1. Buy America Requirements
Buy America — Attention is directed to the "Buy America" requirements of the surface Transportation Assistance Act of 1982 (Section 165) and the Inter-nodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance shall be furnished for steel and iron materials. The certificates shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions.
The requirements imposed on AGENCY by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The AGENCY or its contractor(s) shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporation the materials into the work.
Certification requirement for procurement of steel, iron, or manufactured products.
The AGENCY hereby certifies that all manufacturing process for steel and iron materials occurred in the United States, except for the above exceptions.
Signature:
Name and Title:
Company Name:
Date:
City Council/RSA Agenda 171 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
2. DAVIS-BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland "Anti-Kickback" Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction." In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act - (i) The AGENCY's contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the AGENCY's contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
(ii) Subcontracts - The AGENCY's contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.
4. COPELAND ANTI-KICKBACK ACT
City Council/RSA Agenda 172 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
Compliance with Copeland Act requirements - The AGENCY's contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY's prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating AGENCY's prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.
City Council/RSA Agenda 173 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-6
ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171)
Recitals
WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority ("BATA") which is a public instrumentality governed by the same board as that governing MTC; and
WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and 30914; and
WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and WHEREAS, on November 8, 1988, voters approved Regional Measure 1 ("RM1"), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and WHEREAS, on March 2, 2004, voters approved Regional Measure 2 ("RM2"), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and
WHEREAS, AGENCY submitted one or more allocation requests for RM2, AB 1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY's resolution(s) approving the allocation request(s) are attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and City Council/RSA Agenda 174 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment A as Attachment C, MTC Resolution(s) Approving Project Request,MTC approved AGENCY's request(s) for the applicable funds for the applicable Project.
I. AGENCY AGREES
A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attachment A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request.
B. AGENCY shall provide MTC with annual progress reports on or before each July 31 throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636.
C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RM1, RM2 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RM1, RM2 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC.
D. AGENCY agrees to spend RM1, RM2 and/or AB 1171 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment E, Reimbursement Schedule.
E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM1, RM2 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised, as well as the provisions of MTC's RM2 Policy Guidance contained in Attachment D, MTC Resolution No. 3636,relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 from time to time.
The AGENCY agrees to comply with the most current Resolution that is approved at any given time.
F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report,as it may be updated from time to time.
Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement.
City Council/RSA Agenda 175 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
G. AGENCY certifies that:
• The Project is consistent with the Regional Transportation Plan ("RTP"). • All environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment.
• The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement.
• AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A.
• If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised.
• If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c).
• If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 31010(b).
• The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and with the State Environmental Impact Report Guidelines (14 California Code of Regulations Sections 15000 et seq.), and if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder.
• There is no legal impediment to AGENCY making allocation requests for RM1, RM2 and/or AB 1171 funds, as applicable.
• There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project.
H. In addition to AGENCY's commitment under Article 10, INDEMNIFICATION,of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM1, RM2 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.
I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC's percentage participation in the Project. MTC's percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement Schedule,as updated from time to time, as such amount may be adjusted to reflect total project costs.
City Council/RSA Agenda 176 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
J. Project assets purchased by AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC's option) based on MTC's share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM1, RM2 and/or AB 1171 funds, as applicable, were originally used.
K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two signs visible to the public stating that the Project is funded with RM1, RM2 and/or AB 1171 funds, as applicable.
L. AGENCY's City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies.
M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised, and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request.
II. MTC AGREES
A. MTC agrees to provide AGENCY with RM1, RM2 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A.
The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY's allocation request from the State according to the Allocation Request Schedule provided in Attachment F to the applicable Supplement.
In the event AGENCY does not use all RM1, RM2 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement.
III. IT IS MUTUALLY AGREED
City Council/RSA Agenda 177 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY's performance hereunder; or (ii) disrupts MTC's ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owes to the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement.
B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by serving a sixty (60) day advance written notice of termination on AGENCY, setting forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC's satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default.
C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RM1, RM2 and/or AB 1171 funds, as applicable, expended that exceed MTC's proportionate share of eligible costs for the Project.
D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred.
E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised, or on the termination date, if any, set forth in the Supplement, whichever is sooner.
F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein.
Attachment A — Updated Initial Project Report (Allocation Request) Attachment B — AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C — MTC Resolution(s) Approving Project Request(s) Attachment D — MTC Resolution No. 3636, Revised
Attachment E — Reimbursement Schedule
Attachment F — Allocation Request Schedule
City Council/RSA Agenda 178 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT B-7
ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY FEDERAL
FUNDS INCLUDING STP AND CMAQ)
1. TERMINATION
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable.
If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product.
2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.
AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.
3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY's books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4.
AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term "contract" as used in this clause excludes agreements not exceeding $25,000.
City Council/RSA Agenda 179 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
4. LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data, and products ("Work Products") developed, prepared, or assembled by AGENCY or AGENCY's consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a third party, without the approval of AGENCY or AGENCY's consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY's consultant(s) or subconsultants purchase ownership under this Agreement.
5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.
6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate.
7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21).
8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.
City Council/RSA Agenda 180 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).
10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.
11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments.
14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"), and are herein incorporated by this reference and made a part hereof.
AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act City Council/RSA Agenda 181 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
(CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.
15. IDENTIFICATION OF DOCUMENTS
AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the U.S.
Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation." City Council/RSA Agenda 182 Tuesday, July 9, 2024
MTC/City of Union City
Master Funding Agreement for FY 2017-18 to FY 2026-27
EXHIBIT C
FORM 10-C
City Council/RSA Agenda 183 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checkist
EXHIBIT 10-C A&E CONSULTANT CONTRACT REVIEWERS CHECKLIST Date: Amendment: 0 District: --selec
Agency Name:
Federal or State Project Number:
Local Agency Contract Number/Solicitation Number:
Consultant Name:
Original Contract Period: Begin:
Original Contract Dollar Amount:
End:
Funding: --Select--
No. DESCRIPTION
A.
1 2
3 4
B.
1 2
3 4
S
6 7
8 PROCUREMENT PLANNING
Description of need for consultant:
Local agency contract administrator information
a Name:
b Phone: Email:
Do you have a scope of work?
a Does the scope of work include a consultant in a management support role? b Is the schedule specified in the scope of work?
Independent cost estimates (23 CFR 172.7(a)(1)(v)(b))
a What is the total value of independent cost estimate? --select--
--select--
--select--
b What cost estimating technique was used? --select--
SOLICITATION DOCUMENTS AND ADVERTISEMENT
Consultant selection committee and conflict of interest a What is the number of panel members?
b Was Conflict of Interest form (EXHIBIT 10-T) signed by all? c Was Conflict of Interest form (EXHIBIT 10-T) dated by all? Does the solicitation contain a procurement schedule?
Type of contract? --select--
--select--
--select--
--select--
Method of payment? --select--
Evaluation criteria and weights (EXHIBIT 10-B)
Were weight values assigned to criteria?
Procurement type? --select--
--select--
Length of contract (in years):
DBE utilization goal setting (Federal-funded only)
a Was Exhibit 9-D submitted?
b Was Exhibit 10-I included in solicitation?
c What is the DBE Utilization Goal (%)?
--select--
--select--
d If No goal (not Zero goal), explain:
e Was a Good Faith Effort (Exhibit 15-H) approved by LPA? Records of publication for RFP or RFQ
.
Was widespread publication used to advertise the RFP/RFQ (EG newspaper, web posting, Planetbids,etc.)?
Specify:
--select--
--select--
January 2018
City Council/RSA Agenda 184 Tuesday, July 9, 2024
No. DESCRIPTION
b How long was the advertisement period (in days)?
9 Records of response to solicitation
a How many consultants responded to this solicitation?
b Does your agency have a proposal responsiveness checklist? --select-- Were records of response documented (e.g. log sheet, copies of time-stamped envelops, other)? Specify:
C. EVALUATION AND SELECTION
1 Documentation of consultant selection
a How many consultants were evaluated?
b Were evaluation criteria the same as in solicitation? --select-- c Original score sheets and final rankings
1. How many score sheets were signed by all?
2. How many score sheets were dated?
d Was Exhibit 10-01 included in proposal (Federal funded only)? --select-- e Was Exhibit 10-U submitted if there is a consultant in a management role (if applicable)? --select-- 2 Develop top ranked consultants and notify all interviewees a Did you notify all candidates of their ranking? --select-- b Did you conduct oral interviews? --select--
3 Cost proposal
a
Is cost proposal in Exhibit 10-H format or equivalent complete and in the correct form based on the method of payment? --select--
b Payment Method: --select--
c Is direct labor cost proposal broken down by job classifications and types of costs and/or rates? --select-- d Is the ICR for current fiscal year? --select--
e Are key personnel identified? --select--
Are "other direct cost" itemized by items of work quantity, unit price and total for each item (EXHIBIT 10-H)? --select--
g Is fixed fee over 15%? --select--
4 Audit and review documents before contract execution
a Was proposed ICR submittal sent to A&I for acceptance (EXHIBIT 10-K)? --select-- b What is A&I's ICR decision? --select--
c Does the final cost proposal reflect the adjusted or accepted ICR? --select-- 5 Record of cost/profit negotiations
a Did you verify elements of the cost proposal from the top-ranked consultant? --select-- b Did you return remaining concealed cost proposals after successful cost negotiation or dispose of in accordance with written policies and procedures approved by Caltrans? --select-- c Did you perform a cost analysis (wage rates, fixed fee, other direct costs, indirect costs and profits)? --select-- d Did you document your profit negotiations? --select-- 6 Mandatory fiscal and federal provisions (EXHIBIT 10-R) (Federal-funded only) a Are all mandatory fiscal and federal provisions included in contract? (Article IV to XVII) --select-- b What mandatory provisions are not verbatim?
c Was Exhibit 10-02 completed and included in the contract? --select-- 7 Specify if sole source:
Was a public interest finding (EXHIBIT 12-F) prepared by local agency and approved by DLAE? --select-- --select--
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checkist
January 2018
City Council/RSA Agenda 185 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checkist
No. DESCRIPTION
8 9
10 11
Was price used as an evaluation factor? _
What Policies and Procedures have been adopted? --select-- --select--
a Date adopted Caltrans procedure (CPM or LAPM Ch.10) (mm/yyyy):
b Has Caltrans approved local agency's policies and procedures? Method of payment in contract? --select--
--select--
Does contract awarded match that of solicitation? --select-- D.
1 2
3 4
5 6
7 8
9 10
FOR CONSULTANT CONTRACT AMENDMENT ONLY
Amendment number:
Start date: End date:
Type of original contract: --select--
Was small purchase used for original procurement?
What is A&I's ICR decision? --select--
--select--
Total amended contract amount:
Description of need for amendment:
Has the scope of work changed?
Does the revised scope of work include a consultant in management support role? Was Exhibit 10-U submitted if there is a consultant in management support role? --select--
--select--
--select--
Note: Please submit EXHIBIT 10-C using finable PDF along with a signed copy via email.
I certify the information I provided on and in connection with this form is true, accurate and complete and supporting documents are filed in our office filing system. I also understand that any false statements or omissions on this document may be grounds for disqualification from federal and/or State funding.
Local Agency Contract Administrator Date
I have reviewed the Exhibit 10-C Consultant Contract Reviewers Checklist but I have not reviewed the supporting documentation in detail. The Exhibit 10-C checklist appears to have been prepared in accordance with Chapter 10 "Consultant Selection" of the Local Assistance Procedures Manual. I have not conducted a comprehensive review of the supporting documentation and cannot, therefore, attest that there are no errors, ambiguities, or omissions in the Exhibit 10- C checklist. Caltrans assumes no liability for any defect in the Exhibit 10-C by virtue of its review of this checklist.
Caltrans DLA Acceptance Date
January 2018
City Council/RSA Agenda 186 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
INSTRUCTIONS FOR A&E CONSULTANT CONTRACT REVIEWERS CHECKLIST Submittal of Exhibit 10-C for new or amended consultant contracts is required for all A&E consultant contracts (State and Federal) for Caltrans review and acceptance prior to contract award. Sections A, B, and C on Exhibit 10-C will be skipped for contract amendments (Section D applies to amendments only). A designated contract administrator must prepare and sign EXHIBIT 10-C (HQ review is not required for Non A&E Contracts).
EXHIBIT 10-C must be submitted using finable PDF along with a signed copy via email to aeoversightAdot.ca.govin the following format FederalProjeetNumber-District-Agency-New (or Revised).
The following are considered procedural deficiencies and may jeopardize federal and/or state funding on completed or ongoing projects.
• Did not advertise as required.
• Did not re-advertise for required period.
• Did not identify all evaluation factors in Request for Qualifications/Request for Proposals (RFQ/RFP).
• Did not identify the weights or values of each evaluation factor in RFQ/RFP. • Method of payment in RFP not consistent with contract cost proposal. • No supporting documentation that all proposals were received within the required time frames (example: proposals not date-stamped).
• No conflict of interest signed by panel members or evidence an appropriate Code of Ethics was followed in accordance with federal requirements.
• Profit not negotiated.
• No support that cost analysis was performed.
• Cost elements not negotiated/evidence of negotiations not maintained. • No prior authorization given for sole source contracts. • Title VI requirements [per 23 CFR 172 (c) (vi)] revisions needed in contracts (federal funded only).
• DBE requirements [per 23 CFR 172 (c) (vii)] revisions needed in contracts (federal funded only).
The following are considered unrecoverable deficiencies and shall result in the withdrawal of all or a portion of the federal and/or state funds from the project:
• No records or documentation to support consultant procurement. • No support for scoring and/or ranking of consultants.
Two or more of the following are considered unrecoverable deficiencies and shall result in the withdrawal of all or a portion of the federal and/or state funds from the project:
• No justification for sole-sourcing.
• Could not support contract was advertised at all.
• No independent cost estimate performed.
• Local preference used.
• Price used as an evaluation factor.
• Scoring evaluation factors or weights do not match those identified in the RFQ/RFP. • Did not include any evaluation factors in the RFQ/RFP.
January 2018
City Council/RSA Agenda 187 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
• Cost proposal does not break down job classifications and types of costs by amount and/or rates. • Missing Title VI requirements [per 23 CFR 172 (c) (vi)] from contracts (Federal Funded Only). • Missing DBE requirements [per 23 CFR 172 (c) (vii)] from contracts (Federal Funded Only).
A. PROCUREMENT PLANNING
1. DESCRIPTION OF NEED FOR CONSULTANT
Describe need for consultant: How was the need for a consultant justified? Compare the project schedule and objectives with local agency capabilities, staff expertise and availability, and funding resources.
2. LOCAL AGENCY CONTRACT ADMINISTRATOR (NAME & CONTACT INFO) The Local Agency Contract Administrator must be a qualified local agency employee, or have staff that is qualified to ensure the consultant's work is complete, accurate, and consistent with the terms and conditions of the consultant contract.
a. Include contact information: name of contract administrator. b. Phone and email of contract administrator.
3. SCOPE OF WORK
Indicate if scope of work (SOW) is included in solicitation and contract. SOW means all services, work activities, and actions required of the consultant by the obligations of the contract. a. Indicate if the contract includes a consultant in a management role (EXHIBIT 10-U). The use of a consultant in a management role should be limited to unique or unusual situations. These situations require a thorough justification and approval by FHWA before contract execution. b. Schedule of work from work breakdown structure (WBS) helps to determine the schedule of contract delivery and must be included in the scope of work to increase accountability and efficiency of a contract.
4. INDEPENDENT COST ESTIMATES (ICE)
a. Enter the amount of an independent cost estimate (ICE). An ICE is needed for cost analysis and contract negotiation (23 CFR 172.7(a)(1)(v)(B)) to ensure that consultant services are obtained at a fair and reasonable cost. In order to properly identify the maximum amount of the contract and to assess the validity of a consultant's cost proposal, the contracting agency shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct costs, and consultant's fixed fee for the defined scope of work.
b. Agencies are required to maintain documentation to show how the ICE was calculated. Several methods can be used. Refer to Module 4 for examples on how to calculate the ICE at:
http://www.dot.ca.gov/hq/LocalPrograms/AE/2016/M4-slides.pdfor http://vvww.dot.ca.gov/hq/LocalPrograms/AE/2016/M4-2016-11-14.mp4.
January 2018
City Council/RSA Agenda 188 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
B. SOLICITATION DOCUMENTS AND ADVERTISEMENT
1. CONSULTANT SELECTION COMMITTEE AND CONFLICT OF INTEREST a. A consultant selection committee with a minimum of three members is appointed at the beginning of the consultant selection process. The committee reviews materials submitted by consultants, develops a shortlist of qualified consultants, and develops a final ranking of the most qualified proposals.
b. Exhibit 10-T should be completed by all panel members and anyone involved in the procurement process, and include signatures and dates.
c. Completed Exhibit 10-T includes all applicable boxes checked and the contract administrator's signature verifying no conflicts of interest.
2. PROCUREMENT SCHEDULE
Provide an estimated schedule for the procurement process. Establish a submittal deadline for responses to the RFP/RFQ that provides sufficient time for interested consultants to receive notice, prepare, and submit a proposal. Except in unusual circumstances, this deadline shall not be fewer than 14 calendar days from the date of issuance of the RFP/RFQ. A contract procurement schedule must be completed before advertising the contract and included it in the solicitation document, identifying key dates for consultant selection activities.
3. TYPE OF CONTRACT
Specify the anticipated type of contract listed in the solicitation document. Three contract types are typical for A&E consultant services for Federal aid highway projects. Contract type refers to the method in which the contract is structured to cover the work.
a. Project-specific contract: A contract between the contracting agency and consultant for the performance of services and a defined scope of work related to a specific project or projects b. Multi-purpose or Multi-phased contract: A project-specific contract where the defined scope of work is divided into phases that may be negotiated and executed individually as the project progresses.
c. On-call contract: A number of projects, under which task or work orders are issued on an asneeded basis, for an established contract period. An "on-call" typically used when a specialized service of indefinite delivery or indefinite quantity is needed for a number of different projects, such as construction engineering, design, environmental analysis, traffic studies, geotechnical studies, field surveying, etc. Further requirements for on-call contracts:
I. Specify a reasonable maximum length of contract period, including the number and period of any allowable contract extensions, which shall not exceed five years;
2. Specify a maximum total contract dollar amount that may be awarded under a contract;
3. Include a statement of work, requirements, specifications, or other description to define the general scope, complexity, and professional nature of the services; and
4. Indicate if multiple consultants are to be selected and multiple on-call or indefinite delivery/indefinite quantity (IDIQ) contracts will be awarded through a single solicitation for specific services, and if so, how task orders will be issued.
January 2018
City Council/RSA Agenda 189 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
4. METHOD OF PAYMENT
The anticipated method of payment must be specified in the original solicitation, the executed contract and any subsequent modification thereto. Methods of payment are based on the scope of services to be performed:
a. Actual Cost-Plus-Fixed Fee: is appropriate when the extent, scope, complexity, character, or duration of work cannot be precisely predicted. Fixed fees apply to the total direct and indirect costs.
b. Cost Per Unit of Work: is appropriate when the cost per unit of work can be determined with reasonable accuracy in advance and the extent or quantity of the work is indefinite c. Specific Rates of Compensation: should only be used when estimating the extent or the duration of work is not possible at the time of procurement, or estimating costs with any reasonable degree of accuracy.
d. Lump Sum: is appropriate only if the extent, scope, complexity, character, duration, and risk of the work have been sufficiently defined to permit fair compensation to be determined and evaluated by all parties during negotiations.
When the method of payment is other than lump sum, the contract shall specify a maximum amount payable which shall not be exceeded unless adjusted by a contract modification.
5. EVALUATION CRITERIA AND WEIGHTS (EXHIBIT 10-B)
The criteria and relative weights must be included in the RFP/RFQ, and the same criteria and relative weights must be used on the evaluation sheets. See Exhibit 10-B for example criteria. The evaluation criteria MUST have weights in order to properly evaluate the submittals. The criteria MUST be the same as what was listed in the solicitation document. Any changes not made through an addendum render the contract invalid. The combined total of non-technical criteria cannot exceed 10% of the evaluation criteria. Consultants should be initially ranked based on raw data and the final ranking based on the sum of the initial ranking. Please see example iii. Module 3: Evaluation and Selection of Consultant located at:
• http://vvww.dot.ca.gov/hq/LocalPrograms/AE/2016/M3-slides.pdfor • http://www.dot.ca.gov/hq/LocalPrograms/AE/2016/M3-2016-08-31.mp4
6. PROCUREMENT TYPE (RFP vs RFQ)
a. One step RFQ: For services (materials testing, construction inspection, etc.). b. One step RFP: For project specific work (bridge painting, roadway design, etc.). c. The Two-Step RFQ/RFP method may be used when the scope of work is complex or unusual.
This method also may be preferred by local agencies that are inexperienced about negotiations and procedures for establishing compensation. However, the Two-Step RFQ/RFP method is recommended for procurement of multiple on-call contracts, or pre-qualified list, through a single solicitation. This method requires substantially more work and time than the other two methods described above.
d. Length of contract: all contracts must have a duration specified. On-call contracts should not exceed five years (three year contract with options to twice extend an additional year). The type and length of the contract should be listed in the solicitation.
7. DBE UTILIZATION GOAL SETTING (FEDERAL FUNDED ONLY)
DBE goals are required for all Federal-aid contracts including on-call contracts.
January 2018
City Council/RSA Agenda 190 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
a. Exhibit 9-D (DBE Contract Goal Methodology) must be submitted to Caltrans. An agency must have documentation as to how the goal was calculated. Use your independent cost estimate and follow the DBE procedures located at:
http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/chapter9/9d.pdf b. Exhibit 10-I (NOTICE TO PROPOSERS DBE INFORMATION) must be included in the solicitation.
c. Proposals without information regarding, or not meeting, the required DBE utilization goal or without a Good Faith Effort documentation are considered nonresponsive and shall be rejected. d. Zero (no subcontracting opportunities) DBE goals must be verified by the DLAE prior to contract execution. No goal means DBE was not considered in solicitation. e. Exhibit 15-H (DBE Information - Good Faith Efforts) must be approved by LPA.
8. RECORDS OF PUBLICATION FOR RFP OR RFQ
a. List the platform that was used to advertise the RFP/RFQ: A public forum must be used that gives both in-state and out-of-state consultants a fair opportunity to be considered for award.
Acceptable advertisements include, although not limited to: public clearinghouse, Planetbids, Public Purchase, and local agency's website.
b. Advertising must be at least 14 calendar days. Caltrans suggests 21 days minimum.
9. RECORDS OF RESPONSE TO SOLICITATION
a. A minimum of three proposals must be received and evaluated. If only two proposals are received, a justification must be documented to proceed with the procurement; if only one proposal is received, a signed Public Interest Finding (PIF) approved by the DLAE is required. In either case, the re-advertisement of the RFP should be considered as an option. b. The Contract Administrator must evaluate each SOQ/SOP and verify each proposal contains all of the forms and other information required by the solicitation. c. All proposals received should be documented (e.g. log sheet, copies of time-stamped envelopes, etc.), and copies must be kept in agency's files.
C. EVALUATION AND SELECTION
1. DOCUMENTATION OF CONSULTANT SELECTION
a. Documentation of when each proposal was received must be maintained in the project files.
Copies of date stamped envelope covers or box tops are recommended. All supporting documentation must be retained in the project files for the required retention period in the event an audit or review is performed.
b. Evaluation criteria must be the same as in solicitation from which a qualifications based selection was conducted.
c. Original score sheets complete with signatures must be in the file. Spreadsheets alone are not an acceptable method of showing evaluation. Score sheets must be signed and dated by all evaluators.
d. Exhibits 10-01 must be included in the technical proposal or the statement of qualification package provided to the local agency by each (prime consultant) proposer and required to be submitted to the DLAE for federal reimbursement (Federal funded projects only). For calculating goals, refer to:
http://www.dot.ca.gov/hq/LocalPrograms/AE/2016/M2-slides.pdf or http://www.dot.ca.gov/hq/LocalPrograms/AE/2016/M2-2016-09-02.mp4Module 2.
January 2018
City Council/RSA Agenda 191 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
For contracts with no DBE contract goal, Exhibit 10-01 is not necessary. e. Exhibit 10-U must be completed by all consultants in management support role positions and submitted to FHWA for approval through Caltrans HQ prior to contract execution.
2. DEVELOP TOP RANKED CONSULTANTS AND NOTIFY ALL INTERVIEWEES a. Three or more highest ranked consultants (short listed) will be interviewed and a final ranking of the highest ranked consultants must be developed. All consultants that submitted technical proposals must be informed about the final ranking of consultants. Notes should be kept to explain why a particular consultant was not selected if requested. b. Interviews are to be structured and conducted in a formal manner. Each consultant to be interviewed is sent an invitation to the interview, with an agenda and timeline. A copy of the draft proposed contract, defining the standard contract language/boilerplate is also provided.
Reference checks shall be completed and other information gathered before the interviews are conducted. All oral interviews must be evaluated including signatures and dates.
3. COST PROPOSAL
a. All cost proposals need to be in the same format as Exhibit 10-H or equivalent and contain all of the cost components including direct, indirect, other direct, and fee.
See http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/chapter10/10h.pdffor sample form for each method of payment.
b. The method of payment must be specified in cost proposal. Four methods are permitted depending on the scope of services to be performed: Actual Cost-Plus-Fixed Fee; Cost Per Unit of Work; Specific Rates of Compensation; Lump Sum.
c. Cost proposal must identify classifications to be billed. Labor costs must be broken down to direct and indirect.
cI. ICR must be the most currently ended fiscal year (within 18 months of ICR submittal). Please refer to A&I guidance on ICR annual fiscal year determinations. e. All key personnel must be identified in cost proposal. f. Cost proposal must include other direct costs and supporting calculations (EXHIBIT 10-H) g. The determination of the amount of the fixed fee shall take into account the size, complexity, duration, and degree of risk involved in the work. The fixed fee is not adjustable during the life of the contract. Fixed fees in excess of 15% of the total direct labor and indirect costs of the contract may be justified only when exceptional circumstances exist (23 CFR 172.11.b (3) (iii)).
4. AUDIT AND REVIEW DOCUMENTS
For contracts equal to or greater than $150,000, an annual Exhibit 10-K, Consultant Annual Certification of Indirect Cost and Financial Management System of all A&E firms on the contract must be submitted to A&I for review (All prime and sub-consultants) for both federal and state funded contracts. The firm will be listed on A&I's website, if the firm's annual indirect cost rate has been accepted by A&I and shown with the identification number and the applicable fiscal year. a. Proposed indirect cost rate on all contract proposals are subject to review by A&I prior to execution.
b. The review may result in acceptance, adjustment, or denial of proposed ICR. The final cost proposal must be revised if applicable to reflect the adjusted or denied ICR. c. Any findings by A&I need to be resolved prior to contract execution or the contract could be considered ineligible for state and/or federal funding.
January 2018
City Council/RSA Agenda 192 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
5. RECORD OF COST/PROFIT NEGOTIATIONS
a. Selected/best-qualified consultant's cost elements must be analyzed including necessity for and reasonableness (verification of cost or price information not comparing cost or price data). b. At the completion of successful cost negotiations, all remaining concealed "unopened" cost proposals shall be returned to consultants or dispose of in accordance with written policies and procedures approved by FHWA (23 CFR 172.5(c)).
c. Cost analysis, i.e., verifying the cost in the cost proposal from the top-ranked consultant and evaluating the specific elements such as direct salary or wage rates, fixed fee, other direct costs, indirect costs and profits (23 CFR Part 172.11(b)). Cost Analysis is the analysis of the separate cost elements of a service to verify proposed costs are reasonable for the work to be performed and in compliant with Federal cost principles. Cost Analysis is used to verify direct cost in consultant's cost proposal to actual costs of labor, products and services and to determine if the costs are reasonable. Price Analysis (comparisons with previous prices) may be included, provided a cost analysis was performed on the previous prices, reasonableness was determined and the previous contracted work is substantially the same.
d. In accordance with federal guidelines, project record of negotiations of cost/profit shall be kept for at least three (3) years after payment of the final federal or state voucher.
6. MANDATORY FEDERAL FISCAL PROVISIONS (FEDERAL-FUNDED ONLY) a. The 14 articles list in Exhibit 10-R as mandatory and verbatim must be in the contract. b. List provisions that are not verbatim.
c. Exhibits 10-02 must be completed at the conclusion of cost negotiations, incorporated into the final agreement and a copy sent to the DLAE. Refer to:
https://player.vimeo.com/video/127551624or
http://www.dot.ca.gov/hq/LocalPrograms/AE/2016/M2-2016-09-02.mp4 Module 2 for calculating goals.
7. SOLE-SOURCE CONTRACT
Sole-source also known as noncompetitive is defined as the method of procurement of engineering and design related services when it is not feasible to award the contract using competitive negotiation. Sole-source contracts should be used only in very limited circumstances. Document the justification for sole-source in detail. For sole-source contracts, the DLAE must approve and sign the Public Interest Finding (PIF) EXHIBIT 12-F. If the PIF is not approved, the contract is considered invalid and not federally reimbursable. All solesource PIF' s must have an independent cost estimate attached.
8. EVALUATION FACTOR
For A&E contracts, price cannot be used as an evaluation factor (unless using the small purchase procedure).
Price should not be considered until negotiations. Only the consultant chosen for negotiations should have their cost proposal opened (all other proposals should be returned to sender unopened or disposed of according to agency policy after contract execution).
9. POLICY AND PROCEDURES
a. Date adopted Caltrans procedures - Consultant Procurement Manual (CPM) or LAPM Ch. 10.
According to federal regulations, an agency must have an approved procedure or adopt Caltrans. b. If not Caltrans procedures, has local agency's procedure been approved by Caltrans? Local agency can use their own procedures but these must be approved by Caltrans to be considered valid. All agencies must follow LAPM Ch. 10 for consultant contracts in addition to any policies and
January 2018
City Council/RSA Agenda 193 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
procedures they have in place.
10. METHOD OF PAYMENT IN CONTRACT
The method of payment listed in the executed contract should be the same as the solicitation and cost proposal.
11. CONTRACT AWARDED SHOULD MATCH SOLICITATION
The type of contract (Specific, Multi-phased, or On-call) listed in the executed contract must be the same as the solicitation and cost proposal.
D. FOR CONSULTANT CONTRACT AMENDMENT ONLY
1. AMENDMENT NUMBER
Every contract amendment must have an amendment number and that amendment number must be specified in the EXHIBIT 10-C.
2. SPECIFY MAXIMUM LENGTH OF CONTRACT AMENDMENT
Specify a reasonable maximum length of consultant contract amendment period by indicating start date of the amendment and end date of the total new-contract period. For on-call contract, the maximum length of consultant contract amendment period shall not exceed five years in total.
All contract amendments must be fully executed before the ending date of the contract. Failure to amend a contract prior to the ending date will make the subsequent costs ineligible for federal and state reimbursement.
3. TYPE OF ORIGINAL CONTRACT
Specify the original type of contract awarded in a contract amendment. Three contract types which are typical for A&E consultant services for Federal aid highway projects are project-specific, multi-phased, and on-call.
A contract type specified in the contract amendment shall match with the original contract.
4. WAS SMALL PURCHASE USED FOR ORIGINAL PROCUREMENT?
The full amount of any contract modification or amendment that would cause the total contract amount to exceed the federal simplified acquisition threshold (currently established at $150,000) would be ineligible for federal funding. Also, FHWA reserves the right to withdraw all federal-aid funding from a contract if it is modified or amended above the applicable established simplified acquisition threshold. All small purchase contracts shall have a start and end date.
5. WHAT IS A&PS ICR DECISION?
For amended contracts equal to or greater than $150,000, an annual Exhibit 10-K, Consultant Annual Certification of Indirect Cost and Financial Management System of all A&E firms on the contract must be submitted to A&I for review (All prime and sub-consultants) for both federal and state funded contracts. Proposed indirect cost rate on all contract proposals are subject to review by A&I prior to contract execution. The review may result in acceptance, adjustment, or denial of proposed ICR. The final cost proposal must be revised if applicable to reflect the adjusted or denied ICR.
January 2018
City Council/RSA Agenda 194 Tuesday, July 9, 2024
Local Assistance Procedures Manual EXHIBIT 10-C
Consultant Contract Reviewers Checklist
6. TOTAL AMENDED CONTRACT AMOUNT
Specify a maximum total amount of amended contract that may be awarded under the total contract. A&E Consultant Audit and Review Process of LAPM Chapter 10 shall apply to the entire contract and must be completed prior to execution of the contract amendment.
The full amount of any contract modification or amendment that would cause the total contract amount to exceed the federal simplified acquisition threshold (currently established at $150,000) would be ineligible for federal funding.
7. DESCRIPTION OF NEED FOR AMENDMENT
Describe need for amendment of the existing project schedule and objectives: How was the need for an amendment justified? How has the original project been handled and why is it required to be modified? (e.g.:
Extra time, added work, or increased costs). Only work within the original advertised scope of services shall be added by amendment to the contract. The addition of work outside the original advertised scope will make that work ineligible for federal or state reimbursement.
8. HAS THE SCOPE OF WORK CHANGED?
Scope of work and preparation of amendments must be clearly stated in EXHIBIT 10-C and the amendment contract to ensure that any changes to the scope are within the constraints of the original RFP/RFQ.
Only work included within the original advertised scope of services and evaluation criteria of the solicitation from which a consultant was selected based on qualifications to perform may be incorporated into a contract. Necessary or desired services which are outside of the advertised scope from which the qualifications based selection was conducted should be procured under a new advertisement, accomplished with in-house contracting agency staff, or performed under an existing on-call contract which allows for the desired services, necessary qualifications, costs, and schedule.
9. DOES THE REVISED SCOPE OF WORK INCLUDE A CONSULTANT IN MANAGEMENT SUPPORT ROLE?
Indicate if the contract amendment includes a consultant in a management role. Local agency shall fill out EXHIBIT 10-U if they need for a consultant(s) in management support role.
10. WAS EXHIBIT 10-U SUBMITTED IF THERE IS A CONSULTANT IN MANAGEMENT SUPPORT ROLE?
A completed Exhibit 10-U shall be submitted to FHWA for approval prior to execution of the contract amendment for which federal funds are being sought. Local agencies must submit an approved Exhibit 10- U prior to seeking federal reimbursement.
January 2018
City Council/RSA Agenda 195 Tuesday, July 9, 2024
City Council/RSA Agenda 196 Tuesday, July 9, 2024
Date: May 22, 2024
W.I.: 1621
Referred by: Regional Network Management (RNM)
ABSTRACT
Resolution No. 4647
This resolution adopts the Bus Accelerated Infrastructure Delivery (BusAID) Program, which is a Blue Ribbon Transit Transformation Action Plan initiative to reduce transit travel times and improve transit reliability, with a focus on near-term improvements.
The resolution contains the following attachments:
Attachment A – BusAID Program Guidelines
Attachment B – BusAID Project Funding Recommendations
Further discussion of the project selection criteria and programming policy is contained in memorandums to the Programming and Allocations Committee dated May 8, 2024 and the Regional Network Management Committee dated May 10, 2024.
City Council/RSA Agenda 197 Tuesday, July 9, 2024
Date: May 22, 2024
W.I.: 1621
Referred by: RNM
RE: Adoption of the Bus Accelerated Infrastructure Delivery (BusAID) Program
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION NO. 4647
WHEREAS, the Metropolitan Transportation Commission (MTC) is the Regional Transportation Planning Agency (RTPA) for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, MTC is the designated Metropolitan Planning Organization (MPO) for the nine-county San Francisco Bay Area region; and
WHEREAS, MTC, as the RTPA/MPO for the San Francisco Bay Area, is assigned programming and project selection responsibilities for certain state and federal funds; and WHEREAS, MTC convened the Blue Ribbon Transit Recovery Task Force (Task Force) to respond to the COVID-19 pandemic; and
WHEREAS, the Task Force developed and endorsed the Transit Transformation Action Plan (Action Plan) in July 2021 and the Action Plan was received and accepted by MTC in September 2021; and
WHEREAS, the Action Plan identifies near-term actions needed to achieve a more connected, efficient, and user-focused mobility network across the Bay Area and beyond; and WHEREAS, the American Rescue Plan Act of 2021 (ARP) (H.R. 1319) was signed into law in response to the nationwide Coronavirus pandemic and provides supplemental appropriations for Emergency Transit Operations Assistance through the Federal Transit Administration (FTA) Section 5307 Urbanized Area and Section 5311 Rural Area formula programs; and
City Council/RSA Agenda 198 Tuesday, July 9, 2024
MTC Resolution 4647
WHEREAS, MTC approved an ARP funding distribution policy in MTC Resolution No. 4481, which identified that a minimum of $85 million in ARP funds “should support the implementation of certain recommendations from the Blue Ribbon Transit Recovery Task Force”; and
WHEREAS, to best position Bay Area transit agencies to compete for additional FTA discretionary financial assistance, MTC distributed the reserved $85 million in ARP funds to operators and in return transit operators agreed to collectively provide an equivalent amount in alternate near-term revenue sources to implement the Action Plan and recommendations from the Task Force; and
WHEREAS, MTC staff, in discussion with transit operators have identified the contribution amounts by operator or county and likely fund sources in MTC Resolution No. 4519, the Blue Ribbon Transit Transformation Action Plan Funding Framework and the Blue Ribbon Program of Projects, and MTC staff worked with transit operators to secure these funds; and
WHEREAS, the Bus Accelerated Infrastructure Delivery (BusAID) Program was developed as a Blue Ribbon Transit Transformation Action Plan initiative to reduce transit travel times and improve transit reliability and focus on near-term improvements; and WHEREAS, MTC staff has developed guidelines to be used in the selection of projects to be funded with various funding including local and federal funds as set forth in Attachment A, BusAID Program Guidelines, of this Resolution and recommends the projects as set forth in Attachment B, BusAID Project Funding Recommendations, of this Resolution, incorporated herein as though set forth at length; and
WHEREAS, programming and allocations of funds related to each project identified in Attachment B, BusAID Project Funding Recommendations will be further subject to the program policies for each fund source, respectively; now therefore be it RESOLVED, that MTC approves BusAID Program Guidelines as set forth in Attachment A and the BusAID Project Funding Recommendations as set forth in Attachment B of this Resolution; and be it further
City Council/RSA Agenda 199 Tuesday, July 9, 2024
MTC Resolution 4647
RESOLVED, that the Executive Director or designee may make technical adjustments and other non-substantial revisions to Attachment A: BusAID Program Guidelines and Attachment B: BusAID Project Funding Recommendations, and be it further RESOLVED, that the Executive Director [or designee] is authorized to make programming changes to Attachment B of up to $1,000,000 for each project, in consultation with the affected sponsor, and be it further
RESOLVED, that the Executive Director [or designee] is authorized to update the project sponsor or fund sources identified in Attachment B, in consultation with the affected sponsor, to reflect programming and allocations actions taken by the Commission.
METROPOLITAN TRANSPORTATION COMMISSION
Alfredo Pedroza, Chair
The above resolution was entered into by the
Metropolitan Transportation Commission at a
duly called and noticed meeting held in
San Francisco, California and at other remote
locations on May 22, 2024.
City Council/RSA Agenda 200 Tuesday, July 9, 2024
Date: May 22, 2024
W.I.: 1621
Referred by: RNM
Attachment A
Resolution No. 4647
Bus Accelerated Infrastructure Delivery (BusAID)
Program Guidelines
Program Overview & Purpose
In September 2021, the Commission adopted the Transit Transformation Action Plan (TAP), which identified near-term actions to improve the region’s transit system. The BusAID program is a TAP initiative to reduce transit travel times and improve transit reliability for the most people as quickly as possible while centering on populations that depend on transit the most.
BusAID emphasizes near-term, quick-build solutions to address problem “hotspot” locations.
Eligible Applicants & Projects
BusAID focuses on transit priority projects that address hotspot locations with transit travel time or reliability issues, identified by transit operators or right-of-way agencies (i.e., cities, counties, Caltrans). Projects may include elements that address the specific types of delay that a transit vehicle experiences at a hotspot, such as:
• Transit Lanes or Queue Jump Lanes: for transit vehicles and high-occupancy vehicles (HOVs) to bypass traffic queues during times with traffic congestion. • Transit Signal Priority (TSP): modified traffic signal timing so transit vehicles encounter a green light or reduced wait times at intersections with traffic signals. • Transit Stop Placement & Spacing: locations for transit stops that minimize delay and optimize stop frequency (to balance convenient stop access with efficient operations). • Transit Stop Design: constructing boarding islands or bus bulbs to eliminate the delays caused by buses pulling in and out of traffic while accessing transit stops.
If a project is selected for BusAID funding, the project may be sponsored and/or implemented by either a Bay Area transit operator and/or a right-of-way agency.
City Council/RSA Agenda 201 Tuesday, July 9, 2024
Attachment A
Resolution No. 4647
Evaluation Process
The BusAID program is focused on addressing hotspot locations with transit travel time or reliability issues that have been identified by transit operators and right-of-way agencies. In 2023, MTC conducted a solicitation for projects and developed an inventory of projects to be considered for BusAID funding recommendations, informed by a two-stage screening process (Table 1).
Stage 1: Hotspot Project Analysis & Scoring
In Stage 1, hotspot projects are analyzed and scored based on criteria related to transit service characteristics, equity considerations, and Plan Bay Area 2050 Priority Development Areas.
Criteria are focused on characteristics of the transit routes that pass through the hotspot location, as opposed to the hotspot location itself. For example, the equity criterion evaluates the demographics of riders on routes passing though the hotspot and whether routes passing through the hotspot provide service to Equity Priority Communities.
The hotspot score threshold to advance to the second stage was set differently for higherridership and lower-ridership operators to advance projects from operators of different sizes throughout the Bay Area. The operator ridership threshold was 500,000 riders per month.
Higher-ridership operators are those with more than 500,000 riders per month, and lowerridership operators are those with fewer than 500,000 riders per month.
Stage 2: Feasibility/Readiness Assessment
Stage 2 is a feasibility/readiness assessment and scored by an evaluation panel comprised of MTC staff and external agency staff. This assessment evaluates whether a high-scoring hotspot project is appropriate for BusAID funding, given the program’s emphasis on near-term implementation within 18 to 24 months of funding awards (this implementation target window does not include the post-implementation evaluation phase).
If the feasibility/readiness assessment process determines that a project is appropriate for BusAID funding, funding recommendations are presented through the MTC Regional Network Management bodies for program approval and the MTC Programming & Allocations Committee for funding source approvals as appropriate.
City Council/RSA Agenda 202 Tuesday, July 9, 2024
Attachment A
Resolution No. 4647
Table 1: BusAID Two-Stage Project Screening Process
Stage 1:
Analysis &
Scoring
Initial analysis and review based on the following criteria:
• Transit Service (60%)
o Total ridership through project location
▪ Weekday and weekend average loads at hotspot location. ▪ Weekday and weekend number of trips at hotspot location. o Potential delay reduction from project
▪ Estimated delay reduction based on proposed transit priority treatment types and quantities (TCRP values).
▪ Total potential reduction in average person-delay calculated by multiplying ridership and delay reduction figures.
• Equity (30%)
o Rider demographics data (race, income, English proficiency, zerovehicle households, age, people with disabilities, single parent families, rent-burdened households) for census tracts served by routes passing through hotspot location.
o Presence of Equity Priority Community (EPC) census tracts served by routes passing through hotspot location, as a proportion of all census tracts served by routes passing through hotspot location. • Priority Development Areas (10%)
o Number of routes passing through hotspot location that serve one or more Plan Bay Area 2050 Priority Development Areas, as a proportion of all routes passing through hotspot location.
City Council/RSA Agenda 203 Tuesday, July 9, 2024
Attachment A
Resolution No. 4647
Stage 2:
Feasibility/
Readiness
Assessment
Assessment of the projects based on the following criteria:
• project cost
• current project phase
• quick-build potential
• schedule risk
• project scalability
• agency support and coordination
• project sponsor and delivery agency
• types of assistance needed
Funding Availability & Targets
As of spring 2024, $30 million dollars has been set aside for the program. This includes $15 million in federal Congestion Mitigation and Air Quality Improvement (CMAQ) and Surface Transportation Block Grant Program (STP) funds, which were set aside by the Commission for arterial transit priority in June 2022 through the One Bay Area Grant (OBAG 3) program (MTC Resolution No. 4505), and $15 million in local State Transit Assistance (STA) Revenue-Based Exchange funds, which were programmed through MTC Resolution No. 4519 (adopts the Blue Ribbon Transit Transformation Action Plan Funding Framework and the Blue Ribbon Program of Projects) in May 2024.
Approvals of BusAID Round 1 funding recommendations are anticipated in May 2024. Not all BusAID funding is expected to be expended in Round 1; remaining funds will be expended in future funding rounds to be conducted using the same two-stage project screening process outlined previously. Projects identified and prioritized through the BusAID program may be funded through other funding programs such as Cap and Trade Low Carbon Transit Operations Program (LCTOP) funds.
City Council/RSA Agenda 204 Tuesday, July 9, 2024
Attachment A
Resolution No. 4647
The BusAID program aims to fund near-term projects, and has the following targets/goals, though actual awards are subject to change, depending on hotspot submissions and the results of the two-stage screening process:
• Near-term Implementation: Focus on projects in the implementation/construction phase which can be completed within 18-24 months (i.e., quick-build projects), with any remaining funds allocated to projects at the implementation/construction phase which cannot be completed within 18-24 months (i.e., non-quick-build projects) and/or projects at earlier phases of delivery. This ensures a majority of project funding is dedicated to quick-build projects that provide rider benefits sooner. • Operator & Sponsor Diversity: A minimum of 10% of awarded funds allocated to projects at locations primarily served by lower-ridership operators, with the remaining funds allocated to projects at locations primarily served by high-ridership operators.
Funding awards to any given project and/or sponsor are capped at a maximum of $5 million and/or two projects.
• Regional Diversity: Aim to award funds to projects throughout the Bay Area to distribute fund benefits to transit riders throughout the region.
Projects that do not receive funding immediately may be placed on an eligibility list, in case one or more approved projects cannot be pursued within the established timeframe or has funding source eligibility issues.
BusAID Requirements
If awarded funding, a project sponsor must comply with the BusAID project requirements and approval processes, as follows.
• Provide 11.47% minimum local funding match.
• Establish a project single point of contact.
City Council/RSA Agenda 205 Tuesday, July 9, 2024
Attachment A
Resolution No. 4647
• Secure a Board-approved Resolution of Local Support (e.g. transit agency board, city council, etc.) consistent with the guidelines of the funding source. o Include project scope of work, schedule, and budget – developed in coordination with MTC – as attachments.
o Include a task in the scope of work to prepare a Project Evaluation Plan, which will include reporting metrics and required data collection to measure project effectiveness. Prepare Before/After Evaluation Report within 6 to 12 months of project completion.
• Attend a project kick-off meeting.
• Prepare, at a minimum, quarterly progress reports and/or check-in meetings. A higher reporting/meeting frequency may be required.
• Comply with all applicable federal, state, or regional requirements of the funding source, noting that the requirements and processes differ based on the funding source awarded. o For example, projects awarded OBAG 3 STP/CMAQ funds are subject to being added to the Transportation Improvement Program (TIP), obtaining a Caltrans E76, meeting requirements listed in MTC Resolution No. 4505, and providing a Complete Streets Checklist (if applicable). Further, projects eligible for CMAQ funds must provide air quality improvements calculation inputs. o Projects awarded BusAID Round 1 grants are scheduled to be added into the TIP via an Administrative Modification in May 2024. The project must be able to obligate funds promptly thereafter.
• Adhere to project delivery milestones, invoice deadlines, funding expiration deadlines, or other requirements of the funding received. Funding expiration dates are set by MTC.
Should priorities or conditions change, or if a project is not ready to advance, funds may be reassigned to another project.
City Council/RSA Agenda 206 Tuesday, July 9, 2024
Attachment B
Resolution No. 4647
Note: Each project sponsor was capped at a maximum of two projects and/or $5 million total. All projects include funding through full or partial construction, except for El Camino Real (planning/design funding only). Construction projects receiving partial funding are scalable. Total project budget may not match due to rounding. 1Project identified by County Connection and being implemented by either the City of Concord or County Connection. 2 Project identified by VTA and being implemented by either the City of San Jose or VTA.
BusAID Round 1 Project Funding Recommendations (May 2024) Project
Sponsor County Project Title Project Elements
Total
Project
Budget
BusAID Funding
Amount & Source
Local (STA Exchange) or
Federal (OBAG
STP/CMAQ)
Project Sponsor
Contribution
(11.47% match)
AC Transit Alameda Park Street Transit Signal Priority & Signal Optimization (Alameda) Transit signal priority $1.2M $1.1M Local $0.1M AC Transit Alameda International Boulevard Transit Lane Delineation (Oakland)
Bus lane delineation, bus
lane red paint $4.4M $3.9M Federal $0.5M
City of
Concord1
Contra
Costa
Monument Corridor Transit Speed
Improvements (Concord)
Transit signal priority, stop
relocation/spacing $0.4M $0.4M Local $0.1M
SamTrans San
Mateo
El Camino Real Bus Boarding Islands
& Bus Stop Balancing (Redwood
City)
Bus boarding islands $1.6M $1.4M Federal $0.2M
SFMTA
(City of San
Francisco)
San
Francisco
K-Ingleside Rapid Project Ocean
Avenue Quick Build (San Francisco)
Transit lanes, boarding
islands, signal adjustments,
turn restrictions
$5.6M
$5.0M
Local ($2.8M)
Federal ($2.2M)
$0.6M
Union City
Transit (City of
Union City)
Alameda Alvarado-Niles Road Part-Time
Transit Lane Pilot (Union City) Part-time bus lane pilot $1.7M $1.5M Local $0.2M City of San
Jose2
Santa
Clara
Vision Zero East San Jose Safety
Corridor Project for Senter Road (San
Jose)
Bus boarding islands $4.5M $4.0M Federal $0.5M
City of San
Jose2
Santa
Clara
Cloud-Based Transit Signal Priority at
174 Intersections along VTA’s
Frequent Network (San Jose)
Cloud-based (next
generation) transit signal
priority
$1.1M $1.0M Local $0.1M
TOTAL $20.5M
$18.3M
Local ($6.8M)
Federal ($11.5M)
$2.3M
City Council/RSA Agenda 207 Tuesday, July 9, 2024
Bus Accelerated Infrastructure Delivery (BusAID)
Project Evaluation Guidelines
Per the BusAID Program Guidelines, all projects must complete pre- and post-implementation evaluations to determine project effectiveness. These Project Evaluation Guidelines provide guidance on appropriate project performance measures for different types of transit priority projects. The intent is to provide standardization in evaluation across BusAID projects while providing flexibility in evaluation methodology given different project contexts.
Evaluation Requirements
The project scope of work must include a task to prepare a Project Evaluation Plan, which includes reporting metrics and required data collection to measure project effectiveness before and after implementation. Pre-implementation data must be collected within 6 months of the start of implementation, and post-implementation data must be collected within 6 to 12 months after project completion.
Performance Measures
Below is a list of acceptable project performance measures1. One or more performance measures can be used to evaluate the effectiveness of each BusAID transit priority project. Note that some performance measures are more appropriate for certain transit priority project types.
Your agency is free to propose using alternate performance measures; however, these must be reviewed and approved by MTC staff.
• Transit vehicle average travel speed (mph)
• Transit vehicle average travel speed, relative to auto average travel speed (%) • Transit vehicle travel speed variance (mph)
• Transit vehicle average delay (sec)
• Frequency of delay incidents (#)
• Transit vehicle travel time (sec)
• Transit vehicle travel time variance (sec)
• On-time performance or schedule adherence (%)
• TSP calls granted (#)
• Portion of TSP calls granted (%)
• Portion of buses stopped at a red light (%)
• Average time to serve stop, including re-entering traffic (sec) • Variance in time to serve stop, including re-entering traffic (sec) • Transit-involved collisions (#)
1 Performance measures may be limited to the project area or measured route-wide, as appropriate.
City Council/RSA Agenda 208 Tuesday, July 9, 2024
SUPPLEMENT NO. 4 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF UNION CITY
For ALVARADO-NILES ROAD PART-TIME TRANSIT LANE PILOT
This Supplement No. 4 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this Date, by and between the Metropolitan Transportation Commission (“MTC”) and City of Union City (“AGENCY”) and supplements the Master Funding Agreement, dated July 1, 2018, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide an amount not to exceed one million five hundred seven thousand six hundred eighty-eight dollars ($1,507,688) in non-federal State Transit Assistance (STA) Revenue-Based Exchange funds to AGENCY to fund the Alvarado-Niles Road PartTime Transit Lane Pilot (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.
The Supplement Project work will commence on July 1, 2024 and be completed no later than June 30, 2026.
The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☐ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☒ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☒ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
☐ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
Funding for Alvarado-Niles Road Part-Time Transit Lane Pilot is pursuant to BusAID program requirements listed in the BusAID Program Guidelines (MTC Resolution 4647 Attachment A).
The MTC Project Manager for the Supplement Project is Joel Shaffer, 415-778-5257, [email protected]. The AGENCY Project Manager for the Supplement Project is Steve Adams, 510-675-5446, [email protected].
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.
City Council/RSA Agenda 209 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF UION CITY
Andrew B. Fremier, Executive Director Joan Malloy, City Manager City Council/RSA Agenda 210 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
Annex I
Project Description and Scope of Work
Project Description
The project will implement a peak period bus-only lane along both directions of Alvarado Niles Road from Decoto Road to 500 feet west of Almaden Boulevard. The project will entail repurposing the existing parking lane and bike lane into a part-time bus lane. Bicyclists may use the lane during peak periods but will be encouraged to use parallel bike routes along Arizona Street.
The capital project consists of bus lane striping and new signage to alert motorists of the time restrictions when on-street parking is prohibited. At intersections, additional signage will be installed to clarify that the curb lane is to be used for right turns and through buses during peak periods.
Elements not included in the capital project are as follows:
No curb modifications are proposed as part of this project. No signal modifications are proposed as part of this project beyond signal retiming, as transit signal priority is already present along the corridor.
No bus stop modifications are included in this project. As part of a separate bus shelter project, some bus stops will be moved from near side to far side.
Scope of Work
Task 1: Project Management
Union City will provide project management oversight, including contract administration and reporting, invoicing, and management of the project budget and schedule.
Task 2: Planning and Conceptual Design
Union City and its consultant will develop a design concept for the project. As part of this task, the Consultant will assemble roadway as built records and data related to bus operations, on-street parking, bicycle circulation, and traffic operations.
To support the development of the design concept, Union City and its consultant will conduct community engagement with residents, schools, and businesses affected by the project. Additional stakeholder coordination will include regular meetings between Union City Public Works, Union City Transit, and AC Transit.
Task 3: Environmental Documentation
Union City and its consultant will prepare environmental documentation to support project approval.
Based on the scale of the project, a CEQA Categorical Exemption is anticipated; a NEPA Categorical Exclusion will also be pursued to allow for federal funds to be used. The Consultant will coordinate with the Caltrans District 4 Office of Local Assistance to define required components.
Task 4: Preliminary Engineering
City Council/RSA Agenda 211 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
Union City and its consultant will prepare 35% plan sets for the project, consisting primarily of signage and striping changes. As part of preliminary engineering, Union City and its consultant will complete a right of way survey and supplemental data collection to support final design.
Task 5: Final Design
Union City and its consultant will prepare 65%, 95% and 100% plans, specifications and estimates (PS&E) for the project. Following completion of the 100% PS&E, Union City will solicit construction bids for the project.
Task 6: Construction Management
Union City and its consultant will provide construction management and oversight services during construction. Public outreach and notification will continue during this phase to inform residents, schools, and businesses of the construction schedule.
Task 7: Project Evaluation
Union City and its consultant will complete a before/after evaluation of the project to measure its effectiveness. The evaluation will include the following components:
Evaluation plan, including measures of effectiveness and data sources. The measures of effectiveness will reflect the goals of the BusAID program and community input received during the planning and conceptual design phase.
Existing “before” data collection and analysis
Post-project “after” data collection and analysis
Evaluation summary and recommendations
City Council/RSA Agenda 212 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
Annex II
Project Schedule, Budget and Payment
FIRM-FIXED PAYMENT
Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Attachment A:
# Deliverable Due Date: Amount Due
1 Planning/Conceptual December 31, 2024 $66,938
2 Environmental Document (ENV) January 31, 2025 $44,265 3 Preliminary Engineering
(PE/PA&ED) March 31, 2025 $132,795
4 Final Design (PS&E) June 30, 2025 $265,590
5 Right-of-Way (R/W) September 30, 2025 $22,133
6 Construction (CON) September 30, 2025 $887,978
7 Evaluation (EVAL) June 30, 2026 $87,989
TOTAL $1,507,688
RECIPIENT shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone.
City Council/RSA Agenda 213 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
ANNEX III
Insurance Requirements
1. INSURANCE
A. Minimum Coverages. The insurance requirements specified in this section shall cover AGENCY’s own liability and the liability arising out of work or services performed under this Agreement by any subconsultants, subcontractors, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms or corporations that AGENCY authorizes to work under this Agreement (hereinafter referred to as “Agents.”) AGENCY shall, at its own expense, obtain and maintain in effect at all times during the life of this Agreement the following types of insurance against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under this Agreement.
AGENCY is also required to assess the risks associated with work to be performed by Agents under subcontract and to include in every subcontract the requirement that the Agent maintain adequate insurance coverage with appropriate limits and endorsements to cover such risks. To the extent that an Agent does not procure and maintain such insurance coverage, AGENCY shall be responsible for said coverage and assume any and all costs and expenses that may be incurred in securing said coverage or in fulfilling AGENCY’s indemnity obligation as to itself or any of its Agents in the absence of coverage.
In the event AGENCY or its Agents procure excess or umbrella coverage to maintain certain requirements outlined below, these policies shall also satisfy all specified endorsements and stipulations, including provisions that AGENCY’s insurance be primary without right of contribution from MTC.
Prior to beginning work under this contract, AGENCY shall provide MTC with satisfactory evidence of compliance with the insurance requirements of this section.
The insurance listed hereunder shall be considered minimum requirements and any and all insurance proceeds in excess of the requirements shall be made available to MTC. If the AGENCY maintains broader coverage and/or higher limits than the minimum limits shown hereunder, MTC shall be entitled to the broader coverage and/or higher limits maintained by the AGENCY.
1. Workers' Compensation Insurance with Statutory limits, and Employer’s Liability Insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per accident, and any and all other coverage of AGENCY’s employees as may be required by applicable law. Such policy shall contain a Waiver of Subrogation in favor of MTC. Such Workers’ Compensation & Employer’s Liability may be waived, if and only for as long as AGENCY is a sole proprietor or a corporation with stock 100% owned by officers with no employees.
2. Commercial General Liability Insurance for Bodily Injury and Property Damage liability, covering the premises and operations, and products and completed operations of AGENCY and City Council/RSA Agenda 214 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
AGENCY’s officers, agents, and employees and with limits of liability which shall not be less than $1,000,000 per occurrence with a general aggregate liability of not less than $4,000,000, a products/completed operations aggregate liability limit of not less than $2,000,000 and Personal & Advertising Injury liability with a limit of not less than $1,000,000. Such policy shall contain a Waiver of Subrogation or “Waiver of Transfer of Rights of Recovery Against Others to Us” provision included in the policy language or by endorsement in favor of MTC.
Products and completed operations insurance shall be maintained for three (3) years following termination of this Agreement.
MTC and those entities listed in Part 3 of this Attachment E (if any), and their commissioners, directors, officers, representatives, and employees are to be named as additional insureds for ongoing and completed operations. The additional insured endorsements shall be at least as broad as Insurance Service Office (ISO) Form Number CG 20 38 04 13 for ongoing operations and Insurance Service Office (ISO) Form Number CG 20 37 04 13 for completed operations. Such insurance shall be primary and non-contributory, and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from AGENCY’s operations.
3. Business Automobile Insurance for all automobiles owned (if any), used or maintained by AGENCY and AGENCY’s officers, and employees, including but not limited to owned (if any), leased (if any), non-owned and hired automobiles, with limits of liability which shall not be less than $1,000,000 combined single limit per accident.
4. Excess or Umbrella Insurance in the amount of $4,000,000 providing excess limits over Employer’s Liability, Automobile Liability, and Commercial General Liability Insurance. Such umbrella coverage shall be following form to underlying coverage including all endorsements and additional insured requirements.
5. Errors and Omissions Professional Liability Insurance for errors and omissions and the resulting damages, including, but not limited to, economic loss to MTC and having minimum limits of $2,000,000 per claim.
The policy shall provide coverage for all work performed by AGENCY and any work performed or conducted by any subcontractor/consultant working for or performing services on behalf of AGENCY. No contract or agreement between AGENCY and any subcontractor/consultant shall relieve AGENCY of the responsibility for providing this Errors & Omissions or Professional Liability coverage for all work performed by AGENCY and any subcontractor/consultant working on behalf of AGENCY on the project.
6. Property Insurance. Property Insurance covering AGENCY'S own business personal property and equipment to be used in performance of this Agreement, materials or property to be City Council/RSA Agenda 215 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
purchased and/or installed on behalf of MTC (if any), and builders risk for property in the course of construction (if applicable). Coverage shall be written on a "Special Form" policy that includes theft, but excludes earthquake, with limits at least equal to the replacement cost of the property. Such policy shall contain a Waiver of Subrogation or “Transfer of Rights of Recovery Against Others to Us” provision included in the policy language or by endorsement in favor of MTC.
7. Employee Dishonesty/Crime Insurance.
Not applicable
8. Contractors’ Pollution Liability Insurance. Contractors’ Pollution Liability insurance for bodily injury and property damage coverage for bodily injury and property damage of at least $2,000,000 per occurrence or claim and a general aggregate limit of at least $2,000,000. This insurance shall include coverage for, but not be limited to sudden and accidental discharges; gradual discharges, clean-up of pollutants and disposal thereof; and, mold, asbestos or lead, if an abatement contract. If AGENCY disposes of Hazardous Materials under this Agreement, AGENCY shall designate the disposal site and provide a certificate of insurance from the disposal facility to MTC.
AGENCY’s Business Automobile Liability coverage shall also be extended to cover pollution liability during loading; unloading and while in transit including, but not limited to, the perils of collision and upset. Coverage may be provided by endorsement to the general liability and automobile policies or by a separate policy.
Such policy shall contain a Waiver of Subrogation in favor of MTC.
MTC (and those entities listed in Part 3, ADDITIONAL INSUREDS, of this Attachment E (if any), and their commissioners, directors, officers, representatives, agents and employees are to be named as additional insureds. Such insurance shall be primary and contain a Separation of Insureds Clause as respects any claims, losses or liability arising directly or indirectly from AGENCY’s operations.
9. Aviation Liability Insurance.
Not applicable
B. Acceptable Insurers. All policies will be issued by insurers, generally with a Best’s Rating of A- or better with a Financial Size Category of VII or better, or an A rating from a comparable rating service.
C. Self-Insurance. AGENCY’s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance, upon evidence of financial capacity satisfactory to MTC.
D. Deductibles and Retentions. AGENCY shall be responsible for payment of any deductible or retention on AGENCY’s policies without right of contribution from MTC. Deductible and retention City Council/RSA Agenda 216 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid.
Any deductible or retention provision limiting payment to the Named Insured is unacceptable.
In the event that MTC seeks coverage as an additional insured under any AGENCY insurance policy that contains a deductible or self-insured retention, AGENCY shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy, for any lawsuit arising from or connected with any alleged act of AGENCY, subconsultant, subcontractor, or any of their employees, officers or directors, even if AGENCY or subconsultant is not a named defendant in the lawsuit.
E. Claims Made Coverage. If any insurance specified above is written on a “Claims-Made” (rather than an “occurrence”) basis, then in addition to the coverage requirements above, AGENCY shall:
(1) Ensure that the Retroactive Date is shown on the policy, and such date must be before the date of this Agreement or the beginning of any work under this Agreement; (2) Maintain and provide evidence of similar insurance for at least three (3) years following project completion, including the requirement of adding all additional insureds; and (3) If insurance is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, AGENCY shall purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work.
F. Failure to Maintain Insurance. All insurance specified above shall remain in force until all work or services to be performed are satisfactorily completed, all of AGENCY’s personnel, subconsultants, subcontractors, and equipment have been removed from MTC’s property, and the work or services have been formally accepted. AGENCY must notify MTC if any of the above required coverages are non-renewed or cancelled. The failure to procure or maintain required insurance and/or an adequately funded self-insurance program will constitute a material breach of this Agreement.
G. Certificates of Insurance. Prior to commencement of any work hereunder, AGENCY shall deliver to Ebix, MTC’s authorized insurance consultant, insurance documentation (including Certificates of Liability Insurance, Evidences of Property Insurance, endorsements, etc.) verifying the aforementioned coverages. Such evidence of insurance shall make reference to all provisions and endorsements referred to above and shall be signed by the authorized representative of the Insurance Company shown on the insurance documentation. The Project name shall be clearly stated on the face of each Certificate of Liability Insurance and/or Evidence of Property Insurance.
City Council/RSA Agenda 217 Tuesday, July 9, 2024
MTC/ Union City
Master Funding Agreement
Supplement No. 4 – Alvarado-Niles Road Transit Lane Pilot
AGENCY shall submit certificates of insurance to:
Metropolitan Transportation Commission
Insurance Compliance
P.O. Box 100085-M8
Duluth, GA 30096
or
Email to [email protected]
or
Fax to 1-888-617-2309
MTC reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.
2. FINANCIAL SECURITY (BONDS)
Not Applicable
3. ADDITIONAL INSUREDS
The following entities are to be named as Additional Insureds under applicable sections of this Attachment E and as MTC Indemnified Parties, pursuant to Article 9 of the Agreement.
Not applicable
City Council/RSA Agenda 218 Tuesday, July 9, 2024
From: Robert Prinz
To: City Clerk
Subject: public comment, consent calendar item 5.g
Date: Monday, July 8, 2024 3:57:16 PM
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Thank you for receiving this public comment on behalf of Bike East Bay for Union City's Council meeting on July 9, 2024, consent calendar item 5.g., accepting a grant award for the Alvarado-Niles Road Part-Time Transit Lane Pilot Project.
We feel that it is inappropriate for the City’s local match of $195,337 to be funded in part with $100,000 of ACTIA Measure B Bike & Pedestrian Paths funds (Fund 2543). There do not appear to be significant bike/walk upgrades via this project, and the existing bike lanes are proposed for conversion to part time transit-only lanes. Bike riders will still legally be allowed to use the bus lanes under state law, but overall their access will be impacted negatively despite the use of $100k in bike/ped funds.
We also have concerns that this project will impact Union City's ability to implement the 2021 Bicycle and Pedestrian Plan's recommendation for a Class IV protected bikeway on AlvaradoNiles Road in the future. As such we encourage the city to pursue the part-time bus lane pilot project by converting one of the two car travel lanes in each direction as opposed to the bike lanes and curbside parking aisles.
This change would avoid conflicts between bike riders and bus operators in the same lane, conflicts with individuals who might neglect to move parked cars during the bus lane hours, and wouldn't set up future conflicts with the bike plan implementation. Increasing the street to three open travel lanes in each direction (1 transit lane and 2 general purpose lanes each way) could also have negative street safety impacts, as travel lane counts and roadway clearances are associated with increases in driver speeding and crash severity.
As part of your decision today we recommend that you instruct staff to identify alternate matching funds that are more in alignment with the project outcomes, and encourage the project to study a travel lane conversion as opposed to the bike lanes and parking aisles.
Thank you,
Logo Robert Prinz | Advocacy Director
Pronouns: he/him
Mail: PO Box 1736 Oakland, CA 94604
Office: 466 Water Street Oakland, CA 94607
P: (510) 845-7433 x5 | E: [email protected]
City Council/RSA Agenda 219 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING UNION CITY TRANSIT FALL 2024 SERVICE CHANGES EFFECTIVE SATURDAY, AUGUST 10, 2024
Staff recommends that the City Council adopt a resolution approving Union City Transit Fall 2024 services changes effective Saturday, August 10, 2024.
STRATEGIC PLAN ALIGNMENT
There is no alignment with strategic plan goals.
BACKGROUND
Prior to the Novel Coronavirus (COVID-19) Pandemic, Union City Transit had not changed its routes and schedules since 2015. During 2020, Union City Transit went through multiple iterations of its service to adapt to decreased ridership, social distancing, and social unrest with curfews. After a public hearing held on March 9, 2021, the City Council adopted Resolution No. 5722-21, making permanent service changes specifically to route alignments that Union City Transit still follows today.
On May 24, 2021, Union City Transit began the twenty-two-month Union City Flea (Flexible, Local, Easy, Access) microtransit pilot project that was initially approved by City Council Resolution No. 5535-19 on October 22, 2019. The pilot project concluded on March 31, 2023. City Council approved extending the program through September 1, 2023, by adopting Resolution No. 6111-23 on April 25, 2023, to coincide with the upcoming Bay Area Rapid Transit District (BART) fall service changes, originally scheduled to take place in August 2023.
On March 14, 2024, BART announced to transit operators that their proposed service changes for Fall 2024 would take effect on Monday, August 12, 2024. The service changes would continue BART’s response to a looming fiscalcliff that requires reducing service to preserve existing operating funds with continued significant impacts to the segment of the system between Bay Fair and Berryessa. Trains will continue to be scheduled to City Council/RSA Agenda 220 Tuesday, July 9, 2024
arrive every ten (10) minutes on average in each direction at the Union City BART Intermodal Station. This latest adjustment impacts Union City Transit schedules that have been in effect since September 9, 2023.
The City Council awarded a service contract to MV Transportation, Inc. (MV Transit) on March 14, 2023, through City Council Resolution No. 6096-23. The new contract includes a provision for microtransit and an anticipated number of service hours pending an expansion of the service.
On May 14, 2024, the City Council adopted Resolution No. 6297-24, authorizing Union City Transit to apply for Low-Carbon Transit Operation Program (LCTOP) funds to partially fund a further expanded service area for the Union City Flea microtransit service as described in the contract with MV Transit. This application has been submitted to the California Department of Transportation (Caltrans) for review and Caltrans staff has been working with Union City Transit staff to ensure it gets approved.
DISCUSSION
The Metropolitan Transportation Commission’s (MTC) Blue Ribbon Transit Recovery Task Force (BRTRTF or BRTF) convened remotely during the COVID-19 Pandemic to address transit issues. The BRTF has evolved into the Transit Transformative Action Plan (TTAP) and seeks to implement the most viable recommendations that came from the BRTF. The TTAP includes schedule coordination, fare coordination, wayfinding coordination, technology coordination, procurement coordination, and fiscal responsibility amongst all the transit operators in the nine-county San Francisco Bay Area under the purview of MTC. Some of the described collaboration willcome through a newly developed MTC committee responsible for Regional Network Management (RNM). One of the goals is to make local or sub-regional operators connect with regional operators. In Union City, Union City Transit would (and has been) coordinating its schedule to connect with BART trains arriving or departing at the station.
Union City Transit staff has evaluated the new BART schedule for Fall 2024 and has created a slightly modified schedule that maintains connections with the maximum number of trains possible. The new schedule preserves weekday morning and evening twenty (20)-minute peak service on Routes 1, 2, and 5. The new schedule preserves the same number of trips on Routes 3 and 4. Routes 1 and 5 will continue to offer supplemental service on weekdays during the school year but will be adjusted based on ridership demand.
Route 8, introduced a couple of months after the NHUSD fall semester started in 2023, will become the official route number for the New Haven Unified School District’s (NHUSD) seasonal supplemental service, operating on weekdays during the school year. The new weekday schedule will start at 4:32 AM and end at 10:41 PM, with the same amount of scheduled service, and the new weekend schedules will start at 6:50 AM and end at 7:41 PM, with the same amount of scheduled service.
Union City Paratransit’s Americans with Disabilities Act (ADA) service hours will adjust to complement those of the fixed-route service, as required by law. There will be no change to Paratransit Plus service on weekdays, while the service hours on weekends willadjust to the weekend fixed-route service.
Union City Flea will be impacted the most with the upcoming service changes. Last fall, the service area expanded to encompass Civic Center, Decoto, Seven Hills, Tamarack, and Tamarack Hills. With the LCTOP funds for this year, the service area willexpand to encompass almost all of Union City east of I-880, with stops to access shopping at the Union Landing Transit Center and at Calaveras Landing. The service will not enter gated communities, it will not serve as school service, and it will not stop in front of schools. Youth aged twelve (12) and under will require the supervision of an adult, and youth aged eight (8) or weighing eightypounds (80 lbs.) or less will require an adult (not the driver) to install and remove a car seat. Only one (1) vehicle will be in service initially, and, if the service becomes popular, Union City Transit has two (2) additional vehicles to accommodate peak period trends. The wait times are expected to be between fifteen (15) to (20) minutes for a curb-to-curb service. The expansion of the service area will reflect the same number of service City Council/RSA Agenda 221 Tuesday, July 9, 2024
hours that are currently available from 4:41 AM to 8:40 PM. For now, the fare will remain the same as that on the fixed-route service and Clipper is accepted (and recommended) along with the Clipper discounts.
FISCAL IMPACT
The service changes put forth were included in the pricing from MV Transit and MV Transit’s pricing was used in the development of Union City Transit’s approved biennial budget, so there is no anticipated cost increase to Union City Transit. Union City Transit staff continues to explore additional funding sources like LCTOP to fund service enhancements, but this is to preserve funding reserves since the San Francisco Bay Area Transit operators are all potentially facing financial issues after FY 2027-2028.
There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Union City Transit Fall 2024 services changes effective Saturday, August 10, 2024.
Prepared by:
Steve Adams, Transit Manager
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Attachment 1 - UCTransit Routes: Current/Proposed Fall 2024 Attachment City Council/RSA Agenda 222 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING UNION CITY TRANSIT’S FALL
2024 SERVICE CHANGES, EFFECTIVE SATURDAY,
AUGUST 10, 2024
WHEREAS, in the wake of the Novel Coronavirus (COVID-19) Pandemic, the Metropolitan Transportation Commission (MTC) has taken the lead on a Transit Transformative Action Plan (TTAP) to increase collaboration and connectivity amongst the San Francisco Bay Area operators through Regional Network Management (RNM); and WHEREAS, connectivity amongst operators is recommended to happen through local or sub-regional operator connections with regional operators, and in Union City, Union City Transit coordinates its schedule to connect with Bay Area Rapid Transit District (BART) trains arriving or departing at the station; and
WHEREAS, BART will implement a new schedule starting on Monday, August 12, 2024, that will continue reduced frequencies on the routes passing through the Union City station; and WHEREAS, Union City Transit will take this opportunity to re-align its service schedule to connect with the new BART schedules as well as further expand the Union City Flea microtransit pilot service; and
WHEREAS, the new weekday schedule will start at 4:32 AM and end at 10:41 PM, and the new weekend schedules will start at 6:50 AM and end at 7:41 PM, both with the same amount of scheduled service; and
WHEREAS, the service changes put forth were included in the pricing of the MV Transportation, Inc. (MV Transit) operations and maintenance contract awarded on March 14, 2023, and MV Transit’s pricing was used in the development of Union City Transit’s approved biennial budget, so there is no anticipated cost increase to Union City Transit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby adopts a resolution approving Union City Transit’s Fall 2024 services changes, effective Saturday, August 12, 2024.
City Council/RSA Agenda 223 Tuesday, July 9, 2024
Resolution No. XXXX-24
Approve UC Transit’s Fall 2024 Service Changes
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 224 Tuesday, July 9, 2024
1 Union City
Transit & Flea
Service Area
2023 Service Map
City Council/RSA Agenda 225 Tuesday, July 9, 2024
2 Union City
Transit & Flea
Service Area
2024 Service Map
City Council/RSA Agenda 226 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITY & RECREATION SERVICES DIRECTOR SUBJECT: ADOPT A RESOLUTION APPROVING A TWO-YEAR INDEPENDENT
CONTRACTOR AGREEMENT WITH FRANK MONGE, IN AN AMOUNT
NOT-TO-EXCEED $260,000, TO PROVIDE YOUTH BASKETBALL
SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT IN A FORM APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt a resolution approving a two-year Independent Contractor Agreement (“Agreement”) with Frank Monge, in a total amount not-to-exceed $260,000, to provide youth basketball services, and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
The Community & Recreation Services Department contracts with several independent contractors to provide a variety of recreational programs for the community. Frank Monge has been providing contractual youth basketball training and services through the CRS department for several years. Prior to the pandemic, Mr.
Monge’s programs had over 1,000 annual participants and generated over $230,000 in gross annual revenue. In FY 2022-2023, Mr. Monge’s Beast Mode youth basketball program had over 600 participants and generated over $130,000 in gross annual revenue, of which Mr. Monge received 70% of that gross annual revenue. For FYs 2024-2025 and 2025-2026, it is expected that Mr. Monge willcontinue providing youth basketballclasses, camps, clinics, and training services and it is anticipated that there will be a continued increase in participation.
However, because the amount of the Independent Contractor Agreement exceeds the City Manager’s authority, the City Council is being asked to approve the two-year Independent Contractor Agreement and authorize the City Manager to execute the Agreement in a form approved by the City Attorney.
City Council/RSA Agenda 227 Tuesday, July 9, 2024
DISCUSSION
The Community & Recreation Services Department provides a multitude of recreational opportunities for the community. Much of the recreational programming is conducted by independent contractors and most are compensated through an agreed percentage of the registration collected from the programs and services provided. Frank Monge has been providing youth basketball programs and services for the CRS department for several years and is the most popular sports contractor and highest revenue generating contractor for CRS.
For FY 2023-2024, Mr. Monge’s program is estimated to generate $160,000 in registration fees and will receive compensation of 70% of the registration fees collected (less any additional expenses that may be incurred by the City to provide the program). Mr. Monge plans to continue providing youth basketball classes, camps, clinics, and training services, and it is anticipated that his programs will continue to slowly grow back to previous levels. Due to his popularity and proven record as a contractor for the City, CRS is renewing Mr.
Monge’s agreement for a 2-year period which will result in the total contract amount increasing accordingly.
Because the amount of the Independent Contractor Agreement exceeds the City Manager’s authority, the City Council is being asked to approve the Independent Contractor Agreement and authorize the City Manager to execute the Agreement.
FISCAL IMPACT
The totalcost for this two-year Independent Contractor Agreement will not exceed $260,000 over the next two fiscal years (2024-2025 and 2025-2026). Funding for the first year of this two-year agreement has been included in the revised FY 2024-2025 CRS Revolving Fund budget in Account Number 2410-5208-52008- 54113 (CRS Revolving Fund - Youth Sports - Sports - Contract Employees). Funding for the second year of this Agreement will be included in the next biennial budget. The approval of this Agreement will have no impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a two-year Independent Contractor Agreement with Frank Monge, in a total amount not-to-exceed $260,000, to provide youth basketball services, and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.
Prepared by:
Corina Hahn, Community & Recreation Services Director
Submitted by:
Corina Hahn, Community & Recreation Services Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Independent ContractorAgreement Attachment
City Council/RSA Agenda 228 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY APPROVING A TWO-YEAR
INDEPENDENT CONTRACTOR AGREEMENT WITH
FRANK MONGE, IN A TOTAL AMOUNT NOT TO
EXCEED $260,000, TO PROVIDE YOUTH BASKETBALL
SERVICES, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT IN A FORM
APPROVED BY THE CITY ATTORNEY
WHEREAS, the Community & Recreation Services Department contracts with several independent contractors to provide a variety of recreational programs for the community; and WHEREAS, the City has been utilizing Frank Monge as an independent contractor to provide youth basketball classes, camps, clinics, and training services for several years; and WHEREAS, Frank Monge's contractual services serve over 600 youth and generate approximately $160,000 in gross annual revenue for the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves a two-year Independent Contractor Agreement with Frank Monge, in a total amount not to exceed $260,000, to provide youth basketball services; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Agreement in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 229 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
CONTRACTUAL SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND INDEPENDENT CONTRACTOR
FOR RECREATION SERVICES
This Agreement for recreation services ("Agreement") is made by and between the City of Union City, a municipal corporation, ("City") and ,
a (corporation / limited liability company / sole proprietor), with offices located at ,
("Independent Contractor" or "Contractor"), (together referred to as the "Parties") as of , 20 "Effective Date").
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Independent Contractor shall provide to the 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 , and Independent Contractor 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 the Independent Contractor 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. Independent Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Independent Contractor is engaged.
1.3 Assignment of Personnel. Independent Contractor 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, Independent Contractor 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. Independent Contractor 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 Contractor's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Independent Contractor a sum not to exceed [Spell out amount] _, ($ )
notwithstanding any contrary indications that may be contained in Contractor's proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Independent Contractor for services rendered pursuant to this.
City Council/RSA Agenda 230 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Independent Contractor for services rendered pursuant to this Agreement.
Independent Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Independent Contractor shall not bill City for duplicate services performed by more than one person.
Independent Contractor and City acknowledge and agree that compensation paid by City to Independent Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Independent Contractor 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. Independent Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills, i.e., Progress Bill No. 1 for the first invoice, etc.; • Name of program or services as listed on Scope of Services Exhibit A s; Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing session; • A summary containing the services provided or participants served and total amount due this period as listed on Exhibit B.;
• 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 sessions or services provided under the Agreement by Independent Contractor and each employee, agent, and subcontractor of Independent Contractor performing services hereunder;
• The Independent Contractor's signature;
2.2 Session Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred as detailed on Exhibit B. City shall have 30 days from the receipt of an invoice that complies with all the requirements above to pay Contractor.
City Council/RSA Agenda 231 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
2.3 Total Payment. City shall pay for the services to be rendered by Independent Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Independent Contractor 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 Independent Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.4 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Independent Contractor on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.5 Reimbursable Expenses. There are no reimbursable expenses.
2.6 Payment of Taxes. Independent Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Independent Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Independent Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Independent Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Independent Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.9 Business License. The Independent Contractor is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Independent Contractor 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, Independent Contractor shall, at its sole cost and expense, provide all supplies and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Independent Contractor 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 classroom space, parks, or sports fields, as may be reasonably necessary for Contractor's use while contracting with 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, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
City Council/RSA Agenda 232 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Independent Contractor, 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 Independent Contractor and its agents, representatives, employees, and subcontractors.
Consistent with the following provisions, Independent Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City.
Independent Contractor 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 Independent Contractor's bid. Independent Contractor shall not allow any subcontractor to commence work on any subcontract until Independent Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Independent Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate.
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an "occurrence"
basis.
B Commercial or Business
Automobile Liability
All owned vehicles hired or
leased vehicles, non-owned,
borrowed, and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling related
activities
$1,000,000 per occurrence.
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad a s Insurance
Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
City Council/RSA Agenda 233 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
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.
Independent Contractor may
rely on a self-insurance
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 Independent Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Independent Contractor's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
City Council/RSA Agenda 234 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
e. Certificates of Insurance: Before commencing operations under this Agreement, Independent Contractor 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 Independent Contractor to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Independent Contractor 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, Independent Contractor 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 Independent Contractor's insurance by City shall not relieve or decrease the liability of Independent Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Independent Contractor. b. Deductibles and Self-Insured Retentions. Independent Contractor 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 Independent Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
City Council/RSA Agenda 235 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
d. Waiver of Subrogation. Independent Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Independent Contractor 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 Independent Contractor, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies the City may have if Independent Contractor 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 Independent Contractor'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 Independent Contractor to stop work under this Agreement or withhold any payment that becomes due to Independent Contractor hereunder, or both stop work and withhold any payment, until Independent Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES.
Independent Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City and its officers, officials, employees, agents and volunteers (collectively "Indemnitees") 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 the Independent Contractor'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 the City.
The Independent Contractor's obligation to defend and indemnify shall not be excused because of the Independent Contractor's inability to evaluate Liability or because the Independent Contractor evaluates Liability and determines that the Independent Contractor is not liable to the claimant. The Independent Contractor 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 Independent Contractor 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 Independent Contractor 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 Independent Contractor accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Independent Contractor, the Independent Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.
City Council/RSA Agenda 236 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
In the event that the Independent Contractor or any employee, agent, or subcontractor of the Independent Contractor 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, Independent Contractor shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of the Independent Contractor 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 the City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Independent Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control the Independent Contractor only insofar as the results of the Contractor'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 the Independent Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, the Independent Contractor 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 the City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of the City and entitlement to any contribution to be paid by the City for employer contributions and/or employee contributions for PERS benefits.
6.2 Independent Contractor Not an Agent. Except as the City may specify in writing, the Independent Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Independent Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the 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. Independent Contractor 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, the Independent Contractor and any subcontractors shall comply with all applicable rules and regulations to which the City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Independent Contractor represents and warrants to the City that the Independent Contractor 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. Independent Contractor represents and warrants to the City that the Independent Contractor and its employees, agents, and any subcontractors shall, at their sole cost and City Council/RSA Agenda 237 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
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, the Independent Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from the City.
7.5 Nondiscrimination and Equal Opportunity. Independent Contractor 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, or 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 the Independent Contractor under this Agreement. Independent Contractor 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 the Independent Contractor thereby.
Independent Contractor 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 Independent Contractor. Independent Contractor may cancel this Agreement upon thirty (30) days' written notice to the City and shall include in such notice the reasons for cancellation.
In the event of termination, the Independent Contractor shall be entitled to compensation for services performed to the effective date of termination; the City, however, may condition payment of such compensation upon the Independent Contractor delivering to the City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to the Independent Contractor or prepared by or for Independent Contractor or the City in connection with this Agreement.
8.2 Extension. The 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. The City and Independent Contractor recognize and agree that this Agreement contemplates personal performance by the Independent Contractor and is based upon a determination of the Independent Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to the City for entering into this Agreement was and is the professional reputation and competence of the Independent Contractor. The Independent Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. The Independent Contractor 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 238 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between the City and the Independent Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If the Independent Contractor materially breaches any of the terms of this Agreement, the City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain a different Independent Contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.3 Charge the Independent Contractor 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 the Independent Contractor pursuant to Section 2 if the Independent Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor'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 the Independent Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Independent Contractor 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. The City and the Independent Contractor 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 Contractor's Books and Records. Independent Contractor 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 Independent Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Independent Contractor 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 239 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
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. Independent Contractor shall prepare and submit all reports, written studies and other printed paper materials 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. Independent Contractor may serve other clients, but none whose activities within the corporate limits of the City or whose business, regardless of location, would place the Independent Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Independent Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Independent Contractor 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 the Independent Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, the Independent Contractor warrants that it did not participate in any manner in the forming of this Agreement. Independent Contractor understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and the Independent Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and the Independent Contractor will be required to reimburse the City for any sums paid to the Contractor. Independent Contractor 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.
City Council/RSA Agenda 240 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
10.8 Solicitation. Independent Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his/her designee, identified as ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.
10.10 Notices. Any written notice to Independent Contractor shall be sent to:
Contractor Name: ____________________________________ Phone: __________________________ Address: ____________________________________________ Email: __________________________ All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, the entire and integrated agreement between City and the Independent Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.12 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 241 Tuesday, July 9, 2024
Contractual Services Agreement between
City of Union City and Independent Contractor
Version 8, 3.5.24
The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY INDEPENDENT CONTRACTOR
JOAN MALLOY, CITY MANAGER
or, in lieu of or up to $10,000
CORINA HAHN, CRS DIRECTOR
ATTEST:
SIGNATURE
Name (PRINT):
THAI PHAM, CITY CLERK
APPROVED AS TO FORM:
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
Community & Recreation Services Contract
Version 8 – 3.5.24
City Council/RSA Agenda 242 Tuesday, July 9, 2024
Contractual services Agreement between
City of Union City and Independent Contractor
EXHIBIT A SCOPE OF
SERVICES
a. Contractor shall lead the following, class/ workshop/ camp(s)/ specialized services City of Union City (Community & Recreation Services Department "CRS") type of service:
_
b. Based on their professional expertise, contractor shall propose the dates, times, minimum/ maximum enrollment, ages of participant, fees, and manner of instruction to be offered. c. A specific description of the service (class/ workshop/ camp(s)/ specialized services) will be provided to the City of Union City.
d. Contractor shall provide an affidavit notifying the City of Union City of any and all sub-contractors leading, teaching or instructing class/ workshop/ camp(s)/ specialized services. e. Provision of Materials: Contractor shall provide all materials, tools, or equipment necessary to perform the services required by this agreement, except as noted below in Special Conditions. • City of Union City shall make available an appropriate room/ facility for the class/ workshop/ camp(s)/ specialized services and shall be responsible for maintenance of such facilities. Special Conditions are as follows:
•
•
•
• Contractor shall be responsible for setting up all materials necessary for the class and shall clean up the room at the conclusion of each class/ workshop/ camp(s)/ specialized services. • For all class/ workshop/ camp(s)/ specialized services offered outdoor, CRS shall provide the contractor with a field/ park permit. Special Conditions for outdoor classes are as follows:
•
•
•
• For class/ workshop/ camp(s)/ specialized services at private/business locations, CRS will provide contractor with a list of participants. Contractor will assume all responsibilities for all services held at a non-city location.
• City of Union City shall make an appropriate on-line platform for virtual class/ workshop/ camp(s)/ specialized services unless contractor has their own platform in which case the contractor will assume all responsibilities for all online virtual services. f. All Independent Contractors and their staff must receive, review, and abide by all of the requirements and guidelines in the CRS Instructor Manual
• Failure to do so can result in temporary or permanent suspension of class and agreement. ___________ (Initial) I have read and acknowledge item
g. Additional conditions, requirements, provisions:
•
•
•
City Council/RSA Agenda 243 Tuesday, July 9, 2024
Contractual services Agreement between
City of Union City and Independent Contractor
EXHIBIT B COMPENSATION
SCHEDULE
Compensation Agreement
Contractor's compensation for services rendered shall be determined by both Independent Contractor and their direct supervisor and by (Percentages/Flat Fees will be reviewed at the end of each contract year. If the City of Union City determines that the current percentage/flat fee for the contractor is no longer economically viable for the City, then City of Union City reserves the right to change and possibly lower the existing percentage/flat fee for the next contract. Any changes in fees that are charged must be approved in advance by the City of Union City. _ Calculating ( %) of resident's fees collected. Fees to be charged shall range from $ per class to $ per class ( ________ ).
_ Calculating ( ____ %) of resident's fees collected. Fees to be charged shall range from $ per class to $ per class ( ___________ ).
_ Flat Fee of $ ___ per __ ____
Supply/Equipment Fee (100% Contractor)
Compensation Schedule
Invoices from contractor are due ____ Monthly, _ By Session, or Annually. All invoices must be submitted no later than 2 weeks after the last services provided. Payments shall be paid to Contractors by __check or __ Direct Deposit approximately four to six weeks after submission. Direct deposit is the City's preferred way of payment disbursement.
Collection of Fees
City of Union City will collect fees for services provided by the Contractor. However, contractor may collect fees if services are provided remotely and will pay the City its percentage or flat fee that is mutually agreed upon per the contract. Contractor must provide rosters or proof of services to the City and must issue payment in the form of a check to the City two weeks after the end of each session.
City Collection Contractor Collection
Proration of Fees
Contractor and City of Union City shall mutually agree upon the option for proration of fees for classes or services provided. Offer Prorated Fees Decline Prorated Fees Credits/Make Ups
Contractor and City of Union shall mutually agree upon the option for credits/make ups of fees for classes or services provided. City will retain full amount of any administrative fees/costs incurred.
Offer Credits/Make Ups Decline Credits/Make Ups
City Council/RSA Agenda 244 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: REPORT AND PRESENTATION ON THE PUBLIC WORKS CORPORATION
YARD IMPACTS FROM CONSTRUCTION OF QUARRY LAKES PARKWAY - PHASE 1, CITY PROJECT NO. 18-04, AND THE CORPORATION YARD
MASTER PLAN
Staff recommends that the City Council receive a report and presentation on the Public Works Corporation Yard impacts from the construction of Quarry Lakes Parkway Phase 1, City Project No. 18-04, and the Corporation Yard Master Plan. The purpose of this presentation is to provide City Council and the general public with a better understanding of how the new local roadway will impact the operations of the Corporation Yard, as well as opportunities to make improvements to the maintenance facility that serves Public Works’ Grounds/Parks, Streets, Facilities, Fleet/Garage, and Union City Transit divisions.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Economic, Community Development and Public Safety - Facilitate the build out of the greater Station District Area through the construction of Quarry Lakes Parkway, completion of the pedestrian rail crossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.
Goal D, Strategy 10: Environmental Sustainability and Infrastructure - Create and implement a plan to maintain and upgrade the City’s buildings.
BACKGROUND
Quarry Lakes Parkway is identified as an important multimodal corridor in southern Alameda County to support the build-out of the Station District Area surrounding the Union City BART Station. The project is identified in the Alameda County Transportation Commission's (Alameda CTC) Countywide Transportation Plan (CTP) and Metropolitan Transportation Commission's (MTC) Plan Bay Area (PBA) 2050 for the San Francisco Bay Area.
In 2018, Union City became the project sponsor for Quarry Lakes Parkway, Phases 1-4 in Union City from Old City Council/RSA Agenda 245 Tuesday, July 9, 2024
Alameda Creek to Mission Boulevard (City Project No. 18-04). Alameda CTC approved funding for the Final Design of Quarry Lakes Parkway, Phases (Segments) 1 and 2 on November 20, 2020 with 1986 Measure B funds and provided Union City with the executed Project Funding Agreement No. A22-0053 in September 2021.
On January 11, 2022, City Counciladopted Resolution No. 5878-22 that authorized the City Manager to execute a Consulting Services Agreement with Mark Thomas & Company, Inc. for Preliminary Engineering (30% Final Design) of Phases 1 and 2 for the Quarry Lakes Parkway Project, City Project No. 18-04.
On November 22, 2022, City Council adopted Resolution No. 6045-22 that authorized the City Manager to execute the First Amendment of the Consulting Services Agreement with Mark Thomas & Company, Inc. for Final Design of Phases 1 and 2 for the Quarry Lakes Parkway Project. Mark Thomas’ Project Team included Group 4 Architecture to assist with the preliminary engineering of the Public Works Corporation (Corp) Yard improvements from impacts of construction of Quarry Lakes Parkway, Phase 1 from 7 th Street to Mission
Boulevard.
The construction of Quarry Lakes Parkway Phase 1 requires the relocation and reconstruction of a new southern concrete security wall of the Corp Yard, reducing the site by approximately 10%. Group 4 Architecture and City staff discussed near-term impacts to existing Corp Yard operations, along with required near-term improvements.
Follow up meetings with Group 4 identified opportunities to include much-needed repairs, upgrades, and improvements in the project for an important and essentialcity facility.
On September 8, 2023, the City Manager entered into the Consultant Service Agreement directly with Group 4 Architecture to develop the Corporation Yard Master Plan, City Project No. 23-26.
DISCUSSION
From October 2023 to May 2024, Group 4 Architecture held a several workshops and meetings with Public Works, IT, and City Manager Office staff to discuss the required near-term improvements to accommodate the construction of Quarry Lakes Parkway, Phase 1. These near-term improvements will impact both UC Transit fleet storage and operations and the Public Works Grounds Division, including the following:
Reconfiguration of the bus parking area including the proposed EV fuelchargers and infrastructure Relocating Dumbarton Express Fleet (before the reconstruction of the Corp Yard security wallas part of Quarry Lakes Parkway, Phase 1)
Accommodating and replacing the UC Transit Contractor Modular Building with a new public entrance from 7
th Street
Paving part of the Corp Yard to support Grounds Division storage area and operations Relocation of Conex Storage Bins
The majority of these Corp Yard improvements must be completed before the construction of Quarry Lakes Parkway Phase 1 to allow the Corp Yard, a city “essential” facility to be fully functionalat all times.
Group 4 Architecture prepared a draft Union City Corporation Yard Master Plan Study dated June 11, 2024, see Attachment 1. The study summarizes meetings, workshops, existing conditions, current operations, and initiates discussion of proposed near-term improvements identified as the Corp Yard, Phase 1. The Corp Yard, Phase 1 improvements address Disaster Preparedness and Essential Upgrades, Improve Operational Efficiency, and SB 1383 Compliance. The Corp Yard, Phase 2 addresses long-term improvements identified as Anticipated Future Staffing and Operations Growth.
FISCAL IMPACT
City Council/RSA Agenda 246 Tuesday, July 9, 2024
There is no fiscal impact on the General Fund for receiving this report.
RECOMMENDATION
Staff recommends that the City Council receive a report and presentation on the Public Works Corporation Yard impacts from the construction of Quarry Lakes Parkway Phase 1, City Project No. 18-04, and the Corporation Yard Master Plan. This is an informational item, and no action is required by the City Council at this time, though staff welcomes comments and questions.
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - Draft Corp Yard Master Plan Report (June 11, 2024) Attachment PowerPoint Presentation Attachment
City Council/RSA Agenda 247 Tuesday, July 9, 2024
Union City
Corporation Yard Master Plan
DRAFT REPORT | 11 June 2024
City Council/RSA Agenda 248 Tuesday, July 9, 2024
City Council/RSA Agenda 249 Tuesday, July 9, 2024
i UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CONTENTS
CONTENTS
1. INTRODUCTIONS ........................................................................ 1
1.1. Background + Purpose.................................................................................................. 1
1.2. Project Goals .................................................................................................................. 2
1.3. Methodology ................................................................................................................. 3
2. CORPORATION YARD TODAY .......................................................... 5
2.1. Day-To-Day Operations ................................................................................................. 5
2.2 City Storage – Periodic Access ...................................................................................... 7
2.3. External Users................................................................................................................. 8
2.4. Current Corp Yard Layout.............................................................................................. 8
3. CURRENT AND FUTURE NEEDS ....................................................... 9
3.1. Site Impacts from Quarry Lakes Parkway Project ...................................................... 10
3.2. Disaster Preparedness, Safety, and Security Needs.................................................. 11
3.3. SB 1383 Compliance Needs........................................................................................ 11
3.4. General Operations + Shared Resources Needs ...................................................... 11
3.5. Department Needs ...................................................................................................... 12
4. MASTER PLAN VISION ................................................................. 17
4.1. Buildout Vision ............................................................................................................ 17
4.2. Proposed Phase 1......................................................................................................... 19
4.4. Cost Models ................................................................................................................. 23
4.5. Next Steps .................................................................................................................. 24c City Council/RSA Agenda 250 Tuesday, July 9, 2024
ii UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CONTENTS City Council/RSA Agenda 251 Tuesday, July 9, 2024
1 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY
1. I NTRODUCT I ON
1.1. BACKGROUND + PURPOSE
The Union City Corporation Yard (Corp Yard, the yard) is located at 34650 7th Avenue between Zwissig Way and Chesapeake Drive. It was originally constructed in 1999 on an 11.92-acre site to support City Public Works and Union City Transit operations. Since that time, Public Works operations and Union City Transit operations have expanded to meet growing city and community needs. New uses have also been added to the site incrementally and organically over time. Today, City departments or divisions with a substantial footprint at the Corp Yard include Fleet, Grounds, Streets, Facilities, and Transit. Additionally, many other City departments use portions of the yard for storage, including Public Safety, Finance, Economic Development, Community & Recreation Services, Human Resources, and the City Manager’s Office.
For more than 30 years, the City has been part of a multi-jurisdictional planning effort to develop a major new transportation corridor called the Quarry Lakes Parkway.
Quarry Lakes Parkway will become an integral component of Union City’s Station District, creating a new transit, car, bicycle and pedestrian connection with the Union City BART Station. The first phases of the Quarry Lakes Parkway project – currently in design – include realigning 7th Street and the existing Line M channel. This will encroach into the current Corp Yard and reduce its yard area by nearly 10%.
CORPORATION YARD TODAY
City Council/RSA Agenda 252 Tuesday, July 9, 2024
2 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY In late 2023, the City commissioned a study to holistically evaluate the Corp Yard site and operations and to develop a master plan to optimize the site for continued service to Union City well into the future. Project objectives included:
▪ Determining impacts to Corp Yard site and operations from the new Quarry Lakes Parkway project
▪ Identifying current and potential future staffing and operations needs for departments based at, using, and
supporting the Corp Yard
▪ Evaluating each department’s current space use and
adjacencies and identify opportunities to improve workflow and efficiency
▪ Developing a new master plan vision for the Corp Yard and an associated implementation budget; and
▪ Proposing a potential phasing and implementation
timeline to enable the Corp Yard to remain operational
during construction of both the Quarry Lakes Parkway and the Corp Yard master plan vision.
This report summarizes the planning analysis and master plan vision for the Union City Corporation Yard that has emerged from the process.
1.2. PROJECT GOALS
Through the master planning process for the Corp Yard, several goals for the improved yard emerged that shaped the process’ analysis and decision making. These goals can be used as guiding principles through future design phases.
▪ The Corporation Yard is an essential facility – The Corp Yard is one of the City’s essential facilities during a disaster or emergency event, and infrastructure and resources on the site should be upgraded to create a more resilient and connected facility.
▪ Improve operational efficiency – The Corp Yard’s operations and efficiency should be enhanced, including vehicle and staff circulation, and to do so specific department and division needs should be evaluated and the organization of site facilities should be reviewed.
▪ Plan for future growth – The planning process should
consider near term and future staffing and space needs in order to develop a vision for the site that supports future plans and reduces the need for site redevelopment.
City Department Conex Storage
Dump Ramp + Bus Wash
UC Transit + Dumbarton Express
City Council/RSA Agenda 253 Tuesday, July 9, 2024
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1.3. METHODOLOGY
This plan was completed over approximately 6 months,
beginning in October 2023. The consultant team toured the existing Corp Yard site, accompanied by City Public Works representatives, to observe current spaces and discuss needs and opportunities.
City staff participated in the planning process through a variety of methods:
▪ Project Management Team (PMT) meetings – This core
working group included Public Works representatives
highly familiar with day-to-day Corp Yard operations. The PMT met six times over the course of the project.
▪ Workshops – Two staff workshops were facilitated, with representatives of multiple City departments serving as a sounding board for the project. Workshop participants reviewed and provided feedback on the needs analysis and master plan options.
▪ Needs survey – Managers and representatives of selected City departments and divisions were asked to complete
a survey about current and potential future staffing,
operations, equipment, and space needs.
▪ Follow-up interviews – These were conducted as needed with department representatives to review and confirm the information gathered through the needs survey.
City Council/RSA Agenda 254 Tuesday, July 9, 2024
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1.4. PROJECT PARTICIPANTS
The people listed below gave generously of their time to support the planning process.
Name/Role Project
Management Team
Workshops Interviews Technical
Meetings
Marilou Ayupan – Public Works
Director X X X
Bob Calderon – Public Works
Director X X X
Jose Gutierrez – Project Manager,
Supervising Construction Inspector X X X
Joan Malloy – City Manager X
Jennifer Phan – Deputy City Manager X
Tommy Cho – Principal Engineer X
Mario Vallejo – Information
Technology Director X
Steve Adams – Transit Manager X X
Jesus Bañuelos – Grounds Supervisor X X
Paul Roman – Streets Supervisor X X
Victor Gutierrez – Facilities Lead X X
Juan Dominguez Jr. – Fleet
Supervisor X
The planning effort was facilitated and developed by:
Group 4 Architecture, Research + Planning, Inc.
211 Linden Avenue, South San Francisco CA 94080
www.g4arch.com | (650) 871-0709
Jonathan Hartman, Principal-in-Charge
Jill Eyres, Associate Principal
Nicole Ghiselli, Architect / Job Captain
Aria Jiang, Designer
Mark Thomas
2833 Junction Avenue, Suite 110, San Jose, CA 95134
www.markthomas.com| (408) 453-5373
Shawn O’Keefe, PE, QSD, Principal + Vice President
Danielle Sanchez, PE, QSD, Project Manager
Joe Sarmiento, PE, QSD, Senior Project Engineer
City Council/RSA Agenda 255 Tuesday, July 9, 2024
5 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY
2. CORPORAT I O N Y A R D T O D A Y
This section summarizes the current functions, users, and layout of Union City’s Corporation Yard. This information was used as the baseline for the assessment of current and future needs, which is covered in Section 3 of this report.
2.1. DAY-TO-DAY OPERATIONS
2.1.1. UC TRANSIT
Union City (UC) Transit is the municipal transit operator serving the city. The transit system provides local routes and connections to regional networks including BART, AC Transit, and Dumbarton Express. UC Transit also provides paratransit services within Union City and limited service to destinations in Hayward, Fremont, and Newark.
The Corporation Yard currently provides parking for 18
UC Transit buses and 15 demand-response transit vans.
An additional 16 parking spaces at the yard are leased to Dumbarton Express, with a plan to lease the service 20 total spaces beginning in August 2024.
UC Transit currently has four City staff that work out of the Administration Building in the Corp Yard. Fifty-five contractor staff, including 44 contract drivers, report to the contractor modular building in the Corp Yard or to the bus maintenance facility in a nearby facility.
UC Transit + Dumbarton Express
Bus Wash
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6 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY
2.1.2. STREETS
The Streets Division maintains pavement and sidewalks,
provides street sweeping services, manages illegal dumping, creates and maintains street signage, performs street light servicing and maintenance, removes graffiti, and maintains the City’s storm drain system. Today the Streets Division employs 13 staff. The Supervisor’s office is in the Administration Building and other staff report to the Streets, Grounds, and Facilities shop building.
The Streets Division shop space includes office space, a briefing area, a sign shop and machine area, paint storage, and supply and equipment storage areas. The Streets Division also has various exterior storage areas, large equipment parking, material bunkers, a covered but open-air paint and stencil shop, illegal dumping storage areas, and a street sweeper garbage area on the site. The existing dump ramp in the Corp Yard is not usable by the City’s current street sweeper vehicles because of its slope and landing design.
2.1.3. GROUNDS
The Grounds Division maintains the landscaping of city parks, street trees and medians, City facilities, and walking trails throughout the city.
Today the Grounds Division employs 17 staff. The Supervisor’s office is in the Administration Building and other staff report to the Streets, Grounds, and Facilities shop building. The Grounds Division utilizes site space for grounds crew storage sheds, chemical storage, green waste bins, compost bins, material bunkers, and a small equipment parking area for mowers, stump grinder, root pruner, pressure washer, and other equipment used to perform their work.
With new development and added park space throughout the city, the Division has seen demand for their services grow and they are outgrowing their current space in the Corp Yard.
2.1.4. FACILITIES
The Facilities Division is responsible for servicing and maintaining all City buildings. Today the Facilities Division employs 3 staff, all of whom report to the Streets, Grounds, and Facilities shop building. The Facilities Division were not original tenants of the Corporation Yard at the time of its construction; it has had to carve out space for its needs over the years, including workspace and tool storage. The Division’s storage is located throughout the Corp Yard, including the Fleet Building mezzanine, multiple Conex boxes, and a storage shed, which is operationally inefficient.
Material Bunkers
Fleet maintenance building
Grounds crew sheds
Streets building interior
City Council/RSA Agenda 257 Tuesday, July 9, 2024
7 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY
2.1.5. FLEET
The Fleet Division is in charge of inspecting, maintaining, and repairing City vehicles and heavy equipment that is used at the Corp Yard and throughout the city. The Division operates out of the Fleet shop building, which includes vehicle maintenance bays, a parts storage room, tire storage, workspace, and mezzanine storage. Currently there is only one covered parking area on site for large equipment including the street sweeper and vactor, but other vehicles and equipment would benefit from protection from the elements to prolong their usable life and reduce ongoing maintenance needs.
2.1.6. GENERAL / SHARED
The Corporation Yard includes various facilities that are shared amongst multiple departments and divisions. These include the two buildings located closest to 7th Street, the Administration Building and the Break/Training Building.
The Administration Building provides the public facing entry to the Corporation Yard along with reception, administration specialists’ workstations, a conference room, Public Works Superintendent office, and supervising staff offices listed above. Breakroom, workroom, storage, and support spaces are provided.
The Break/Training Building includes restrooms, locker rooms, and showers for staff working in shop buildings and in the field, along with a fitness room and a breakroom space with kitchenette. The breakroom space includes a folding partition to allow the space to be divided so a meeting or training can occur simultaneously with breakroom functions. Located between the Administration and Break/Training buildings is an outdoor patio area with seating.
Other shared areas and facilities on the site include staff parking, fleet parking, fueling stations, a bus wash, a vehicle wash rack, a dump ramp, and a project staging area. Also on site are waste management areas for electronic waste, hazardous materials, various waste bins for metal, cardboard, tires, and recycling, as well as an auction area.
2.2 CITY STORAGE – PERIODIC ACCESS
A portion of the Corp Yard site is used for storage by other City departments, including:
▪ A fenced and secured storage lot for Public Safety’s use. ▪ More than 11 boxes/shipping containers used by various departments including Community and Recreation
Services, Economic & Community Development (Building,
Planning), Financial Services, Information Technology (ITS), and Office of Emergency Management.
Breakroom Patio
Breakroom + Training Space
Fleet maintenance building interior
City Department Conex Storage
City Council/RSA Agenda 258 Tuesday, July 9, 2024
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2.3. EXTERNAL USERS
By agreement with the City, certain areas and amenities at the Corp Yard are also accessed by select external users and partner agencies. These agreements are sources of revenue for the City at the Corp Yard:
▪ Dumbarton Express – parking for 16 buses at the Corp Yard currently and 20 buses by August 2024, as well as on-site refueling and bus wash facility use.
▪ Compressed Natural Gas Fueling Station – partner agencies can refuel their fleet vehicles at the Corp Yard.
2.4. CURRENT CORP YARD LAYOUT
Below is a site plan diagram showing the existing Corporation Yard facilities and spaces -- color-coded by City and external user, their layout, and the site’s fence line.
Fueling Stations
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3. CURRENT AND FUTURE NEEDS
This section summarizes information gathered from a variety of sources including needs survey responses submitted by City staff, site tours and observations, and discussions with City staff.
It is important to note that future needs for additional staff and related space are the opinions of Public Works staff based on their perspectives and experience; they have not been formally reviewed or approved by City Council. However, for the purposes of this master plan they are useful as a basis for understanding potential future space demand and for developing the master plan vision for the Corp Yard that is described in Section 4.
City Council/RSA Agenda 260 Tuesday, July 9, 2024
10 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS
3.1. SITE IMPACTS FROM QUARRY LAKES PARKWAY PROJECT
The Quarry Lakes Parkway project, currently in design, includes realigning 7th Street to connect to the new roadway and multi-modal path while realigning the existing Line M channel. The realigned street will encroach into the current Corp Yard and reduce its usable area by nearly 10% (approximately 38,600 SF), which is important to consider in the master plan vision.
The site areas most immediately impacted by this shift include the bus parking area, drive aisles, and storage areas currently occupied by Conex boxes. While the project is still in the design phase, Public Works staff are targeting early 2026 to begin relocating some site elements in anticipation of construction.
Diagram showing the existing Corp Yard and the draft new alignments for 7th Street (left of legend box) and the Line M channel and Quarry Lakes Parkway (bottom).
City Council/RSA Agenda 261 Tuesday, July 9, 2024
11 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS
3.2. DISASTER PREPAREDNESS, SAFETY, AND SECURITY
NEEDS
The Corporation Yard is one of the City’s essential facilities that needs to remain operational in an emergency event. The Corp Yard’s aging infrastructure and reduced site area require additional modifications to create a more resilient campus.
The Corp Yard’s current generator is undersized with limited capacity. A larger hybrid compressed natural gas generator would extend the power capacity to allow essential spaces and equipment to be usable and provide flexibility in fuel source.
Staff also report that communications and internet connectivity infrastructure is often unreliable, causing operational inefficiencies, challenges in perform their jobs effectively, and concern for reliable communications during emergency events.
Additionally, modifications are needed to improve safety and security within the yard. Desired safety measures include extending the public address system to out in the yard, where many staff are working, as well as within the buildings, improving site lighting, and adding security cameras throughout the yard.
3.3. SB 1383 COMPLIANCE NEEDS
In January 2022, California Senate Bill (SB) 1383 went into effect with the goal to reduce greenhouse gas emissions of shortlived climate pollutants, with compliance required by [date to be confirmed]. The measure’s intent is to reduce organic waste disposal to landfills to reduce methane emissions. Many of the Corp Yard’s waste facilities must be fitted with covers to comply with the state requirements.
3.4. GENERAL OPERATIONS + SHARED RESOURCES
NEEDS
The Administration Building workspaces currently function effectively but are reaching the capacity of their current layout and configuration. The anticipated addition of a Facilities Manager role to the Public Works Department will require identification of an office space for that staff member in the Administration Building. Additionally, janitorial services and IT equipment currently share a space and should be separated to protect the equipment and provide suitable space for janitorial needs.
The Break/Training Building’s restrooms and locker rooms will benefit from being updated in the future. The shop buildings also include restroom facilities, which staff have requested to be fitted with urinals.
The mezzanine levels of the Streets, Grounds, and Facilities and Fleet shop buildings, which are currently used for some storage, were highlighted as being underutilized. These spaces could be used more efficiently to meet operational storage needs.
Material Bunkers
Existing Generator
Unpaved Area
City Council/RSA Agenda 262 Tuesday, July 9, 2024
12 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS Vehicle circulation routes throughout the Corporation Yard are also shared space. Survey respondents highlighted that certain site areas are congested during peak use in the mornings and afternoons when staff are preparing to leave for and returning from field work.
The UC fleet staff vehicles are beginning to transition to electric vehicles, which will require regular charging.
Electric charging access and infrastructure will need to be considered as more work vehicles and equipment transition to electric. Transition to alternate fuel sources would require additional consideration of refueling needs, access, and infrastructure.
Needs survey respondents also highlighted the value of the existing solar canopies over some staff parking spaces, which help reduce campus electricity costs and protect vehicles from weather-related wear and tear.
There was interest expressed in being able to provide this treatment over additional parking spaces within the northern area of the site, or elsewhere over fleet vehicle parking spaces, to protect the City’s assets and reduce the need for maintenance related to exposure to the elements.
3.5. DEPARTMENT NEEDS
Department-specific needs are comprised of staffing-related space needs and operational and/or storage space needs. As mentioned earlier, it is important to note that future needs for additional staff and related space are the opinions of Public Works staff based on their perspectives and experience; they have not been formally reviewed or approved by the City Council.
City Council/RSA Agenda 263 Tuesday, July 9, 2024
13 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS
3.5.1. GROUNDS
STAFFING
The Grounds Division is currently the largest group within Public Works, with 17 staff including the Supervisor, 5 Leads, and 11 maintenance staff. With an increase in acreage of Cityowned landscaped areas, the Grounds Division identified needs to increase the number of maintenance staff it currently has as well as plan for additional staff to maintain increased public outdoor areas as the city grows.
SPACE NEEDS
The Grounds Division has outgrown its space in the Streets, Grounds, and Facilities shop building and requires additional covered small equipment parking and storage areas. Crew tool sheds are currently at capacity and increased staffing needs will require crew sheds to increase in size by approximately 50 percent. Additional staff will also require additional work trucks and parking spaces as well as more tools and small equipment.
The division also requires additional material, green waste, and compost bunkers that are covered to be compliant with SB 1383 requirements.
3.5.2. STREETS
STAFFING
The Streets Division is currently the second largest group within Public Works, with 13 staff including the Supervisor, Special Projects Coordinator, 2 street sweeper staff, 2 Street Maintenance Leads, and 7 maintenance staff. With existing infrastructure requiring ongoing maintenance, an increase in illegal dumping collections, and increases in developed areas with new streets and public spaces to be maintained, the Streets Division identified current needs for an additional Lead and additional maintenance staff. With the City’s current growth trajectory, the division expects to need an additional lead and 3 additional maintenance staff to keep up with increasing service demand.
SPACE NEEDS
The Streets, Grounds, and Facilities shop space has evolved over time to adapt to changing technology and space needs of the Public Works Department. A section of the carpentry shop area was divided to provide space for the Facilities Division, and additional partial height walls were added to define areas for the sign shop space. The current configuration of the shop space also does not function as effectively as it could for the Streets Division, with inadequate division of functions City Council/RSA Agenda 264 Tuesday, July 9, 2024
14 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS to separate noise, dust, and fumes, challenging circulation and workspaces for staff, and many storage areas that are at capacity or open to the elements resulting in damage to materials and security issues.
The Streets Division is also one of the largest users of yard space and shares some yard areas and infrastructure with the Grounds Division. The dump ramp, which is used by Streets and Grounds, is in need of redesign to allow it to be used by the street sweepers. Also, the dump ramp and other material and illegal dumping piles need to be covered for compliance with SB 1383 regulations. To accommodate the anticipated need for increased Streets staff, additional parking spaces for work trucks will be needed. Additional covered parking for large equipment including the paint truck, crack sealer, and graffiti buster is also needed to prolong the equipment’s lifespan.
3.5.3. FLEET
STAFFING
The Fleet Division is currently composed of the Supervisor and two heavy equipment mechanics. Fleet staff observations indicate that this staffing level currently works well to meet the City’s needs. However, as additional work trucks and equipment are added to the City’s fleet, it is projected that one additional heavy equipment mechanic will be needed to meet service demand.
SPACE NEEDS
The current Fleet shop building appears generally to be operationally effective, with well-sized work bays for servicing vehicles and sufficient storage. The existing office area would benefit from being reconfigured and upgraded for more
effective desk and computer work.
In the yard there is a need for additional covered parking areas to protect Fleet vehicles. To meet this need, there is a project underway to cover part of the secured area on the back side of the Fleet shop building. In the future, as fleet vehicles transition to electric or hydrogen fuel cell technology, the Corp Yard will need to accommodate associated charging and/or refueling infrastructure.
3.5.4. FACILITIES
STAFFING
The Facilities Division currently includes the Lead and two facilities maintenance staff, with one currently open maintenance staff position. The number of staff positions is currently sufficient to meet needs, according to Facilities staff, but it is anticipated that a Facilities Manager position would be a valuable future addition to assist with managing the Division’s workload and supporting administrative needs.
0 Facilities
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15 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS
SPACE NEEDS
The Facilities Division has infilled areas throughout the Corp Yard to meet their space needs, including their main workspace and tool storage in the Streets, Grounds, and Facilities Shop building and additional storage space in the Fleet shop building mezzanine and multiple Conex boxes. The Division also has storage spaces in City Hall. Having a consolidated storage and work area rather than multiple locations would allow Division staff to accomplish projects more efficiently.
3.5.5. TRANSIT
STAFFING
The Transit Division currently has 5 staff positions including the Transit Manager, Coordinator, Planner, and Analyst. The division also coordinates with the contract staff who manage the operations and maintenance of the UC Transit fleet. The Transit contractors employ 55 staff including maintenance, training, and operations management staff, road supervisors, dispatchers, 40 bus drivers, mechanics, and utility staff.
SPACE NEEDS
The Union City Transit Division has office space within the Administration Building, with a mix of private enclosed offices and office cubicles in the open workspace. The Division currently needs additional space for secure storage and, in the future, will need an additional cubicle workstation for a parttime transit staff position.
Contract transit operator staff work from the modular building that is located near the bus parking area in the southern portion of the Corp Yard. The transit modular also provides public facing services and, currently, visitors must enter the Corp Yard and walk across a drive aisle to reach the modular. The existing modular building is showing its age and management staff input indicates that it needs to be replaced to better accommodate contract staff needs. A planned new modular building would benefit from an additional restroom, training area, office, and secure storage. Also, a more secure and direct public entry for the modular that does not require visitors to enter the yard would improve security and safety for visiting patrons. In the near term, staff noted that improved exterior wayfinding signage is needed to help visitors navigate between the transit modular and the Administration Building to reach meetings with Public Works staff.
Maintenance contract staff currently work in an off-site facility with maintenance bays, parts storage, breakroom, and training room. Survey input highlighted that the maintenance bays at the off-site facility require vehicles to pull into and back out of bays, rather than being able to drive through the bays which is better operational practice. Staff also noted that the parts storage area is cramped due to the volume of parts stored.
City Council/RSA Agenda 266 Tuesday, July 9, 2024
16 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS The Transit fleet currently has nineteen 35-foot bus parking spaces, 15 demandresponse and paratransit van parking spaces, and 3 road supervisor staff vehicle parking spaces at the Corp Yard. Union City Transit is in the process of electrifying the bus and van fleet and is expecting to begin use of electric buses by mid-year 2025.
The Transit Division is currently in the process of planning for electric bus charging infrastructure in the yard.
3.5.6. INFORMATION TECHNOLOGY
STAFFING
No Information Technology Department (ITS) staff spaces are currently located at the Corporation Yard. ITS staff indicated that the department would benefit from a small staff workspace in a future fiber optic termination space at the Corp Yard which is discussed further below.
SPACE NEEDS
The Corp Yard is currently lacking effective internet connectivity. The yard is planned to be a hub site for fiber optic termination, which is a necessary step for installing a fiber optic network, and will require additional equipment and equipment racks to support connections. The current ITS room in the Administration Building also holds janitorial sinks and storage. ITS is in need of its own dedicated space, which should be secured and access-limited to ITS staff. ITS also has a Conex container in the yard area for storage of hardware that cannot be accommodated in City Hall storage.
Additional telecommunications spaces throughout the yard also require improvements. The intermediate distribution frame (IDF) communications room in the Streets, Grounds, and Facilities shop building required cabling to be secured from general access with a secure rack. An IDF space should be provided in the new transit contractor modular building to separate UC Transit contractor equipment, which is managed by contract staff, from Union City ITS equipment for better access security.
3.5.7. OTHER CITY DEPARTMENTS
As the Corp Yard is an essential City facility for emergency preparedness, the Office of Emergency Management has storage space on the site. It currently stores PPE supplies for City staff in a Conex box in the southern portion of the yard, and needs additional storage space to expand Shelter and POD equipment for future emergency preparedness and disaster management needs.
Other City departments also store materials, files, furniture, equipment, and other items in secured Conex boxes in the southern portion of the yard. Some of the storage boxes are accessed more frequently than others, and some have been adapted to optimize storage and manage climatic conditions in the boxes. Further assessment of the storage boxes at the Corp Yard could be performed to determine whether the stored material could be reduced or relocated out of the space-constrained yard.
City Council/RSA Agenda 267 Tuesday, July 9, 2024
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4. MASTER PLAN V I S I ON
4.1. BUILDOUT VISION
The Corporation Yard Master Plan’s buildout vision is designed to improve operational efficiency in the yard, modernize facilities, and accommodate the growth that is projected for the Public Works and City functions at the site.
The vision was developed to accommodate current and anticipated future Corporation Yard operations. Streets and Grounds divisions projected the greatest future staffing needs, and larger teams require additional shop space, equipment, and work vehicles. The buildout vision plans for a new Grounds shop building, renovating the existing shop building to accommodate a larger area for the Streets division, and consolidation of storage and workspace for the Facilities division. Both of the existing shop buildings’ workspaces, restroom spaces, and IT closets are to be renovated and upgraded to meet the divisions’ needs.
The new Grounds shop building is also anticipated to accommodate City Hall storage which is currently accommodated in the Conex boxes. The vision plan provides storage on the second floor of the building to reduce the building’s footprint and maintain efficient vehicle circulation routes in the back of the yard.
City Council/RSA Agenda 268 Tuesday, July 9, 2024
18 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION The buildout vision provides covered parking for fleet vehicles in the northern parking area, as well as a canopy for buses in the Transit area. Additional canopies will provide an added layer of protection from the elements for City equipment and fleet assets while providing the opportunity for additional photovoltaic energy generation.
The vision also includes adjustments to the site organization in response to the security wall shift and decrease in site area resulting from the Quarry Lakes Parkway project; essential upgrades to the yard for disaster preparedness; improved operational efficiency of the back yard area; and enhanced environmental stewardship through stormwater management and SB 1383-related improvements. More detail on the buildout vision elements is provided in the following sections discussing the proposed phasing of master plan improvements.
While Phase 1 Master Plan improvements are needed to prepare for the Quarry Lakes Parkway project and meet other priority needs, a timeline has not been established for the implementation of the Master Plan’s Phase 2 elements. Implementation timing for Phase 2 should be evaluated as needs and funding opportunities arise.
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4.2. PROPOSED PHASE 1
Phase 1 of the Master Plan buildout addresses current and near-term needs. Its scope focuses on accommodating and reorganizing Corporation Yard functions in a reduced site area due to the Quarry Lakes Parkway project, making essential upgrades to ensure the Corp Yard is resilient and prepared for a disaster, improving operations within the yard, and bringing the Corp Yard into compliance with SB 1383 requirements.
The Phase 1 improvements have been grouped below into four sub-phases for consideration of project budgeting, potential funding sources, and timing.
City Council/RSA Agenda 270 Tuesday, July 9, 2024
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4.2.1. PHASE 1A – SECURITY WALL SHIFT + EV BUS TRANSITION Phase 1A of the Master Plan includes the elements that must be relocated to accommodate the early phases of the Quarry Lakes Parkway project. Conex boxes and storage bins in the rear of the yard will be relocated in preparation for the construction of a new security wall at the site’s new southern boundary. The shifted wall will also require reconfiguration of the Transit area and elimination of one of the bus drive aisles. The recommended reconfiguration provides angled demand-response and emergency contingency bus parking along the new security wall and extends the existing bus pad parking to allow for a pass-through lane from the Gregory Way entry aisle for vehicle access.
The Phase 1A plan also includes the new transit contractor modular building. The building’s site will be relocated adjacent to the site fence facing 7th Street to allow public entry access directly to the building, eliminating the need for the public to enter the Corp Yard and improving security. With the loss of one bus drive aisle and reduction of the parking area for Transit vehicles, Dumbarton Express’s 40’ and future 45’ buses cannot be accommodated without significantly compromising the space needs of other Corporation yard functions. As such, the master plan assumes that Dumbarton Express will relocate to another site.
City Council/RSA Agenda 271 Tuesday, July 9, 2024
21 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION Construction of the new site security wall and associated demolition work outside of the new fence line is anticipated to be included as part of the Quarry Lakes Parkway project’s Phase 3 and therefore these costs are not included in preliminary cost models that were developed for this master plan.
4.2.2. PHASE 1B – DISASTER PREPAREDNESS +
ESSENTIAL UPGRADES
Phase 1B of the Master Plan encompasses the improvements that will enhance the Corporation Yard’s resiliency. The Corp Yard is one of the City’s facilities that supports disaster or emergency event response. Some of the infrastructure requires upgrading to support operations during critical events, including installation of a larger capacity hybrid CNG generator and providing fiber optic termination at the Corp Yard to improve internet connectivity. Other essential upgrades included in this phase are related to the security and safety of the campus: improving site lighting, updating security cameras and access control, and extending the public address (PA) system to reach the outdoor yard areas as well as the campus buildings.
4.2.3. PHASE 1C – IMPROVE OPERATIONAL EFFICIENCY
Phase 1C of the Master Plan includes the elements related to improving the yard’s operational efficiency. These include the reorganization of site features to improve vehicle circulation, consolidating waste and recycling materials, and consolidating material bunkers in the rear area of the yard. The dump ramp area will be moved to a new location and a new ramp will be constructed with a configuration that works for work trucks, street sweepers, and vactors. Grounds crew sheds will also be relocated and increased in size to accommodate the need for additional space to support current staff teams.
This phase also includes paving the rear area of the yard to support vehicle circulation and access and addressing current flooding issues in various areas of the campus. Lastly, an additional parking canopy behind the Streets, Grounds, and Facilities shop building will be constructed to provide protected parking for large and small equipment and vehicles that are sensitive to exposure to the elements.
4.2.4. PHASE 1D – SB 1383 (SHORT-LIVED CLIMATE
POLLUTANTS) COMPLIANCE
Phase 1D includes the improvements that address SB 1383 compliance. The state regulations require covered containers for waste materials. Corp Yard functions requiring cover include the green waste, hazardous material waste, illegal dumping materials, e-waste, and tire waste areas, the dump ramp and waste bins, the street sweeper garbage piles, and other recycling and waste bins.
City Council/RSA Agenda 272 Tuesday, July 9, 2024
22 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
4.3. PROPOSED PHASE 2
Phase 2 of the Master Plan buildout addresses longer-term needs related to anticipated staff increases and operations growth. Improvements grouped into this phase include new, upgraded, and reorganized shop buildings, new and upgraded work spaces and workstations, storage reorganization, and new covered parking and solar energy generation.
City Council/RSA Agenda 273 Tuesday, July 9, 2024
23 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
4.4. COST MODELS
Cost models were developed for the various components of the project to help the City evaluate phasing and plan for capital budgeting. The graphic below outlines the improvements that have been included and excluded in these preliminary cost models.
City Council/RSA Agenda 274 Tuesday, July 9, 2024
24 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
4.5. NEXT STEPS
This planning process confirmed the value that the Public Works Department, UC Transit, and the assets at the Corporation Yard provide to the community and the City. It is recommended that the City proceed with development of 10% concept design plans for the Master Plan’s Phase 1 scope to refine the program needs, further develop the buildout design, and prepare a more detailed cost model for the project with fewer unknown design elements. The City currently has funding for implementation of Master Plan Phase 1A, and additional funding opportunities should be explored to potentially implement other Phase 1 improvements.
City Council/RSA Agenda 275 Tuesday, July 9, 2024
City Council/RSA Agenda 276 Tuesday, July 9, 2024
City Council/RSA Agenda 277 Tuesday, July 9, 2024
Report and Presentation on the Public Works
Corporation Yard Impacts from the
Construction of Quarry Lakes ParkwayPhase 1, City Project No. 18-04 and the Corporation Yard Master Plan
July 9, 2024 - City Council Meeting
Marilou R. Ayupan, Public Works Director
Item 6a. City Council/RSA Agenda 278 Tuesday, July 9, 2024 2 Quarry Lakes Parkway Update
2 City Council/RSA Agenda 279 Tuesday, July 9, 2024
3 3
City Council/RSA Agenda 280 Tuesday, July 9, 2024
4 QUARRY LAKES PARKWAY, PHASES 1-4
City Council/RSA Agenda 281 Tuesday, July 9, 2024
5 QUARRY LAKES PARKWAY, PHASES 1 & 2
City Council/RSA Agenda 282 Tuesday, July 9, 2024
6 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
▪ Realign 7th Street along
Corp Yard to connect to
Chesapeake with new
Traffic Signal
▪ Reconstruct the Line M
Open Channel and Box
▪ Relocate & Reconstruct
Corp Yard Security Wall
City Council/RSA Agenda 283 Tuesday, July 9, 2024
7 PHASE 1: 7TH STREET CONNECTION
(Existing Line M Open Channel Alignment)
City Council/RSA Agenda 284 Tuesday, July 9, 2024
8 PHASE 1: 7TH STREET CONNECTION
(Proposed Line M Open Channel Realignment)
City Council/RSA Agenda 285 Tuesday, July 9, 2024
9 PHASE 1: 7TH STREET CONNECTION
(Proposed Line M Open Channel Realignment)
SECTION A-A
Ranges from 50 -100 feet Reduction to Southern Corp Yard Site City Council/RSA Agenda 286 Tuesday, July 9, 2024
10 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
Design Status:
▪ Confirming with Alameda County Flood Control District the hydraulics analysis and design criteria for aligned Line M Open Channel.
▪ Coordinating with Regulatory Agencies on QLP
corridor wide permit (wetlands, riparian, species &
waters).
▪ Coordinating with Alameda CTC on cost estimates,
design requirements and funding.
City Council/RSA Agenda 287 Tuesday, July 9, 2024
11 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
Requirements before Construction Phase:
▪ Approval by Alameda County Flood Control for
realigned Line M Open Channel and Hydraulics.
▪ Secured On-Site and Off-Site Regulatory Agencies
permits for QLP construction impacts to wetlands,
riparian, species & waters.
▪ Approval by Alameda CTC for funding and
implementation strategy
▪ Completion of Advance Corp Yard Site Improvements
City Council/RSA Agenda 288 Tuesday, July 9, 2024
12 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
New location of Corp Yard Security Wall will impact
maintenance operations. Will need to prepare Corp
Yard site in advance. City Council/RSA Agenda 289 Tuesday, July 9, 2024 Questions?
CORPORATION YARD
MASTER PLAN
RECOMMENDED MP VISION
CITY COUNCIL PRESENTATION
City of Union City | July 9, 2024
City Council/RSA Agenda 290 Tuesday, July 9, 2024
2Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
SITE UNDERSTANDING
City Council/RSA Agenda 291 Tuesday, July 9, 2024
AGENDA
1. Project Overview
2. Master Plan
Recommendations
3. Cost Models
4. Timing + Phasing
City Council/RSA Agenda 292 Tuesday, July 9, 2024
4Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 293 Tuesday, July 9, 2024
5Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 TASK 1 – PROJECT INITIATION
TASK 2 – NEEDS ASSESSMENT
TASK 3 – OPTIONS
TASK 4 – RECOMMENDATIONS
PROJECT OVERVIEW
City Council/RSA Agenda 294 Tuesday, July 9, 2024
6Union City Corp. Yard Master Plan City Council Presentation 7-09-
Project Goals + Objectives
2024
• Summarize existing corporation yard
operations + spaces
• Identify current and future Corp.
Yard staffing + space needs
• Evaluate options for accommodating
space needs + operations on smaller
Corp. Yard site
• Recommend Corp. Yard master plan
diagram, budget, and potential
implementation timeline
Opportunities
Corp. Yard as essential
facility / EOC
Improve corporation yard
work flow and efficiency –
e.g.:
Vehicular circulation
Parking
Storage
Move more city functions
to Corp. Yard (staff +
collaboration, support
spaces)
PROJECT OVERVIEW
City Council/RSA Agenda 295 Tuesday, July 9, 2024
7Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
SITE UNDERSTANDING
City Council/RSA Agenda 296 Tuesday, July 9, 2024
8Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
SITE UNDERSTANDING
City Council/RSA Agenda 297 Tuesday, July 9, 2024
9Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
PARTICIPATION SUMMARY
Public Safety
• (6) User Needs Surveys • (4) Follow-Up Interviews • (2) Staff Workshops • (5) Project Management Team Meetings
• (1) SMT Presentation • TODAY! – City Council
Presentation
City Council/RSA Agenda 298 Tuesday, July 9, 2024
10Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
STAFFING NEEDS
10 13 13 13
17 17
24 28
13 13
15 19
3 4
3 4
3 5
4 5
3 5
4 5
0 0
1 1
0 10
20 30
40 50
60 70
80 CURRENT COUNCIL APPROVED CURRENT NEED FUTURE NEED - 20 YR
UNION CITY PUBLIC WORKS
STAFFING NEEDS*
IT
UC Transit
Facilities
Fleet
Streets
Grounds
Public Works -
City Hall
49 57
64 75
* Estimated staffing needs;
Strategic plan process
needed to confirm
estimates
CURRENT COUNCIL
APPROVED
CURRENT
NEED
FUTURE
NEED –
City Council/RSA Agenda 299 Tuesday, July 9, 2024
20 YR
11Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 10 13 13 13
17 17
24 28
13 13
15 19
3 4
3 4
3 5
4 5
3 5
4 5
0 0
1 1
0 10
20 30
40 50
60 70
80 CURRENT COUNCIL APPROVED CURRENT NEED FUTURE NEED - 20 YR
UNION CITY PUBLIC WORKS
STAFFING NEEDS*
IT
UC Transit
Facilities
Fleet
Streets
Grounds
Public Works -
City Hall
STAFFING NEEDS
49 57
64 75
* Estimated staffing needs;
Strategic plan process
needed to confirm
estimates
CURRENT COUNCIL
APPROVED
CURRENT
NEED
FUTURE
NEED –
City Council/RSA Agenda 300 Tuesday, July 9, 2024
20 YR
12Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
INDOOR / SHOP SPACE
City Council/RSA Agenda 301 Tuesday, July 9, 2024
13Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 0 City Council/RSA Agenda 302 Tuesday, July 9, 2024
14Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 PHASE 1 SCOPE
1A
Security Wall shift; EV Bus
Transition
• Relocate Conex
• New Contractor Modular
building
• New man gate entry +
signage
• Reconfigured bus parking
• EV charging infrastructure
• Relocation of Dumbarton
Express Fleet (location TBD)
• Partially pave back yard
1B
Disaster Preparedness +
Essential Upgrades
• Improved site lighting
• Larger emergency generator
• Fiber termination @ Corp
Yard
• Updated security and safety
(cameras, access control,
public address system)
City Council/RSA Agenda 303 Tuesday, July 9, 2024
15Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 PHASE 1 SCOPE
1C
Improve Operational
Efficiency
• Flooding mitigation
• 4 additional material bunkers
• Partially pave back yard
• Relocate/ replace tool sheds
• Canopy-covered small
equipment storage
• New dump ramp
• Covered large equipment
parking
1D
SB 1383 compliance
E
• Covered material bunkers
• Covered compost bunker,
green waste
• Covered supply and
equipment storage
• Dump ramp canopy
City Council/RSA Agenda 304 Tuesday, July 9, 2024
16Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 305 Tuesday, July 9, 2024
17Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 PHASE 2 SCOPE
Anticipated future staff + operations growth
• Modernize shop restrooms
• Second wash rack
• Covered fleet parking
• City Hall storage incorporated in new shop building
• Solar canopy over buses
• Additional Transit work space
• New Grounds shop building
• Reorganized shop for expanded Streets, office, operations, and storage space
• Reorganized shop for expanded Facilities office, operations, and storage
City Council/RSA Agenda 306 Tuesday, July 9, 2024
18Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 MASTER PLAN PHASE 1
City Council/RSA Agenda 307 Tuesday, July 9, 2024
19Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 MASTER PLAN BUILDOUT 2City Council/RSA Agenda 308 Tuesday, July 9, 2024 20Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 309 Tuesday, July 9, 2024
21Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 City Council/RSA Agenda 310 Tuesday, July 9, 2024
22Union City Corp. Yard Master Plan City Council Presentation 7-09-2024 2024 2025 2026 2027
PROJECT TIMING
CORPORATION YARD
CONSTRUCTION
1A
DESIGN
QUARRY LAKES PARKWAY PROJECT
Escalation to midpoint of construction
PHASE 1B, 1C, 1D TIMING TBD DESIGN + CONSTRUCTION
QLP CONSTRUCTION
10% DESIGN
1A, 1B, 1C, 1D
FINAL DESIGN
1A
City Council/RSA Agenda 311 Tuesday, July 9, 2024
23Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
NEXT STEPS
Union City Corporation Yard
Master Plan Implementation
Phase 1 – (Category 1A, 1B, 1C, 1D)
Conceptual Design (10% Final Design)
Phase 1 (Category 1A) – Final Design +
Construction
City Council/RSA Agenda 312 Tuesday, July 9, 2024
24Union City Corp. Yard Master Plan City Council Presentation 7-09-2024
QUESTIONS
City Council/RSA Agenda 313 Tuesday, July 9, 2024
THANK YOU!
City Council/RSA Agenda 314 Tuesday, July 9, 2024
Agenda Item
DATE: 7/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION ADOPTING THE CITY OF UNION CITY FLAG POLICY
The City currently has flags located on various City properties throughout the City but lacks a policy regarding when and how the flags should be displayed. Additionally, the City occasionally receives requests to lower the flags at City buildings and properties to half-staff. As a result, staff prepared a proposed policy (the “Flag Policy”) for consideration by the Legislation & Policy Committee (the “Committee”). Following consideration, the Committee recommended approval of a policy and staff recommends that the City Council adopt a resolution adopting the Flag Policy.
STRATEGIC PLAN ALIGNMENT
This item aligns with Goal B. Governance and Organization Effectiveness of the Strategic Plan.
BACKGROUND
The City of Union City maintains flag poles that display the Unites States and California flags at various Cityowned buildings and properties. Additionally, the City flag is displayed at certain City properties. The City currently lacks a regulation or policy establishing guidelines to ensure the proper display of flags by City personnel. Additionally, the City occasionally receives requests to lower the flags at half-staff, but lacks a policy outlining when flags should be lowered.
Staff prepared a draft policy for consideration by the Committee on May 20, 2024. Following consideration and some minor revisions, the Committee voted to recommend approval of the Flag Policy to the City Council.
DISCUSSION
City Council/RSA Agenda 315 Tuesday, July 9, 2024
Staff prepared the draft Flag Policy to provide guidelines and ensure the proper display of flags by the City.
The proposed Flag Policy provides clarity for City staff, and it minimizes the need for staff to make subjective or qualitative determinations as to how flags should be displayed and when a flag may be lowered at City facilities or on City property.
As a baseline, the Flag Policy provides general policies for the flags flown at City owned buildings and properties. The Flag Policy provides that the City shall display the flag of the United States, the flag of the State of California, and the flag of the City of Union City at City Hall on a daily basis. Additionally, the City will display the flag of the United States, the flag of the State of California, and the flags of the branches of the United States Military at Veterans Memorial Park on a daily basis. Where multiple flags are flown on the same halyard, the United States flag is flown at the peak followed by the flag of the State of California flag and the flag of the City of Union City.
The stated objectives of the Flag Policy are to show respect for the heritage and patriotism of our country and ensure that flags are displayed at the proper time, in the proper manner.
Under the Flag Policy, flags are to be flown at full staff except under limited enumerated circumstances where they can be flown at half-staff. Some examples of instances where the flag may be flown at half-staff are the death of a current or former President of the United States, the death of a current or former Union City City Council member or City employee whose death occurred during the discharge of duty, the death of any Alameda County Public Safety Officer or Firefighter whose death occurred during the discharge of duty, and when prescribed by the President of the United States for a period of national mourning. The City Manager must notify City employees and the public of the reason for flying the flag at half-staff.
FISCAL IMPACT
There is no direct fiscal impact from adopting the proposed policy.
RECOMMENDATION
Staff recommends the City Counciladopt a resolution adopting the Flag Policy.
Prepared by:
Juliet Vaughn, Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
Description Type
Draft Resolution Resolution
Exhibit A - Flag Policy Exhibit
PowerPoint Presentation Attachment
City Council/RSA Agenda 316 Tuesday, July 9, 2024
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY ADOPTING THE CITY OF UNION CITY
FLAG POLICY
WHEREAS, the City of Union City currently lacks a clear policy as to the flying of various flags at city-owned buildings and other properties; and WHEREAS, City officials and staff from time to time receive requests to fly certain flags at City Hall or to fly the United States flag at half-staff; and WHEREAS, staff prepared a Flag Policy in order to provide clarity as to when and what type of flags may be flown at City buildings and properties, and when flags may be flown at halfstaff; and WHEREAS, on May 20, 2024, the Legislation and Policy Committee reviewed the Flag Policy and voted to recommend the policy for City Council consideration; and WHEREAS, the City of Union City now desires to adopt the Flag Policy to govern the display of flags on city-owned property, facilities, and buildings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby adopts the Flag Policy attached hereto as Exhibit A and incorporated herein by reference as the Flag Policy for the City of Union City.
City Council/RSA Agenda 317 Tuesday, July 9, 2024
Resolution No. XXXX-24
Establishing a Flag Policy
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9
th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Flag Policy
City Council/RSA Agenda 318 Tuesday, July 9, 2024
Exhibit A
UCCP #
Adopted: July X, 2024
CITY COUNCIL POLICY Page 1 of 2
Flag Policy
I. PURPOSE
The purpose of this policy is to establish guidelines to ensure the proper display of flags by City personnel.
II. POLICY
It shall be the policy of the City to display the flag of the United States, the flag of the State of California, and the flag of the City of Union City at City Hall on a daily basis. Additionally, it shall be the policy of the City to display the flag of the United States, the flag of the State of California and the flags of the branches of the United States Military at Veterans Memorial Park on a daily basis. The City may display the United States flag, the flag of the State of California, and the flag of the City of Union City at other locations and/or for special occasions provided it accomplishes the objectives stated and is done in accordance with the procedures established below.
III. OBJECTIVES
A. To show respect for the heritage and patriotism of our country.
B. To ensure that flags are displayed at the proper time, in the proper manner.
IV. PROCEDURE
A. When to display flags
Flags will be flown at all times and shall have a light focused on the colors.
B. How to display flags
1. Full and half-staff display. Flags shall be displayed at full staff, except when flown at half-staff on the following occasions:
a. Memorial Day (displayed at half-staff until noon and then raised to full staff).
b. When prescribed by the President of the United States for days of national mourning, or by the Governor of California.
c. When prescribed by the City Manager in accordance with the following guidelines (exceptions to these guidelines may be authorized by the City Manager for special circumstances):
(1) From the day of notification of the death of a City Council Member of the City of Union City, past or present, for a period of time designated by the City Manager.
City Council/RSA Agenda 319 Tuesday, July 9, 2024
Exhibit A
UCCP #
Adopted: July X, 2024
CITY COUNCIL POLICY Page 2 of 2
(2) From the day of notification of any City of Union City employee whose death occurred during the discharge of duty, for a period of time designated by the City Manager.
(3) From the day of notification of any Alameda County Public Safety Officer or Firefighter whose death occurred during the discharge of duty, for a period of time designated by the City Manager. d. Thirty days after the death of the President of the United States or former President.
e. Ten days after the death of the Vice-President of the United States, the Chief Justice, or the Speaker of the House of Representatives. f. From the day of death of an Associate Justice, a California Senator, the congressional Representative for Union City, the State Senator or Assembly person representing Union City, and the County Supervisor representing Union City, for a period of time designated by the City Manager.
g. The City Manager or designee shall notify employees and the public of the reason for lowering the flag.
2. Hoisting the Flag
a. Upon notification by the City Manager or designee, it shall be the responsibility of personnel at City facilities where flags are flown, to hoist briskly and lower the flags ceremoniously.
3. Displaying the United States flag with other flags
a. When the California State flag or other flag is flown on the same halyard as the United States flag, the latter shall be at the peak followed by the flag of the State of California flag and the flag of the City of Union City. b. When the California State flag or other flag is flown from adjacent staffs, the flag of the United States shall be hoisted first and lowered last. If flags or pennants are flown on separate staffs of equal height, the United States flag must be placed to the right when looking out from the City Hall.
c. If flags are flown at half-staff, all flags may be flown at half-staff with them.
City Council/RSA Agenda 320 Tuesday, July 9, 2024
CITY FLAG POLICY
City Council
July 9, 2024
City Council/RSA Agenda 321 Tuesday, July 9, 2024
2 Background
• The City currently lacks a policy establishing guidelines regarding the proper display of flags by City personnel.
• Additionally, the City occasionally receives requests to lower flags to half-staff but lacks a policy outlining when it is appropriate to do so.
• Staff prepared a draft policy for consideration of the Legislation and Policy Committee on May 20, 2024. The Committee considered the policy, provided some revisions, and voted to recommend approval of the Flag Policy.
City Council/RSA Agenda 322 Tuesday, July 9, 2024
3 Goals of the Flag Policy
• The goals of the draft Flag Policy are to provide:
o General policies regarding which flags are flown at City owned facilities and properties, and the order in which the flags are flown
o A specific list of occasions where lowering flags to half-staff is permitted o Clarity to staff on how flags should be displayed
City Council/RSA Agenda 323 Tuesday, July 9, 2024
4 Flag Policy Guidelines
• The flags of the United States, the State of California, and the City of Union City at City hall daily.
• The City will display the flags of the United States, the State of California, and the flags of the branches of the United States Military at Veteran’s Memorial Park daily. • Where multiple flags are flown, the United States flag is flown at the peak of the halyard, followed by the flag of California, following by the flag of Union City.
City Council/RSA Agenda 324 Tuesday, July 9, 2024
5 Flag Policy Guidelines Continued
• Flags are to be flown at full-staff, except for certain instances. Some examples of instances where flags can be lowered to half-staff are:
o Death of a current or former President of the United States o Death of a current of former Union City City Council member o Death of a Union City employee whose death occurred during the discharge of duty o On Memorial Day
o Times when prescribed by the President of the United States for a period of national mourning. • The City Manager may notify City employees and the public of the reason for flying the flag at halfstaff.
City Council/RSA Agenda 325 Tuesday, July 9, 2024
6 Recommendation
Staff and the City Attorney’s Office recommend that the City Council adopt a resolution adopting the City of Union City Flag Policy.
City Council/RSA Agenda 326 Tuesday, July 9, 2024