26, 2023 ATTACHMENT C: SAMPLE CONTRACT

SERVICE AGREEMENT
City Council/RSA Agenda 201 Tuesday, September 26, 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

TRAFFIC SIGNAL MAINTENANCE SERVICES
CITY PROJECT NO. 23-20
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 September 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 202 Tuesday, September 26, 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 Two Hundred Thousand Dollars ($200,000) 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 203 Tuesday, September 26, 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 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 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.

2.7 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 City Council/RSA Agenda 204 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 4 of 22 services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work 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.
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
City Council/RSA Agenda 205 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 5 of 22 Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.

C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
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 206 Tuesday, September 26, 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 City Council/RSA Agenda 207 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 7 of 22 to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to 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 208 Tuesday, September 26, 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 209 Tuesday, September 26, 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 210 Tuesday, September 26, 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 211 Tuesday, September 26, 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 212 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 12 of 22

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 213 Tuesday, September 26, 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 214 Tuesday, September 26, 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 215 Tuesday, September 26, 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 Signalized Intersections owned by City of Union City. The Contract covers the Traffic Signal system, the interconnect system, safety lighting, IISNS signs, Battery Back-Up system, the Emergency Pre-emption system, CCTV and On-Street masters.

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 Traffic Signal 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 Traffic Signal to fail or malfunction will be repaired or replaced with same or equivalent as approved by the City Engineers. ▪ Cal-West agrees that any work performed, or materials used during the allotted period of Scheduled Maintenance shall have “NO ADDITIONAL LABOR CHARGE” and shall cost the rate of materials only. ▪ 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 immediately notify the City’s Police/Sheriff Department and the Engineer of any Signal turn-offs or
Signal on Flash necessitated by their operations in excess of fifteen (15) minutes. ▪ Cal-West shall maintain adequate storage and shop facilities and a sufficient stock of fully tested controllers, spare
parts and signal equipment to effectively maintain Traffic Signals. ▪ 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.

City Council/RSA Agenda 216 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 16 of 22 ▪ 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 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.

Cal-West has not been terminated from any maintenance contracts and has never failed to satisfactorily complete any work awarded.

TASK 1 - ROUTINE MONTHLY MAINTENANCE (Traffic Signals)
TASK 1A- Preventive Monthly Maintenance (routine)

1. Inspect Signal Controller and Cabinet Contents for proper functioning to include:
a. Check general overall appearance of Controller Cabinet, Type 3 Service and Battery Back-Up Cabinets (vacuum if necessary)
b. Check presence of Signal Cabinet Wiring Schematics and Records c. Verify current Signal Controller Timing-Logs
d. Verify Programmed Signal Controller Timing matches Intersection Timing-Logs e. Signal Controller and Conflict Monitor functioning in relation to traffic f. Loop Detector Amplifiers (tune if necessary)
g. Video Detection Unit/Camera Alignment (if applicable) h. Load Switches and Relays
i. Light Switches and Ground-Fault Receptacles
j. Cabinet Fan and Thermostat
k. Battery Back-Up Unit charging system (if applicable) l. Inspect Pre-emption System
m. Inspect Signal Interconnect
n. Wire Terminals for corrosion and integrity of all wire connectionsns (including BBS battery terminals)
o. Ground Rod and Grounding System for corrosion and integrity of wire connections p. Cabinet Filter for cleanliness and serviceability (clean or vacuum if necessary) q. Weather-proof gasket on Controller Cabinet and all other associated Cabinets r. Inspect hinges and door locking mechanisms and lubricate if needed

2. Inspect Intersection for proper functioning to include:
s. Vehicular Signals for alignment, paint, outages, bent, broken, corroded hardware t. Pedestrian Signals and Audibles for alignment, paint, outages, bent, broken, corroded hardware
u. Ped Push-Buttons for Signal Controller actuation and bent, broken, corroded hardware v. Signal Poles for paint, dents or cracks and missing hand hole covers w. Pull-Boxes for cracked, broken or missing lids.

City Council/RSA Agenda 217 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 17 of 22 x. Loops in Roadway for exposed, torn, or broken wires

3. Record Date and Time along with findings and work performed TASK 1B - Preventive Semi-Annual Maintenance (to coincide with monthly)

1. Take voltage measurements from Back-Up Batteries

2. Test Battery Back-Up by disconnecting PG&E power at service cabinet

3. Visually check integrity of wire splices

4. Adjust all mast arm mounted street name signs as needed

5. Record Date and Time along with findings and work performed TASK 1C - Preventive Annual Maintenance (to coincide with monthly and semi-annual)

1. Inspect Utility Electrical Service Cabinet and hardware supplying power to Signal Controller Cabinet

2. Take voltage measurements at service inputs to Signal Controller Cabinet from Utility Service Feed

3. Take voltage measurements at BBS inputs from Utility Service Feed (if applicable)

4. Take voltage measurements at service inputs to Signal Controller Cabinet from BBS (if applicable)

5. Replace Signal Cabinet Filter if nylon-mesh type

6. Vacuum and clean Signal Cabinet Filter if aluminum-mesh type

7. Inspect hinges and locking mechanisms on All Signal Associated Cabinets and lubricate if needed

8. Record Date and Time along with findings and work performed TASK 2 - MONTHLY MAINTENANCE (Extras)

1. Items not listed in “Routine Maintenance” shall be billed as “Maintenance Extras” in accordance with and outlined under Labor and Equipment, and Material Rates to include:
a. Emergency service calls such as but not limited to Signal Controller malfunction or knock-downs
b. Work performed or materials used outside of the allotted period of Scheduled Maintenance 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.

ANNUAL MAINTENANCE ESTIMATED COSTS:

Task 1 - Routine Traffic Signal Maintenance $ 61,200
Task 2 - Maintenance Extras (Emergency Calls) $ 45,600
Task 2 - Maintenance Extras (Projects/Knockdowns) $ 93,200 Total Annual Maintenance Costs $ 200,000
Total Contract Cost for 2 Years $ 400,000
City Council/RSA Agenda 218 Tuesday, September 26, 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 - A,B,C-ROUTINE MONTHLY MAINTENANCE (Traffic Signals) ▪ Routine Traffic Signal Maintenance rates are set under the assumption of Routine services being performed within one (1) hour or less per-intersection. ▪ Traffic Signals: Routine Maintenance of Traffic Signals shall cost the rate of seventy dollars ($70.00) per-intersection per-monthly inspection.

Any work performed or materials used during the allotted period of Scheduled Maintenance shall have
“NO ADDITIONAL LABOR CHARGE”
and shall cost the rate of materials only, listed under “Material Rates” TASK 2 - MONTHLY MAINTENANCE EXTRAS
Items not listed in “Routine Maintenance” shall be billed as “Maintenance Extras” in accordance with and outlined under Labor and Equipment, and Material Rates to include:
a. Emergency service calls such as but not limited to Signal Controller malfunction or knock-downs
b. Work performed or materials used outside of the allotted period of Scheduled Maintenance or malfunctions caused by vandalism, power issues, 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
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
Traffic Signal Technician: $ 130.00 / hr $ 220.00 / hr
General Laborer: $ 75.00 / hr $ 115.00 / hr
Equipment:

City Council/RSA Agenda 219 Tuesday, September 26, 2023 Consulting Services Agreement between
City of Union City and Cal-West Lighting and Signal Maintenance, Inc. Page 19 of 22 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
Additional:

Straight-Time Over-Time
General Service Ladder Truck/Man $ 160.00 / hr $ 250.00 / hr Crane and Mane Pole Knockdown Service: $ 160.00 / hr $ 250.00 / hr Second Man for Knowdown Service: $ 100.00 / hr $ 140.00 / hr Material Rates
MATERIALS: All material rates shall be set at invoice cost plus an overhead mark-up of: 10% *Rates are subject to 4% annual increase pursuant to the Bay Area Consumer Price Index City Council/RSA Agenda 220 Tuesday, September 26, 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 221 Tuesday, September 26, 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 222 Tuesday, September 26, 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 223 Tuesday, September 26, 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 AND SIGNAL MAINTENANCE, INC., IN THE AMOUNT OF $400,000, FOR A TWENTY-TWO-MONTH PERIOD, FOR

TRAFFIC SIGNAL MAINTENANCE, ON-CALL SUPPORT, AND EMERGENCY REPAIR SERVICES, CITY PROJECT NO. 23-20, AND APPROPRIATING $100,000

FROM THE UNASSIGNED FUND BALANCE OF THE MEASURE F VEHICLE

REGISTRATION FEE FUND
WHEREAS, the City of Union City owns and maintains sixty-one (61) existing traffic signals, one High Intensity Activated Crosswalk (HAWK) system, one flashing beacon, and two Rectangular Rapid Flashing Beacons (RRFB) crossings within the City; and WHEREAS, the City receives federal, state, and local transportation funds for traffic signal improvements and equipment upgrades to support the City’s Capital Improvement Program (CIP); and
WHEREAS, on February 28, 2023, the City of Union City released a Request for Proposal for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-20; and
WHEREAS, on March 30, 2023, the City of Union City received four proposals from DC Electric Group Inc., Bear Electrical Solutions, St. Francis Electric, and Cal-West Lighting and Signal Maintenance, Inc. Subsequent interviews were held, with the selection panel consisting of Public Works staff, and the panel selected Cal-West Lighting and 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 and Signal Maintenance, Inc. will perform a continuous and comprehensive routine traffic signal maintenance and support program, and respond to emergency services for repairs/replacement on the City’s traffic signals to ensure safe and sound signalized intersections operations; and
WHEREAS, the Consulting Services Agreement with Cal-West Lighting and Signal Maintenance, Inc. in the amount of $400,000, for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services, City Project No. 23-20, has a twenty-two-month term with an option, if mutually agreeable by the City and Cal-West, for a third year; and WHEREAS, $50,000 has been budgeted in Fiscal Year 2023-2024 in both the Measure F Vehicle Registration Fee (VRF) Fund (Fund 2544) and the Traffic Signalization Fund (Fund 2610) for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services, City Project No. 23-20; and
WHEREAS, funds are available in the unassigned fund balance of the Measure F Fund to cover the shortfall of $100,000 in Fiscal Year 2023-2024; and City Council/RSA Agenda 224 Tuesday, September 26, 2023 Resolution No. XXXX-23

WHEREAS, $70,000 has been budgeted in Fiscal Year 2024-2025 in the Measure F Vehicle Registration Fee Fund (Fund 2544) and $50,000 has been budgeted in Fiscal Year 2024- 2025 in the Traffic Signalization Fund (Fund 2610) for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services, City Project No. 23-20; and WHEREAS, funds are available in the unassigned fund balance of the Measure F Fund to cover the shortfall of $80,000 in Fiscal Year 2024-2025 and will be included in the Fiscal Year 2024-2025 budget appropriations resolution to be presented in June 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Consulting Services Agreement with Cal-West Lighting and Signal Maintenance, Inc., in the amount of $400,000, for a twenty-twomonth period, for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services, City Project No. 23-20; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves an appropriation of $100,000 from the unassigned fund balance of the Measure F Vehicle Registration Fee Fund in Fiscal Year 2023-2024 to Account Number 2544-3199-92320- 54111 for Traffic Signal Maintenance, On-Call Support, and Emergency Repair Services Project, City Project No. 23-20.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of September 2023, by the following vote:

AYES:

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 225 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT WITH THE
PROFESSIONAL TREE CARE COMPANY, IN THE AMOUNT OF $310,250,

FOR THE ANNUAL TREE PRUNING & REMOVAL PROJECT, CITY
PROJECT NO. 24-10, AND APPROVING A CONTRACT AMOUNT UP TO $365,000, WHICH INCLUDES A CONTINGENCY OF $54,750, FOR FISCAL YEAR 2023-2024; AND AUTHORIZING THE CITY MANAGER, IN HER

SOLE DISCRETION, TO EXERCISE THE OPTION TO EXTEND THE

AGREEMENT FOR A SECOND YEAR, FOR AN ADDITIONAL AMOUNT
UP TO $365,000, FOR FISCALYEAR 2024-2025
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a contractual services agreement with The Professional Tree Care Company, in the amount of $310,250, for the Annual Tree Pruning & Removal Project, City Project No. 24-10, and approving a contract amount up to $365,000, which includes a contingency of $54,750, for Fiscal Year 2023-2024; and authorizing the City Manager, in her sole discretion, to exercise the option to extend the agreement for a second year, for an additionalamount up to $365,000, for FiscalYear 2024-2025.

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
Union City has over fifty thousand City-maintained trees in parks, public streets and around City facilities. On a rotating basis, trees are inspected, trimmed, pruned, and, on rare occasions, removed based on criteria that City Council/RSA Agenda 226 Tuesday, September 26, 2023 balances the protection of the tree as an investment with safety and aesthetics. Each year, the Public Works Grounds Division reviews the tree pruning needs of the City and makes recommendations as to which trees, in which neighborhoods, should be pruned. A project is then prepared and advertised for bids.

In addition to tree pruning, the project also includes up to 60 hours of emergency response time for the contractor to mobilize manpower and equipment during storm events to clear incidents of fallen branches or trees in the public right-of-way. This takes the pressure off City crews to respond to these incidents as they are often occupied with other storm-related tasks and have limited capacity.

Stump grinding is not included in the project because the City has the ability to do that work with its own crews.

DISCUSSION
The Request for Proposals for the 2023-2024 Tree Pruning Project, City Project No. 24-10 was made available on July 13, 2023, on the City website, as wellas being sent to the active builder exchanges listed in the California Uniform Construction Cost Accounting Commission’s Cost Accounting Policies and Procedures Manual 2019 Edition and published in the TriCity Voice newspaper for three consecutive weeks, beginning with the July 18, 2023, edition. Four (4) bids were received and were opened on August 8, 2023, at 2 p.m. at City Hall.

A total of four (4) bids were received and opened, with bids ranging from the lowest bid at $277,350 and the highest bid at $426,900. The lowest bidder was Greenfield Tree Services of Vallejo, California. However, their bid was found to be non-responsive due to the following:

Lack of valid bid bond in sealed bid
Lack of notarization of required bid documentation
Notification of disqualification was communicated and sent by letter on August 15, 2023.

The next lowest responsive bidder was The Professional Tree Care Company of Berkeley, California, with a base bid amount of $310,250. Notice of this selection was given on August 21, 2023.

FISCAL IMPACT
Staff recommends a total budget of $365,000 per fiscal year, which willaward the proposed project in the base bid amount of $310,250 with $54,750 in contingency (approximately 18%). The contingency will allow the City to respond to emergency situations, such as fallen trees during major storm and strong wind events, and other unplanned tree maintenance at bid unit prices.

Maintenance contract amount per FY $310,250
Contingency (~18% of maintenance contract) per FY $54,750 Overall estimated maintenance cost per FY $365,000
The approved 5-year Capital Improvement Plan (CIP) has identified the following project funding sources for FY 2023-2024 and FY 2024-2025:

FY2023-2024
Gas Tax Fund 2510-3199-92410-54111 $200,000
City Council/RSA Agenda 227 Tuesday, September 26, 2023 Lighting & Landscaping Fund 2591-3199-92410-54111 $165,000 Overall annual funding from all sources $365,000
FY2024-2025
Gas Tax Fund 2510-3199-92410-54111 $200,000
Lighting & Landscaping Fund 2591-3199-92410-54111 $165,000 Overall annual funding from all sources $365,000
Total overall funding from all sources $730,000

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a contractual services agreement with The Professional Tree Care Company, in the amount of $310,250, for the Annual Tree Pruning & Removal Project, City Project No. 24-10, and approving a contract amount up to $365,000, which includes a contingency of $54,750, for Fiscal Year 2023-2024; and authorizing the City Manager, in her sole discretion, to exercise the option to extend the Agreement for a second year, for an additionalamount up to $365,000, for FiscalYear 2024-2025.

Prepared by:

Jesus Banuelos, Parks and Grounds Supervisor
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Notice of Bid Attachment
Attachment 2 - ServiceAgreement Attachment
Resolution Resolution
Exhibit A - Bid Summary Exhibit
Exhibit B- Bid Tabulation Exhibit
City Council/RSA Agenda 228 Tuesday, September 26, 2023

CITY OF UNION CITY

DEPARTMENT OF PUBLIC WORKS
CITY PROJECT NO. 23-10

NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the plans entitled: 2023 TREE PRUNING PROJECT, CITY PROJECT NO. 23-10, 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, August 8th, 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 $300,000.

The Contractor shall possess a Class D-49 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 tree pruning services with a small allowance for tree removal and emergency call out work. As the City’s annual tree maintenance contract, the project duration is one-year, with the possibility of being extended an additional year.

All questions should be emailed or fax to Jesus Banuelos 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 229 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
1 CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

AGREEMENT

THE PROFESSIONAL TREE CARE COMPANY
2023-2024 TREE PRUNING PROJECT
CITY PROJECT NO. 24-10
The City of Union City (“City”) enters into this contract (“Agreement”), dated for reference purposes only, with THE PROFESSIONAL TREE CARE COMPANY (“Contractor”).

RECITALS

1. NOTICE INVITING BIDS. The City gave Notice Inviting Bids for the submission of bids on or before 2:00 PM PST on August 8, 2023, for the 2023-2024 TREE PRUNING PROJECT, City Project No. 24-10 (“Project”), by published notice and/or posting in accordance with California Public Contract Code Section 20164 and other applicable laws and regulations.

2. BID OPENING. At 2:00 PM PST on August 8, 2023, City representatives opened the bids for the Project and read the bids aloud.

3. PROJECT AWARD. On the date of September 26, 2023, the City Council awarded the Project to the Contractor and directed City staff to send the Contractor written Notice of Award of the project. The City Council conditioned the award of the project on the Contractor’s providing complete, accurate, and executed copies of all documents specified in the Contract Check List included in the bid package within ten (10) working days of receiving written Notice of Award of the project.

4. REQUIRED DOCUMENTS. The Contractor has provided the City with complete, accurate, and executed copies of all documents specified in the Contract Check List included in the bid package within ten (10) working days of receiving written Notice of Award.

AGREEMENT TERMS
The City and the Contractor agree as follows:

1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, services, labor, materials, and skill necessary to perform and complete in a good and workmanlike manner the construction of the Project (“Work”) as shown in the bid package and in accordance with the Contract Documents and applicable laws and regulations.

2. LOCATION OF WORK. The Work will be performed at the location(s) listed in the Project Plans and Technical Specifications.

City Council/RSA Agenda 230 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
2 3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within One Calendar Year from the date specified in the City’s Notice to Proceed (“Time for Completion”).

4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, or as such time may be amended by Change Order or other amendment or modification to this Agreement in accordance with its terms and conditions, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this Agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable laws and regulations. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, an assessment of Liquidated Damages of no more than $500 per dayfor each and every calendar day’s delay in finishing the work in accordance with California Government Code Section 53069.85 and the Contract Documents, and/or obtaining or providing for substitute performance in accordance with the Contract Documents. In addition, further requirements for timely completion of individual portions of the project are listed in the General and Special Conditions, Project Plans and Technical Specifications.

5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawful money of the United States the total price of Three Hundred Ten Thousand Two Hundred Fifty ($310,250) Dollars (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule form dated August 4, 2023, and attached to and incorporated in this Agreement. Payment to the Contractor under this Agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable laws and regulations.

The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this Agreement is first modified in accordance with its terms.

The City’s obligation to pay the Contractor under this Agreement is subject to and may be offset by charges that may apply to the Contractor under this Agreement. Such charges include, but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

6. 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.

In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor City Council/RSA Agenda 231 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
3 Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department
- City of Union City, 34009 Alvarado-Niles Road, Union City, California 94587, and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any 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 Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code 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 Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor 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.

7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this agreement as if set forth in full. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

7.1 This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor.

7.2 The Special Conditions, General Conditions and change orders and other amendments to the General Conditions signed by authorized representatives of the City and the Contractor.

7.3 The Technical Specifications, addenda to the Technical Specifications signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by City Council/RSA Agenda 232 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
4 authorized City representatives prior to bid opening, and change orders and other amendments to the Technical Specifications signed by authorized representatives of the City and the Contractor.

7.4 The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.

7.5 Notice Inviting Bids

7.5 Contract Check List and Bidder’s Check List, and Addenda to the Contract Check List and Bidder’s Check List signed by authorized representatives of the City and issued prior to bid opening.

7.6 Proposal to the City Council, Bid Schedule, List of Subcontractors and Bid Label, and amendments to the Proposal to the City Council, Bid Schedule, List of Subcontractors and Bid Label that are written and initialed by the individual signing the bid.

7.7 Bidder’s Bond and amendments to the Bidder’s Bond written and initialed by the individual signing the bid; Performance Bond and Payment/Labor and Materials Bond signed by the Contractor and the Surety; and Maintenance Bond, which must be executed prior to release of final payment under the Contract Documents, signed by the Contractor and the Contractor’s surety or sureties.

7.8 Optional Escrow Agreement for Security Deposits in Lieu of Retention.

7.9 Release Forms, if applicable.

7.10 Certificates of Insurance and Endorsements.

7.11 Title 23, United States Code Section 112 No-collusion Statement.

7.12 California Public Contract Code Section 10285.1 Statement; California Public Contract Code Section 10162 Questionnaire; California Public Contract Code Section 10232 Statement; and California Public Contract Code Section 7106
Noncollusion Declaration to be Executed by Bidder and Submitted with Bid.

7.13 Form 1093 Affirmative Action Program Amendment to Subcontract; Form 1094
City Council/RSA Agenda 233 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
5 Questionnaire on Personnel Practices for Contractors; Form 1095 Notice:

This Company is an Equal Opportunity Employer; and Experience and Financial Questionnaire.

8. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent, nature, scope or meaning of any provision of the Contract Documents, including, but not limited to, the Project Plans and Technical Specifications, must be submitted to the Public Works Director, or his/her designee, for issuance of an interpretation and/or decision on behalf of the City and in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of the Public Works Director, or his/her designee, is binding on the Contractor and shall be final.

9. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this Agreement, or any moneys due or to become under this Agreement, or any other right or interest of the Contractor under this Agreement, or delegate any obligation or duty of the Contractor under this Agreement, without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s surety or sureties will be void and a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.

10. CERTIFICATION RE CONTRACTOR’S LICENSE . By signing this Agreement the Contractor certifies that the Contractor holds a valid C-61/D49, C27, C21 and C31 issued by the Contractors State License Board of California, and that the Contractor understands that failure to maintain its license(s) in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Public Contract Code, California Business and Professions Code and other applicable laws and regulations, and may constitute a material breach of this Agreement subject to all available remedies under the Contract Documents and at law and equity.

11. NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City shall provide the Contractor with timely notice of claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification.

12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

City Council/RSA Agenda 234 Tuesday, September 26, 2023 City Council/RSA Agenda 235 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
7 CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

PERFORMANCE BOND
.... KNOW ALL MEN BY THESE PRESENTS:
.... WHEREAS the City Council of the City of Union City has awarded to THE PROFESSIONAL TREE CARE COMPANY, (designated as the “PRINCIPAL”) a contract for the 2023-2024 TREE PRUNING PROJECT, City Project No. 24-10 , which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and
WHEREAS, said PRINCIPAL is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, WE, the PRINCIPAL and Western Surety Company___ as surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California, are held and firmly bound unto the City (designated as “OBLIGEE”), in the penal sum of Three Hundred Ten Thousand Two Hundred Fifty ($310,250) Dollars lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bound PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the OBLIGEE, it’s officials, officers, employees, volunteers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications or the plans accompanying the same or to any other part of the contract documents, as defined therein, shall in any way affect said SURETY’s obligation on this bond, and the SURETY does hereby waive notice of any such change, extension of time, alteration or addition.

1. And the said SURETY, for value received, hereby stipulates and agrees that upon termination of the Principal’s control of Work for any of the reasons specified in Sections

11.2.1.1 through 11.2.1.6 of the General Conditions of the Contract, the OBLIGEE City Council/RSA Agenda 236 Tuesday, September 26, 2023 City Council/RSA Agenda 237 Tuesday, September 26, 2023 City Council/RSA Agenda 238 Tuesday, September 26, 2023 City Council/RSA Agenda 239 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
9 CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

PAYMENT/LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City Council of the City of Union City has awarded to THE PROFESSIONAL TREE CARE COMPANY, (designated as the “PRINCIPAL”) a contract for the2023-2024 TREE PRUNING PROJECT, City Project No. 24-10 , which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and
WHEREAS, pursuant to California Civil Code Section 9550, the PRINCIPAL is required, before entering upon the performance of the Contract, to file a payment bond with and have such bond approved by the officer or public entity by whom the Contract is awarded; and
WHEREAS, pursuant to California Civil Code Section 9554, such payment bond must be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the Contract, and must satisfy the other requirements specified in that section; and
WHEREAS, the PRINCIPAL is required in accordance with the Contract to furnish a payment bond in connection with the Contract to secure payment of claims of laborers, mechanics and materialmen employed on work under the Contract in accordance with applicable law;
NOW, THEREFORE, THESE PRESENTS WITNESSETH:

That the PRINCIPAL and the undersigned_Western Surety Company_, as surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California are held and firmly bound unto all laborers, material men, and all other persons named in California Civil Code Section 9100 in the sum of Three Hundred Ten Thousand Two Hundred Fifty ($310,250) Dollars lawful money of the United States, being a sum not less than one hundred percent of the total amount payable by the terms of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL or any of the PRINCIPAL’s subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any persons named in California Civil Code Section 9100, or fail to pay for any labor, materials, provisions, provender, or other City Council/RSA Agenda 240 Tuesday, September 26, 2023 City Council/RSA Agenda 241 Tuesday, September 26, 2023 City Council/RSA Agenda 242 Tuesday, September 26, 2023 City Council/RSA Agenda 243 Tuesday, September 26, 2023 Agreement between City of Union City and

THE PROFESSIONAL TREE CARE COMPANY,
City Project No. 24-10
11 CITY OF UNION CITY
34009 Alvarado-Niles Road
Union City, California 94587

MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City Council of the City of Union City has awarded to THE PROFESSIONAL TREE CARE COMPANY (designated as the “PRINCIPAL”) a contract for 2023-2024 TREE PRUNING PROJECT, City Project No. 24-10 , which contract and all of the contract documents as defined therein (designated as the “Contract”) are hereby made a part hereof; and
WHEREAS, the PRINCIPAL is required under the terms of the Contract to furnish a bond for the correction of any defects due to defective materials or workmanship in the work performed under the Contract.

NOW, THEREFORE, we the PRINCIPAL and the undersigned__Western Surety Company_, as surety (designated as “SURETY”), an admitted surety insurer authorized to do business in the State of California, are held and firmly bound unto the City of Union City, (designated as the “OBLIGEE”), in the penal sum of Three Hundred Ten Thousand Two Hundred Fifty ($310,250) Dollars, lawful money of the United States, being a sum not less than ten percent (10%) of the final Contract price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if, during a maintenance period of one (1) year from the date of acceptance by the OBLIGEE of the contracted work, the PRINCIPAL upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects within seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

If any action shall be brought by the OBLIGEE upon this bond, a reasonable attorney’s fee, to be fixed by the Court, shall be and become a part of OBLIGEE’s judgment in any such action.

No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the OBLIGEE named herein or the heirs, executors, administrator or successor of the OBLIGEE.

IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this _18th day of _September_,_2023_ the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

City Council/RSA Agenda 244 Tuesday, September 26, 2023 City Council/RSA Agenda 245 Tuesday, September 26, 2023 City Council/RSA Agenda 246 Tuesday, September 26, 2023 City Council/RSA Agenda 247 Tuesday, September 26, 2023 City Council/RSA Agenda 248 Tuesday, September 26, 2023 City Council/RSA Agenda 249 Tuesday, September 26, 2023 City Council/RSA Agenda 250 Tuesday, September 26, 2023 City Council/RSA Agenda 251 Tuesday, September 26, 2023 City Council/RSA Agenda 252 Tuesday, September 26, 2023 City Council/RSA Agenda 253 Tuesday, September 26, 2023 City Council/RSA Agenda 254 Tuesday, September 26, 2023 City Council/RSA Agenda 255 Tuesday, September 26, 2023 City Council/RSA Agenda 256 Tuesday, September 26, 2023 City Council/RSA Agenda 257 Tuesday, September 26, 2023 City Council/RSA Agenda 258 Tuesday, September 26, 2023 City Council/RSA Agenda 259 Tuesday, September 26, 2023 City Council/RSA Agenda 260 Tuesday, September 26, 2023 City Council/RSA Agenda 261 Tuesday, September 26, 2023 City Council/RSA Agenda 262 Tuesday, September 26, 2023 City Council/RSA Agenda 263 Tuesday, September 26, 2023 City Council/RSA Agenda 264 Tuesday, September 26, 2023 City Council/RSA Agenda 265 Tuesday, September 26, 2023 City Council/RSA Agenda 266 Tuesday, September 26, 2023 City Council/RSA Agenda 267 Tuesday, September 26, 2023 City Council/RSA Agenda 268 Tuesday, September 26, 2023 City Council/RSA Agenda 269 Tuesday, September 26, 2023 City Council/RSA Agenda 270 Tuesday, September 26, 2023 City Council/RSA Agenda 271 Tuesday, September 26, 2023 City Council/RSA Agenda 272 Tuesday, September 26, 2023 City Council/RSA Agenda 273 Tuesday, September 26, 2023 City Council/RSA Agenda 274 Tuesday, September 26, 2023 RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL

SERVICES AGREEMENT WITH THE PROFESSIONAL TREE CARE COMPANY, IN THE AMOUNT OF $310,250, FOR THE ANNUAL TREE PRUNING & REMOVAL PROJECT, CITY PROJECT NO. 24-10, AND APPROVING A CONTRACT AMOUNT UP TO $365,000, WHICH INCLUDES A CONTINGENCY OF $54,750 FOR FISCAL YEAR 2023-2024; AND AUTHORIZING THE CITY MANAGER, IN HER SOLE

DISCRETION, TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT FOR A SECOND YEAR, FOR AN ADDITIONAL AMOUNT UP TO $365,000, FOR FISCAL YEAR 2024-2025
WHEREAS, the City of Union City has over fifty thousand City-maintained trees in parks, public streets and around City facilities. The City annually budgets funds to address the maintenance of City trees, including inspecting, trimming, pruning, and, on rare occasions, removal based on criteria that balances the protection of the tree as an investment with safety and aesthetics; and
WHEREAS, the Request for Proposals (RFP) for the 2023-2024 Annual Tree Pruning Project, City Project No. 24-10 was made available on July 13, 2023, on the City website, as well as being sent to the active builder exchanges listed in the California Uniform Construction Cost Accounting Commission’s Cost Accounting Policies and Procedures Manual 2019 Edition, and published in the Tri City Voice newspaper for three consecutive weeks, beginning with the July 18, 2023 edition; and
WHEREAS, four (4) bids were received and were opened on August 8, 2023, at 2:00 pm at City Hall. The bids ranged from the lowest bid at $277,350 to the highest bid at $426,900 (See Exhibit A and Exhibit B); and
WHEREAS, after further review, the lowest bid was deemed non-responsive with an incomplete bid package and the company was notified of their disqualification in a letter dated August 15, 2023; and
WHEREAS, the second lowest responsible bidder, The Professional Tree Care Company, with a base bid amount of $310,250, was deemed a complete and responsive bid proposal; and
WHEREAS, the total project budget for Fiscal Year 2023-2024 for the Annual Tree Pruning & Removal Project, City Project No. 24-10, consists of a $310,250 base bid amount for The Professional Tree Care Company Contractual Services Agreement, plus a $54,750 contingency amount (approximately 18%) for emergency situations, such as fallen trees during major storms and strong wind events and unplanned tree maintenance at bid unit prices, for a total contract amount of $365,000; and
City Council/RSA Agenda 275 Tuesday, September 26, 2023 Resolution No. XXXX-23

WHEREAS, if the City is satisfied with the performance of the Professional Tree Care Company, the City Manager has the authorization, in her sole discretion, to exercise the option to extend the contract for another year, increasing the compensation by an additional amount of $310,250, and adding an additional contingency amount of $54,750, for an overall contract budget of $365,000 for Fiscal Year 2024-2025; and
WHEREAS, the 5-year Capital Improvement Plan for FY 2023-2024 through FY 2027- 2028 has identified an annual budget of $200,000 in the Gas Tax Fund (2510-3199-92410- 54111) and $165,000 in the Lighting & Landscaping Fund (2591-3199-92410-54111) for both FY 2023-2024 and FY 2024-2025, which is available to use each year to award the base contract in the amount of $310,250, with a contingency in the amount of $54,750 for any additional emergency situations and unplanned tree pruning, for an overall contract amount of $365,000 for each FY 2023-2024 and FY 2024-2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Manager is hereby authorized to execute a contractual services agreement with The Professional Tree Care Company, in the amount of $310,250, for the Annual Tree Pruning & Removal Project, City Project No. 24-10, with the ability to amend the contract with a contingency amount up to $54,750, for a contract amount up to $365,000, for Fiscal Year 2023- 2024; and
BE IT FURTHER RESOLVED by the City Council of the City of Union City that the City Manager is hereby authorized to exercise the option to extend the agreement with The Professional Tree Care Company for a second year, for an additional amount up to $365,000, for Fiscal Year 2024-2025.

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 276 Tuesday, September 26, 2023

CITY OF UNION CITY

BID SUMMARY
PROJECT: 2023 Tree Pruning Project
Project No. 23-10
Project Manager: Jesus Banuelos
DATE: August 8, 2023
TIME: 2:00 p.m.

LOCATION: City Council Chambers
No BIDDERS BID AMOUNT
*CORRECTED

BID AMOUNT

1. West Coast Arborist, Inc $341,000.00 $341,000.00

2. The Professional Tree Care Co. $310,250.00 $310,250.00

3. Bay Area Tree Specialist $426,900.00 $426,900.00

4. Green Field Tree Service, Inc. $277,350.00 $277,350.00

5. 6.

7. 8.

9. I, Anna M. Brown, City Clerk of the City of Union City, do hereby certify that on August 8, 2023, I received and opened four (4) 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 277 Tuesday, September 26, 2023

BASE BID
ITEM No. ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE UNIT PRICE AMOUNT UNIT PRICE AMMOUNT UNIT PRICE AMMOUNT UNIT PRICE AMOUNT 1 Emergency Response - Hourly rate for a two-person crew with aeriel lift truck and a chipper. Includes travel time one direction and 2-hour minimum 60 HRS 550 33,000.00 $ 220 13,200.00 $ 250 15,000.00 $ 300 18,000.00 $ 2 Tree Removal - Medium (12"-17.9") 35 EA 1100 $ 38,500.00 800 $ 28,000.00 1500 $ 52,500.00 950 $ 33,250.00 3 Tree Removal - Large (18"-23.9") 10 EA 1880 $ 18,800.00 1400 $ 14,000.00 2350 $ 23,500.00 1950 $ 19,500.00 4 Tree Removal - Very Large (24" and greater) 15 EA 3770 $ 56,550.00 2200 $ 33,000.00 4200 $ 63,000.00 3450 $ 51,750.00 5 Tree Pruning - Grid work, Small (0" - 11.9") 225 EA 130 $ 29,250.00 120 $ 27,000.00 100 $ 22,500.00 125 $ 28,125.00 6 Tree Pruning - Grid work, Medium (12" - 17.9") 330 EA 250 $ 82,500.00 200 $ 66,000.00 175 $ 57,750.00 225 $ 74,250.00 7 Tree Pruning - Grid work, Large (18" - 23.9") 140 EA 380 $ 53,200.00 250 $ 35,000.00 250 $ 35,000.00 375 $ 52,500.00 8 Tree Pruning - Grid work, Very Large (24" and greater) 60 EA 500 $ 30,000.00 380 $ 22,800.00 325 $ 19,500.00 625 $ 37,500.00 9 Tree Pruning - Add-on, Small (0" - 11.9") 5 EA 120 $ 600.00 90 $ 450.00 100 $ 500.00 125 $ 625.00 10 Tree Pruning - Add-on, Medium (12" - 17.9") 30 EA 250 $ 7,500.00 95 $ 2,850.00 175 $ 5,250.00 225 $ 6,750.00 11 Tree Pruning - Add-on, Large (18" - 23.9") 25 EA 380 $ 9,500.00 250 $ 6,250.00 250 $ 6,250.00 375 $ 9,375.00 12 Tree Pruning - Add-on, Very Large (24" and greater) 10 EA 500 $ 5,000.00 380 $ 3,800.00 325 $ 3,250.00 625 $ 6,250.00 13 Additional cost per tree for enhanced traffic control involving a lane closure adjacent to high traffic volume streets
25 EA
2500 62,500.00 $ 1000 25,000.00 $ 250 6,250.00 $ 125 3,125.00 $ $ 277,350.00 426,900.00 $ 310,250.00 $ 341,000.00 $
$ 277,350.00 426,900.00 $ 310,250.00 $ 341,000.00 $
WRITTEN 426,900.00 $ 277,350.00 $ 310,250.00 $ 341,000.00 $

CITY OF UNION CITY
34009 Alvarado Niles Road
1 2
Bid Ranking (1 - lowest)
Bay Area Tree Specialists
2022-23 Tree Pruning Project
City Project No. 23-10
BID SCHEDULE 3
Green Field Tree Services Inc The Professional Tree Care Co. West Coast Arborists, Inc.

Grand Total (Base+Alt)
Total (Basis of Award)
4 City Council/RSA Agenda 278 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A GRANT OF WATER LINE EASEMENT TO ALAMEDA

COUNTY WATER DISTRICT (ACWD) IN ASSOCIATION WITH THE
NUVERA HOMES DEVELOPMENT (TRACT MAP 7728) BY TURK ISLAND

VENTURES, LLC
Staff recommends that the City Council authorize the City Manager to execute a Grant of Water Line Easement (WLE) to Alameda County Water District (ACWD) in association with Nuvera Homes, a 33-lot single family residential development (Tract Map 7728) by Turk Island Ventures, LLC. The proposed water line easement would run through the existing parking lot drive aisle of Seabreeze Park.

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

Goal C, Strategy 5: Promote housing development for all income levels in the community by updating zoning ordinance to include objective standards in order to streamline development and facilitating the development of affordable housing.

BACKGROUND
At its meeting of October 11, 2022, the City Council approved Final Tract Map 7728, and the associated Subdivision Improvement Agreement with Turk Island Ventures, LLC (Nuvera Homes) for a proposed 33-lot single family residential development.

The Nuvera Homes development site is located west of Union City Boulevard and is bound by Seabreeze Park to the north, Westport Way to the south, Carmel Way to the east, and Turk Island Landfill to the west. This is the last parcel to be developed in the 511 Area Specific Plan which was planned and approved by the City Council in 1987.

City Council/RSA Agenda 279 Tuesday, September 26, 2023 The 33-lot housing development is located on an approximately 6-acre site that was formerly a part of the larger Turk Island Landfill. The parcel was excavated to remove all contaminated soil and clean dirt was imported to enable the housing development. The remediation work has been completed and the construction of the infrastructure has begun.

DISCUSSION
The tract development will include the construction of a public roadway to serve the new houses. The new roadway will have all standard utilities, including storm, sewer, water, electrical and gas facilities. For the sake of redundancy, ACWD requires a ‘looped’ water main to serve the development. This would allow the water service to continue should a portion of the water main be out of service for maintenance or repairs.

The new water main will connect with the existing mains on Westport Way and Carmel Way to form the loop.

However, given the location of the proposed development, adjacent to the City’s parking lot that serves Seabreeze Park, it was necessary to allow a portion of the new water line to be placed in the City’s parking lot to create a redundant, looped system. A portion of the water main willalso be located within an easement inside the tract. Exhibit B shows the location of the easements associated with this development.

In order to allow the installation of the water main on City property, which is not a public right-of-way (public street), it was necessary to grant an easement to ACWD. The City Attorney and the ACWD agreed upon the attached Grant of Water Line Easement (Exhibit A).

Following the adoption of the resolution by the City Council, and execution of the easement by the City Manager, the easement document will be returned to ACWD for acceptance by its Board and recordation at the Alameda County Recorder’s Office.

FISCAL IMPACT
There are no costs or fees associated with granting the water line easement to Alameda County Water District.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a Grant of Water Line Easement to Alameda County Water District in association with Nuvera Homes, a 33-lot single family residential development (Tract Map 7728) by Turk Island Ventures, LLC.

Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
City Council/RSA Agenda 280 Tuesday, September 26, 2023 Resolution Resolution
Exhibit A - Grant of Water Line Easement Exhibit
Exhibit B- Grant of Water Line Easement (Exhibit) Exhibit City Council/RSA Agenda 281 Tuesday, September 26, 2023 RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF WATER LINE

EASEMENT TO ALAMEDA COUNTY WATER DISTRICT (ACWD) IN

ASSOCIATION WITH THE DEVELOPMENT OF NUVERA HOMES
(TRACT MAP 7728) BY TURK ISLAND VENTURES, LLC
WHEREAS, at its meeting of October 11, 2022, the City Council approved Final Tract Map 7728 (Nuvera Homes) for a proposed 33-lot single family residential development by for Turk Island Ventures, LLC; and
WHEREAS, the tract development will include the construction of a public roadway to serve the new houses; and
WHEREAS, for the sake of redundancy, ACWD requires a looped water main to serve the development; and
WHEREAS, the new water main will connect with the existing mains on Westport Way and Carmel Way to form the loop (Exhibit B); and
WHEREAS, the location of the proposed development, adjacent to the City’s parking lot that serves the Sea Breeze Park, made it necessary to allow a portion of the new water line to be placed in the City’s parking lot; and
WHEREAS, to allow the installation of the water main on City property, which is not a public right-of-way (public street), it was necessary to grant an easement to ACWD; and WHEREAS, the City Attorney and the Alameda County Water District Council agreed upon the attached Grant of Water Line Easement (Exhibit A).

NOW, THEREFORE, BE IT HEREBY RESOLVED that City Council adopts this resolution authorizing the City Manager to execute a Grant of Water Line Easement to Alameda County Water District; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit the executed version of said easement document to ACWD for acceptance by its Board and recordation at the Alameda County Recorder’s Office.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 282 Tuesday, September 26, 2023 Resolution No. XXXX-23

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 283 Tuesday, September 26, 2023 FILE REF.: ACWD #2019-0095 (TRACT 7728) ALAMEDA COUNTY A.P.N.: 482-53-4 This Instrument is exempt from Recording Fees
(Gov’t Code Section 27383)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Alameda County Water District
Attn: District Secretary
P.O. Box 5110
Fremont, CA 94537-5110
Grant of Water Line Easement
The undersigned Grantor declares: Documentary transfer tax is $00.00.

Exempt pursuant to Rev. and Tax Code Section 11922 (Governmental Agency acquiring title) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF UNION CITY (“Owner”)
HEREBY GRANTS to the Alameda County Water District (“District”) a perpetual easement over, across, through and/or under the real property described on Exhibit A and depicted on Exhibit B, each of which is attached hereto and incorporated herein (the “Easement Area”). The Easement Area may be used for the purposes of installing, constructing, reconstructing, removing, replacing, repairing, maintaining and using pipeline(s) for the conveyance of potable or nonpotable water, together with valves, braces, concrete vaults and other appurtenances and fittings, devices for controlling electrolysis, and underground wires, cables, conduits and other electrical conductors and appurtenances for power and/or communication purposes, together with ingress and egress across the Easement Area for any of the aforesaid purposes.

This Grant of Easement includes the right to excavate and refill ditches and/or trenches for the location or relocation of such pipelines and appurtenances, and the right to remove trees, bushes, undergrowth and other obstructions interfering with the construction, maintenance, repair, replacement and/or use of such pipelines, and the further right to mark the location of the Easement Area by suitable markers set in the ground, provided that such markers shall be placed in locations which will not interfere with Owner’s rights reserved hereunder. District shall not fence the Easement Area. District shall promptly backfill any excavations made by it on the Easement Area and repair any damage it does to Owner’s property, including the Easement Area, to the condition as reasonably determined by the District and the Owner. District shall obtain all necessary permits and approvals prior to commencing any work in or around the Easement Area. Except in cases of emergency, District shall not perform any work in the Easement Area without first providing the Owner at least fourteen (14) days prior written notice. Submittal of any required permit application to the City shall satisfy this notice requirement.

District shall defend and indemnify and hold harmless Owner, and its officials, directors, officers, agents, employees, consultants and contractors, from and against all liability, claims, demand, damages, losses, expenses and other costs, including the reasonable costs of defense and attorney's fees (collectively, “Liability”), arising out of District’s use of the Easement Area or performance of its obligations hereunder, except to the extent such Liability is caused by negligence or willful misconduct of Owner.

Owner shall defend and indemnify and hold harmless District, and its officials, directors, officers, agents, employees, consultants and contractors, from and against all Liability related to the Easement Area to the extent that the Owner’s negligence or willful misconduct causes the Liability.

CITY OF UNION CITY,
a California municipal corporation
Date: By:

Name:

Title:

SPACE ABOVE THIS LINE FOR RECORDER'S USE
City Council/RSA Agenda 284 Tuesday, September 26, 2023 FILE REF.: ACWD #2019-0095 (TRACT 7728) ALAMEDA COUNTY A.P.N.: 482-53-4

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
On before me,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
City Council/RSA Agenda 285 Tuesday, September 26, 2023 FILE REF.: ACWD #2019-0095 (TRACT 7728) ALAMEDA COUNTY A.P.N.: 482-53-4

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement dated __________________________ from CITY OF UNION CITY, a California municipal corporation, to ALAMEDA COUNTY WATER DISTRICT, a political corporation, is hereby accepted by order of the undersigned officer pursuant to authority conferred by Resolution No. 12- 082 of the Board of Directors of Alameda County Water District adopted on December 13, 2012, and the Grantee consents to recordation thereof by its duly authorized officer.

Dated:

Gina Markou, District Secretary
Alameda County Water District
City Council/RSA Agenda 286 Tuesday, September 26, 2023 City Council/RSA Agenda 287 Tuesday, September 26, 2023 City Council/RSA Agenda 288 Tuesday, September 26, 2023 City Council/RSA Agenda 289 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH PARK ENGINEERING, IN THE AMOUNT OF
$100,000, FOR INSPECTION SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $174,000
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, for Public Works inspection services, for a totalcontract amount of $174,000.

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

Goal D: Create a healthy, sustainable community and maintain and improve the City’s Infrastructure.

BACKGROUND
The inspection staff in the Public Works Engineering Division consists of a Supervising Construction Inspector, a Lead Construction Inspector, and a Public Works Inspector. The Public Works Inspector position became vacant in early June 2023 and Public Works has since contracted with Park Engineering to assist with the demanding inspection workload. Staff anticipates that the vacant position will be filled by the end of this year and requests an amendment to the current contract with Park Engineering until the new inspector is hired.

DISCUSSION
The Public Works inspection staff monitors construction of various projects to ensure the projects meet City engineering standards and are built to City specifications. There are several significant construction projects City Council/RSA Agenda 290 Tuesday, September 26, 2023 underway, including fiber optic infrastructure installations by communication companies throughout the City, PG&E electrical upgrade work on Hilton Street and Arizona Street, several EVgo charging station installations on Decoto Road, a PG&E gas main and service laterals installation on Rocklin Drive and Bel-Aire Street, and Veasy Street sewer main repair work, to name a few. A major PG&E underground electrical project along Decoto Road is also still in progress.

The Public Works inspection staff oversees all the encroachment permit work in City streets. The City requires utility companies and development contractors who construct utility, traffic signal, roadway, or sidewalk improvements within the City’s public rights-of-way to get an Encroachment Permit to ensure that proposed improvements meet the City’s design criteria and standard details. In the past three years, the City has issued about one thousand eighty-eight (1,088) Encroachment Permits totaling over $1,293,000 in revenue, which support the General Fund.

On June 1, 2023, the City entered into a Consulting Services Agreement with Park Engineering (C5967), in the amount of $74,000, to address the vacancy created by the departure of the Public Works Inspector. Staff is satisfied with the performance of Park Engineering and would like to continue using their services.

The First Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, willallow for the continued provision of inspection services for the Public Works Engineering Division until the vacant position is filled, which staff projects will be by the end of 2023.

FISCAL IMPACT
The total cost of the First Amendment to the Consulting Services Agreement with Park Engineering is $100,000 and will be funded with salary savings in the following funds:

FUND ACCOUNT NUMBER AMOUNT
General Fund 1110-3104-33004-51110 $20,000
Gas Tax Fund 2510-3104-33004-51110 $40,000
AW Vehicle Impact Fund 2620-3104-33004-51110 $40,000
Total $100,000

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, for inspection services, for a totalcontract amount of $174,000.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
City Council/RSA Agenda 291 Tuesday, September 26, 2023 ATTACHMENTS:

Description Type
Attachment 1 - First Amendment to CSA Attachment
Resolution Resolution
City Council/RSA Agenda 292 Tuesday, September 26, 2023 First Amendment to the Consulting Services Agreement
between City of Union City and Park Engineering

FIRST AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 26th day of September, 2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and PARK ENGINEERING, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on June 1, 2023, the Parties entered into a Consulting Services Agreement (“Agreement”) wherein the Consultant will provide the City with consulting services related to Encroachment Permit Inspection Services, in the amount of $74,000; and WHEREAS, the Parties desire to amend the Agreement to increase the compensation by $100,000; and
WHEREAS, the City and Consultant desire to enter into this First Amendment.

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

1. Section 2 “COMPENSATION” of the Agreement is hereby amended to increase the total amount of compensation by One Hundred Thousand Dollars ($100,000). The total compensation under the agreement shall not exceed a total contract amount of One Hundred Seventy-Four Thousand Dollars ($174,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Hundred Seventy-Four Thousand Dollars ($174,000), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

2. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.

SIGNATURES ON THE FOLLOWING PAGE
City Council/RSA Agenda 293 Tuesday, September 26, 2023 First Amendment to the Consulting Services Agreement
between City of Union City and Park Engineering

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

THE CITY OF UNION CITY PARK ENGINEERING
By By
Joan Malloy Jaemin Park
City Manager President
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 294 Tuesday, September 26, 2023 RESOLUTION NO. XXXX-23

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

APPROVING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH PARK ENGINEERING, IN THE AMOUNT OF $100,000,

FOR INSPECTION SERVICES, FOR A TOTAL
CONTRACT AMOUNT OF $174,000
WHEREAS, the Public Works Inspector position is currently vacant and the City is actively recruiting to fill the position because of the workload of construction activities with active CIP projects and approved development projects; and WHEREAS, the Public Works inspection staff monitors construction of various projects to ensure they meet City engineering standards and are built to City specifications. There are currently multiple significant construction projects underway, in addition to the encroachment permit work, which generates significant revenue for the City; and
WHEREAS, on June 1, 2023, Union City entered into a Consulting Services Agreement (C5967) with Park Engineering to provide inspection services, in the amount of $74,000; and
WHEREAS, the First Amendment to the Consulting Services Agreement with Park Engineering, in the amount of $100,000, will allow for continued inspection services to assist the Public Works Engineering Division with CIP and development projects, grading and encroachment permits; and
WHEREAS, the First Amendment, in the amount of $100,000, will be funded with salary savings in the following funds: $20,000 in the General Fund - Account No. 1110-3104-33004-51110; $40,000 in the Gas Tax Fund - Account No. 2510-3104-33004- 51110; and $40,000 in the AW Vehicle Impact Fund - Account No. 2620-3104-33004- 51110.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City herby approves the First Amendment to the Consulting Services Agreement with Park Engineering (C5967), in the amount of $100,000, for encroachment permit inspection services, for a total contract amount of $174,000; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Park Engineering.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of September 2023, by the following vote:

City Council/RSA Agenda 295 Tuesday, September 26, 2023 Resolution No. XXXX-23

AYES:

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 296 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

CLASSIFICATION AND COMPENSATION PLAN TO UPDATE THE CLASS SPECIFICATION FOR THE CLASSIFICATIONS OF TRANSIT PLANNER – ASSISTANT, TRANSIT PLANNER – ASSOCIATE, AND VEHICLE HEAVY

EQUIPMENT MECHANIC
Staff recommends that the City Council adopt a resolution to approve an amendment to the City’s Classification and Compensation Plan update the class specifications for Transit Planner – Assistant, Transit Planner Associate, and Vehicle Heavy Equipment Mechanic.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning critical city services with current staffing levels.

BACKGROUND
As part of a review of the Transit Planner - Assistant and Transit Planner - Associate job duties and the needs of the City's Public Works Department relative to finding qualified candidates to conduct a successful recruitment, staff recommends minor modifications to the classification specification/job description. As a part of a review of the Vehicle Heavy Equipment Mechanic, staff is correcting a clerical error/typo in the minimum qualifications of the section of the specification/job description, as consistent with the qualification and expectations of the role.

DISCUSSION
The proposed classification specifications include slight modifications overall. The goal is to provide clarity on essential functions, qualifications and certifications during the next recruitment. The City has met and conferred with the Professional Employees Group (PEG) regarding the proposed revisions to the class specification for Transit Planner – Assistant and Transit Planner - Associate. Additionally, the City has met and conferred with the Service Employees International Union (SEIU) regarding the proposed revisions to the class specifications for City Council/RSA Agenda 297 Tuesday, September 26, 2023 Vehicle Heavy Equipment Mechanic. No change to the current salary ranges for all classification specifications are recommended at this time. The Public Works Department worked with the Human Resources Department to ensure the class specification is updated prior to future recruitments.

FISCAL IMPACT
There is no fiscal impact for the position specification changes being proposed.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specifications/job descriptions of Transit Planner – Assistant, Transit Planner – Associate, and Vehicle Heavy Equipment Mechanic.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Attachment 1:Job Specification, Transit Planner -Assistant (Redlined) Attachment Attachment 2:Job Specification, Transit Planner -Associate (Redlined) Attachment Attachment 3:Job Specification, Vehicle Heavy Equipment Mechanic (Redlined)
Attachment
Resolution Resolution
Job Specification, Transit Planner -Assistant (Clean Copy) Exhibit Job Specification, Transit Planner -Associate (Clean Copy) Exhibit Job Specification, Vehicle Heavy Equipment Mechanic (Clean Copy) Exhibit City Council/RSA Agenda 298 Tuesday, September 26, 2023 1 Assistant Transit Planner
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30501
CreatedUpdated: August
20199/12/2023

DEFINITION
Under close supervision, the Assistant Transit Planner is responsible for providing entrylevel support to assist in the development, administration and analysis of the City’s public transit programs.

CLASS CHARACTERISTICS
This is the entry-level class in the Transit Planner series and will receive direction and guidance from the Transit Manager. Work given to an incumbent in this class involves assisting in analysis and development of transit programs and services, research of new trends in public transit and comparing how Union City provides service delivery, and participation in coordination events or meetings on behalf of Union City is given to an incumbent in this class. The Assistant Transit Planner has basic knowledge of the operating procedures and policies of transit and/or transportation planning. An incumbent may advance to the higher levels after gaining experience and demonstrating proficiency that meets the qualifications of the next higher-level classes. Work is reviewed upon completion of assignments through analysis of draft documents or reports for adequacy, factual content and presentation as well as the soundness of interpretations and conclusions. The Assistant Transit Planner receives considerable direction and assistance from the Transit Manager.

EXAMPLES OF DUTIES (illustrative only)
• Assist in the planning, operations and activities of the City’s public transit programs (fixed route and, paratransit, and microtransit). • Assist in a variety of studies for the preparation, analysis, or evaluation of reports and grant requests.
• Assist in the development of regularly occurring required plans or programs such as the Short Range Transit Plan (SRTP), Title VI and Language Assistance Plan (LAP), Transit Asset Management (TAM) Plan, and Public Transportation Agency Safety Plan (PTASP).
• Assist in the preparation of the scope of work (RFP’s, IFB’s, etc.) and other contract management related tasks such as monitoring and closeout of service and maintenance contracts, professional services, vehicle procurements, etc.

City Council/RSA Agenda 299 Tuesday, September 26, 2023 2 • Use web-based programs designed to provide information to the Computer Assisted Dispatch and Automatic Vehicle Location (CAD/AVL) systems used to track vehicles and provide information to the region’s 511 system. • Work with other City departments, other transit agencies and other public agencies to provide adequate transit amenities, service levels, service coordination and transit or transportation mitigation measures. • Investigate and respond to inquiries and/or requests by members of the public regarding transit system policies, procedures and services. • Provide minor assistance awith the Public Works MaintenanceDepartment Facility (Corporation Yard) as needed where the incumbent’s desk will be located. • Perform related duties, responsibilities and assist in special projects as needed.

QUALIFICATIONS
Any combination of experience and training that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field; and six (6) months of transit planning and/or transportation planning experience which includes, but not limited to, assisting with: field checks, schedule analysis, review transit data, marketing materials, and regional coordination..

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Knowledge Of:
• Basic principles, practices and techniques of transit and/or transportation planning; data sources for transit and/or transportation research. • Basic Microsoft Office
• Planning a trip using an internet based program
• Familiarity Basic familiarity with creating visual graphics digitally or physically. • Basic Paratransit requirements.
• Basic Americans with Disabilities Act (ADA) regulations. • General Civil Rights regulations.
• Funding sources for transit industry.
• Industry trends and legislation pertaining to transit industry.

City Council/RSA Agenda 300 Tuesday, September 26, 2023 3 • Building and Maintaining a General Transit Feed Service (GTFS) along with its variations.

Ability To:
• Assist in administering contractual agreements related to public transit systems. • Assist in analyzing and developing comprehensive basic transit programs. • Gather, organize and analyze statistical data.
• Interpret, explain and apply public transit policies and procedures and regulatory requirements.
• Utilize Microsoft Office, and similar software, create visual graphics and perform office work.
• Planning a trip using an internet based program.
• Express ideas clearly and concisely, orally and in writing to groups and individuals.
• Establish and maintain effective working relationships with other employees and the public.
• Work through direct supervision.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field; and six (6) months of transit planning and/or transportation planning experience.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects.

Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

City Council/RSA Agenda 301 Tuesday, September 26, 2023 4 Incumbents generally work in a typical office environment with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise. This position is based out of the City’s Corporation Yard which is an active operational facility with uneven surfaces and vertical hazards that require appropriate footwear and clothing.

Travel: Positions in this class may require local travel and statewide travel as necessary.

City Council/RSA Agenda 302 Tuesday, September 26, 2023 1 Associate Transit Planner
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30502
CreatedUpdated:

August 20199/12/2023

DEFINITION
Under general supervision, the Associate Transit Planner is responsible for performing paraprofessional work to assist in the development, administration and analysis of the City’s public transit programs.

CLASS CHARACTERISTICS
This is an experienced-level class within the Transit Planner series, and will receive general direction from the Transit Manager. Work given to an incumbent in this class involves general analysis and development of transit programs and services, research of new trends in public transit and comparing how Union City provides service delivery, and participation in coordination events or meetings on behalf of Union City resulting in recommendations based on the incumbent’s work. The Associate Transit Planner has general knowledge of the operating procedures and policies of transit and/or transportation planning. An incumbent may advance to journeyhigher -level after gaining experience and demonstrating proficiency that meets the qualifications of the journeyhighest-level class. The Associate Transit Planner receives general direction from the Transit Manager.

EXAMPLES OF DUTIES (illustrative only)
• Evaluates general planning, operations and activities of the City’s public transit programs (fixed route and, paratransit, and microtransit). • Coordinates a variety of studies for the preparation, analysis, or evaluation of reports and grant requests.
• Prepares the development of regularly occurring required plans or programs, such as the Short Range Transit Plan (SRTP), Title VI and Language Assistance Plan (LAP), Transit Asset Management (TAM) Plan, and Public Transportation Agency Safety Plan (PTASP).).
• Coordinates the preparation of the scope of work (RFP’s, IFB’s, etc.) and other contract management related tasks such as monitoring and closeout of service and maintenance contracts, professional services, vehicle procurements, etc.

City Council/RSA Agenda 303 Tuesday, September 26, 2023 2 • Work with other City departments, other transit agencies and other public agencies to provide adequate transit amenities, service levels, service coordination and transit or transportation mitigation measures. • Use, review, and recommend web-based programs designed to provide information to the Computer Assisted Dispatch and Automatic Vehicle Location (CAD/AVL) systems used to track vehicles and provide information to the region’s 511 system, provide service planning, and can generate the required versions of the general transit feed services by the region and state. •
• Investigate and respond to inquiries and/or requests by members of the public regarding transit system policies, procedures and services. • Provide general assistance atwith the Public Works MaintenanceDepartment Facility (Corporation Yard) as needed where the incumbent’s desk will be located..
• Perform related duties, responsibilities and assist in special projects as needed.

QUALIFICATIONS
Any combination of experience and training that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field.

AND
Two (2) years of direct transit planning and/or transportation planning experience which includes, but not limited to: field checks, schedule analysis, review transit data, marketing materials, and regional coordination -OR- Three (3) years of indirect transit and/or transportation planning experience which may include, but not limited to, transit administrative, Federal Civil Rights compliance, capital procurement, and human services transportation management may be considered in lieu of two (2) years as a planner.

A master’s degree is preferred and can be substituted for one (1) year of experience.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

City Council/RSA Agenda 304 Tuesday, September 26, 2023 3 Knowledge Of:
• Principles, practices and techniques of transit and/or transportation planning; data sources for transit and/or transportation research. • Basic Paratransit requirements.
• Basic Americans with Disabilities Act (ADA) regulations. • Basic General Civil Rights regulations.
• Funding sources for transit industry.
• Industry trends and legislation pertaining to transit industry. • Intermediate Microsoft Office.
• Planning a trip using an internet based program.
• Building and Maintaining a General Transit Feed Service (GTFS) along with its variations.
• Familiarity Intermediate familiarity with creating visual graphics digitally or physically.

Ability To:
• Coordinate the administration of contractual agreements related to public transit systems.
• Coordinate the development and analysis of comprehensive transit programs. • Evaluate joint procurements for use including regulations and limitations. • Evaluate new types of service or programs offered by other agencies for consideration and implementation.
• Gather, organize and analyze statistical data and organize into a presentable format.
• Produce and/or present reports and/or presentations for City Council and oOutside Agencies.
• Interpret, explain and apply public transit policies and procedures and regulatory requirements.
• Utilize Microsoft Office, and similar software, create visual graphics and perform office work.
• Planning a trip using an internet based program.
•
• Express ideas clearly and concisely, orally and in writing to groups and individuals.
• Establish and maintain effective working relationships with other employees and the public.
• Create and mMaintain Ccollateral for pPublication (e.g., in Adobe Creative Suite. Canva, etc.).
• Work under general supervision.

City Council/RSA Agenda 305 Tuesday, September 26, 2023 4 Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field; and two (2) years of transit planning and/or transportation planning experience.

Three (3) years of progressively complex experience in public transit only as coordinator, analyst, technicians, or engineer may be considered in lieu of two (2) years as a planner. A master’s degree is preferred and can be substituted for one (1) year of experience. Non-academic educational development courses may not be considered as part of an incumbents educational requirements, but may be considered as part of an incumbents abilities.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to ten (10) pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise. This position is based out of the City’s Corporation Yard which is an active operational facility with uneven surfaces and vertical hazards that require appropriate footwear and clothing.

Travel: Positions in this class may require local travel and statewide travel as necessary.

City Council/RSA Agenda 306 Tuesday, September 26, 2023 1 Vehicle/Heavy Equipment Mechanic
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50321
Revised: 9/19/2023

DEFINITION
Under the supervision of the Fleet Supervisor, the Vehicle/Heavy Equipment Mechanic performs a wide variety of preventative and periodic maintenance on City owned vehicles and equipment.

CLASS CHARACTERISTICS
This is a journey-level position where the incumbent is expected to provide customer service to City departments operating vehicles and equipment. Incumbent must be able to work independently and/or as a member of a team on various projects as assigned.

EXAMPLES OF DUTIES
• Performs full range of preventative and periodic maintenance and repair, modification and installation services to City fleet;
• Completes service orders on assigned vehicles and equipment by performing preventative maintenance, repair and overhaul of gasoline, diesel, alternative fuel, hybrid and electric automobiles, light and medium duty trucks and related equipment that includes but is not limited to emergency generators, small construction equipment, bituminous machine, trailers, arrow board trailers, message board trailers, gas, diesel, and electric driven carts, landscape trucks, paints prayer trucks and pressure washer trailers;
• Operates a wide variety of automotive related tools and equipment, such as:
electronic engine analyzer and other diagnostic equipment, automotive electrical testing and charging devices; grinding, cutting and welding apparatus; metal fabricating tools; alternative fuel vehicle tools and testers; taps and dies; presses and pullers; air conditioning equipment; and other shop related tools; • Welds and fabricates as needed for repair or construction; repairs and maintains hydraulic systems; diagnoses and repairs electrical systems; • Repairs light and heavy-duty brake systems; maintains emission control systems; repairs and installs tires; maintains shop and facility equipment; • Performs transfers of special gear from old to new units, usually requiring modification to fit properly;
• Submits daily work orders and logs, keeps records; enters work order information and makes reports as required. Monitors fuel deliveries, cleans shop and shop tools; orders and stores parts needed for inventory.

City Council/RSA Agenda 307 Tuesday, September 26, 2023 2 • Performs preventative and periodic maintenance and repair of the Compressed Natural Gas, gasoline and diesel fueling stations, fuel and service emergency generators.
• Obtains and maintains professional certifications when needed. • Performs daily work tasks in a safe manner according to current professionally accepted safety practices.
• Participates in City safety and environmental committees, as assigned; • Perform other related duties as required.

QUALIFICATIONS
Education and Experience:

A sufficient combination of work experience, training and/or education which demonstrates possession of and competency in requisite knowledge, skills and abilities such as:

High school diploma, GED, or equivalent and two (2) years of experience as a vehicle/heavy duty mechanic.

Licenses and Certificates:

Possession of a valid commercial Class C Driver’s License with a satisfactory driving record.

Possession of a Class A Driver's License within 6 months of employment.

Knowledge Of:
• Principles and operation of internal combustion gasoline, diesel, CNG, and alternative fuel engines and hybrid powertrains;
• Maintenance, repair, and overhaul requirements of light and medium duty trucks, automobiles, small construction equipment and other equipment that includes but is not limited to emergency generators, bituminous machine, trailers, arrow board trailers, message board trailers, landscape trucks, paint sprayer trucks, gas, diesel, and electric driven carts;
• The uses of oils, greases and lubricating devices;
• The methods used to tune-up automotive vehicles;
• The use of testing equipment such as an electronic engine analyzer, voltmeter, exhaust emission analyzer, and oscilloscope
• Maintenance and repair of hydraulic systems, air systems, cooling systems, automatic and standard transmissions and clutches;
• Automotive electronic principles and operations including schematic concepts; • Preventative maintenance inspection methods;
• Garage safety procedures;
• The method of operation and use of a variety of automotive vehicles and equipment, including gas and electric welding equipment; City Council/RSA Agenda 308 Tuesday, September 26, 2023 3 • The assembly and operation of auxiliary equipment typically found in vehicles, trucks and construction equipment;
• The vehicle code pertaining to lighting systems, emission control systems, and brake systems;
• The methods used in metal fabrication; safe work practices and use of required safety equipment.

Ability To:
• Diagnose defects in and perform repairs on a wide variety of automotive and construction equipment; ability to weld and fabricate;
• Operate motor vehicles and motorized equipment;
• Use and care for related tools and equipment;
• Understand and follow oral and written instructions;
• Prepare job reports;
• Operate and use a computer;
• Work effectively as part of a group or team;
• Deal tactfully and effectively with the public, vendors and fellow employees; • Providing excellent customer service to internal and external customers; • Effectively communicate with others in all settings.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Medium Work: Exerting 20 to 50 pounds of force occasionally, and/or 10 to 25 pounds of force frequently, and/or greater than negligible up to 10 pounds of force constantly to move objects.

Incumbents generally work in an enclosed workspace with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise.

The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 309 Tuesday, September 26, 2023 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AMENDING THE CLASSIFICATION AND

COMPENSATION PLAN TO UPDATE THE CLASS

SPECIFICATION FOR THE CLASSIFICATIONS OF
TRANSIT PLANNER – ASSISTANT, TRANSIT PLANNER –

ASSOCIATE AND VEHICLE HEAVY EQUIPMENT

MECHANIC
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the positions of Transit Planner - Assistant, Transit Planner - Associate and Vehicle Heavy Equipment Mechanic; and WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the class specification for the classifications of Transit Planner - Assistant, Transit Planner - Associate and Vehicle Heavy Equipment Mechanic; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the Transit Planner - Assistant, Transit Planner - Associate and Vehicle Heavy Equipment Mechanic class specifications; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated Transit Planner - Assistant, Transit Planner - Associate and Vehicle Heavy Equipment Mechanic class specifications, attached hereto and incorporated herein by reference, effective September 26, 2023.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classifications of Transit Planner - Assistant, Transit Planner - Associate and Vehicle Heavy Equipment Mechanic.

City Council/RSA Agenda 310 Tuesday, September 26, 2023 1 Assistant Transit Planner
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30501
Updated: 9/12/2023

DEFINITION
Under close supervision, the Assistant Transit Planner is responsible for providing entrylevel support to assist in the development, administration and analysis of the City’s public transit programs.

CLASS CHARACTERISTICS
This is the entry-level class in the Transit Planner series and will receive direction and guidance from the Transit Manager. Work given to an incumbent in this class involves assisting in analysis and development of transit programs and services, research of new trends in public transit and comparing how Union City provides service delivery, and participation in coordination events or meetings on behalf of Union City. The Assistant Transit Planner has basic knowledge of the operating procedures and policies of transit and/or transportation planning. An incumbent may advance to the higher levels after gaining experience and demonstrating proficiency that meets the qualifications of the higher-level class.

EXAMPLES OF DUTIES (illustrative only)
 Assist in the planning, operations and activities of the City’s public transit programs (fixed route, paratransit, and microtransit).
 Assist in a variety of studies for the preparation, analysis, or evaluation of reports and grant requests.
 Assist in the development of regularly occurring required plans or programs such as the Short Range Transit Plan (SRTP), Title VI and Language Assistance Plan (LAP), Transit Asset Management (TAM) Plan, and Public Transportation Agency Safety Plan (PTASP).
 Assist in the preparation of the scope of work (RFP’s, IFB’s, etc.) and other contract management related tasks such as monitoring and closeout of service and maintenance contracts, professional services, vehicle procurements, etc.  Use web-based programs designed to provide information to the Computer Assisted Dispatch and Automatic Vehicle Location (CAD/AVL) systems used to track vehicles and provide information to the region’s 511 system.

City Council/RSA Agenda 311 Tuesday, September 26, 2023 2  Work with other City departments, other transit agencies and other public agencies to provide adequate transit amenities, service levels, service coordination and transit or transportation mitigation measures.  Investigate and respond to inquiries and/or requests by members of the public regarding transit system policies, procedures and services.  Provide minor assistance with the Public Works Department.  Perform related duties, responsibilities and assist in special projects as needed.

QUALIFICATIONS
Any combination of experience and training that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field; and six (6) months of transit planning and/or transportation planning experience which includes, but not limited to, assisting with: field checks, schedule analysis, review transit data, marketing materials, and regional coordination.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Knowledge Of:
 Basic principles, practices and techniques of transit and/or transportation planning; data sources for transit and/or transportation research.  .
 Basic Paratransit requirements.
 Basic Americans with Disabilities Act (ADA) regulations.  General Civil Rights regulations.
 Funding sources for transit industry.
 Industry trends and legislation pertaining to transit industry.  Building and Maintaining a General Transit Feed Service (GTFS) along with its variations.

Ability To:
 Assist in administering contractual agreements related to public transit systems.  Assist in analyzing and developing basic transit programs.

City Council/RSA Agenda 312 Tuesday, September 26, 2023 3  Gather, organize and analyze statistical data.
 Interpret, explain and apply public transit policies and procedures and regulatory requirements.
 Utilize Microsoft Office, and similar software, create visual graphics and perform office work.
 Planning a trip using an internet based program.
 Express ideas clearly and concisely, orally and in writing to groups and individuals.
 Establish and maintain effective working relationships with other employees and the public.
 Work through direct supervision.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects.

Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise. This position is based out of the City’s Corporation Yard which is an active operational facility with uneven surfaces and vertical hazards that require appropriate footwear and clothing.

Travel: Positions in this class may require local travel and statewide travel as necessary.

City Council/RSA Agenda 313 Tuesday, September 26, 2023 1 Associate Transit Planner
Bargaining Unit: Professional Employees’ Group
FLSA Status: Non-Exempt
Class Code: 30502
Updated: 9/12/2023

DEFINITION
Under general supervision, the Associate Transit Planner is responsible for performing paraprofessional work to assist in the development, administration and analysis of the City’s public transit programs.

CLASS CHARACTERISTICS
This is an experienced-level class within the Transit Planner series, and will receive general direction from the Transit Manager. Work given to an incumbent in this class involves general analysis and development of transit programs and services, research of new trends in public transit and comparing how Union City provides service delivery, and participation in coordination events or meetings on behalf of Union City resulting in recommendations based on the incumbent’s work. The Associate Transit Planner has general knowledge of the operating procedures and policies of transit and/or transportation planning.

EXAMPLES OF DUTIES (illustrative only)
 Evaluates general planning, operations and activities of the City’s public transit programs (fixed route, paratransit, and microtransit).
 Coordinates a variety of studies for the preparation, analysis, or evaluation of reports and grant requests.
 Prepares the development of regularly occurring required plans or programs, such as the Short Range Transit Plan (SRTP), Title VI and Language Assistance Plan (LAP), Transit Asset Management (TAM) Plan, and Public Transportation Agency Safety Plan (PTASP).
 Coordinates the preparation of the scope of work (RFP’s, IFB’s, etc.) and other contract management related tasks such as monitoring and closeout of service and maintenance contracts, professional services, vehicle procurements, etc.  Work with other City departments, other transit agencies and other public agencies to provide adequate transit amenities, service levels, service coordination and transit or transportation mitigation measures.

City Council/RSA Agenda 314 Tuesday, September 26, 2023 2  Use, review, and recommend web-based programs designed to provide information to the Computer Assisted Dispatch and Automatic Vehicle Location (CAD/AVL) systems used to track vehicles and provide information to the region’s 511 system, provide service planning, and can generate the required versions of the general transit feed services by the region and state.  Investigate and respond to inquiries and/or requests by members of the public regarding transit system policies, procedures and services.

Provide general assistance with the Public Works Department .  Perform related duties, responsibilities and assist in special projects as needed.

QUALIFICATIONS
Any combination of experience and training that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education and Experience:

Bachelor’s degree preferably in transportation planning or other closely related field.

AND
Two (2) years of direct transit planning and/or transportation planning experience which includes, but not limited to: field checks, schedule analysis, review transit data, marketing materials, and regional coordination -OR- Three (3) years of indirect transit and/or transportation planning experience which may include, but not limited to, transit administrative, Federal Civil Rights compliance, capital procurement, and human services transportation management may be considered in lieu of two (2) years as a planner.

A master’s degree is preferred and can be substituted for one (1) year of experience.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Knowledge Of:
 Principles, practices and techniques of transit and/or transportation planning; data sources for transit and/or transportation research.  Basic Paratransit requirements.
 Basic Americans with Disabilities Act (ADA) regulations.  General Civil Rights regulations.

City Council/RSA Agenda 315 Tuesday, September 26, 2023 3  Funding sources for transit industry.
 Industry trends and legislation pertaining to transit industry.  Building and Maintaining a General Transit Feed Service (GTFS) along with its variations.

Ability To:
 Coordinate the administration of contractual agreements related to public transit systems.
 Coordinate the development and analysis of comprehensive transit programs.  Evaluate joint procurements for use including regulations and limitations.  Evaluate new types of service or programs offered by other agencies for consideration and implementation.
 Gather, organize and analyze statistical data and organize into a presentable format.
 Produce and/or present reports and/or presentations for City Council and outside Agencies.
 Interpret, explain and apply public transit policies and procedures and regulatory requirements.
 Utilize Microsoft Office, and similar software, create visual graphics and perform office work.
 Planning a trip using an internet based program.
 Express ideas clearly and concisely, orally and in writing to groups and individuals.
 Establish and maintain effective working relationships with other employees and the public.
 Create and maintain collateral for publication(e.g., in Adobe Creative Suite.

Canva, etc.).
 Work under general supervision.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to ten (10) pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are City Council/RSA Agenda 316 Tuesday, September 26, 2023 4 sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise. This position is based out of the City’s Corporation Yard which is an active operational facility with uneven surfaces and vertical hazards that require appropriate footwear and clothing.

Travel: Positions in this class may require local travel and statewide travel as necessary.

City Council/RSA Agenda 317 Tuesday, September 26, 2023 1 Vehicle/Heavy Equipment Mechanic
Bargaining Unit: SEIU Local 1021
FLSA Status: Non-Exempt
Class Code: 50321
Revised: 9/19/2023

DEFINITION
Under the supervision of the Fleet Supervisor, the Vehicle/Heavy Equipment Mechanic performs a wide variety of preventative and periodic maintenance on City owned vehicles and equipment.

CLASS CHARACTERISTICS
This is a journey-level position where the incumbent is expected to provide customer service to City departments operating vehicles and equipment. Incumbent must be able to work independently and/or as a member of a team on various projects as assigned.

EXAMPLES OF DUTIES
• Performs full range of preventative and periodic maintenance and repair, modification and installation services to City fleet;
• Completes service orders on assigned vehicles and equipment by performing preventative maintenance, repair and overhaul of gasoline, diesel, alternative fuel, hybrid and electric automobiles, light and medium duty trucks and related equipment that includes but is not limited to emergency generators, small construction equipment, bituminous machine, trailers, arrow board trailers, message board trailers, gas, diesel, and electric driven carts, landscape trucks, paints prayer trucks and pressure washer trailers;
• Operates a wide variety of automotive related tools and equipment, such as:
electronic engine analyzer and other diagnostic equipment, automotive electrical testing and charging devices; grinding, cutting and welding apparatus; metal fabricating tools; alternative fuel vehicle tools and testers; taps and dies; presses and pullers; air conditioning equipment; and other shop related tools; • Welds and fabricates as needed for repair or construction; repairs and maintains hydraulic systems; diagnoses and repairs electrical systems; • Repairs light and heavy-duty brake systems; maintains emission control systems; repairs and installs tires; maintains shop and facility equipment; • Performs transfers of special gear from old to new units, usually requiring modification to fit properly;
• Submits daily work orders and logs, keeps records; enters work order information and makes reports as required. Monitors fuel deliveries, cleans shop and shop tools; orders and stores parts needed for inventory.

City Council/RSA Agenda 318 Tuesday, September 26, 2023 2 • Performs preventative and periodic maintenance and repair of the Compressed Natural Gas, gasoline and diesel fueling stations, fuel and service emergency generators.
• Obtains and maintains professional certifications when needed. • Performs daily work tasks in a safe manner according to current professionally accepted safety practices.
• Participates in City safety and environmental committees, as assigned; • Perform other related duties as required.

QUALIFICATIONS
Education and Experience:

A sufficient combination of work experience, training and/or education which demonstrates possession of and competency in requisite knowledge, skills and abilities such as:

High school diploma, GED, or equivalent and two (2) years of experience as a vehicle/heavy duty mechanic.

Licenses and Certificates:

Possession of a valid Class C Driver’s License with a satisfactory driving record.

Possession of a Class A Driver's License within 6 months of employment.

Knowledge Of:
• Principles and operation of internal combustion gasoline, diesel, CNG, and alternative fuel engines and hybrid powertrains;
• Maintenance, repair, and overhaul requirements of light and medium duty trucks, automobiles, small construction equipment and other equipment that includes but is not limited to emergency generators, bituminous machine, trailers, arrow board trailers, message board trailers, landscape trucks, paint sprayer trucks, gas, diesel, and electric driven carts;
• The uses of oils, greases and lubricating devices;
• The methods used to tune-up automotive vehicles;
• The use of testing equipment such as an electronic engine analyzer, voltmeter, exhaust emission analyzer, and oscilloscope
• Maintenance and repair of hydraulic systems, air systems, cooling systems, automatic and standard transmissions and clutches;
• Automotive electronic principles and operations including schematic concepts; • Preventative maintenance inspection methods;
• Garage safety procedures;
• The method of operation and use of a variety of automotive vehicles and equipment, including gas and electric welding equipment; City Council/RSA Agenda 319 Tuesday, September 26, 2023 3 • The assembly and operation of auxiliary equipment typically found in vehicles, trucks and construction equipment;
• The vehicle code pertaining to lighting systems, emission control systems, and brake systems;
• The methods used in metal fabrication; safe work practices and use of required safety equipment.

Ability To:
• Diagnose defects in and perform repairs on a wide variety of automotive and construction equipment; ability to weld and fabricate;
• Operate motor vehicles and motorized equipment;
• Use and care for related tools and equipment;
• Understand and follow oral and written instructions;
• Prepare job reports;
• Operate and use a computer;
• Work effectively as part of a group or team;
• Deal tactfully and effectively with the public, vendors and fellow employees; • Providing excellent customer service to internal and external customers; • Effectively communicate with others in all settings.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Medium Work: Exerting 20 to 50 pounds of force occasionally, and/or 10 to 25 pounds of force frequently, and/or greater than negligible up to 10 pounds of force constantly to move objects.

Incumbents generally work in an enclosed workspace with adequate light and temperature. There may be occasional exposure to fumes, noxious odors, dust, mist, gases, poor ventilation, underground/confined/restricted working environment and exposure to loud noise.

The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 320 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT (CAPER) AND AUTHORIZING THE CITY
MANAGER TO SUBMIT THE 2022-2023 CDBG CAPER TO THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Staff recommends that the City Council hold a public hearing on the 2022-2023 Community Development Block Grant (“CDBG”) Consolidated Annual Performance and Evaluation Report (“CAPER”) and adopt a resolution (Attachment 1) approving the 2022-2023 CAPER (Exhibit A) and authorizing its submittal to the U.S. Department of Housing and Urban Development (“HUD”).

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with a specific goal or strategy but is required to receive Federal Block Grant funds as wellas allocate public service grants, which both support the City’s overall mission to create and provide effective, quality services that foster high quality of life and economic vitality.

BACKGROUND
Union City receives CDBG funding on an annual basis from HUD. In addition, the City of Union City receives HOME Investment Partnership Program (“HOME”) funds annually through participation in the Alameda County HOME Consortium. As part of the requirements to receive this funding, the City must prepare and submit a CAPER to HUD every year. The CAPER describes how CDBG and HOME funded activities addressed the City’s housing and community development needs and compares its accomplishments to the goals the City set in the FY 2022-2023 Annual Action Plan. The CAPER also provides a comprehensive accounting of all CDBG and HOME funds allocated and expended during FY 22-23. In addition, the CAPER summarizes activities funded through CARES Act CDBG funding spent in FY 22-23.

Lastly, the CAPER summarizes General Fund dollars spent on public services in FY 22-23 to provide a more comprehensive picture of total funds spent on this activity.

City Council/RSA Agenda 321 Tuesday, September 26, 2023

DISCUSSION
In FY 22-23, the City expended a total of $484,386.75 in CDBG funding and $98,709.19 in CDBG administration funds to cover staff time and consultant time with total expenditures at $583,095.94 in CDBG funding. The City also supplemented CDBG funds and supported public service programming by expending $43,667.53 in HOME funds to support the Fremont Stay Housed Program. In total the City spent $626,763.47 in CDBG and HOME funds on housing and community development related activities. The City also expended $253.857.79 in General Fund dollars to support public service programs, which supplemented CDBG funding. See below for a detailed overview of these expenditures.

Please note that some of the expenditures in the tables below are less than what the City has actually paid out to the various public service providers as staff is in the process of requesting reimbursement from HUD through their IDIS system. These are noted with an asterisk. For example, the City has paid Kindango, Inc. the full grant amount of $10,000 but in the HUD reporting system, which the CAPER report summarizes, shows no funds have been reimbursed for this work. The City is in the process of requesting reimbursement from HUD all funds which have been expended and anticipates receiving the funds by the end the month. All public service providers have billed for and received the totalamount of monies owed to them for FY 22-23.

CDBG PROGRAM FUNDS
Table 1
Service Type CDBG Expenditure Program Year (PY) Total Funding Source Public Facilities - Old
Alvarado Park
Improvements
$26,115.83 PY2021 $26,115.83
Public Facilities - Old
Alvarado Park
Improvements
$397,195.00 PY2022 $397,195.00
Public Services $50,020.95 PY2022 $50,020.95
Minor Home Repair
Program
$3,400.00 PY2022 $3,400.00*
Micro-Enterprise
Program
$7,654.97 PY2022 $7,654.97*
Total $484,386.75
Administration $98,709.19 PY2022 $98,709.19
Total $583,095.94
Public Service
The City spent $583,095.94 in CDBG funds and $253,857.79 in General Fund dollars to support eleven (11) public service programs. Please note that the total amount of General Fund expenditures exceeds the initial $245,000 grant amount because it includes some carryover amounts from the prior fiscal year, which were paid in the current program year. See below for an overview of FY 22-23 public service activities.

City Council/RSA Agenda 322 Tuesday, September 26, 2023 Table 2
Organization Program
Funding
Source
Grant
Amount
Grant
Expenditure
Amount
# of Union
City
Residents
Served
Abode Services Shelter & Family
Services
CDBG $10,000 $10,000 13
ECHO Fair Housing,
Tenant/Landlord
Counseling
CDBG $10,000 $10,000 111
Union City
Family Center
General Social
Services
CDBG $35,000 $17,520.95* 1,988
Kidango, Inc Meals for Low
Income Families
CDBG $10,000 $0* 1,029
Spectrum
Community
Services
Senior Health
Initiative
CDBG $25,000 $12,500* 123
CDBG Subtotal $90,000 $50,020.95
Abode Services Shelter and
Family Services
General
Fund
$5,000 $5,000 13
Centro de
Servicios -
Decoto
General Social
Services
General
Fund
$145,120 $145,120 9,800
City of Fremont Senior Support General
Fund
$12,000 $12,000 15
Community
Resources for
Independent
Living
Housing and
Independent
Living Skills
General
Fund
$10,000 $10,000 42
ECHO Housing Fair Housing,
Tenant/Landlord
Counseling
General
Fund
$25,000 $25,000 111
LegalAssistance
for Seniors
Legal Services General
Fund
$10,000 $10,000 25
Tiburcio Vasquez
Health Center
Health Center General
Fund
$37,880 $37,880 948
General Fund Subtotal $245,000 $245,000
Microenterprise Assistance
The City expended $20,000 in CDBG funds to support the Community Child Care Council (4Cs) who is also considered a public service provider. They provided microenterprise assistance in the form of providing business support, education, technical assistance, and incentives to help residents launch and operate in-home family childcare businesses. The program was able to assist five (5) low-income, in-home childcare providers.

Please note that the amount shown in Table 1 above is what has been reimbursed by HUD. The City has paid 4Cs the fullamount of the grant and is in the process of obtaining reimbursement from HUD.

City Council/RSA Agenda 323 Tuesday, September 26, 2023 Housing Rehabilitation
The City expended $25,058.39 in CDBG to implement the City’s Housing Rehabilitation Program, which provides repair and rehabilitation grants to low-income homeowners. This program is managed by the Alameda County Healthy Homes Department. This year the program provided 13 minor home repair grants. Some of the types of rehabilitation that took place were the installation of shower grab bars, repair subfloors in bathrooms and bedrooms, replace toilet with ADA height toilet, install smoke alarms, repair sealing around windows, repair front steps, and replace a water heater. The average cost of the repair per home was $1,927. Please note that the amount shown in Table 1 above is what has been reimbursed by HUD. The City has paid the County the funds owed to them for their services and is in the process of obtaining reimbursement from HUD.

Public Facilities / OldAlvarado/Cesar Chavez Park Capital Improvements The City utilized program year funds from Program Years 21 and 22 for a total of $423,310.83 to complete capital improvements to Old Alvarado/Cesar Chavez Park Improvement project. The project has been completed and includes improvements throughout the park including upgrades to the picnic/BBQ area, installation of ADA compliant outdoor furniture, resurfacing pathways, and replacing the playground. CDBG funds paid for a large portion of the new picnic tables, BBQ equipment and play structures.

Administrative
The City spent $98,709.19 in CDBG funding on administration of both programs, which primarily covered staff costs to manage the CDBG program. Administrative funds are limited to 20 percent of the total allocation.

HOME FUNDING
Tenant Based Rental Assistance
Union City allocated its HOME funds from the Alameda County HOME Consortium to Fremont’s Stay Housed Program. This is a Tenant Based Rental Assistance (TBRA) program that assists individuals and families in securing and/or staying housed by providing them with rental subsidies. So far, the program has been successful in providing $43,667.53 of rental assistance to four (4) Union City families. This program provides rental assistance for up to 24 months for low-income families at risk of homelessness to help with their long-term housing options. The program also enrolls participants in the self-sufficiency program Sparkpoint to help achieve long-term financial stability.

CARES ACT FUNDING
Road to Recovery Small Business Assistance Program
The City allocated CARES Act CDBG-CV and CDBG-EN funds to the small business assistance program in order to help businesses that were impacted by the COVID-19 pandemic. The program is currently finalizing the review on 5 business applications in total has assisted 24 businesses for a total of $274,041.76 grant funds expended with approximately $79,000 left in unexpended CDBG-CV funds. There was no requirement to expend all of the allocated CDBG-CV funds in one year and the City’s program is continuing to review small business applications and willcontinue to disburse funds in the upcoming fiscal year.

Staff and the consultant team, Michael Baker International who are assisting with program implementation, have spent substantial time working with business owners to get them through the process. Due to increased federal scrutiny of this funding type, staff has had to complete additionalanalysis to ensure that there has not been any duplication of benefits prior to issuing awards. The additional review has led to extended review times and applicants being deemed ineligible for an award due to previous COVID assistance received from federal, state or local sources (i.e., PPP Loans, SBA Loans, etc.) and not initially disclosed during the first round of review.

Staff willcontinue to work with businesses to help them through the process and hope to have the remainder of City Council/RSA Agenda 324 Tuesday, September 26, 2023 the funds expended as soon as possible.

Residential Rental Assistance Program
The City allocated CARES Act CDBG-CV funds to assist residents who were struggling to pay rent due to the COVID-19 pandemic. The program expended $34,881.34 in CDBG-CV funds in FY 22-23 and assisted 5 residents representing 16 household community members. To date, the City has been able to help 62 residents representing 227 household community members and dispersed $289,243.09 in grant funding.

OUTREACH
The CAPER was available for public review on the City's website (https://www.unioncity.org/293/CommunityDevelopment-Block-Grant-Progra) from September 5-20. To date, the City has not received any feedback. The attached CAPER (Exhibit A) includes some minor updates from the on-line version to address formatting and updated metrics received from one of the City's public service providers.

FISCAL IMPACT
There is no impact to the General Fund as a result of receiving this report.

RECOMMENDATION
Staff recommends that the City Council hold the public hearing on the 2022-2023 CAPER and adopt the attached resolution (Attachment 1) approving the 2022-2023 CAPER (Exhibit A) and authorizing the City Manager to submit the CAPER to HUD.

Prepared by:

Francisco Gomez Jr., Housing and Community Development Manager Submitted by:

Francisco Gomez Jr., Housing and Community Development Manager ATTACHMENTS:

Description Type
Attachment 1 - Resolution FY2022-2023 CAPER Resolution
Exhibit A - 2022 Union City CAPER Exhibit
Item6.a. Powerpoint Attachment
City Council/RSA Agenda 325 Tuesday, September 26, 2023 Resolution No. XXXX-23

RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE 2022-2023 CDBG CAPER TO THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT
WHEREAS, the City receives Community Development Block Grant (“CDBG”) funding on an annual basis from the U.S. Department of Housing and Urban Development (“HUD”) and the City receives HOME Investment Partnership Program (“HOME”) funds annually through participation in the Alameda County HOME Consortium; and WHEREAS, as part of the requirements to receive this funding, the City must prepare and submit a Consolidated Annual Performance and Evaluation Report (“CAPER”) to HUD every year; and
WHEREAS, the CAPER describes how CDBG and HOME funded activities addressed the City’s housing and community development needs and compares its accomplishments to the goals the City set in the FY 2022-2023 Annual Action Plan. The CAPER also provides a comprehensive accounting of all CDBG and HOME funds allocated and expended during FY 2022-2023; and
WHEREAS, in FY 22-23, the City spent a total of $583,095.94 in CDBG funding; and WHEREAS, the City supplemented CDBG funds by spending $43,667.53 in HOME funds to support the Fremont Stay Housed Program and spending $253,857.79 in General Fund dollars to support public service programs; and
WHEREAS, in FY 22-23, the City used CDBG, HOME and General Fund dollars to support public services programs, a microenterprise assistance program, a capital improvement project, and a housing rehabilitation program. The City also used CDBG funds for program administration.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby approve the 2022-2023 CAPER, attached hereto as Exhibit A, which is incorporated herein by reference; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City Manager, or his or her designee, to submit the CAPER to HUD.

City Council/RSA Agenda 326 Tuesday, September 26, 2023 Resolution No. XXXX-23

ADOPTED, September 26, 2023, by the City Council of the City of Union City, by the following vote:

AYE:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ City Clerk City Attorney
City Council/RSA Agenda 327 Tuesday, September 26, 2023 CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
[Grab your reader’s attention with a
great quote from the document or
use this space to emphasize a key
point. To place this text box
anywhere on the page, just drag it.]
(CAPER) FY 2022-2023

EXHIBIT A
City Council/RSA Agenda 328 Tuesday, September 26, 2023 CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table of Contents
CR-05 - Goals and Outcomes ....................................................................................................................3 CR-10 - Racial and Ethnic composition of families assisted......................................................................9 CR-15 - Resources and Investments 91.520(a) .......................................................................................10 CR-20 - Affordable Housing 91.520(b)....................................................................................................13 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................16 CR-30 - Public Housing 91.220(h); 91.320(j)...........................................................................................21 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)....................................................................................22 CR-40 - Monitoring 91.220 and 91.230...................................................................................................26 CR-45 - CDBG 91.520(c) ..........................................................................................................................29 CR-58 – Section 3 ....................................................................................................................................30 City Council/RSA Agenda 329 Tuesday, September 26, 2023 CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

In Program Year 2022 (PY22), the City of Union City received a Community Development Block Grant (CDBG) entitlement (EN) grant of $555,537 and receipted $108,879 of program income (PI). During PY22, the City was successful in drawing down enough of this money to meet the timeliness test. This program year represents the three year of the 2020-2024 Consolidated Plan. During the year, Union City used CDBG funds for various activities that helped benefit low-moderate income people throughout the City. Some of those activities include funding social service programs. Spectrum Community Services received funding for their Senior Nutrition Program, while Abode Services received funding to provide shelter and services to the homeless. The City used CDBG funding to support Eden Council for Hope and Opportunity (ECHO) Housing’s fair housing and tenant/landlord counseling programs, as well as the Community Child Care Council (4Cs) of Alameda County to provide micro-enterprise assistance to inhome child care providers. The combination of CDBG funding and money leveraged from the City’s General Fund allowed 11 social service providers to receive funding this program year. The City also allocated CDBG funding to the Alameda County Healthy Homes Department to implement a Minor Home Repair Grant Program. This program provides repair and rehabilitation grants to low income homeowners. This year the program completed 13 minor home repair projects using CDBG funding.

Union City is a member of the Alameda County HOME Consortium (“Consortium”). The Consortium consists of the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro, Union City, and the Urban County. As a part of the Consortium, the City receives a HOME allocation each year. For PY22, the City received an allocation of $152,413 in HOME funds. The City allocated $60,000 to Fremont’s Stay Housed Program. This is a Tenant Based Rental Assistance (TBRA) program that assists individuals and families in securing and/or staying housed by providing them with rental subsidies. So far, the program has been successful in providing rental assistance to 4 Union City families. The City also allocated $83,707 to the Bay Area Community Services (BACS) reclamation project as a scattered site model for providing housing that would be for the purchase of a single family home in order to rehabilitate it into supportive housing for individuals experiencing homelessness. The allocation was part of a multi jurisidictional application between BACS and the cities of Hayward, Livermore, and Piedmont to submit a scattered site model application to the second round NOFA of State Homekey program to help expand housing for the homeless. The joint application was not selected for an award during the 2nd rd NOFA but our group advocated to State HCD for our scattered site model. The advocacy helped to inform the 3rd rd HOMEKEY NOFA by State HCD. Our advocacy provided some additional changes to the 3rd rd NOFA and we submitted another application and are awaiting a decision from the State. We hope to receive an official decision in the first half of the upcoming program year 23-24.

City Council/RSA Agenda 330 Tuesday, September 26, 2023 CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
In PY22, the City allocated $397,195 as part of the second phsae of the public facilities capital improvement project at Old Alvarado/Cesar Chavez park. The project needed additional funding in order to complete the design, construction and rehabilitation of the park improvements.

Those improvements consist of the renovation of the grounds, pathways, playgrounds and resolve non-ADA compliance issues in play areas and picnic areas. The project is 98% complete and should be completed at the end of September 2023. The City also tried to expend PY21 CDBG funds to support small businesses. Currently 5 applicants needed additional review & will be finalized by September 2023.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Fund Economic
Development
Non-Housing
Community
Development
CDBG: $ Jobs
created/retained Jobs 40 13

32.50%
Fund Economic
Development
Non-Housing
Community
Development
CDBG: $ Businesses assisted
Businesses
Assisted
30 24

80.00%
8 5

62.50%
Improve Public
Facilities
Non-Housing
Community
Development
CDBG: $
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
2 2

100.00%
1680 1680

100.00%
City Council/RSA Agenda 331 Tuesday, September 26, 2023 CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Increase
Availability of
Supportive
Housing
Affordable
Housing
CDBG: $ /
HOME
Consortium:
$
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted
50 35

70.00%
Increase
Availability of
Supportive
Housing
Affordable
Housing
CDBG: $ /
HOME
Consortium:
$
Tenant-based
rental assistance /
Rapid Rehousing
Households
Assisted
100 8

8.00%
20 4

20.00%
Increase
Availability of
Supportive
Housing
Affordable
Housing
CDBG: $ /
HOME
Consortium:
$
Other Other 0 0 6 0

0.00%
Promote
Production,
Rehabilitation,
and
Preservation
Affordable
Housing
CDBG: $
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
50 44

88.00%
10 13

130.00%
Reduce
Homelessness
Homeless CDBG: $ Homelessness
Prevention
Persons
Assisted
100 31

31.00%
10 13

130.00%
Reduce
Housing
Discrimination
Affordable
Housing
CDBG: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
0 0 80 111

138.75%
City Council/RSA Agenda 332 Tuesday, September 26, 2023 CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Reduce
Housing
Discrimination
Affordable
Housing
CDBG: $
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted
100 223

223.00%
Support Public
Service
Programs
Non-Housing
Community
Development
CDBG: $
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
1750 7583

433.31%
1092 3132

286.81%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The PY22 activities addressed the priority goals set forth in the City's 2020-2024 Consolidated Plan. The Consolidated Plan focused on the following goals:

1. Promote Production, Rehabilitation, and Preservation of Affordable Housing • The Minor Home Repair Grant program provided repair and rehabilitation grants to 13 low income homeowners.

2. Reduce Housing Discrimination
• ECHO Fair Housng assisted 111 Union City residents by providing fair housing services for tenants and landlords including mediation and counseling services, fair housing tests, and education/outreach.

3. Reduce Homelessness
• Abode Services assisted 13 Union City residents by providing shelter, meals, case management, and housing search services to homeless City Council/RSA Agenda 333 Tuesday, September 26, 2023 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
adults and children.

4. Increase Availability of Supportive Housing
• The City asssisted residents who have been struggling financially due to the COVID-19 pandemic through its Residential Rental Assistance Program by providing rental assistance payments on residents behalf in order to keep them housed through the use of CARES Act funds. In PY22, the program assisted 5 residents and is ongoing. • The City allocated its HOME funding to the Stay Housed Tenant-Based Rental Assistance Program which provides rental assistance to residents at or below 60% of area median income (AMI). In PY22, this program assisted 4 households.

5. Improve Public facilities
• The City funded 1 public facility imrpovement project in PY22, the public facilities capital improvement project at Old Alvarado/Cesar Chavez park. The allocation was a Phase II allocation in order to continue to utilize CDBG funds to complete the design, construction, and rehabilitation services for the parks improvements.

6. Support Public Service Programs
• The Union City Family Center assisted 1,988 residents by providing services such as providing emergency food, health insurance enrollment, on-site social services, referrals, information, etc. The program has family liasons at every school site in the New Haven Unified School District.
• Kidango, Inc assisted 1,021 residents by providing meals for low income families facing food insecurity and no access to healthy meals in PY22.
• Spectrum Community Services administered the Senior Nutrition Program which provides freel meals daily to low-income seniors. The Program assisted 123 seniors in PY22.
• The CAREavan program provided safe overnight parking for individuals and families experiencing homelessness in Union City. The program assisted 57 persons living in their cars.

7. Fund Economic Development
City Council/RSA Agenda 334 Tuesday, September 26, 2023 CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Community Child Care Council (4Cs) of Alameda County administered their microenterprise assistance program which provides business support, education, tachnical assistance, and incentives to help Union City residents launch and operate in-home family childcare businesses. In PY22, the program helped 5 residents start their own business.

City Council/RSA Agenda 335 Tuesday, September 26, 2023 CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG
White 1,274
Black or African American 272
Asian 1,016
American Indian or American Native 3
Native Hawaiian or Other Pacific Islander 55
Total 2,620
Hispanic 917
Not Hispanic 1,700
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City was able to obtain demographic information of 2,794 persons served through the CDBG grant during PY22. A breakdown of all persons assisted, by demographic, is included in the table above. The total served in PY22 includes economic development efforts, fair housing efforts, and public services. The table above does not show Other/Multi-Racial beneficiaries, which totaled 174 persons, 9 of which were Hispanic.

City Council/RSA Agenda 336 Tuesday, September 26, 2023 CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Available Amount Expended During Program Year
CDBG public - federal 718,302 583,096
General Fund public - local 245,000 245,000
Other public - federal 152,413 0
Table 3 - Resources Made Available
Narrative
In PY22, the City received a CDBG entitlement grant of $555,5377. Combining the entitlement amount with $108,879.99 in program income received in PY22, the City had a total of $664,416.99 available to spend. For PY22, the City has currently drawn $583,095.94 in CDBG funding.

During PY20 the City received a CARES Act CDBG-CV allocation of $779,418. The City is currently using this funding to administer programs that assist its residents during the ongoing COVID-19 health crisis.

The City has been successful in expending enough of their funds to meet the annual timeliness test over the past few years. In PY22, the City was successful again in meeting HUD’s timeliness test.

In PY22, the City had $152,413 available in HOME funds for the Fremont Stay Housed TBRA Program. We received our invoice for our TBRA tenants a little later then normal so we were not able to process the payment in the program period. The City also leveraged $245,000 in General Fund dollars to support seven (7) public service programs.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City-wide 100 100
All CDBG-funded programs are implemented on a City wide basis.

Table 4 – Identify the geographic distribution and location of investments City Council/RSA Agenda 337 Tuesday, September 26, 2023 CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City of Union City allocated all of its allocation towards city-wide activities.

City Council/RSA Agenda 338 Tuesday, September 26, 2023 CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City leveraged over $395,000 in other federal and local funds to support public services and rental assistance support. This includes $245,000 of money from the Union City General fund and $152,413 of HOME funding.

In addition to leveraging HOME and General Fund dollars, the City allowed several public service providers to operate programs out of City-owned facilities. More specifically, the City owns the Decoto and Alvarado Resource centers where Centro de Servicios operates their programs. Legal Assistance for Seniors also provided services out of the City’s Ruggieri Senior Center.

City Council/RSA Agenda 339 Tuesday, September 26, 2023 CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be provided affordable housing units 0 0
Number of Non-Homeless households to be provided
affordable housing units 25 13
Number of Special-Needs households to be provided
affordable housing units 0 0
Total 25 13
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through Rental Assistance 5 9 Number of households supported through The Production of New Units 0 0
Number of households supported through Rehab of Existing Units 25 13
Number of households supported through Acquisition of
Existing Units 0 0
Total 30 22
Table 6 – Number of Households Supported
City Council/RSA Agenda 340 Tuesday, September 26, 2023 CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City contracted with the Alameda County Healthy Homes Department to administer the Minor Home Repair Grant Program in PY22. The program provides repair and rehabilitation grants to low income homeowners to ensure that they are able to maintain and stay in their home.

The City funded this program with CDBG funds. This year the program had a goal to complete 10 minor home repair projects and completed 13 projects.

The City also used multiple funding sources to administer rental assistance programs. In response to the COVID-19 pandemic, the City used CDBG and CDBG-CV funding to administer its Residential Rental Assistance Program and has assisted 5 households in PY22. The program is ongoing and is expected to continue to assist more people. The City allocated its HOME funding to the Stay Housed Tenant Based Rental Assistance program which provided vital rental assistance to 4 households during PY22.

The City's inclusionary housing policies have been at the core of the City's affordable housing development programs. The elimination of redevelopment agencies in California created a major funding shortfall for affordable housing production, as over $1 billion statewide was lost annually for affordable housing. However, both the City and Alameda County are taking efforts to create/develop new affordable housing funding sources. In November 2016, Alameda County voters passed Measure A1, which provides $580 million for affordable rental and ownership housing. The City has received an allocation of $8.7 million in Measure A1 funding. The City selected a master developer in May 2018 to develop a city-owned site into 81 affordable units. The City will be contributing the land, $6.8 million in City funds, and its $8.7 million allocation of Measure A1 funds to the project. It’s estimated this project will begin construction in 2024.

Discuss how these outcomes will impact future annual action plans.

The City will continue to adjust the proposed goals and outcomes in future action plans to reflect changes in funding availability.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 11 0
Low-income 11 0
City Council/RSA Agenda 341 Tuesday, September 26, 2023 CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Moderate-income 0 0
Total 22 0
Table 7 – Number of Households Served
Narrative Information
The City will continue to use CDBG funding to serve primarily low-moderate income persons and households. The 4 households assisted with HOME funding were qualified as low-income.

City Council/RSA Agenda 342 Tuesday, September 26, 2023 CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
HOME Consortium jurisdictions continued their outreach to unsheltered persons in FY 22/23 while dealing with the COVID pandemic. With funding from the State’s Project Roomkey program has made more than 1,000 hotel rooms available for homeless and at-risk households in response to COVID-19.

Union City
In February 2022, Alameda County conducted a point in time homeless count which covered every census tract in Alameda County. The 2022 Count utilized volunteers and homeless guides to help identify those who were unsheltered. In the weeks following the 2022 Count, an in-depth survey was administered to a sample of unsheltered and sheltered homeless individuals, in order to profile their experience and characteristics. The 2022 Count recorded 9,747 people experiencing homelessness the morning of February 23, 2022, of which 7,135 or 74% are unsheltered. This represents a 22% increase in the number of homeless people countywide compared to the 2019 Count. More specifically, the 2022 Count found that there were 489 unsheltered homeless individuals and zero sheltered individuals in Union City, which represents a 361% increase in the number of homeless people compared to the 2019 Count. The 2022 Count helps give the City and County a better understanding of the demographics and needs of those experiencing homelessness, so that resources can be allocated more effectively. The full report can be found at Point-in-Time Count | EveryOneHome.org.

The Coordinated Entry System (CES) was launched countywide in November 2017. CES provides a standardized, countywide system to connect people experiencing homelessness to the resources available in a community. The purpose of CES is to ensure that all people who are homeless or who are experiencing a housing crisis that is likely to lead to homelessness are quickly identified, assessed and connected to housing (emergency shelters, transitional housing, rapid rehousing, and permanent supportive housing) and other assistance based on their needs and the availability of resources. CES includes a call center operated through 211, housing resource centers that disbursed throughout the County, and a standardized intake/assessment screening tool.

EveryOne Home is a community-based organization that serves as Alameda County’s Continuum of Care (CoC). EveryOne Home coordinates local efforts to address homelessness. Everyone Home and he HOME Consortium jurisdictions continued their outreach to the homeless in a number of significant ways over the last year.

There are a number of mobile health services for the homeless that have the ability to travel to the City Council/RSA Agenda 343 Tuesday, September 26, 2023 CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
persons who need their assistance. The Abode HOPE Program provides mobile medical and social services for homeless individuals. The program operates a mobile health van in South and East Alameda County. The program also has street outreach and support specialists. The Tri-City Health Center launched a mobile health program in June 2019 that provides free health services for homeless and those at risk of homelessness called the HealthCare Express. The Alameda County Health Care for the Homeless (ACHCH) in collaboration with the Alameda Health System (AHS) provides a mobile clinic and provides urgent care, care coordination, linkage and referrals to community resources. Staff includes a medical provider, medical assistant, social worker, registration clerk, and van driver that work to provide friendly and accessible care to those who need it most.

Addressing the emergency shelter and transitional housing needs of homeless persons As mentioned, the majority of the County’s homeless population continues to be unsheltered (74% as of the 2022 Point In Time Count (PIT)). Only 2,612 or 27% of the County’s homeless population is sheltered.

This represents a 22% increase in people experiencing homelessness. Currently, the County’s homeless system is under resourced to meet the increasing homeless population. The strategy for meeting this growing need is to utilize the Coordinated Entry System to try and resolve a person’s homelessness more quickly, especially in transitional housing, so that each bed is used to support multiple people throughout the year. Also some of the additional data from the PIT reflects that the increase in homelessness is primarily driven by a 62% increase in car/vans and 15% increase in RV occupied vehicles (3,918 people total living in vehicles, 2,318 in cars/vans and 1600 in RVs).

As a response to a growing number of homeless and displaced families in Union City, the City launched the CAREavan Safe Parking Program in June 2016 in collaboration with Union City Family Center and local community and faith-based organizations. The CAREavan Program provides families and individuals that are living in their vehicle’s a safe place to park overnight. All participating sites provide safe parking, a facility attendant, and restrooms. Additionally, some sites provide showers and toiletries, food, clothing, meal service, free Wi-Fi, and laundry. The City allocates approximately $80,000 in General Fund dollars to cover the cost of a facility attendants for the program. On average, there are 35 to 40 households utilizing the program on any given night. In PY22, the CAREavan program was able to assist 58 active clients through the program.

To help bolster the CAREavan Program, the City has allocated more funding to the program. In response to the COVID-19 pandemic, the City received an allocation of CARES Act funding. Aproximately $120,473 of this funding has been allocated to the CAREavan Program. The City has previously allocated $60,000 of its 2020-2021 CDBG entitlement funding to the program in its 2020-2024 Consolidated Plan. The City has been approved for other funding sources through Alameda County like Homeless Housing, Assistance and Prevention (HHAP) Grant and Permanent Local Housing Allocation (PLHA) Program to help fund the CAREavan program along with General Funds from the City.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after City Council/RSA Agenda 344 Tuesday, September 26, 2023 CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The CoC is working with a number of publicly funded institutions of care to ensure that persons are not discharged into homelessness. The realignment housing program has housing specialists who work with persons in the County jail on their housing needs prior to their release date and is funded by Alameda County Probation Department to rapidly rehouse those who are or could become homeless. The CoC also participated actively in the Youth Transitions Planning partnership funded by Health and Human services (HHS) to ensure that no transitional age youth aging out of foster care exits to homelessness.

The partnership works to coordinate the foster care and McKinney funded housing resources to ensure youth do not fall out of housing.

Alameda County is a “housing first” continuum of care. All funded programs prioritize finding clients permanent housing as quickly as possible without any clinical pre-conditions, such as sobriety, medication compliance or utilizing a shelter or transitional housing program first. The CoC continues to expand Rapid Rehousing (RRH) and Permanent Supportive Housing (PSH) throughout the county.

In 2017, the City also adopted an eviction and harassment protection ordinance and a rent review ordinance to help provide protections to tenants who are facing unfair or unjust rent increases or evictions. Additionally, the City of Union City has used General Fund and CDBG funding to support a wide range of public service nonprofits that provide safety net services to help prevent low income individuals and families avoid homelessness. The Centro de Servicios provides legal services, food distribution, immigration counseling, and referral services. ECHO Housing provides tenant/landlord counseling and mediation which helps residents avoid evictions, extend termination notices, and negotiate reduced rent increases. Spectrum Community Services provides meals and health/mental health services to low and extremely low-income seniors. Union City Family Center operates a family resource center that provides emergency food, clothing, health insurance enrollment, on-site social services, referrals, information, etc. The City will also look to utilize additional pots of funding from its Cannabis Community Benefits fund in order to further support our emergency shelter networks to help them engage and serve homeless residents of Union City.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC is in the process of building a Housing Crisis Response System in Alameda County that prevents City Council/RSA Agenda 345 Tuesday, September 26, 2023 CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness whenever possible, provides dignified homeless safety net services, and maintains people in permanent homes with ongoing subsidies and services. Coordinated Entry is the front door and central organizing feature of the Housing Crisis Response System. Coordinated Entry provides a standard and transparent way for the Housing Crisis Response System to effectively identify people in Alameda County who are experiencing a housing crisis and assess their needs, then prioritize and match them to the most supportive services and housing programs for which they are eligible. To do this, EveryOne Home manages a Countywide By-Name-List, which is maintained in HMIS and governed by all applicable privacy and security policies. The BNL is the CoC’s primary focus for bringing an end to chronic homelessness. Housing navigation, emergency shelter, transitional housing, rapid-rehousing, and tenancy sustaining services are also matched to the highest priority household based on need, length of time homeless, and other vulnerability factors.

The HOME Consortium has also expanded resources for families experiencing homelessness and this can be seen as the number of homeless families has decreased despite the overall increase in homelessness in Alameda County. In 2013, 462 family households were homeless; this has declined to 170 households in 2019. One major shift that took effect during this reporting period was to convert a scattered site transitional housing program that served 47 families per year to Rapid Rehousing, which allows the program to step-down the rental subsidy amount gradually over time, allowing the subsidy funds to be spread over more families, doubling the program’s annual capacity. Providers within the Consortium have also been awarded funds to rehouse homeless families on TANF using money from the State of California award to the County Social Service Agency. ESG funds and County general funds are also assisting families.

The City received a grant from Alameda County to pay for a part time housing navigator from Abode Services to help the City’s CAREavan clients transition to permanent housing. The housing navigator provides case management services and help clients get connected to other resources. The City also received a $200,000 grant from the State Homeless Emergency Aid Program (HEAP) to further support the CAREavan program’s operating expenses and provide additional services such as a mobile hygiene unit at sites without showers and washer/dryers as well as an emergency aid fund.

To continue the CAREavan Program, the City has allocated CDBG funding to the program. In response to the COVID-19 pandemic, the City received an allocation of CARES Act funding. Approximately $120,473 of this funding has been allocated to the CAREavan Program. The City also previously allocated $60,000 of its 2020-2021 CDBG entitlement funding to the program in its 2020-2024 Consolidated Plan. The City has been approved for additional funding sources to help with homeless services through Alameda County like Homeless Housing, Assistance and Prevention (HHAP) Grant in the amount of $122,203 and Permanent Local Housing Allocation (PLHA) Program in the amount of $253,935 to help fund the CAREavan program along with General Funds from the City. The City is currently working with the Office of Homeless Care and Coordination of Alameda County for an additional round of HHAP funding to continue to support the City’s CAREavan program. The City is looking at ways to provide additional support through its Cannabis Community Benefits Fund to find long terms solutons to fight homelessness.

City Council/RSA Agenda 346 Tuesday, September 26, 2023 CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Operation Vets Home is the collaborative continuum wide effort to bring an end to veteran homelessness. Members consist of VA staff, veteran housing providers, and CoC staff.

City Council/RSA Agenda 347 Tuesday, September 26, 2023 CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City consults with the Housing Authority of the County of Alameda (HACA) to inform the Consolidated Plan and Strategic Plan. The Housing Authority of the County of Alameda (HACA) is a public agency that provides various housing programs throughout Alameda County. HACA also provides housing and administers the Section 8 Housing Choice Voucher Program (HCVP) and the Section 8 Veterans Affairs Supportive Housing (VASH) Voucher Program. Over 7,000 families and 3,500 housing owners participate in the Section 8 Housing Choice Voucher Program (HCVP) administered by HACA.

HACA also currently administers over 300 VASH Vouchers. The City currently has 727 vouchers being used by Union City residents. The City will continue to coordinate with HACA as the regional housing authority and public housing provider whenever possible.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
HACA promotes sufficiency and asset development of resident families and individuals by encouraging participants in the HCV program to sign up for the Family Self-Sufficiency (FSS) Program. The FSS Program is a partnership between low income families on the Section 8 Housing Choice Voucher program and the US Department of Housing and Urban Development (HUD). This five-year program helps families who are receiving rental assistance move to economic independence. These programs continued in PY22.

Actions taken to provide assistance to troubled PHAs
The Housing Authority of the County of Alameda is not currently troubled, nor has it been in recent years.

City Council/RSA Agenda 348 Tuesday, September 26, 2023 CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City took the following actions to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing:
• Continued to implement the City's Affordable Housing Ordinance which requires developers to provide 15% of total units as below market rate (BMR) or provide an in-lieu fee. This ordinance applies to all residential developments. The City also continued to support its existing BMR units.
• The City amended the Affordable Housing Ordinance in order to maximize the City’s ability to provide affordable housing.
• The City’s Housing Element includes goals, policies and implementation programs that support the development of affordable housing.
• The City continued to support the rehabilitation of existing housing stock by providing funding to the Minor Home Repair Grant Program.
• The City continued to investigate potential sources of funding for affordable housing. • The City continued to reduce government and public infrastructure constraints to affordable housing development through administrative support and intergovernmental cooperation.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The main obstacle the City faces in meeting underserved needs is a lack of funding for public services. In order to better leverage and utilize existing funding, the City completed an updated Public Services Needs Assessment Study in FY 22-23. The goals of the Study were to 1) form a foundation from which the City can make effective and beneficial decisions regarding the funding, provisions, and operations of local public service providers and 2) provide a priority needs map that can guide the City in future decisions about where to obligate public services funding and efforts. By strategically allocating resources, the City’s goals are to not just improve services for those in need but help raise the quality of life for the whole community through a commitment to fiscal responsibility and transparency. The components of the Study include a community survey, stakeholder meetings/interviews, and demographic review in order to analyze what types of services residents are looking for now. The Study was finalized in March 2023 and was used to inform the grant allocation process. The full Study can be found at the following link https://www.unioncity.org/DocumentCenter/View/10486/2023-NeedsAssessment-City-of-Union-City---FINAL-6523.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) City Council/RSA Agenda 349 Tuesday, September 26, 2023 CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Although the City of Union City does not have a lead-based paint reduction program at this time, all federally required protocol in the identification and amelioration of lead-based paint hazards are followed as part of its Minor Home Repair Grant program. See Alameda County LEAD Program update for actions to reduce lead-based paint hazards.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City seeks to support programs and policies that are designed to effectively reduce poverty and promote self-sufficiency. Support was given to those public services that specifically address the systemic roots of poverty within the community, such as unemployment, addiction, and illiteracy.

Through CDBG and other available funding, the City will continue to support those programs that:
• Provide job training
• Provide new, well-paying jobs
• Break the cycle of drug and alcohol dependency
• Provide needed childcare for low income families
• Provide needed skills to increase the independence of emotionally or physically disabled individuals
For example, this year the City provided funding to 4C’s of Alameda County which provides microenterprise assistance to low income residents seeking to start and operate in-home childcare businesses. This provides business opportunities and job training for low income individuals while also increasing the number of childcare providers in the City. Also through levaraging the City’s General Fund, different service providers for the City provide job training opportunities, resume building, and other training opportunities for low income individuals and families.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's departments work openly and efficiently together to further the City's goals. The City also works with social service agencies, for profit and non-profit developers, other cities, the County of Alameda, the State of California, and the Federal Government to ensure the effective delivery of services to the community. The City also participates in the Alameda County HOME Consortium and EveryOne Home.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City took following actions to enhance coordination between public and private housing and social service agencies:
• The City has worked with and continues to work with housing developers to develop extremelylow, very low and low income housing units throughout the City City Council/RSA Agenda 350 Tuesday, September 26, 2023 CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Continued to participate in the HOME Consortium’s Technical Advisory Committee • Encouraged collaboration and cooperation among local service providers • Continued to participate in EveryOne Home
• Continued to fund nonprofit agencies serving low income residents • Continued to build and improve relationships with local service providers • Worked with Alameda County’s Healthy Homes Department to provide housing repairs and rehabilitation throughout the community
• Continued to collaborate with the school district and faith-based organizations to operate the CAREavan program
• Encouraged collaboration with the Housing Authority of Alameda County (HACA) to look at the development of a parcel owned by HACA in Union City to try and develop affordable housing.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) In PY22, the Alameda County HOME Consortium completed an Analysis of Impediments to Fair Housing Choice (AI). The City took the following actions to meet and address the policies identified in the AI.

Policy 1: Promote fair housing enforcement and outreach.

Actions: The City will continue to contract with fair housing service providers, increase resident access to fair housing services, and continue to fund housing placement services.

Policy 2: Maintain, improve, and implement local policy that supports affordable housing and fair housing.

Actions: Promote new fair housing laws, periodically review their existing inclusionary housing in-lieu fees and/or housing impact fees and jobs-housing linkage fee programs if applicable, aim to implement the programs described in the Housing Element, continue to incorporate these regional AI goals, continue to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) that evaluates the progress towards these Regional AI goals, and work together to continue to commission marketbased surveys of current market-rate rents in the Oakland-Fremont HUD FMR Area.

Policy 3: Promote and implement new fair housing laws that protect recipients of rental subsidies from discrimination by landlords.

Actions: Educate tenants and landlords on new fair housing laws.

Policy 4: Preserve and rehabilitate existing affordable housing stock.

Actions: Participating jurisdictions will provide rehabilitation assistance loans for lower-income units.

Policy 5: Increase the number of affordable housing units.

Action: Prioritize the production of affordable housing units and continue all existing programs to support development of local affordable housing units.

City Council/RSA Agenda 351 Tuesday, September 26, 2023 CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
Policy 6: Increase homeownership among low- and moderate-income households.

Action: Create a shared list of lenders countywide that can help buyers access below-market-rate loans and locally sponsored down payment and mortgage assistance programs, and allocate funds for homeownership programs that support low- and moderate-income households.

Policy 7: Participating jurisdictions will continue to support or will explore new programs that provide financial support for job training programs to lower-income individuals.

Action: Continue to support or will explore new programs that provide financial support for job training programs and continue to provide financial support for homeless services.

Policy 8: Maintain and expand awareness of affordable housing opportunities and services through marketing efforts.

Action: Continue to assist in advertising the availability of subsided rental units, explore the creation of a countywide affordable housing database, continue promoting 211’s affordable housing database with current information, and increase marketing efforts of affordable housing units to people that typically face barriers and discrimination in fair housing choice.

Policy 9: Participating jurisdictions will pursue local, state, and federal funding sources as they become available.

Action: Continue to pursue local, state, and federal funding sources as they become available.

City Council/RSA Agenda 352 Tuesday, September 26, 2023 CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Union City monitors its programs to ensure that projects are in compliance with federal regulations and the objectives of the community. The City spells out monitoring requirements in its agreements with nonprofits subgrantees, housing owners, and agreements with other public agencies.

By incorporating performance requirements and reporting procedures, including outlines of specific objectives, timelines and budgets, the City is able to evaluate performance. Procedures for monitoring include:
• Monitoring subgrantee performance reports and request for reimbursements on a quarterly basis
• Regular onsite monitoring
• Annual review of audits for continuing subgrantees
• Onsite monitoring of construction progress and labor monitoring (when applicable) and project oversight by City’s Public Works Department, as needed
• Ongoing monitoring of affordable rental projects
• Monitoring of HOME–funded projects
• Ongoing monitoring of affordable ownership units citywide • Review of project expenses
• Housing Element Annual Reports
For PY22, the City conducted CDBG desk reviews of its public service grantees including reviewing quarterly reports submitted by the grantees. Due to the continued COVID-19 pandemic, the City was not able to conduct onsite monitoring visits but is in the process of coordinating with all of the Public Service Grantees to go onsite as the impacts of the pandemic have decreased. The City has also been developing a monitoring matrix for its HOME program in order to ensure that the City’s properties funded by HOME are in good standing. At this point, no findings have been issued.

City Council/RSA Agenda 353 Tuesday, September 26, 2023 CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

A fifteen (15) day public review period for the draft of the 2022 CAPER will be held from September 5, 2023 to September 20, 2023 and the CAPER will be made available on the City's website and copy of the draft was available for review at City Hall. If the City receives comments, they will be incorporated into the CAPER at the end of the public review period.

The City Council will hold a public hearing on the CAPER at their September 26, 2023 meeting and public hearing notice was published in the Tri City Voice. During the public hearing on September 26, 2023, if comments are received by the public they will be incorporated into the CAPER.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City's goals and priorities specified in the 2020-2024 Consolidated Plan guide the City's Annual Action Plan activities. The City has developed internal processes and long-range plans to help maintain timeliness while meeting the other CDBG program objectives.

In PY22, the City of Union City continued to feel the impacts of the COVID-19 pandemic. The federal government passed the CARES Act on March 27, 2020 with the purpose of providing emergency economic support for communities in need. The City of Union City received a CARES Act allocation of $779,418 and diligently worked to create and fund programs to get this money to its residents. This led to the creation of the Road to Recovery Small Business Assistance Program which is designed to help small businesses who are struggling financially due to the COVID-19 pandemic. So far, the Road to Recovery Small Business Assistance Program had some challenges providing aide to 5 small businesses in PY22. The business applicants have had some communication issues and some anomaly’s in their applications that triggered some additional review after discussions with the small business owners. The additional follow up was to ensure that there was not going to be a Duplication of Benefits should an award be made. Due to the additional review time, the awards should be issued by the end of September 2023 and will be included with the 2023 CAPER. Currently the total number of local Union City businesses that were able to be helped is at 24 but that total will increase to 29 with the PY23 CAPER. In PY22, the CARES Act allocation also funded the Residential Rental Assistance Program which provided assistance to 5 residents who have been struggling financially due to the COVID-19 pandemic and have been unable to pay their rent.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) City Council/RSA Agenda 354 Tuesday, September 26, 2023 CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

City Council/RSA Agenda 355 Tuesday, September 26, 2023 CAPER 29
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City's goals and priorities specified in the 2020-2024 Consolidated Plan guide the City's Annual Action Plan activities. The City has developed internal processes and long-range plans to help maintain timeliness while meeting the other CDBG program objectives.

In PY22, the City of Union City continued to feel the impacts of the COVID-19 pandemic. The federal government passed the CARES Act on March 27, 2020 with the purpose of providing emergency economic support for communities in need. The City of Union City received a CARES Act allocation of $779,418 and diligently worked to create and fund programs to get this money to its residents. This led to the creation of the Road to Recovery Small Business Assistance Program which is designed to help small businesses who are struggling financially due to the COVID-19 pandemic. So far, the Road to Recovery Small Business Assistance Program had some challenges providing aide to 5 small businesses in PY22. The business applicants have had some communication issues and some anomaly’s in their applications that triggered some additional review after discussions with the small business owners. The additional follow up was to ensure that there was not going to be a Duplication of Benefits should an award be made. Due to the additional review time, the awards should be issued by the end of September 2023 and will be included with the 2023 CAPER. Currently the total number of local Union City businesses that were able to be helped is at 24 but that total will increase to 29 with the PY23 CAPER. In PY22, the CARES Act allocation also funded the Residential Rental Assistance Program which provided assistance to 5 residents who have been struggling financially due to the COVID-19 pandemic and have been unable to pay their rent.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A
City Council/RSA Agenda 356 Tuesday, September 26, 2023 CAPER 30
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours 5,142
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 1
Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals. 1
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching. 1 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies. 1
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program City Council/RSA Agenda 357 Tuesday, September 26, 2023 CAPER 31
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The Old Alvarado/Cesar Chavez public facilities project has continued into its Phase II of rehabilitation of the parks. The General Contractor continued with outreach efforts for job applicants for other funding targeted workers and possible Section 3 workers. The City also completed its posting of the America’s Job Center of California (AJCC) website link on the City’s website for increased accessibility for prospective applicants. Other organizations like Centro de Servicios and Union City Family Center were able to connect residents with supportive services, financial literacy/coaching, and connect residents with computer use or online technologies.

City Council/RSA Agenda 358 Tuesday, September 26, 2023 Item 6.a.

FY 2022-2023 Consolidated Annual
Performance and Evaluation Report
(CAPER)
City Council/RSA Agenda 359 Tuesday, September 26, 2023 • City receives annual allocations of CDBG HOME funding • Must prepare a CAPER as requirement to receive funding• Compares accomplishments to goals• Comprehensive accounting of how CDBG funds were spent City Council/RSA Agenda 360 Tuesday, September 26, 2023 Public Facilities
Public Facilities – PY2021
$ 397,195
$ 26,115 -- -- $ 397,195 $ 26,115
2022-2023 EXPENDITURES
3 Activity CDBG HOME General TOTAL
Fund
Administration $ 98,709 - - $ 98,709Public Services $ 50,020* - $253,857* $ 314,957 Microenterprise Assistance $ 7,654* - - $ 7,654*
Housing Rehabilitation $ 3,400* - - $ 3,400*Tenant Based Rental Assistance - $43,667 - $ 43,667 TOTAL $ 583,093* $43,667 $253,857 $ 891,697
City Council/RSA Agenda 361 Tuesday, September 26, 2023 2022-2023 ACTIVITIES
• Housing Rehabilitation Program
• 13 minor home repair grants
• Microenterprise Assistance
••
Community Child Care Council (4C’s)Provides assistance to low-income, in-home childcareproviders5 businesses served • • Capital Improvements
• Old Alvarado/Cesar Chavez Park completion of capital
improvements throughout park and picnic areas
• Tenant Based Rental Assistance (Fremont Program)
• 4 families assisted
4 City Council/RSA Agenda 362 Tuesday, September 26, 2023 2022-2023 ACTIVITIES
• Road to Recovery Small Business Assistance Program
• 5 businesses in final process of approval;
• Residential Rental Assistance Program
••
5 residences provided with rental assistance
16 household community members able to stay housed during the ongoing pandemic • CAREavan
• 57 residents were able to be provided safe parking
4 City Council/RSA Agenda 363 Tuesday, September 26, 2023 111
PUBLIC SERVICES – CDBG
5 Activity Program # of Residents
Served
Abode Services Shelter and 12
Family Services
ECHO Fair Housing Fair Housing, Tenant/Landlord
Counseling
Union City Family Center General Social 1 , 9 8 8
Services
Kidango, Inc. Meals for Low 1 , 0 2 9
Income Families
Spectrum Community Senior Health 123Services Initiative TOTAL 3,263
City Council/RSA Agenda 364 Tuesday, September 26, 2023 Abode Services Shelter and Family
Services
12 PUBLIC SERVICES – GENERAL FUND
6 Activity Program # of Residents
Served
Centro de Servicios – General Social 9 , 8 0 0Decoto ServicesCity of Fremont Senior Support 15Community Resources for Housing and 42Independent Living Independent Living Skills
City Council/RSA Agenda 365 Tuesday, September 26, 2023 Activity Program # of Residents
Served
ECHO Housing Fair Housing,
Tenant/LandlordCounseling
111
25 Tiburcio VasquezHealth Center
Health Center 948
PUBLIC SERVICES – GENERAL FUND
7 Legal Assistance Legal Services for Seniors
TOTAL 10,953
City Council/RSA Agenda 366 Tuesday, September 26, 2023

RECOMMENDATION
• It is recommended the City Council hold the
public hearing and adopt a resolutionapproving the 2022-2023 CAPER andauthorizing the City Manager to submit theCAPER to HUD 8 City Council/RSA Agenda 367 Tuesday, September 26, 2023 Agenda Item
DATE: 9/26/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING THE STRATEGIC PLAN FINAL UPDATE AND CITY COUNCIL PRIORITIES FOR FISCALYEAR 2023-24 AND FY 2024-25; AND APPROVE THE MEETING MINUTES OF THE CITY COUNCIL’S STRATEGIC PLANNING WORKSHOP OF JULY28, 2023.

Management Partners facilitated the City Council’s Strategic Plan Workshop on July 28, 2023. The workshop provided an opportunity for Councilmembers to identify priorities for Fiscal Year 2023-24 and Fiscal Year 2024-

25. Staff recommends that the City Counciladopt a resolution to:

1. Approve the Strategic Plan Final Update and City Council priorities for Fiscal Year 2023-24 through FY 2024-25; and

2. Approve the meeting minutes of the City Council’s Strategic Plan Workshop of July 28, 2023

STRATEGIC PLAN ALIGNMENT
Goal E: Communication and Outreach
Strategy 3: Create and implement a plan for conveying progress and outcomes from the City’s Strategic Plan to employees and the community at large.

BACKGROUND
The Strategic Plan is designed to guide the work of staff and is a roadmap for the City that reflects the priorities of the City Council with input from staff. The Strategic Plan for Fiscal Year 2019-20 through Fiscal Year 2024-25 was adopted in 2019 to establish the priorities set by the City Council and ensure accountability in implementing the strategies. At that time, five multi-year goals were established that have remained unchanged. These goals are:

Goal A. Financial Stability and Sustainability
Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased City Council/RSA Agenda 368 Tuesday, September 26, 2023 revenue, and cost recovery.

Goal B. Governance and Organization Effectiveness
Produce high-quality services to the community through a commitment to local government best practices and employee development, support and retention.

Goal C. Economic, Community Development and Public Safety Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Goal D. Environmental Sustainability and Infrastructure Create a healthy, sustainable community and maintain and improve the City’s infrastructure.

Goal E. Communication and Outreach
Build strong connections with community partners, residents and employees.

While the Strategic Plan goals have remained constant, as part of the 2021 midpoint update, the City Council refocused the top priorities for FY 2021-22 and FY 2022-23. Key accomplishments made during the past two years associated with those priorities are shown in table below.

City Council/RSA Agenda 369 Tuesday, September 26, 2023 Since the 2021 Strategic Plan midpoint update, there have been significant occurrences (many beyond the City's control) that influence the City's operations. Key factors include:

Fiscalchallenges as a result of inflation and cost increases Staffing challenges of retirements, departures, vacancies, and new hires.

Cyberattack recovery
Pandemic recovery response efforts to resume pre-pandemic service levels Passage of one-half cent sales tax extension in November 2022 Redistricting and transition to district-based elections New, unfunded state mandates
This is now the final update to the current Strategic Plan. On the July 28, 2023, Management Partners, led by Jan Perkins and Magda Gonzalez, facilitated the City Council Strategic Plan workshop at the Holly Community Center. The Mayor, City Council, City Manager, and the Senior Management Team were in attendance.

At the workshop much of the session was devoted to reviewing the strategies within the five goals and acknowledging the accomplishments of the ambitious Plan. As a result of the discussion, some of the language of City Council/RSA Agenda 370 Tuesday, September 26, 2023 the strategies was refined and some strategies were moved to better align with the goals. Overall, the Council agreed to continue the progress that had been made over the past two years, while pressing to focus on existing strategies that had not been prioritized previously.

DISCUSSION
The Strategic Plan has five multiyear goals, and each goal has a set of priorities for implementation. At the July 28, 2023, Strategic Plan workshop the City Council identified seven priorities for Fiscal Years 2023-24 and 2024-25, illustrated in Table 2. No new goals or strategies were identified during the workshop; however, there were some shifts in the priorities from the midpoint update of 2021.

While the City continues to focus on fiscal stability and possible revenue measures to address the long-term structural deficit and other needs, new priorities include:

Promote new housing development (Goal C, Strategy 5)
Update the Economic Development Strategic Plan and pursue other economic development efforts (Goal C, Strategy 6)
Create a plan to maintain and upgrade to City buildings (Goal D, Strategy 10) Develop a comprehensive Facilities Needs Assessment (Goal D, Strategy 16) City Council/RSA Agenda 371 Tuesday, September 26, 2023 Build a customer relations plan for Public Works and Code Enforcement as part of the City’s communication efforts (Goal E, Strategy 5)
As part of the strategic planning effort over the past several years, staff members have undertaken several large projects that willcontinue to move forward, including:

Focus on the long-term fiscal stability of the City, including new revenue measures and economic development, to improve public safety, infrastructure maintenance, and services to the community. Voter initiatives that could be considered include an overhaul of the Business License Tax or reestablishing the Public Safety Pacel Tax.

Continue technology investments across all departments to improve security, service delivery, and staff efficiency. Examples of projects underway include, overhauling our financial, payroll, and HR software; installing cameras at intersections for traffic control and safety improvements; installing license plate readers to support policing efforts; and installing fiber or other solutions to provide high-speed internet access among all City facilities.

Facilitate the development of the Station District and construction of Quarry Lakes Parkway, and other infrastructure projects, to facilitate residential development and economic development. Major infrastructure projects that are underway include opening the east entrance to the BART station, which requires working with Union Pacific Railroad to complete the permitting process; continuing the progress on Quarry Lakes Parkway, a transportation project that Union City and Fremont assumed from the State and the County; and working with passenger rail providers to plan and design a rail station at BART.

Support succession planning efforts and hiring to return to pre-pandemic staffing levels, with a focus on employee attraction and retention. Recruiting qualified employees continues to be a challenge. While strides to fill vacancies have been successful because of focused efforts, some positions remain unfilled due to a lack of qualified applicants. Investing in employee training continues to be a priority.

Staff seeks any finalcomments from the City Council regarding the Strategic Plan priorities for the next two fiscal years. In 2025, the City Council may wish to take a fresh look at the City and create a new Strategic Plan.

FISCAL IMPACT
There is no fiscal impact to the General Fund by approving the final update to the Strategic Plan.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Strategic Plan Final Update and City Council Priorities for FiscalYears 2023-24 and 2024-25 and approve the meeting minutes of the City Council’s Strategic Planning Workshop of July 28, 2023.

Prepared by:

Serenity Mlay, Management Analyst
Submitted by:

Joan Malloy, City Manager
City Council/RSA Agenda 372 Tuesday, September 26, 2023 Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution Adopting the Final Strategic Plan and Meeting Minutes of the Strategic Plan Workshop
Resolution
Exhibit A. Meeting Minutes of the Strategic Plan Workshop Exhibit Exhibit B. Strategic Plan Final Update Exhibit
Item7.b. Powerpoint Attachment
City Council/RSA Agenda 373 Tuesday, September 26, 2023 RESOLUTION NO. XXXX-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING THE FINAL UPDATE TO THE FY 2019-20 THROUGH FY 2024-25 CITY COUNCIL STRATEGIC PLAN; AND APPROVING MEETING MINUTES OF THE STRATEGIC PLAN WORKSHOP OF JULY 28, 2023
WHEREAS, the City Council held a Strategic Planning Workshop on July 28, 2023, to review the draft of the final update to the City’s five-year Strategic Plan, review key issues that emerged since the 2021 update, confirm strategies, and strengthen teamwork; and WHEREAS, upon the conclusion of the July 28, 2023, Strategic Plan Workshop, City Council priorities for Fiscal Year 2023-24 and Fiscal Year 2024-25 were identified for City staff to carry out along with the remaining goals and strategies of implementation; and WHEREAS, the meeting minutes of the July 28, 2023, Strategic Plan Workshop were prepared by Management Partners and incorporated into the City Council’s priorities for Fiscal Year 2023-24 and Fiscal Year 2024-25.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City approves the meeting minutes of the July 28, 2023, Strategic Plan Workshop (attached as Exhibit A); and
BE IT FURTHER RESOLVED that the City Council determined that the City’s Final Strategic Plan (attached as Exhibit B) has been updated and that the following seven strategies are now the established priorities for Fiscal Year 2023-24 and Fiscal Year 2024-25:

1. Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit.

2. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 to address critical facilities and infrastructure needs.

3. Promote housing development for all income levels in the community by implementing the Housing Element, updating the zoning ordinance to include objective standards for new multi-family residential development to streamline the review of applications for housing developments, and other measures.

4. Update the Economic Development Strategic Plan to meet the City’s financial goals and build regional partnerships.

5. Create and implement a plan to maintain and upgrade the City’s buildings.

6. Create an outline of, and schedule for, creating a comprehensive Facilities Needs Assessment, and prioritize a space needs assessment for police as one of the first to be studied.

7. Build a customer relations plan for public works and code enforcement.

City Council/RSA Agenda 374 Tuesday, September 26, 2023 Resolution No. XXXX-21