AGENDA
CITYOF UNION CITY/
SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCYMEETING
GARYSINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAIME PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, January 14, 2025
7:00 PM
CityHall - Council Chamber
34009Alvarado-Niles Road Union City, CA94587
1. CALL TO ORDER
1.1. Pledge ofAllegiance
1.2. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.1. Filipino National Historical Society (FANHS) - East Bay, Award Presented to Mayor Gary Singh
3.2. Introduction of New Employees
3.3. Employees of the Year (Police Department)
3.4. Employees of the Year (Public Works / Community Recreation Services)
3.5. Employees of the Year (General Government)
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda.
The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council. Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address.
Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.
City Council/RSA Agenda 1 Tuesday, January 14, 2025
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.1. Approve the December 10, 2024, City Council Special Meeting Minutes
5.2. Approve the December 10, 2024, City Council Regular Meeting Minutes
5.3. Approve the December 17, 2024, City Council Special Closed Session Minutes
5.4. Approve the January 7, 2025, City Council Special Closed Session Minutes
5.5. Adopt a Resolution Mandating Electronic Filing of Form 700 Statements
5.6. Adopt a Resolution Approving the Gann Appropriations Limit for Fiscal Year 2024-2025
5.7. Adopt a Resolution Authorizing the Acceptance of the Department of Justice’s Tobacco Grant Program Funds, in the Total Amount of $112,227.00, for Fiscal Years 2025-2026, 2026- 2027, and 2027-2028
5.8. Adopt a Resolution Authorizing the City Manager to Execute the Fourth Amendment to the Consulting Agreement with PGA
Design Inc., in the Amount of $25,000, for a Total Contract Amount Not to Exceed $206,658, for Construction Support Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29
5.9. Adopt a Resolution Authorizing the Purchasing Agent to Declare Transit Vehicle 654 as Surplus and Authorize Its Disposal Pursuant to the Union City Municipal Code
5.10. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Alameda County Transportation
Commission Project Funding Agreement No.A22-0053 to Accept an Additional $801,191, for a Total PFAof $5,001,191, for the Final Design of Phases 1 and 2 for the Quarry Lakes Parkway Project, City Project No. 18-04, and Amending the FY 2024-2025 Capital Projects Fund Budget
6. PUBLIC HEARINGS - None
7. CITYMANAGER REPORTS
7.1. Receive a Report on the Status of Station District Development and Infrastructure Projects
7.2. Adopt a Resolution Authorizing the City Manager to Submit an Allocation Request to the Metropolitan Transportation
Commission (MTC) from the Regional Measure 3 Dumbarton
Corridor Improvements Program, in the Amount of $3,507,000, and Accepting Alameda County Transportation Commission's Designation of the City of Union City as Implementing Agency for Quarry Lakes Parkway, City Project No. 18-04
7.3. Adopt a Resolution Approving an Exception to the 180-Day Waiting Period for Post-Retirement Employment and Approving an EmploymentAgreement with RetiredAnnuitant Corina Hahn
7.4. Adopt A Resolution Approving An Amendment To The
Compensation And Benefit Plan For Unrepresented Employees City Council/RSA Agenda 2 Tuesday, January 14, 2025
And Approving An Amendment To The City’s Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5
7.5. Adopt a Resolution Approving an Amendment to the
Employment Agreement with Jared Rinetti to Serve as Police Chief and Amending the City's Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5
8. SUCCESSOR AGENCYTO REDEVELOPMENT AGENCY- None
9. AUTHORITIES AND AGENCIES - None
10. CITYCOMMISSION / COMMITTEE REPORTS - None
11. ITEMS REFERRED BYCOUNCIL
12. GOOD OF THE ORDER
13. CLOSED SESSION - None
14. ADJOURNMENT
MEETING INFORMATION
Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.
Meetings can also be observed via Zoom: https://unioncity-org.zoom.us/j/81719037355 | Passcode: u8SH9cH^
Meetings are broadcasted live on UCTV Channel 15 and live-streamed on the City's website: https://www.unioncity.org/199/City-Meetings-Video.
Public Comment: Members of the public cannot provide comments via Zoom unless specifically permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in person, unless prohibited by law.
Public Records: Documents related to the agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City's Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.
Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting.
Closed captioning is available for all regular City Council meetings.
ADDRESSING THE CITYCOUNCIL
In-Person Public Comment:
Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.
Written Comment:
To submit written comments on an agenda item or during Public Comment, please email: [email protected]. Include "public comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City City Council/RSA Agenda 3 Tuesday, January 14, 2025
Council and made publicly available.
Public Comment via Zoom:
As noted above, the public may not address the Council via Zoom unless required by AB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.
CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23;Adopted May23, 2023)
The City Council of the City of Union City comply with the following norms:
1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.
6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.
7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.
8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.
9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.
10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.
11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.
City Council/RSA Agenda 4 Tuesday, January 14, 2025
May these Council Norms be administered and enforced in the following manner:
1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.
2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.
3. The City Council can review and revise the Council Norms as needed.
4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.
CERTIFICATION OF MEETING NOTICE AND AGENDAPOSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council/RSA Agenda 5 Tuesday, January 14, 2025
Agenda Item
City Council/RSA Agenda 6 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 7 Tuesday, January 14, 2025
In Recognition of Gloria Gruz,
2024 POLICE DEPARTMENT Employee of the Year
WHEREAS, Gloria Cruz began her career with the City of Union City in 2006 and has worked in the Records Unit of the Police Department since 2006; and
WHEREAS, in her current capacity as a records Supervisor, she is responsible for handling public records requests, police report requests, purging outdated files, triaging front counter complaints, data entry and processing records, completing court packets, managing Department of Justice (DOJ) requirements, and records related training and department-wide records compliance; and WHEREAS, Gloria Cruz has played a key role in the Police Department’s success through her consistency, hard work, and willingness to get better. She continues to learn, adapt and evolve with the constant change associated with police records requirements, and due to her consistency, the police department is always within compliance during annual audits; and WHEREAS, Gloria Cruz demonstrates exceptional organizational and recordkeeping skills essential to her role as a records supervisor, and she leverages her skills to enhance the processes and procedures of the records unit; and
WHEREAS, Gloria Cruz has also taken on essential projects such as helping train the department with the transition from UCR to NIBRS, as well as helping with the transition from Tiburon to Pro-phoenix records management system; and
WHEREAS, during Gloria Cruz's career in the City, she consistently demonstrated a strong work ethic, maintained a positive attitude, and contributed to the police department through her participation in various functions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby express its appreciation to Gloria Cruz for her service to the City of Union City and extends to her congratulations for the honor bestowed upon her as the 2024 POLICE DEPARTMENT Employee of the Year.
DATED: January 14, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember City Council/RSA Agenda 8 Tuesday, January 14, 2025 Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 9 Tuesday, January 14, 2025
In Recognition of Erin Ewing,
2024 Community & Recreation Services / Public Works
Employee of the Year
WHEREAS, Erin Ewing began her career with the City of Union City in the Community & Recreation Services Department as an Aquatics Lifeguard in 1999 and advanced to the position of Aquatics Program Manager, where she served until 2010; In 2012, after a two-year hiatus, Erin returned to the City of Union City and Community & Recreation Services as a Recreation Leader for the Mark Green Sports Center, until she was promoted to a Regular Part-Time Program Coordinator, specializing in Aquatics, from 2013-2021; and WHEREAS, Erin Ewing, in her current capacity as a Program Coordinator, is responsible for the City’s Arts Programs and facilitating various forms of art projects, events, and exhibitions at Studio 11, which allows members of the community to share, explore, and continue to build a strong platform for the Arts locally; she coordinates the City’s Utility Box Mural Art program, working alongside the Art and Culture Commission; and in 2024, she spearheaded the successful San Francisco Opera event in Kennedy Park, opening for new opportunities for arts special events in the future; she also coordinates the City’s new Nature Program, with the assistance of volunteers, provides Nature Programming to create a clean, and sustainable environment for Union City residents and community members; and
WHEREAS, Erin possesses innovative, talented, and organizational skills critical to her job and uses those skills to help improve community programming and events and displays outstanding attributes that make for an exceptional employee for Union City; and
WHEREAS, Erin has also taken on important special projects such as collaborating with Community Closet to provide opportunities for families to embrace donations, assisting the San Francisco Opera in bringing two performances to Kennedy Park; and
WHEREAS, during Erin’s career at the City, she has received numerous compliments and accolades from City staff members and vendors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby express its appreciation to Erin Ewing for her service to the City of Union City and extends to her congratulations for the honor bestowed upon her as the 2024 Community & Recreation Services / Public Works Employee of the Year.
DATED: January 14, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 10 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Attachment
City Council/RSA Agenda 11 Tuesday, January 14, 2025
In Recognition of Brian Gallagher,
2024 GENERAL GOVERNMENT Employee of the Year
WHEREAS, Brian Gallagher began his career with the City of Union City in the Information Technology Department in 2003; and
WHEREAS, in his current capacity as a Senior Systems Analyst, he is responsible for project planning, architecture design, program implementation, and management of the City technology software and infrastructure services; and
WHEREAS, Brian has played a key role in the design and deployment of all the major technological changes in the City since he started with the Information Technology Department; and WHEREAS, Brian possesses an unwavering customer focus and an inspirational ability to support his team, he always makes himself available, is a steady presence during stressful times, is always there when someone needs guidance or a helping hand; and
WHEREAS, Brian has also taken on important projects such as the IT lead for the implementation of the new Finance and HR system, Tyler Munis; and
WHEREAS, during Brian’s career at the City he has received numerous compliments and accolades from department staff and his team for his outstanding contributions and commitment to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby express its appreciation to Brian Gallagher for his service to the City of Union City and extends its congratulations for the honor bestowed upon him as the 2024 GENERAL GOVERNMENT Employee of the Year.
DATED: January 14, 2025
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor
LANCE NISHIHIRA, Councilmember
JAIME PATIÑO, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 12 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 13 Tuesday, January 14, 2025
December 10, 2024 | 6:00 PM Page 1 of 3
City Council / Successor Agency
Special Meeting Minutes
MINUTES
CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, December 10, 2024 | 6:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:02 PM.
1.1. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes
2. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. There being no speakers, Mayor Dutra-Vernaci closed Oral Communications.
City Council/RSA Agenda 14 Tuesday, January 14, 2025
December 10, 2024 | 6:00 PM Page 2 of 3
City Council / Successor Agency
Special Meeting Minutes
3. CONSENT CALENDAR
Motion: Approve the Consent Calendar.
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER:Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
3.1. Adopt a Resolution Approving and Adopting the Memorandum of Understanding Between the City of Union City and the Union City Police Officers’ Association for the Period of January 1, 2025, Through December 31, 2027, Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City and Approving an Amendment to the City’s Salary Schedule in Conformance with California Code of Regulations, Title 2, Section 570.5
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6402-24
3.2 Adopt A Resolution Approving And Adopting The Memorandum Of Understanding Between The City Of Union City And The Union City Police Management Association For The Period of January 1, 2025 Through December 31, 2027, Authorizing The City Manager To Execute The Memorandum Of Understanding On Behalf Of The City And Approving An Amendment To The City’s Salary Schedule In Conformance With California Code Of Regulations, Title 2, Section 570.5
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6403-24
3.3 Adopt a Resolution Approving Amendments to the City's Classification and Compensation Plan for Unrepresented Part-Time, Seasonal, and Temporary Employees to Implement the Increase in the California Minimum Wage Which Goes into Effect on January 1, 2025, in Conformance with California Code of Regulations, Title 2, Section 570.5 A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6404-24
4. CITY MANAGER REPORTS
4.1. Adopt a Resolution Receiving and Accepting the Audited Financial Statements for the Fiscal Year Ended June 30, 2023 (FY 2022-2023) Finance Director Acosta gave staff presentation and responded to questions from council members.
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
City Council/RSA Agenda 15 Tuesday, January 14, 2025
December 10, 2024 | 6:00 PM Page 3 of 3
City Council / Successor Agency
Special Meeting Minutes
Motion: Adopt a resolution receiving and accepting the audited financial statements for the Fiscal Year ended June 30, 2023 (FY 2022-2023).
RESULT: Pass
MOVER: Councilmember Singh
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None
Enactment No.: Resolution No. 6405-24
5. CLOSED SESSION
There were none.
6. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:10 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 16 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Resolution
City Council/RSA Agenda 17 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 1 of 6
City Council / Successor Agency
Regular Meeting Minutes
MINUTES
CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, December 10, 2024 | 7:00 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:06 PM.
1.1. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.
1.2. Roll Call
Attendee Name Present
Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Yes
Yes
Yes
Yes
Yes
2. UNFINISHED BUSINESS
There was none.
3. CEREMONIAL ITEMS
3.1. Adopt a Resolution Declaring the Results of the General Municipal Election Held on November 5, 2024
City Clerk Pham provided staff presentation.
City Council/RSA Agenda 18 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 2 of 6
City Council / Successor Agency
Regular Meeting Minutes
Mayor Dutra-Vernaci opened Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.
Motion: Adopt a resolution declaring the results of the General Municipal Election held on November 5, 2024.
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Sakakihara
AYES: Councilmembers Patiño, Sakakihara,
Singh, Vice Mayor Wang, and Mayor
Dutra-Vernaci
NOES: None
ABSENT: None
Enactment No.: Resolution No. 6404-24
3.2. Proclamation Honoring Mayor Dutra-Vernaci, Public Comment, and Farewell Remarks
District Representative Barbara Ledesma Rhinehalt from Senator Aisha Wahab’s Office, State Assemblymember Liz Ortega, and District Director Rodney Loche from Alameda County Board of Supervisor Elisa Marquez’s Office provided commendations to Mayor Dutra-Vernaci. City Manager Malloy read aloud a proclamation honoring Mayor Dutra-Vernaci. Economic Development Manager Ortega and Public Works Director Ayupan provided gifts to the outgoing mayor.
Mayor Dutra-Vernaci opened Public Comment. The following speakers spoke on this item:
Craig Roberts
Susie Garcia
Cheris Crocker-Root
Sarabjit Kaur Cheema
Golden Shao
Kashmir Singh Shah
Michael Hannon
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.
Mayor Dutra-Vernaci provided her farewell remarks.
3.3. Adjourn Sine Die
The council adjourned sine die.
3.4. Recess for Refreshments for Outgoing and Incoming Mayor and Council Member
The council recessed.
3.5. Oath of Office, Installation, and Incoming Remarks of Newly Elected Mayor
Mayor Dutra-Vernaci reconvened the meeting. State Assemblymember Liz Ortega administered the ceremonial Oath of Office to incoming Mayor Singh.
City Clerk Pham provided the Oath of Office prior to the meeting. Former Mayor City Council/RSA Agenda 19 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 3 of 6
City Council / Successor Agency
Regular Meeting Minutes
Dutra-Vernaci stepped down from the dais and exited the Chambers, and Mayor Singh took the mayor’s seat at the dais.
Mayor Singh provided incoming remarks.
Mayor Singh opened Public Comment. Shamsa Rafay spoke on the item.
There being no further speakers, Mayor Singh closed Public Comment.
3.6. Oath of Office, Installation, and Incoming Remarks of Newly Elected Councilmember
Tina Nishihira administered the ceremonial Oath of Office to incoming Councilmember Nishihira. City Clerk Pham provided the Oath of Office prior to the meeting.
Councilmember Nishihira provided incoming remarks from the dais.
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
3.7. Roll Call
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Sakakihara
Councilmember Wang
Mayor Singh
Yes
Yes
Yes
Yes
Yes
3.8. Adopt a Resolution Confirming the Selection of Vice Mayor for Calendar Year 2025
Mayor Singh nominated Councilmember Sakakihara to be Vice Mayor for Calendar Year 2025.
Councilmember Sakakihara commented that requesting a rotating schedule of Vice Mayor selection. Councilmember Patiño made a point-of-order stating that this request should be referred directly to the Legislation and Policy Committee for further discussion. His request received majority support.
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
Motion: Adopt a resolution confirming the selection of
Councilmember Sakakihara as Vice Mayor for Calendar Year 2025.
RESULT: Pass
MOVER: Councilmember Sakakihara
SECONDER: Councilmember Patiño
AYES: Councilmembers Nishihira, Patiño,
Sakakihara, Wang, and Mayor Singh
NOES: None
ABSENT: None
Enactment No.: Resolution No. 6405-24
City Council/RSA Agenda 20 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 4 of 6
City Council / Successor Agency
Regular Meeting Minutes
3.9. Adopt a Resolution to Confirm Council Assignments to Various Boards and Commissioner For Calendar Year 2025
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
Motion: Adopt a resolution to confirm Council Assignments to Various Boards and Commissions for Calendar Year 2025.
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Wang
AYES: Councilmembers Nishihira, Patiño,
Wang, Vice Mayor Sakakihara, and
Mayor Singh
NOES: None
ABSENT: None
Enactment No.: Resolution No. 6406-24
4. PROCLAMATION AND PRESENTATIONS
There were none.
5. ORAL COMMUNICATIONS
Mayor Singh opened Oral Communications. The following individuals spoke on items that were not on the agenda:
Mary Anne
Isaiah Saluta
Charmaine Lagasa
Roberta Ryan
Jordan Ilagan
Sarabjit Kaur Cheema
There being no further speakers, Mayor Singh closed Oral Communications.
6. CONSENT CALENDAR
Motion: Approve the Consent Calendar.
RESULT: Pass
MOVER: Councilmember Wang
SECONDER:Councilmember Patiño
AYES: Councilmembers Nishihira, Patiño, Wang, Vice Mayor Sakakihara, and Mayor Singh
NOES: None
ABSENT: None
6.1. Approve the November 26, 2024, City Council Special Closed Session A motion was made to approve the minutes.
6.2. Approve the November 26, 2024, City Council Regular Meeting Minutes A motion was made to approve the minutes.
City Council/RSA Agenda 21 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 5 of 6
City Council / Successor Agency
Regular Meeting Minutes
6.3. Adopt a Resolution Adopting the 2025 City Council Meeting Schedule A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6407-24
6.4. Adopt a Resolution Accepting the Annual Reports for Fiscal Year 2023- 2024 Concerning Sources and Uses of Development Impact Fees Pursuant to Government Code Section 66000, et seq., and Making Certain Findings Related Thereto
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6408-24
6.5. Adopt a Resolution Accepting the 5-Year Reports for Fiscal Year 2019- 2020 Through 2023-2024 Concerning Sources and Uses of Development Impact Fees Pursuant to Government Code Section 66000, et seq., and Making Certain Findings Related Thereto
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6409-24
6.6. Adopt a Resolution Establishing Authority to Open and Maintain Accounts, Signature Authority, and Authorization to Transfer Funds Using Online Banking Services for the City’s Accounts at Fremont Bank A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6410-24
6.7. Adopt a Resolution Authorizing the City Manager to Execute the First Amendment to the Consulting Services Agreement with 4Leaf, Inc., in the Amount of $100,000, for a Total Not-to-Exceed Amount of $174,950, for Encroachment Permit Inspection Services
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 6411-24
7. PUBLIC HEARINGS
There were none.
8. CITY MANAGER REPORTS
There were none.
9. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.
10. AUTHORITIES AND AGENCIES
There were none.
11. CITY COMMISSION / COMMITTEE REPORTS
There were none.
City Council/RSA Agenda 22 Tuesday, January 14, 2025
December 10, 2024 | 7:00 PM Page 6 of 6
City Council / Successor Agency
Regular Meeting Minutes
12. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported on League of California Cities.
Councilmember Sakakihara had nothing to report.
Councilmember Wang had nothing to report.
Councilmember Nishihira had nothing to report.
Mayor Singh reported on the Finance Committee and Economic Development Advisory Team. He requested the City Council receive updates from the City Manager regarding the EDAT progress and development plans for warehouses and commercial buildings.
13. GOOD OF THE ORDER
Councilmember Nishihira had nothing to report.
Councilmember Wang announced the Union City Chamber of Commerce Christmas Tree Lighting event on December 13, 2024, at 5:30 PM, to be held at the Old Alvarado Park. He encouraged the community to attend and bring ornaments to help decorate the trees.
Vice Mayor Sakakihara congratulated former Mayor Dutra-Vernaci for her years of public service and commended Mayor Singh and Councilmember Nishihira in their election.
Councilmember Patiño reported on a meeting with Economic Community Development Director Campbell and Deputy City Manager Phan regarding signage improvements for the Old Alvarado area. He also shared that he attended the Bay Bombs Car Club Toy Drive and the Knights of Columbus Christmas Potluck with Mayor Singh and Councilmember Wang.
Mayor Singh stated that he attended the Knights of Columbus Christmas celebration, the Union City Tennis Club event, the New Year’s celebration and a Christmas celebration hosted by the South Indian community.
14. CLOSED SESSION
There were none.
15. ADJOURNMENT
Mayor Singh adjourned the meeting at 9:16 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary for the Successor Agency to the Redevelopment Agency City Council/RSA Agenda 23 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 24 Tuesday, January 14, 2025
December 17, 2024 | 5:00 PM Page 1 of 2
City Council
Special Closed Session Minutes
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL CLOSED SESSION
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, December 17, 2024 | 5:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Singh called the meeting to order at 5:00 PM.
2. ROLL CALL
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Sakakihara
Mayor Singh
Yes
Yes (Remote)
Yes
Yes
Yes
3. ORAL COMMUNICATIONS
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
City Council/RSA Agenda 25 Tuesday, January 14, 2025
December 17, 2024 | 5:00 PM Page 2 of 2
City Council
Special Closed Session Minutes
4. CLOSED SESSION
4.1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6
Agency Designated Representatives:
Joan Malloy, City Manager
Jason Castleberry, Human Resources Director
Jeff Bailey, IEDA Labor Negotiator
Employee Organizations:
Service Employees International Union Local 1021
No reportable action.
5. REPORT OUT OF CLOSED SESSION
Mayor Singh reported on the items referenced above.
6. ADJOURNMENT
Mayor Singh adjourned the meeting at 5:45 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 26 Tuesday, January 14, 2025
Agenda Item
ATTACHMENTS:
Description Type
Action Minutes Attachment
City Council/RSA Agenda 27 Tuesday, January 14, 2025
January 7, 2025 | 5:00 PM Page 1 of 2
City Council
Special Closed Session Minutes
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL CLOSED SESSION
GARY SINGH, Mayor
SCOTT SAKAKIHARA, Vice Mayor (District 4)
LANCE NISHIHIRA, Councilmember (District 1)
JAMIE PATIÑO, Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
Tuesday, January 7, 2025 | 5:00 PM
City Hall - City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Singh called the meeting to order at 5:01 PM.
2. ROLL CALL
Attendee Name Present
Councilmember Nishihira
Councilmember Patiño
Councilmember Wang
Vice Mayor Sakakihara
Mayor Singh
Yes
Yes
Yes
Yes
Yes
3. ORAL COMMUNICATIONS
Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.
City Council/RSA Agenda 28 Tuesday, January 14, 2025
January 7, 2025 | 5:00 PM Page 2 of 2
City Council
Special Closed Session Minutes
4. CLOSED SESSION
4.1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6
Agency Designated Representatives:
Joan Malloy, City Manager
Jason Castleberry, Human Resources Director
Jeff Bailey, IEDA Labor Negotiator
Employee Organizations:
Service Employees International Union Local 1021
No reportable action.
5. REPORT OUT OF CLOSED SESSION
Mayor Singh reported on the items referenced above.
6. ADJOURNMENT
Mayor Singh adjourned the meeting at 5:51 PM.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 29 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION OF THE CITYCOUNCIL OF UNION CITYMANDATING ELECTRONIC FILING OF FORM 700 STATEMENTS
EXECUTIVE SUMMARY
The California Political Reform Act mandates that public officials file Form 700 to disclose economic interests.
Assembly Bill (AB) 1170, effective September 2024, specifically requires electronic filings for AB 87200 filers, promoting improved filing integrity, reduced administrative burden, and enhanced public access.
The City of Union City has successfully implemented Granicus SouthTech to facilitate electronic filing of Form 700 Statements. While electronic filing has been encouraged, paper submissions are still accepted. To align with AB 1170 and best practices, staff recommends mandating electronic filing for all designated Form 700 filers, with allowances for paper filing exceptions granted by the City Clerk.
STRATEGIC PLAN ALIGNMENT
This policy aligns with Goal B: Governance and Organization Effectiveness, by reinforcing transparency, streamlining administrative processes, and ensuring compliance with state laws and ethical standards.
BACKGROUND
The California Political Reform Act requires public officials to file Form 700 to disclose economic interests that could present potential conflicts. AB 1170, effective September 2024, establishes a framework for mandatory electronic filing for AB 87200 filers, emphasizing efficiency, security, and accessibility.
Union City has utilized Granicus SouthTech to support electronic filing, offering a secure and reliable platform.
While electronic submissions have been encouraged, paper filings have been accepted to accommodate all filers. To align with AB 1170, the City now seeks to make electronic filing the default standard for Form 700 submissions, with allowances for exceptions under certain circumstances.
DISCUSSION
Requiring electronic filing will:
Align the City with AB 1170: This ensures compliance with statewide standards for electronic submissions and demonstrates Union City’s commitment to best practices.
Enhance administrative efficiency: Electronic filings reduce the time and resources needed to process, archive, and retrieve paper submissions.
City Council/RSA Agenda 30 Tuesday, January 14, 2025
Promote transparency: By standardizing filing methods, the City will ensure greater accessibility and public confidence in the disclosure process.
Paper filing exceptions will be permitted by the City Clerk for filers encountering technical challenges or other barriers.
FISCAL IMPACT
There is no significant fiscal impact. The existing Granicus SouthTech system supports electronic filing, and ongoing maintenance is budgeted. The transition will ultimately reduce administrative costs associated with paper submissions.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution requiring all designated Form 700 filers to submit their filings electronically, with exceptions for paper filings permitted at the discretion of the City Clerk.
Prepared by:
Thai Nam Pham, City Clerk
Submitted by:
Thai Nam Pham, City Clerk
ATTACHMENTS:
Description Type
Draft Resolution Resolution
City Council/RSA Agenda 31 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY MANDATING ELECTRONIC FILING OF FORM 700 STATEMENTS OF
ECONOMIC INTERESTS WITH EXCEPTIONS PERMITTED BY THE
CITY CLERK
WHEREAS, the California Political Reform Act, Government Code Section 81000 et seq., requires public officials and designated employees to disclose economic interests via Form 700 Statements; and
WHEREAS, Assembly Bill 1170, effective September 6, 2024, mandates electronic filing for AB 87200 filers to enhance efficiency, transparency, and accessibility; and
WHEREAS, the City of Union City has implemented a secure and reliable electronic filing system to facilitate compliance with state filing requirements; and WHEREAS, adopting a mandatory electronic filing policy aligns Union City with the requirements of AB 1170 and best practices for governmental ethics and transparency; and
WHEREAS, the City Clerk will retain discretion to permit paper filings under certain circumstances to accommodate technical or accessibility challenges.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby mandate electronic filing of Form 700 Statements of Economic Interests for all designated filers under the City’s Conflict of Interest Code, effective January 14, 2025, with exceptions for paper filing permitted at the discretion of the City Clerk.
City Council/RSA Agenda 32 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Mandating Electronic Filing of Form 700 Statements
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14
th day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 33 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION APPROVING THE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the Gann Appropriations Limit for Fiscal Year 2024-2025.
STRATEGIC PLAN ALIGNMENT
This staff report aligns with Goal A: Financial Stability and Sustainability.
BACKGROUND
State law requires that each fiscal year every city in California prepares a calculation to determine the City’s maximum allowed appropriations, called the Gann Appropriations Limit. The formula used to make these calculations involves adjusting the City’s previous appropriations limit by factors tied to: 1) the change in California per capita personal income or the change in non-residential new construction within the City, and 2) the population change in Union City or in Alameda County. Once calculated, cities are not permitted to spend more than the calculated limit. The population and per capita personal income factors are provided by the California Department of Finance and the change in non-residential new construction in the City is provided by HdL.
DISCUSSION
The Fiscal Year 2023-2024 appropriations limit for the City of Union City was $206,847,088. For Fiscal Year 2024-2025, that amount has been adjusted by the following factors – the change in non-residential new construction (+14.00%) and the change in population in Alameda County (-0.54%). The new appropriations limit for Fiscal Year 2024-2025 is $234,532,329. The Adopted Fiscal Year 2024-2025 citywide budget is $164,745,825 which is significantly under the Fiscal Year 2024-2025 appropriations limit of $234,532,329.
Therefore, the City is in compliance with state law.
The calculation of the FY2024-2025 GannAppropriations Limit is shown below:
CITYOF UNION CITY
GANN APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2024-2025
City Council/RSA Agenda 34 Tuesday, January 14, 2025
Appropriations Limit for FY2023-2024 $206,847,088
Change Factors to apply to previous year:
Change in Non-Residential New Construction 14.00%
Change in Non-Residential New Construction 14.00 + 100 = 1.14 converted to a ratio 100
Change inAlameda County Population -0.54%
Change inAlameda County Population -0.54 + 100 = 0.9946 converted to a ratio 100
Calculation of Change Factor for FY2024-2025 1.14 X 0.9946 = 1.133844 Appropriations Limit for FY2024-2025 $234,532,329
Change inAppropriations Limit $27,685,241
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Gann Appropriations Limit for Fiscal Year 2024-2025.
Prepared by:
Jackie Acosta, Finance Director
Submitted by:
Jackie Acosta, Finance Director
ATTACHMENTS:
Description Type
Draft Resolution Resolution
City Council/RSA Agenda 35 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION
CITY APPROVING THE GANN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025
WHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, the City of Union City has calculated its Gann Appropriations Limit for Fiscal Year 2024-2025; and
WHEREAS, the annual adjustment factors used in the calculation of the City’s Gann Appropriations Limit for Fiscal Year 2024-2025 are the change in Union City’s Non-Residential New Construction (+14.00%) and the change in Alameda County’s population (-0.54%); and
WHEREAS, the Gann Appropriations Limit has been calculated in accordance with State law and for Fiscal Year 2024-2025 is $234,532,329; and WHEREAS, the calculation of the Gann Appropriations Limit for Fiscal Year 2024-2025 is attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby select the following factors for use in calculating the Gann Appropriations Limit for Fiscal Year 2024-2025 - the change in Union City’s NonResidential New Construction (+14.00%) and the change in Alameda County’s population (-0.54%); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby approve the Gann Appropriations Limit for Fiscal Year 2024-2025 of $234,532,329.
City Council/RSA Agenda 36 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approving Gann Appropriation Limit for FY 24-25
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on 14th of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Gann Appropriations Limit for FY 2024-2025 City Council/RSA Agenda 37 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approving Gann Appropriation Limit for FY 24-25
Exhibit A
CITY OF UNION CITY
GANN APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2024-2025
Appropriations Limit for FY 2023-2024 $206,847,088
Change Factors to apply to previous year:
Change in Non-Residential New
Construction 14.00%
Change in Non-Residential New
Construction
14.00 +
100 = 1.14
converted to a ratio 100
Change in Alameda County Population -0.54%
Change in Alameda County Population
-0.54 +
100 = 0.9946
converted to a ratio 100
Calculation of Change Factor for FY 2024-
2025 1.14 X 0.9946 = 1.133844
Appropriations Limit for FY 2024-2025 $234,532,329
Change in Appropriations Limit $27,685,241
City Council/RSA Agenda 38 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DEPARTMENT OF JUSTICE’S TOBACCO GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $112,227.00, FOR FISCAL YEARS 2025-2026, 2026-2027 AND 2027-2028
EXECUTIVE SUMMARY
The Union City Police Department (UCPD) applied for funds from the Department of Justice’s Tobacco Grant Program. Subsequently, UCPD was awarded $112,227.00 in grant funds to be spent in the 2025-2026, 2026- 2027 and 2027-2028 fiscal years. The intent of the program is to educate retailers and enforce laws related to illegal sales or marketing of tobacco products, including Union City’s ban on flavored tobacco (Ordinance No. 919-24; Municipal Code Section 5.42).
STRATEGIC PLAN ALIGNMENT
Citywide Strategic Plan- C: Economic, Community Development and Public Safety.
Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
C.10: Align public safety services with community needs based on a data driven decision-making approach.
BACKGROUND
The sale of tobacco products to youth, especially flavored tobacco products, poses significant dangers to their health and well-being. Flavored tobacco is particularly concerning, as its sweet flavors appeal to young people and mask the harshness of traditional tobacco, making it easier for them to start using these products.
Nicotine, found in most tobacco products, is highly addictive and can negatively affect adolescent brain development, impairing attention, learning, and impulse control. Furthermore, youth tobacco use is linked to long-term respiratory issues, heart disease, and an increased risk of various cancers. Preventing youth access to tobacco is crucial in reducing these health risks and curbing the initiation of lifelong addiction. Additionally, increased teen tobacco use in Union City, reported by teachers at New Haven Unified School District, highlights a growing problem needing urgent attention.
Based on the above listed factors, UCPD applied for funds from the Department of Justice’s Tobacco Grant Program. The grant consists of a 36-month Tobacco Enforcement program beginning in FY 2025-2026 with funding aimed at tackling tobacco-related issues and enforcement. Our proposal described a program seeking to significantly reduce the sale of tobacco products to youth and minors, through targeted minor decoy operations, shoulder tap operations, and undercover buys. Our proposal included using grants funds for a City Council/RSA Agenda 39 Tuesday, January 14, 2025
Community Service Aide (CSA) assigned to our Community Oriented Policing Unit, who would dedicate a percentage of their time to retailer education, inspections and enforcing applicable laws.
In October of 2024, UCPD received notification from DOJ that we were awarded funds through the above listed grant, in the amount of $112,227.00. The funds would be distributed over the course of three years and will fund the following items:
33 annual retailer inspections
6 annual minor decoy operations
6 annual shoulder tap inspections (approaching adults and asking them to purchase tobacco products) 6 annual undercover buys of flavored tobacco
4 officers per year will receive education about tobacco laws and ordinances DOJ provided a Tobacco Grant Budget Detail which described how the money should be distributed between the 2025-2026, 2026-2027 and 2027-2028 fiscal years (see below):
AwardAmount
Category of Expenditure
Budget
FY2024-
2025
Budget
FY2025-
2026
Budget
FY2026-
2027
Budget
FY2027-
2028
Personnel Services $0 $33,554 $35,004 $36,526
Operating Expenses and
Equipment
$0 $600 $600 $600
Administrative Costs (Not to
Exceed 5%)
$0 $1,707 $1,780 $1,856
Total By Fiscal Year $0 $35,861 $37,384 $38,982
TOTALAWARD AMOUNT $112,227
DISCUSSION
The use of the Tobacco Grant Program funds will provide the necessary resources to allow UCPD to conduct additional enforcement that would not typically occur due to budgetary constraints. The additional revenue will be used in various ways, including regular pay, benefits and overtime expenses for one of our five authorized CSA’s, whose responsibilities would now include facilitating inspections of all tobacco retailers in the city. The monies will also be used for other equipment/supplies and to conduct multiple compliance/enforcement operations and on-going retailer education. Overall, the citizens of Union City will benefit from the acceptance of this grant funding.
FISCAL IMPACT
If accepted, the Tobacco Grant Program funding of $112,227.00, will be included in the 2025-2026, 2026- 2027 and 2027-2028 PD Grants Fund budgets.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the acceptance of the Department of Justice’s (DOJ) Tobacco Grant Program funds, in the total amount of $112,227.00, for Fiscal Years 2025- 2026, 2026-2027 and 2027-2028.
Prepared by:
Chief Jared Rinetti
Submitted by:
City Council/RSA Agenda 40 Tuesday, January 14, 2025
CaptainAndrew Holt
ATTACHMENTS:
Description Type
Draft Resolution Resolution
City Council/RSA Agenda 41 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
DEPARTMENT OF JUSTICE’S TOBACCO GRANT PROGRAM FUNDS,
IN THE TOTAL AMOUNT OF $112,227.00, FOR FISCAL YEARS 2025- 2026, 2026-2027 AND 2027-2028
WHEREAS, UCPD was awarded a total of $112,227.00 in grant funds from the Department of Justice’s Tobacco Grant Program to be spent in the 2025-2026, 2026- 2027 and 2027-2028 fiscal years; and
WHEREAS, the intent of the program is to educate retailers and enforce laws related to illegal sales of tobacco products, including enforcing prohibitions on flavored tobacco, per Union City Ordinance No. 919-24 (Municipal Code Section 5.42); and WHEREAS, the program is also intended to significantly reduce the sale of tobacco products to youth and minors, through retailer education, targeted minor decoy operations, shoulder tap operations, and undercover buys; and WHEREAS, the sale of tobacco products to youth, especially flavored tobacco products, poses significant dangers to their health and well-being. Flavored tobacco is particularly concerning, as its sweet flavors appeal to young people and mask the harshness of traditional tobacco, making it easier for them to start using these products.
Nicotine, found in most tobacco products, is highly addictive and can negatively affect adolescent brain development, impairing attention, learning, and impulse control.
Furthermore, youth tobacco use is linked to long-term respiratory issues, heart disease, and an increased risk of various cancers; and
WHEREAS, the use of the Tobacco Grant Program funds will provide the necessary funding to allow UCPD to conduct additional enforcement that would not typically occur due to budgetary constraints. The additional revenue will be used in various ways, including regular pay, benefits, and overtime expenses for one of our five authorized Community Service Aides (CSA), whose responsibilities would be enforcement and facilitating inspections of all tobacco retailers in the city. The monies will also be used for other equipment/supplies and to conduct multiple compliance operations and on-going retailer education; and
WHEREAS, staff recommends acceptance of this funding as the Department of Justice’s Tobacco Grant Program award will provide the necessary funding to allow the UCPD to enhance public safety efforts through enforcement that would not typically occur due to budgetary constraints, including facilitating retailer education and directed enforcement and inspections; and
WHEREAS, the grant funds will be used in Fiscal Years 2025-2026, 2026-2027 and 2027-2028, in accordance with the requirements outlined in the grant; and WHEREAS, the City Council desires for the City to accept these grant funds.
City Council/RSA Agenda 42 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Acceptance of DOJ Tobacco Grant Program Funds
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the Department of Justice’s Tobacco Grant Program funds in the amount of $112,227.00; and
BE IT FURTHER RESOLVED that the City Council of the City Union City hereby directs staff to include these grant funds in the FY 2025-2026, 2026-2027, and 2027-2028 PD Grants Fund revenue and expenditure budgets in the amounts of $35,861, $37,384 and $38,982, respectively; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute any and all documents necessary to accept the grant in a form approved by the City Attorney and take any other such actions as are necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 43 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION AUTHORIZING THE CITYMANAGER TO EXECUTE THE
FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH PGA DESIGN INC., IN THE AMOUNT OF $25,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $206,658, FOR CONSTRUCTION SUPPORT
SERVICES FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $25,000, for a total contract amount not to exceed $206,658, for construction support services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The Union City Boulevard Bike Lanes Project, City Project No. 17-29, will complete over two miles of buffered Class II bike lanes along Union City Boulevard (UCB) from the Alameda County Flood Control Channel at the Fremont/Union City boundary to Smith Street in Union City (and will serve as the San Francisco Bay Trail in Union City). The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Streets” improvements at all intersections, including traffic signal modifications, as well as a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school. Additional improvements include a dedicated right-turn lane into the school, streetlight modifications, roadway drainage improvements, and landscape improvements at various locations.
DISCUSSION
City Council/RSA Agenda 44 Tuesday, January 14, 2025
On September 21, 2021, the City entered into a Consulting Services Agreement, C5794, with PGA Design Inc. (“Agreement”), in the amount of $45,000, for development of landscape concepts that will be incorporated in the Final Design Plans prepared by Engineering Consultant, Kimley-Horn and Associates.
On July 1, 2022, the City entered into the First Amendment to the Agreement, C5794b, in the amount of $28,458, for a total contract amount of $73,458, for preparation of the Arborist Report of existing trees along Union City Boulevard.
On April 11, 2023, the City Council adopted Resolution No. 6101-23, approving the Second Amendment to the Agreement, in the amount of $68,200, for a total contract amount of $141,658, for preparation of the Landscape Plans, to include landscape improvements along Union City Boulevard at the City’s southern gateway at Lowry Drive intersection, landscape enhancements at the Dyer Street intersection, tree replacement between Jean Drive and Dyer Street and landscape enhancements at the Alvarado Boulevard intersections.
On August 8, 2023, the City Council adopted Resolution No. 6182-23, approving the Third Amendment to the Agreement, in the amount of $40,000, for a total contract amount of $181,658, to prepare Final Landscape Plans and Specifications for Advertisement and Design Service during Construction.
During the project bidding process, additional landscape improvements were identified, and the City authorized PGA Design Inc. to develop additional landscape plans using the Design Service during Construction fund.
The Fourth Amendment to the Agreement, in the requested amount of $25,000, if approved, will increase the total contract to an amount not to exceed $206,658, and will allow PGA Design Inc. to provide Tree Replacement Design Services and to continue to provide Construction Support Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
FISCAL IMPACT
The Fourth Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $25,000, will be funded with Measure BB Bike & Ped funds in account number 2546-35-30-310-3150- 091729-54110 which are included in the approved Budget for Fiscal Year 2024-2025.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with PGA Design Inc., in the amount of $25,000, for a total contract amount not to exceed $206,658, for construction support services for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29.
Prepared by:
Tommy Cho, Principal Civil Engineer
Submitted by:
MarilouAyupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - FourthAmendment Attachment
Draft Resolution Resolution
City Council/RSA Agenda 45 Tuesday, January 14, 2025
FOURTH AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5794)
THIS FOURTH AMENDMENT (the “Fourth Amendment”) is effective as of this 14th day of January 2025, by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and PGA Design Inc., ("Consultant"), collectively referred to as the "Parties".
W I T N E S S E T H:
WHEREAS, on September 27, 2021, the Parties entered into a Contractual Services Agreement (C5794) for landscape architectural services for Union City Boulevard Bike Lanes Project, City Project No. 17-29, (C5794) (“Agreement”) wherein the Consultant will provide the City with services for the Public Works Department; and
WHEREAS, on July 1, 2022, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C5794b, to provide additional services to prepare tree survey report; and WHEREAS, on April 11, 2023, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C5794c, to provide additional services to prepare final landscape plans and specifications; and
WHEREAS, on August 8, 2023, the Parties entered into a Third Amendment to the Agreement (“Third Amendment”), C5794d, to provide additional services to prepare final landscape plans and specifications; and
WHEREAS, the Parties now desire to further amend the Agreement to expand the scope of services to be provided by the Consultant for tree replacement design services as part of the UC Bike Lane Project and to provide further support for the construction phase; and WHEREAS, the City and Consultant desires to enter into this Fourth Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The Scope of Services, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Fourth Amendment, attached hereto and incorporated herein by reference.
2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Twenty-Five Thousand Dollars ($25,000) as detailed in Exhibit A. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Two Hundred Six Thousand Six Hundred Fifty-Eight Dollars ($206,658). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed Two Hundred Six Thousand Six Hundred Fifty-Eight Dollars ($206,658), not withstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement.
City Council/RSA Agenda 46 Tuesday, January 14, 2025
Fourth Amendment to the Consulting Services Agreement
between City of Union City and PGA Design Inc.
3. All other provisions of the Agreement (as previously amended), remain unchanged except as modified by this Fourth Amendment.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY PGA DESIGN INC.
By By
Joan Malloy Christopher W. Kent
City Manager Principal
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 47 Tuesday, January 14, 2025
Fourth Amendment to the Consulting Services Agreement
between City of Union City and PGA Design Inc.
EXHIBIT A
ADDITIONAL SERVICES REQUEST
for
Union City Boulevard Construction Phase
The additional construction support budget augmentations are required as follows:
1) Tree replacement design services due to additional trees removed during construction phase at the shared multi-path near Delaine Eastin School.
This services are for additional fee to cover the plan revisions need to add new trees to the project to replace the dozen trees that were removed as a result of bike land construction. It was realized during construction that these trees needed to be removed. The plans showed them to remain. The trees will be selected from the City’s Tree List. Irrigation modifications will be made to ensure they are properly irrigated.
2) Additional budget augmentation for construction support services.
Because there were additional design services performed during bidding phase for the shared path, City authorized this services utilizing construction support services fund. Project is now in construction phase (approximately 30% construction complete) and additional funds are required to respond to Contractor's inquiries, particularly there was no as-builts for planting and irrigation system. As contractor confirms location of existing irrigation system, a review/revisions to the irrigation system is required.
Budget requested is $6,000 for Task 1 and $19,000 for Task 2, totaling $25,000.00.
All other provisions of our original agreement are not affected by this additional services request. Thank you for your attention to this matter. We look forward to continuing with the project.
City Council/RSA Agenda 48 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FOURTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH PGA
DESIGN INC., IN THE AMOUNT OF $25,000, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED
$206,658, FOR CONSTRUCTION SUPPORT SERVICES
FOR THE UNION CITY BOULEVARD BIKE LANES
PROJECT, CITY PROJECT NO. 17-29
WHEREAS, the Union City Boulevard Bike Lanes Project, City Project No. 17-29, will complete over two miles of buffer Class II bike lanes along Union City Boulevard (UCB) from the Alameda County Flood Control Channel in the City of Fremont to Smith Street in the City of Union City (and will serve as the San Francisco Bay Trail in the City of Union City); and
WHEREAS, the improvements include the rehabilitation of the pavement within the project limits and will include “Complete Street” improvements at all intersections, including traffic signal modifications, as well as a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school; and
WHEREAS, the improvements also include a dedicated right-turn lane into the Delaine Eastin Elementary School, streetlight modifications, roadway drainage improvements, and landscape improvements at various locations; and WHEREAS, on September 21, 2021, the City entered into a Consulting Services Agreement, C5794 (“Agreement”) with PGA Design Inc., in the amount of $45,000, for Landscape Architectural Design Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, for development of landscape concepts that will be incorporated in the Final Design Plans prepared by Engineering Consultant, KimleyHorn and Associates; and WHEREAS, on July 1, 2022, the City entered into the First Amendment to the Agreement, C5794b, in the amount of $28,458, for the preparation of the Arborist Report, for a total contract amount of $73,458; and
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 6101-23, approving the Second Amendment to the Agreement, in the amount of $68,200, for a total contract amount of $141,658, for the Preparation of the Landscape Plans to be included in the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on August 8, 2023, the City Council adopted Resolution No. 6182- 23, approving the Third Amendment to the Agreement in the amount of $40,000, for a total contract amount of $181,658, to prepare Final Landscape Plans and Specifications for Advertisement and Design Service during Construction; and City Council/RSA Agenda 49 Tuesday, January 14, 2025
Resolution No. XXXX-25
Approve Fourth Amendment to CSA with PGA
WHEREAS, during the project bidding process, additional landscape improvements were identified, and the City authorized PGA Design Inc. to develop additional landscape plans using the Design Service during Construction fund; and WHEREAS, the Fourth Amendment to the Agreement, in the requested amount of $25,000, if approved, will increase the total contract to an amount not to exceed $206,658 and will allow PGA Design Inc. to provide Tree Replacement Design Services and to continue to provide Construction Support Services for the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
WHEREAS, the Fourth Amendment to the Agreement will be funded with Measure BB Bike & Ped funds in account number 2546-35-30-310-3150-091729-54110, which are included in the approved Budget for Fiscal Year 2024-2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with PGA Design Inc., of Oakland, CA, which increases the current contract by $25,000, bringing the total contract to an amount not to exceed $206,658, for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 50 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE PURCHASING AGENT TO DECLARE TRANSIT VEHICLE 654 AS SURPLUS AND AUTHORIZE ITS DISPOSAL
PURSUANT TO THE UNION CITYMUNICIPAL CODE
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution declaring Transit Vehicle 654 as surplus and authorizing its disposal pursuant to the Union City Municipal Code.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The Transit Division has a vehicle that has exceeded its useful life of twelve (12) years per the Federal Transit Administration (FTA) guidelines of twelve (12) years or 500,000 miles.
Year Make Model VIN/Serial # City Unit
#
Ending
Mileage
2008 Orion VII 1VHGF3W2786704475 654 415,113
The vehicle has been fully depreciated, and its replacement is on order with an expected delivery date in October 2025.
DISCUSSION
The listed vehicle has been determined to be no longer suitable for transit use due to its poor condition and estimated costs to repair. Any repair estimate for the vehicle to keep it in service would exceed the estimated amount expected from its sale at auction.
Pursuant to provisions of Union City’s Municipal Code, staff will dispose of the surplus vehicle, likely at auction.
Any proceeds received from the auction of the vehicle will be deposited to the Transit Fund and the transaction included in the annual disposition report to the City Council of surplus supplies and equipment.
City Council/RSA Agenda 51 Tuesday, January 14, 2025
FISCAL IMPACT
There will be no impact to the City’s General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution declaring Transit Vehicle 654 as surplus and authorize its disposal pursuant to the Union City Municipal Code. Any proceeds from the disposal of the vehicle will be credited to the Transit Fund (Fund 5110).
Prepared by:
Steve Adams, Transit Manager
Submitted by:
MarilouAyupan, Public Works Director
ATTACHMENTS:
Description Type
Draft Resolution - Surplus Vehicle Resolution
City Council/RSA Agenda 52 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE PURCHASING AGENT
TO DECLARE TRANSIT VEHICLE 654 AS SURPLUS AND
AUTHORIZE ITS DISPOSAL PURSUANT TO THE UNION
CITY MUNICIPAL CODE
WHEREAS, Union City Transit has one (1) transit vehicle, Transit Vehicle 654, that is no longer suitable for transit use due to its poor condition and estimated costs to repair; and
WHEREAS, Union City Transit Vehicle 654 has met and exceeded the Federal Transit Administration (FTA) useful guidelines of twelve (12) years or 500,000 miles; and WHEREAS, Union City Transit has its replacement on order with an anticipated delivery date of October 2025; and
WHEREAS, pursuant to provisions of Union City’s Municipal Code Section
2.32.250, after City Council action, staff will dispose of the surplus vehicle pursuant to the Municipal Code, and likely at auction; and
WHEREAS, any proceeds received from the disposal of the vehicle will be credited to the Transit Fund (Fund 5110), and the transaction will be included in the annual disposition report to the City Council of surplus supplies and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City herby adopt a resolution declaring Transit Vehicle 654 as surplus.
City Council/RSA Agenda 53 Tuesday, January 14, 2025
Resolution No. XXXX-25
Declaring Transit Vehicle 654 As Surplus
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14
th day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 54 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE ALAMEDA COUNTY TRANSPORTATION
COMMISSION (ALAMEDA CTC) PROJECT FUNDING AGREEMENT (PFA) NO.
A22-0053 TO ACCEPT AN ADDITIONAL $801,191, FOR A TOTAL PFA OF $5,001,191, FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR
THE QUARRY LAKES PARKWAY (EAST WEST CONNECTOR) PROJECT, CITY PROJECT NO. 18-04, AND AMENDING THE FY 2024-2025 CAPITAL PROJECTS
FUND BUDGET
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute Amendment No. 2 to the Alameda County Transportation Commission (Alameda CTC) Project Funding Agreement (PFA) No. A22-0053, to accept an additional $801,191, for a total PFA of $5,001,191, for the Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, and amending the FY2024-2025 Capital Projects Fund budget.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 3: Facilitate the build out of the greater Station District Area through the construction of Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian rail crossing and sale and development of City-owned land.
BACKGROUND
The Quarry Lakes Parkway project was previously known as the East West Connector roadway. The original project traversed Fremont and Union City from Mission Boulevard to I-880 and was sponsored by the Alameda County Transportation Commission (Alameda CTC). Progress on the project moved slowly.
Eventually, Alameda CTC offered the project to the City, and on March 22, 2018, the Alameda CTC approved the request from the City of Union City to be the project sponsor of the former East West Connector Project and identified the following tasks for the City to complete:
1. Complete the final design of the current 2011 roadway design plans;
2. Prepare a traffic study update
3. Determine if an update, amendment or addendum is required for the approved 2009 East West Connector EIR
4. Coordinate with transit agencies (BART, Alameda County Transit (AC Transit), Dumbarton Express and City Council/RSA Agenda 55 Tuesday, January 14, 2025
Union City Transit), adjacent cities, and pedestrian and bicycle advocacy groups to ensure the design meets the needs of those interests, in terms of connectivity, safety and related concerns
5. Execute project (design review) agreements with BART and Union Pacific for the grade separations at BART, Oakland Subdivision and Niles Subdivision
6. Update the overall project cost estimate
7. Report back to the Commission upon completion of this work Union City became the Project Sponsor, and was now responsible for the design, right-of-way certification and construction of the project. To manage the project more easily, it was broken into segments, or phases, as shown in Attachment 1. Phases 1-4 are in Union City and extend from Mission Boulevard to Old Alameda Creek. Phase 5 extends from Old Alameda Creek to Paseo Padre Parkway, crossing properties that are in both Union City and Fremont. The portion of the project known as Decoto Complete Streets is solely within Fremont and is managed by Fremont. Union City and Fremont are now working together to implement each portion of the project that is in their respective city.
As the first step in meeting the tasks outlined by Alameda CTC in August 2018, the City Council adopted Resolution No. 5374-18, which authorized the City Manager to execute the East West Connector Project Funding Agreement (PFA) No. A18-0046, in the amount of $2.5 million, with Alameda CTC. The $2.5 million would be used to update the cost estimate and complete the other tasks.
Once Union City assumed the project, the City Council adopted Resolution No. 5444-19, which authorized renaming the I-880 to Mission Boulevard/East West Connector Project to the Quarry Lakes Parkway (QLP) Project. This was done to reflect the roadways updated purpose as a local, multimodal corridor.
Union City continued to work on the tasks requested by Alameda CTC at the March 2018 meeting, and on November 19, 2020, City staff, in partnership withAlameda CTC staff, presented a detailed progress report to Alameda CTC. Staff conveyed how each of the tasks had been completed, except for finalizing the East West Connector plans. The outdated 2011 East West Connector plans that the City was to complete did not meet current design standards for bicyclists and pedestrians. Nor did the plans meet the most recent design and engineering criteria for roadway design, seismic structures, railroad design and other project elements.
Extensive redesign and engineering analysis was necessary to bring the plans up to date.
As a result of the presentation in November 2020, and based on Alameda CTC staff recommendations, Alameda CTC adopted Resolution No. 20-013 to allow the East West Connector/Quarry Lakes Parkway Project to move forward with the following funding parameters:
1. Commit the remaining balance of 1986 Measure B funding for the East West Connector (I-880 to Mission Blvd) Project to the Quarry Lakes Parkway Project ($69.0 million) sponsored by Union City and acknowledging that the commitment fulfills the 1986 Measure B funds from the 1986 Transportation Expenditure Plan
2. Allocate $4.2 million of 1986 Measure B funds to complete the Final Design of Phase 1 (7 th Street
Connection) and Phase 2 (Gateway Connection)
3. Allocate $17.8 million of 1986 Measure B funds to complete the Final Design of Phase 3 (11 th Street
Connection) and Phase 4 (Grade Separations & Alvarado-Niles Connection) with the condition that full funding for all phases of the segment will be identified in the funding agreement
4. Authorize the Executive Director to execute appropriate funding agreements with Union City for the design of Phases 1, 2, 3 and 4 of the Quarry Lakes Parkway Project up to the amount allocated in the design phases for each segment
With these criteria from Alameda CTC, the City has continued to move the project ahead. On October 12, 2021, City Council adopted Resolution No. 5841-21, accepting the $4.2 million grant from Alameda CTC’s PFA No. A22-0053 and authorizing the use of those funds for Final Design Services of Phases 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04. (This was the second Project Funding Agreement. The first Project Funding Agreement awarded $2.5 million for the 2018 East West Connector, as described above).
On January 11, 2022, City Council adopted Resolution No. 5878-22, authorizing the City Manager to execute a Consultant Services Agreement, C5833, with Mark Thomas & Company, Inc. (Mark Thomas) for the Preliminary Engineering (30% Final Design) of Phases 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $1,200,000, funded from the $4.2 million Alameda CTC grant.
City Council/RSA Agenda 56 Tuesday, January 14, 2025
The Preliminary Design effort was focused on the conditions of Alameda CTC Resolution No. 20-013 including redesigning the Quarry Lakes Parkway to meet NACTO and Caltrans Complete Streets Policies, employing design features for future transit, holding quarterly public meetings to update the bicycle, pedestrian and transit advocates through the City’s Bicycle and Pedestrian Advisory Committee (BPAC) and City Council meetings for public input and comments, and convening meetings with the City of Fremont and AC Transit for the potential design of a transit priority lane along Decoto Road between Dumbarton Bridge and Mission Boulevard.
Union City has led the effort with developing a full funding plan for implementation of Quarry Lakes Parkway, Phases 1-4, and submitted all funding documentation including City Council approval actions for Measure 2014 TEP 21, Dumbarton Corridor Funds of $40 million, and TEP 22, Intermodal Station funds of $72.0 million, and the California Transportation Commission (CTC) approval action for the LATIP funds of $41.8 million, as noted above, to Alameda CTC staff for their records.
Since the City has assumed the project, the storm drain system has been reevaluated to reduce costs, improve creek restoration, and conserve land; however, the Line M bypass is still required. To prepare an updated cost estimate for Phases 1-4 as requested by Alameda CTC, and to secure project permits from the regulatory agencies for wetland mitigation, stream alteration permits and storm water treatment, additional engineering and design is required for Phases 3 and 4. Additionally, the portions of the Line M bypass, the outfall structure into the Old Alameda Creek, and the entire roadway storm water treatment basins must be constructed in Phase 2, one of the first phases of the QLP project. Therefore, design of Phases 3 and 4 were needed to be understood to ensure that:
Updated project cost estimates can be prepared and would incorporate updated seismic standards The City has adequate information to proceed with permit applications to the regulatory agencies for the entire QLP project; and
Portions of the Line M bypass, outfall structure, and stormwater systems can be constructed as part of Phase 2
On November 22, 2022, City Council adopted Resolution No. 6045-22, authorizing the City Manager to execute Amendment No. 1 to the Consulting Services Agreement, C5833b with Mark Thomas & Company, Inc. for the Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $3,000,000, totaling $4,200,000, from the 2022 Alameda CTC Project Funding Agreement No. A22-0053 grant.
At the same meeting, City Council adopted Resolution No. 6046-22, authorizing the City Manager to execute a Consulting Services Agreement, C5933 with Mark Thomas & Company, Inc. for the Preliminary Engineering (30% Final Design) of Phases (Segments) 3 and 4 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, in the amount of $2,087,600 from the balance of the 2018 Alameda CTC Project Funding Agreement No. A18-0046, and appropriating $208,760 from the unused balance of SB-1 Funds.
DISCUSSION
On December 21, 2022, Mark Thomas completed the Preliminary Design (35% Plans) of the combined Quarry Lakes Parkway, Phases 1 and 2, including Preliminary Engineering Reports (Drainage, Geotechnical Design, Hazardous Materials, Stormwater Management, Pump Station Memo, and Lighting and Landscape Concept) and submitted them to outside agencies and utilities for their review and comments. See Attachment 2 for the Plan Set Title Sheet.
The Preliminary Design of the Quarry Lakes Parkway, Phases 3 and 4 (Grade Separation Underpass Structures) Plans and Cost Estimate have been updated to meet the latest structure and seismic design criteria required by Caltrans, Union Pacific and BART and in July 2023, Mark Thomas submitted the 35% Plans to the City, Union Pacific and BART for their review and comments. See Attachment 3 for the Plan Set Title Sheet. Since the Union Pacific Railroad Public Projects Manual, dated July 30, 2021, Section 5, Grade Separations Projects no longer allow Underpass Structures, Mark Thomas prepared a UPRR Design Variance Request Report explaining and justifying the planned Underpass Grade Separation Structures at Oakland Subdivision (Phase 4) and the Niles Subdivision (Phase 3) and submitted it to Union Pacific Railroad for their review, receiving their conditional concurrence in September 2023.
City Council/RSA Agenda 57 Tuesday, January 14, 2025
OnAugust 29, 2023, Union City staff and the Project Consultant Team met withAlameda CTC staff to provide a project update for Quarry Lakes Parkway, Phases 1-4, including the Complete Streets design, the engineering design reports updates (Drainage, Hydromodification and Mitigation), the Resources Agencies permit process, and revised cost estimates.
In February 2024, based on the updated plans for Quarry Lakes Parkway, Phases 1-4, Union City staff and the Project Consultant Team submitted updated draft Cost Estimates to Alameda CTC for their initial review.
Quarry Lakes Parkway, Phases 1-4 Cost Estimates have increased from East West Connector cost estimates because the previous project plans from 2011 were outdated and the project component costs did not include an approved stormwater management design (roadway drainage, water quality treatment, hydromodification and Line M overflow system), the proposed Line M Flood Control Channel realignment design (channel section and layout), and environmental mitigation strategies required by Alameda County Water District, Alameda County Flood Control District, San Francisco Regional Water Quality Control Board, and other regulatory agencies.
In addition, the modernized Quarry Lakes Parkway, Phases 1-4 design (see Attachment 4 for Complete Streets Design) has contributed to the increase in the cost estimates because:
1. The roadway geometrics, street sections and profile have been re-designed and updated to meet Caltrans’ Complete Streets design guidelines and multimodal policies, including a separate Class I multi-use trail, buffered on-street bike lanes, protected intersections, future far-side transit stops, and enhanced street lighting for all modes. The designs and project updates have been presented at the BPAC meetings and other interested parties and bike advocates have been invited for public comment and project input
2. The underpass structures, retaining walls, and concrete slab protection over the existing aquifer have been re-designed to meet current structural and seismic design criteria along with BART and Union Pacific design requirements
Alameda CTC staff prepared letters and emails to Union City staff in 2024 requesting additional information and details on the revised cost estimates with discussion on usable segments and allowable costs of various scope elements. The Project Consultant Team and City staff have provided the requested information through letters, emails and meetings.
In September 2024, the Project Consultant Team completed the 65% Plans, Specifications and Estimates (PS&E) of Quarry Lakes Parkway, Phase 2 (Gateway Connection) and submitted it to Alameda CTC for review. Please see Attachment 5 for the Plan Set Title Sheet. In addition, the Consultant repackaged the 35% PS&E of Quarry Lakes Parkway, Phase 1 (7
th Street Connection) and submitted the package to Alameda CTC for review. See Attachment 6 for the Title Sheet. This submittal also included a revised Cost Estimate for Quarry Lakes Parkway, Phases 1-4.
On October 24, 2024, a meeting was held with Alameda CTC and Union City staff to discuss the design status and the complexity of Quarry Lakes Parkway, Phases 1-4, along with a summary of the key design components. Components include the completed 35% Plans of Quarry Lakes Parkway, Phase 1 (7 th Street
Connection), the 65% Plans of Quarry Lakes Parkway, Phase 2 (Gateway Connection), and the Preliminary Engineering (30% Design) of Quarry Lakes Parkway, Phase 3 (11 th Street Connection) and Phase 4
(Alvarado-Niles Connection). The status of the current project funding agreements was discussed including the remaining grant funds and milestone schedules and that Alameda CTC is committed to supporting project delivery of usable segments and reiterated the need for a complete 65% design and matching cost estimates to enable their staff to complete the required due diligence related to review of the project scope elements, cost estimates, and reasonableness of the funding plan.
On December 5, 2024, the Alameda CTC Commission approved Amendment No. 2 to the Project Funding Agreement No. A22-0053 for Phases (Segments) 1 and 2 of the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04, increasing the grant funding by $801,191 to complete QLP Phase 1 65% PS&E and extending the expiration date to December 31, 2026, for a total PFA of $5,001,191. An amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., will be scheduled for the next City Council meeting.
The design of 65% Plans of Quarry Lakes Parkway, Phase 1 (7 th Street Connection), was delayed because
of required coordination and approval by Alameda County Flood Control of the section and layout of the Line M Flood Control Channel realignment, and to better understand the impacts to the Union City Corporation City Council/RSA Agenda 58 Tuesday, January 14, 2025
Yard site. The updated 65% Plans with the matching cost estimate will be completed by the Consultant Team and submitted by late March 2025 to Alameda CTC to enable their staff to complete the required due diligence related to review of the project scope elements, cost estimates, and reasonableness of the funding plan. Alameda CTC anticipates reporting back to the Commission in June 2025 for approval of a future amendment with additional design budget to complete Final Design (100% PS&E) for Quarry Lakes Parkway, Phase 1.
FISCAL IMPACT
Union City will receive an additional $801,191 via Amendment No. 2 to the Alameda CTC Project Funding Agreement (PFA) No. A22-0053 for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project. City Council action is necessary to amend the FY 2024-2025 Capital Projects Fund budget, as detailed below and in the attached resolution, as a result of accepting this additional funding.
There will be no fiscal impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution:
1. Authorizing the City Manager to execute Amendment No. 2 to the Alameda CTC PFA No. A22-0053, which increases the grant amount by $801,191 and extends the expiration date to December 31, 2026;
2. Accepting an additional $801,191 grant via Amendment No. 2 to the Alameda County Transportation Commission (Alameda CTC) Project Funding Agreement No. A22-0053 and authorizing the use of those funds for Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-04;
3. Amending the FY 2024-2025 Capital Projects Fund revenue budget by increasing the revenue projection in Account Number 4100-00-00-000-0000-091804-44502 (Capital Projects Fund – Quarry Lakes Parkway (East West Connector) Project – Misc. County/Local Grants) by $801,191; and
4. Amending the FY 2024-2025 Capital Projects Fund expenditure budget by appropriating $801,191 to Account Number 4100-35-30-310-3150-091804-54110 (Capital Projects Fund - Quarry Lakes Parkway (East West Connector) Project – Professional/Consulting) for Final Design Services of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East West Connector) Project, City Project No. 18-
04. Prepared by:
MarilouAyupan, Public Works Director
Submitted by:
MarilouAyupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 –Quarry Lakes Parkway, Phases 1-5 Attachment Attachment 2 – CombinedQLPPhases 1-2, 35%Plans Title Sheet (Dec. 2022)
Attachment
Attachment 3 –Quarry Lakes Parkway, Phases 3-4, 35%Plans Title Sheet (July 2023)
Attachment
Attachment 4 –Quarry Lakes Parkway Complete Streets Design Attachment Attachment 5 –Quarry Lakes Parkway, Phase 2, 65%Plans Title Sheet (Sept. 2024)
Attachment
Attachment 6 –Quarry Lakes Parkway, Phase 1, 35%Plans Title Attachment
City Council/RSA Agenda 59 Tuesday, January 14, 2025
Sheet (Sept. 2024)
Attachment 7 –Alameda CTCAmendment No. 2 to PFAA22-0053 Attachment Draft Resolution Resolution
ExhibitA –Alameda CTC, Project FundingAgreement No.A18-0046 Exhibit Exhibit B–Alameda CTC, Project FundingAgreement No.A22-0053 Exhibit City Council/RSA Agenda 60 Tuesday, January 14, 2025
City Council/RSA Agenda 61 Tuesday, January 14, 2025
City Council/RSA Agenda 62 Tuesday, January 14, 2025
City Council/RSA Agenda 63 Tuesday, January 14, 2025
City Council/RSA Agenda 64 Tuesday, January 14, 2025
GOLD ST.
BALLANTINE PL.
City Council/RSA Agenda 65 Tuesday, January 14, 2025
55 60
65 70
51 51
51 52
53 54
5756
58 59
61 62
63 64
66 6867
69 71
72 73
55 60
51 51
52 52
52 53
53 53
54 56
5758
59 61
62 62
30 30
35 35
40 40
45 45
50 55
60 27
27 28
28 29
29 31
31 32
32 33
33 34
34 36
36 37
37 38
38 39
39 41
41 42
42 43
43 44
44 46
46 47
47 48
48 49
49 49
51 52
53 53
534
56 57
58 59
45 45
45 45
50 41
41 42
42 43
43 43
43 44
44 44
44 46
46 46
46 47
47 48
48 49
51 52
45 45
45 45
50 50
50 50
42 42
43 43
44 44
44 44
46 46
46 46
47 47
47 47
48 48
49 49
49 49
51 51
51 51
51 52
52 52
53 53
53 53
50 50
50 50
47 47
48 48
49 49
51 51
52 53
54 55
60 65
52 52
53 54
56 57
58 59
61 62
63 64
VC
VC
VC
VC
POOL
P
D
POOL
D
POOL
VC
VC
VC
VC VC
VC
VC
VC
VC
VC
VC
VC
TS
TS
TS
VC
TS
TS
TS
TS
TS
TS
TS
TS
TS
TS
TS TS
VC
VC
VC
VC
VC
TS
VC
D
VC
VC
VC
VC
TS
TS
TS TS
TS
TS
VC
VC
VC
VC
VC
VC
TS
TS
GOLD ST.
GREGORY WAY
WILLOW LN.
TORREY PINE LN.
City Council/RSA Agenda 66 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
2021 PFA Version
AMENDMENT NO. 02
to
PROJECT FUNDING AGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF UNION CITY
for the
EAST WEST CONNECTOR / QUARRY LAKES PARKWAY PROJECT
This AMENDMENT NO. 02, made and entered into by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF UNION CITY, a public agency (“PROJECT SPONSOR”), is dated for reference purposes only as of December 31, 2024.
A. ALAMEDA CTC and PROJECT SPONSOR entered into a Funding Agreement dated May 1, 2021 (“AGREEMENT”) to implement an eligible project (“PROJECT”) as such PROJECT is further described in the AGREEMENT.
B. On October 17, 2023, the parties entered into an amendment (“AMENDMENT NO. 01”) pursuant to PROJECT SPONSOR’S request to revise the project schedule and deliverable due dates, and to extend the expiration date of the AGREEMENT.
C. The parties now wish to amend the AGREEMENT, pursuant to this AMENDMENT NO. 02 pursuant to action taken on December 5, 2024 by ALAMEDA CTC. AMENDMENT NO. 02 will extend the AGREEMENT’s expiration date to December 31, 2026 to provide additional time for the PROJECT SPONSOR to complete the design phases of Segment 1 and Segment 2 of the PROJECT. AMENDMENT NO. 02 will also add $ 801,191 to the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by the AGREEMENT for the design phases of Segment 1 and Segment 2.
NOW, THEREFORE, the parties agree to amend the AGREEMENT as follows:
AMENDMENT
1. The expiration date set forth in the AGREEMENT is hereby extended by twenty-four (24) months from December 31, 2024 to December 31, 2026, to provide additional time for PROJECT SPONSOR to complete the design phases of Segment 1 and Segment 2 the PROJECT.
2. The amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by the AGREEMENT for the design phases of Segment 1 and Segment 2 is hereby increased by $ 801,191 with an additional amount of $ 373,500 for the design of Segment 1; and an additional $ 427,691 for the design of Segment 2.
3. Appendix A (Project Control Information) is replaced with the Revised Appendix A attached hereto and incorporated herein by this reference.
4. Appendix B (Alameda CTC Administered Funds Obligated by this Agreement) is replaced with the Revised Appendix B attached hereto and incorporated herein by this reference.
City Council/RSA Agenda 67 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
2021 PFA Version
5. Appendix C (Request for Reimbursement and Reporting Requirements) is unchanged, and is attached hereto and incorporated herein for reference purposes only.
6. Appendix D (Local Business Contract Equity Program Requirements) is unchanged, and is attached hereto and incorporated herein for reference purposes only.
7. Appendix E (Deliverables and Due Dates) is replaced with the Revised Appendix E attached hereto and incorporated herein by this reference.
8. Appendix F (Project Performance Measures) is unchanged, and is attached hereto and incorporated herein for reference purposes only.
9. Except as amended hereby, the terms and provisions of the AGREEMENT remain in full force and effect and are hereby ratified and confirmed. [Signatures on the next page]
City Council/RSA Agenda 68 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
2021 PFA Version
CITY OF UNION CITY
(PROJECT SPONSOR)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:
Joan Malloy Date
City Manager
Carolyn Clevenger Date
Interim Executive Director
Recommended
By:
Vivek Bhat Date
Senior Director of Programming and
Projects
Reviewed as to Budget/Financial Controls:
By:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
By: By:
Kristopher Kokotaylo Date
Legal Counsel to CITY OF UNION CITY
Fennemore Wendel Date
Legal Counsel to ALAMEDA CTC
City Council/RSA Agenda 69 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
2021 PFA Version
LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
City Council/RSA Agenda 70 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 1
REVISED APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
Appendix A-7 Permits/Agreements/Coordinating Agencies
City Council/RSA Agenda 71 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 1
APPENDIX A-1
PROJECT DESCRIPTION
Project Description:
The PROJECT consists of constructing a new arterial roadway with buffer bike lanes and separate, parallel Class I path/multi-purpose trail with signalize intersections, streetlights, landscape medians, street trees and irrigation between Mission Boulevard (State Route 238) in Union City and Paseo Padre Parkway in Fremont along a new reserved roadway alignment, and improvements along existing Paseo Padre Parkway and Decoto Road to I-880 in Fremont. The PROJECT has been divided into six segments for implementation.
Segment 1: Mission Boulevard to 7th Street
Construct Quarry Lakes Parkway (QLP) from Mission Boulevard to 7th Street. Realign 7th Street to intersect directly with QLP next to the City’s Corporation Maintenance Yard and Drigon Dog Park.
Modify the Corp Yard, Dog Park, and parking facilities. Realigned the Line M channel with open channel, box culvert and retaining wall structures. Construct conforms along Mission Boulevard (State Route 238) and modify traffic signal
Segment 2: Alvarado-Niles Road to Alameda Creek
Construct QLP from Alvarado-Niles Road to the top of bank (Union City side) of Alameda Creek.
Realign Quarry Lakes Drive from Isherwood Way to Osprey Drive and construct new intersection of QLP with Quarry Lakes Drive. Construct outfall structure and bioretention basins for storm water runoff (roadway drainage) pumped from the depressed QLP in Segment 3 and 4 under the UPRR and BART tracks. Construct conforms along Alvarado-Niles Road and modify traffic signal.
Segment 3: 7th Street to 11th Street
Construct QLP from 7th Street to 11th Street. Construct cement deep soil mix interior walls, retaining walls and grade separation structure between QLP and UPRR (Niles Subdivision) including railroad shoofly. Construct cement deep mix protection slap and pump station with drainage facilities Extend 11th Street and install a new traffic signal at QLP/11th Street.
Segment 4: 11th Street to Alvarado-Niles Road
Construct QLP from 11th Street to Alvarado-Niles Road. Construct cement deep soil mix interior walls, retaining walls and grade separations between QLP and BART, and QLP and UPRR (Oakland Subdivision) including BART track shoofly/bus bridge and UPRR railroad shoofly. Complete the pump station system. Construct conforms along Alvarado-Niles Road and modify traffic signal.
Segment 5: Alameda Creek to Paseo Padre Parkway
Construct QLP from Alameda Creek to Paseo Padre Parkway. Construct two bridges over Old Alameda Creek and one bridge over the Alameda Creek Flood Control channel. At each end of the he Alameda Creek Flood Control Channel bridge, connect the new QLP Class I path to both existing Alameda Creek Trails, paved trail, and unpaved paths. Modify Old Alameda Creek outfall structure into Flood Control Channel and construct bioretention basins. Construct retaining walls, soundwalls next to residential neighborhoods. Construct conforms along Paseo Padre Parkway and a multi-use path from Isherwood Way/Quarry Lakes Drive to an existing trail adjacent to Paseo Padre Parkway.
Modify Paseo Padre Parkway from Decoto Road to Isherwood Drive with Class IV bikes lane and revised medians and sidewalk. Install new traffic signals along Paseo Padre Parkway at Wydham Drive/Waugh-Place, Quarry Lakes Parkway and Tamayo Drive. Modify traffic signal at Isherwood Drive.
City Council/RSA Agenda 72 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 2
Segment 6: Decoto Road from Paseo Padre Parkway to I-880 (City of Fremont) Construct Improvements along Decoto Road from Paseo Padre Parkway to I-880. Construct conforms along Paseo Padre Parkway and Decoto Road (northeast of Paseo Padre Parkway and at I880).
Project Limits
The PROJECT limits are from Mission Boulevard (State Route 238) near the existing intersection with Appian Way to Decoto Road at I-880. The PROJECT limits include the conforms along existing roadways that intersect the new roadway.
City Council/RSA Agenda 73 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 3
APPENDIX A-2
PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible project costs in accordance with applicable policies and procedures adopted with the current version of the ALAMEDA CTC Comprehensive Investment Plan (CIP) to support the project phase(s) identified and described below:
Final Design (Plans, Specifications and Estimates – PS&E) The Final Design (PS&E) Phase includes detailed design for Segment 1 and Segment 2 of the PROJECT and preparation of final plans, specifications and estimates including updating engineering/technical reports to be used as the basis for construction contract documents for Segment 1 and Segment 2. The design activities shall include all work necessary to coordinate with other transit and local agencies, regulatory agencies, utilities, adjacent developers, railroad company and other organizations to secure approvals required to initiate the construction phases of Segment 1 and Segment 2. The design activities shall also include determining the right of way requirements for Segment 1 and Segment 2 to be used as the basis of securing the necessary rights of way, permits and agreements for the roadway in Segment 1 and Segment 2.
City Council/RSA Agenda 74 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 4
REVISED APPENDIX A-3
PROJECT MILESTONE SCHEDULE
East West Connector /Quarry Lakes
Parkway Segment 1
Phase/Milestone
Previously
Approved
Begin
(Mo/Yr)
Previously
Approved End
(Mo/Yr)
Revised
Begin
(Mo/Yr)
Revised
End
(Mo/Yr)
Preliminary Engineering/Environmental
Sd
2007 2009 No Change. No Change.
CEQA Approval April 2009 No Change. No Change.
NEPA Approval NA No Change. No Change.
Final Design (Plans, Specifications and Jan. 2022 July 2024 No Change. Dec. 2026 Right-of-Way Acquisition Jan. 2022 July 2024 No Change. Dec. 2026 Right of Way Certification July 2024 No Change. Dec. 2026 Construction Jan. 2025 Dec 2027 Jan. 2027 Dec. 2029
Release Request for Proposal /
Advertisement Jan. 2025 Feb. 2025 Jan. 2027 Jun. 2027
Contract Award Apr. 2025 N/A Jun. 2027
Project Closeout Dec. 2026 Dec. 2027 Jan. 2030 Jun. 2030 East West Connector /Quarry Lakes
Parkway Segment 2
Phase/Milestone
Previously
Approved
Begin
(Mo/Yr)
Previously
Approved
End
(Mo/Yr)
Revised
Begin
(Mo/Yr)
Revised
End
(Mo/Yr)
Preliminary Engineering/Environmental
d
2007 2009 No Change. No Change.
CEQA Approval N/A April 2009 No Change. No Change.
NEPA Approval N/A NA No Change. No Change.
Final Design (Plans, Specifications and
S
Jan. 2022 June 2024 No Change. June 2026
Right-of-Way Acquisition Jan. 2022 June 2024 No Change. June 2026 Right of Way Certification June 2024 No Change. June 2026 Construction Jul. 2024 Dec. 2027 July 2026 Dec. 2028
Release Request for Proposal /
Advertisement Jul. 2024 Aug. 2024 July 2026 Dec. 2026
Contract Award N/A Oct. 2024 N/A Dec. 2026
Project Closeout Dec. 2026 Dec. 2027 Jan. 2029 Jul. 2029 City Council/RSA Agenda 75 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 5
REVISED APPENDIX A-4
PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
East West Connector /Quarry Lakes Parkway Project Cost/Funding Total (All Six Segments)
PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 30,901,191 $ 0 $ 0 $ 30,901,191
Right-of-Way $ 23,100,000 $ 0 $ 0 $ 23,100,000
Construction $ 12,100,000 $ 14,300,000 $ 178,800,000 $ 205,200,000 Construction Support $ 3,700,000 $ 0 $ 26,100,000 $ 29,800,000 Total Project
Amounts $ 69,801,191 $ 14,300,000 $ 204,900,000 $ 289,001,191 Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
East West Connector /Quarry Lakes Parkway Project (Segment 1) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 2,373,500 $ 0 $ 0 $ 2,373,500
Right-of-Way $ 3,000,000 $ 0 $ 0 $ 3,000,000
Construction $10,200,000 $ 0 $ 0 $ 10,200,000
Construction Support $ 1,500,000 $ 0 $ 0 $ 1,500,000
Segment 1 Project
Amounts $ 17,073,500 $ 0 $ 0 $ 17,073,500
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
City Council/RSA Agenda 76 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 6
East West Connector /Quarry Lakes Parkway Project (Segment 2) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 2,627,691 $ 0 $ 0 $ 2,627,691
Right-of-Way $ 1,200,000 $ 0 $ 0 $ 1,200,000
Construction $ 14,700,000 $ 0 $ 0 $ 14,700,000
Construction Support $ 2,200,000 $ 0 $ 0 $ 2,200,000
Segment 1 Project
Amounts $ 20,727,691 $ 0 $ 0 $ 20,727,691
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
City Council/RSA Agenda 77 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 7
REVISED APPENDIX A-5
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds
1986 MB
Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage
Final Design (Segment 1) $ 2,373,500 $ 0 $ 2,373,500 100% Final Design (Segment 2) $ 2,627,691 $ 0 $ 2,627,691 100% Total Funding $ 5,001,191 $ 0 $ 5,001,191
Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.
City Council/RSA Agenda 78 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 8
APPENDIX A-6
PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.
PHASE COST DETAIL
Segment 1
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 2,373,500 $ 0 $ 2,373,500 Total Phase Cost
(Staff + Contract Costs) $ 2,373,500 $ 0 $ 2,373,500
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
PHASE COST DETAIL
Segment 2
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 2,627,691 $ 0 $ 2,627,691 Total Phase Cost
(Staff + Contract Costs) $ 2,627,691 $ 0 $ 2,627,691
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
City Council/RSA Agenda 79 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix A – Page 9
APPENDIX A-7
PERMITS/AGREEMENTS/COORDINATING AGENCIES
A list of permitting agencies required agreements and coordinating agencies is included in this appendix.
PROJECT SPONSOR shall obtain all local, state, and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
PERMITS:
• USACE 404 – Wetlands
• CF & G 1602 – Streambed Alteration
• RWQCB 401 – Water Quality
• USF & WS Section 7 – Endangered Species
• NMFX Section 7 – Endangered Species
• SHPO Section 106 – Historic Preservation
• Caltrans- Encroachment Permit
AGREEMENTS:
• BART – Design Agreement executed; Construction Agreement still necessary • UPRR – C&M Agreement still necessary
• Verizon/Sprint – Design Agreement still necessary
• Alameda County Public Works Agency - Maintenance Agreement (Line M Channel) • Alameda County Water District -Maintenance Agreement (Niles Cone Aquifer) COORDINATING AGENCIES:
• Alameda County Flood Control & Water Conservation District (ACFC&WCD) • California Department of Transportation (Caltrans)
• Alameda County Water District (ACWD)
• Utilities (PG&E, Union Sanitary District, AT&T, Comcast and Verizon) • Alameda County Transportation Commission (ALAMEDA CTC) • City of Fremont (Fremont)
• AC Transit
City Council/RSA Agenda 80 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix B - Page 1
REVISED APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
1986
MB MB226 Final Design
(PS&E) Segment 1 11/19/20 05/1/21
The Agreement
Expiration
Date serves as
the expenditure
deadline date.
$ 2,000,000
1986
MB MB226 Final Design
(PS&E)-Segment 1 12/5/24 05/1/21 $ 373,500
1986
MB MB226 Final Design
(PS&E)- Segment 2 11/19/20 05/1/21 $ 2,200,000
1986
MB MB226 Final Design
(PS&E)- Segment 2 12/5/24 05/1/21 $ 427,691
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 5,001,191 Previously Approved
Agreement Expiration Date: December 31, 2024
Revised Agreement
Expiration Date: December 31, 2026
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.
2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.
4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.
7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.
City Council/RSA Agenda 81 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix B - Page 2
REVISED APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.
TABLE B-2
ALAMEDA CTC ADMINISTERED FUNDS
REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 2023/2024 4 1986 MB $ 3,000,000 $ 3,000,000
2 2024/2025 1 1986 MB $ 500,000 $ 3,500,000
3 2024/2025 2 1986 MB $ 500,000 $ 4,000,000
4 2024/2025 3 1986 MB $ 500,000 $ 4,500,000
5 2024/2025 4 1986 MB $ 501,191 $ 5,001,191
Notes:
1. Fiscal Year (FY) begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.
3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.
4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.
City Council/RSA Agenda 82 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix C – Page 1
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.
Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING
FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☒
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☐
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31st
By July 31st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒ Final Request for
Reimbursement
Any work period eligible
under Appendix B.
Must be submitted prior to the
Agreement Expiration Date
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.
2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.
3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.
4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.
REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.
List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/
1. Request for Reimbursement (RFR) Form
2. Alameda CTC Progress Report Form
3. Alameda CTC Final Report Form
4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)
5. Amendment Request Form
City Council/RSA Agenda 83 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix D – Page 1
APPENDIX D
LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.
LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.
The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:
Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
City Council/RSA Agenda 84 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix E – Page 1
REVISED APPENDIX E
DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.
Deliverables and Due Dates
No. Description
Previously
Approved
Due Date to
Alameda CTC
Revise
Due Date to
Alameda CTC
1 Quarterly Progress Reports Quarterly
(See Appendix C)
No Change.
2 Local Business Contract Equity Program Reporting Semi-Annually (See Appendix D)
No Change.
3 Segment 1 Draft Plans, Specifications and Estimate
(65%)
December 2023 June 2025
4 Segment 2 Draft Plans, Specifications and Estimate
(65%)
November 2023 October 2024
6 Segment 1 Final Plans, Specifications and Estimate June 2024 December 2026 7 Segment 2 Final Plans, Specifications and Estimate June 2024 June 2026 8 Final Invoice By the Agreement
Expiration Date
By the Agreement
Expiration Date
9 Final Report By the Agreement
Expiration Date
By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.
City Council/RSA Agenda 85 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Amendment No. 02
Project No. 1177.001
Appendix F – Page 1
APPENDIX F
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.
Project Performance Measures and Targets
Performance Measure Target
Not Applicable Not Applicable
City Council/RSA Agenda 86 Tuesday, January 14, 2025
RESOLUTION NO. 2025-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION
CITY AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE ALAMEDA COUNTY TRANSPORATION
COMMISSION (ALAMEDA CTC) PROJECT FUNDING AGREEMENT
(PFA) NO. A22-0053, TO ACCEPT AN ADDITIONAL $801,191, FOR A TOTAL PFA OF $5,001,191, FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR THE QUARRY LAKES PARKWAY (EAST
WEST CONNECTOR) PROJECT, CITY PROJECT NO. 18-04, AND
AMENDING THEFY 2024-2025 CAPITAL PROJECTS FUND BUDGET
WHEREAS, for the past decades, a proposed roadway corridor between I-880 in Fremont and Mission Boulevard (Route 238) in Union City, parallel to Decoto Road, was sponsored and managed by Caltrans (Route 84 Corridor) and various Alameda County transportation agencies (East-West Connector), most recently by Alameda County Transportation Commission (Alameda CTC); and
WHEREAS, the East-West Connector project prepared an approved Environmental Impact Report (EIR) under CEQA (California Environmental Quality Act) in 2009, a draft set of project plans (65% Final Design) in 2011 and lacked the necessary right of way acquisitions, easements, utility agreements, regulatory agency permits, BART permits, and railroad construction permits in the cities of Union City and Fremont; and
WHEREAS, on March 22, 2018, the Alameda County Transportation Commission (Alameda CTC) approved the request from the City of Union City to be the project sponsor of the former East-West Connector Project to complete the final design of the current 2011 roadway design plans, to prepare a traffic study update, to determine if an update, amendment or addendum is required for the approved 2009 East-West Connector EIR, to coordinate with transit agencies (BART, AC Transit, Dumbarton Express & Union City Transit), adjacent cities, pedestrian and bicycle advocacy groups to ensure the design meets the needs of those interests, in terms of connectivity, safety, and related concerns, to execute project (design review) agreements with BART and Union Pacific for the grade separations at BART, Oakland Subdivision and Niles Subdivision and to update the overall project cost estimate, and then report back to the Commission upon completion of this work; and WHEREAS, on August 14, 2018, the City Council adopted Resolution No. 5374- 18, which authorized the City Manager to execute the East-West Connector Project Funding Agreement (PFA) No. A18-0046, in the amount of $2.5 million, with Alameda CTC, and which made Union City the Project Sponsor, responsible for the design, right of way certification, and construction of the project, estimated at $320 million, which included Fremont’s Decoto Complete Streets Project, see Exhibit A; and WHEREAS, on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the I-880 to Mission Boulevard/East-West Connector Project to the Quarry Lakes Parkway Project; and City Council/RSA Agenda 87 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
WHEREAS, on November 19, 2020, at the Alameda CTC Commission Meeting, Union City presented an update of the Quarry Lakes Parkway project as a new local four-lane, multimodal corridor with landscaped medians, sidewalks, buffer Class II bike lanes with a separated, generous Class I multi-use trail. Project management also included coordination meetings with bicycle and transit advocates, the City of Fremont, BART, AC Transit, and East Bay Regional Park District. The project task deliverables included the completion of the Traffic Transportation Memorandum identifying a reduction in VMT (Vehicle Miles Travel), the CEQA determination that no update of the 2009 EIR is required, and the completion of a high-level cost estimate for Quarry Lakes Parkway (Phases 1-5) and Fremont’s Decoto Complete Streets project using the EastWest Connector project quantities. The only task not completed was finalizing the EastWest Connector plans because these outdated 2011 plans did not meet current Complete Streets, Multimodal Corridor Policies, NACTO (National Association of City Traffic Officials) Design Criteria and did not meet the most recent design standard and engineering criteria for roadway design, seismic structures, railroad design and other project elements as outlined in the Quarry Lakes Parkway Project Delivery Memorandum dated July 14, 2020; and
WHEREAS, at the same meeting, Union City presented the City’s recommended project phasing implementation plan with usable segments for the Quarry Lakes Parkway project that included Phase 1: 7th Street Connection (7th Street to Mission Boulevard), Phase 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road), Phase 3: 11th Street Connection (11th Street to 7th Street), Phase 4: AlvaradoNiles Connection & Grade Separations (BART and Oakland Subdivision) and Phase 5:
Paseo Padre Parkway & Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City); and
WHEREAS, at the same meeting, the Alameda CTC Commission adopted Resolution No. 20-013 that approved $4.2 million for Quarry Lakes Parkway to complete the Final Design of Phases 1 and 2 with 1986 Measure B funds and approval by the Executive Director in the amount of $17.8 million to complete the Final Design of Phases 3 and 4 when a full-funding plan has been approved to complete the Right of Way and Construction of Phases 1-4; and
WHEARAS, at the same meeting, Alameda CTC staff presented a proposed full funding plan totaling $288.0 million for Decoto Complete Streets in Fremont and Quarry Lakes Parkway in Union City that included $69.0 million of 1986 Measure B funds, $14.3 million of CMA-TIP funds, $32.8 million of LATIP (Local Agency Transportation Improvement Plan) funds from the sale of the Caltrans property in Union City, with a total shortfall of $172.0 million and a shortfall for Phases 3 and 4 of $112.0 million; and WHEREAS, the City Council has identified in the Strategic Plan Goal C, Strategy 3: Facilitate the build-out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian rail crossing and the sale and development of City-owned land; and WHEREAS, the 2020 cost estimate for the QLP and Decoto Road Complete Streets was approximately $288 million, and the cost estimate of QLP, Phases 1-4, was approximately $208 million; and
City Council/RSA Agenda 88 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
WHEREAS, on March 9, 2021, the City Council adopted Resolutions No. 5720- 21 and No. 5721-21 authorizing commitments of Measure BB TEP 21, Dumbarton Corridor Improvement funds of $40.0 Million, and TEP 22, Union City Intermodal District funds of $72.0 Million to the Quarry Lakes Parkway Project to reduce the project funding shortfall; and
WHEREAS, on June 24, 2021, the California Transportation Commission (CTC) approved the conveyance of excess Caltrans parcels (originally reserved for Route 84), appraised at $86.0 Million, to the City of Union City and the City is now responsible to select a residential developer; and
WHEREAS, the $86.0 Million from the sale of the Caltrans parcels for residential development will fund the Local Agency Transportation Improvement Program (LATIP) with estimated LATIP obligations of about $58.2 Million to East-West Connector, of which $41.8 Million is for Quarry Lakes Parkway and $16.4 Million is for Decoto Complete Streets; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 5841- 21, accepting $4.2 Million from the Alameda CTC Project Funding Agreement No. A22- 0053 for Final Design Services of Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East-West Connector), City Project No. 18-04, see Exhibit B; and WHEREAS, the Alameda CTC Project Funding Agreement No. A22-0053 for Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East-West Connector), City Project No. 18-04, included an expiration date of December 31, 2023 for Final Design Phase; and
WHEREAS, on January 11, 2022, the City Council adopted Resolution No. 5878- 22 authorizing the City Manager to Execute a Consulting Services Agreement, C5833, with Mark Thomas & Company, Inc. for the Preliminary Engineering (30% Final Design) of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04, in the amount of $1,200,000; and WHEREAS, the Preliminary Design effort was focused on the conditions of Alameda CTC Resolution No. 20-013, including redesigning the Quarry Lakes Parkway to meet NACTO and Caltrans Complete Streets Policies, employing design features for future transit, holding quarterly public meetings to update the bicycle, pedestrian and transit advocates through the City’s Bicycle and Pedestrian Advisory Committee (BPAC) and City Council meetings for public input and comments, and convening meetings with the City of Fremont and AC Transit for the potential design of a transit priority lane along Decoto Road between Dumbarton Bridge and Mission Boulevard; and WHEREAS, Union City has led the effort to develop a full funding plan for the implementation of Quarry Lakes Parkway, Phases 1-4, and submitted all funding documentation, including City Council approval actions for Measure 2014 TEP 21, Dumbarton Corridor Funds of $40 million, and TEP 22, Intermodal Station funds of $72.0 million, and the California Transportation Commission (CTC) approval action for the LATIP funds of $41.8 million, as noted above, to Alameda CTC staff for their City Council/RSA Agenda 89 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
records; and
WHEREAS, Union City staff has received letters from Alameda CTC in 2022 and 2023 providing clarification and direction on the full funding plan for Quarry Lakes Parkway, Phases 1-4, and the City has responded to their letters through emails, phone conversations, letters, and meetings; and
WHEREAS, on November 22, 2022, the City Council adopted Resolution No. 6045-22 authorizing the City Manager to execute Amendment No. 1 to the Consulting Services Agreement, C5833b, with Mark Thomas & Company, Inc. for the Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04, in the amount of $3,000,000, totaling $4,200,000, from the 2022 Alameda CTC Project Funding Agreement No. A22-0053 grant; and WHEREAS, at the same meeting, the City Council adopted Resolution No. 6046- 22 authorizing the City Manager to execute a Consulting Services Agreement, C5933, with Mark Thomas & Company, Inc. for the Preliminary Engineering (30% Final Design) of Phases (Segments) 3 and 4 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04, in the amount of $2,087,600 and appropriating $208,760 from the unused balance of SB-1 Funds; and
WHEREAS, the Preliminary Engineering (30% Final Design) of Phases (Segments) 3 and 4 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04, was funded with $1,878,840 from the 2018 Alameda CTC Project Funding Agreement No. A18-0046 grant; and
WHEREAS, updated 30% Plans of Quarry Lakes Parkway, Phase 3 (11th Street Connection) and Phase 4 (Alvarado-Niles Connection) are essential for developing and revising the Cost Estimates for Phases 1-4; and
WHEREAS, Quarry Lakes Parkway’s profile is a depressed four-lane roadway that includes a Union Pacific Niles Subdivision Grade Separation Underpass Structure in Phase 3 and a BART Grade Separation and Union Pacific Oakland Subdivision Grade Separation Underpass Structures in Phase 4, and a kick-off coordinating meeting was held with Union Pacific (UP) on December 20, 2022, and with BART on January 19, 2023; and
WHEREAS, on December 21, 2022, the Consultant completed the 35% Design for Quarry Lakes Parkway, Phases 1 and 2, which included Plans and Preliminary Engineering Reports (Drainage, Geotechnical Design, Hazardous Materials, Stormwater Management, Pump Station Memo, and Lighting and Landscape Concept) and submitted them to outside agencies and utilities for their review and comments; and WHEREAS, on June 30, 2023, Alameda CTC and Union City executed Amendment No. 1 to Project Funding Agreement No. A18-0046 for Quarry Lakes Parkway (East-West Connector), City Project No. 18-04, to revise the project schedule and deliverable due dates and to extend the expiration date to June 30, 2024; and City Council/RSA Agenda 90 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
WHEREAS, the Quarry Lakes Parkway, Phases 3 and 4 (Grade Separation Underpass Structures), Plans and Cost Estimate has been updated to meet the latest structure and seismic design criteria required by Caltrans, Union Pacific, and BART, and on July 2023, the Consultant submitted 35% Plans to the City, Union Pacific, and BART for their review and comments; and
WHEREAS, the Union Pacific Railroad Public Projects Manual, dated July 30, 2021, Section 5, Grade Separation Projects, now states the UPRR does not allow Underpass Grade Separation Structures and additional specific justification for an Underpass Grade Separation structure will be required; and WHEREAS, in July 2023, the Project Team prepared a UPRR Design Variance Request Report explaining and justifying the planned Underpass Grade Separation Structures at Oakland Subdivision (Phase 4) and the Niles Subdivision (Phase 3) and submitted it to Union Pacific Railroad for their review, receiving their conditional concurrence in September 2023; and
WHEREAS, on August 29, 2023, the Project Consultant Team and Union City staff met with Alameda CTC staff to provide a project update for Quarry Lakes Parkway, Phases 1-4, including the Complete Streets design, the engineering design reports updates (Drainage, Hydromodification and Mitigation), the Resources Agencies permit process, and revised Cost Estimates; and
WHEREAS, on October 17, 2023, Union City and Alameda CTC executed Amendment No. 1 to Project Funding Agreement No. A22-0053 for Phases (Segments) 1 and 2 for Quarry Lakes Parkway (East-West Connector), City Project No. 18-04, to revise the project schedule and deliverable due dates and to extend the expiration date to December 31, 2024; and
WHEREAS, on November 21, 2023, the Consultant submitted the Quarry Lakes Parkway, Phase 2 65% Plans along with updated Engineering Reports (Drainage, Geotechnical Design, Stormwater Management, and Hydromodification and Pump Station Memo) to outside agencies and utilities for their review and comments; and WHEREAS, in February 2024, based on the updated plans for Quarry Lakes Parkway, Phases 1-4, Union City staff and the Project Consultant Team submitted updated draft Cost Estimates to Alameda CTC for their initial review; and WHEREAS, Quarry Lakes Parkway, Phases 1-4 Cost Estimates have increased from East West Connector cost estimates because the previous project plans from 2011 were outdated, and the project component costs did not include an approved stormwater management design (roadway drainage, water quality treatment, hydromodification, and Line M overflow system), the proposed Line M Flood Control Channel realignment design (channel section and layout), and environmental mitigation strategies required by Alameda County Water District, Alameda County Flood Control District, San Francisco Regional Water Quality Control Board, and other regulatory agencies; and
City Council/RSA Agenda 91 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
WHEREAS, the modernized Quarry Lakes Parkway, Phases 1-4 design has contributed to the increase in the cost estimates because:
1) The roadway geometrics, street sections, and profile have been redesigned and updated to meet Caltrans’ Complete Streets design guidelines and multimodal policies, including a separate Class I multi-use trail, buffered on-street bike lanes, protected intersections, future far-side transit stops, and enhanced street lighting for all modes. The designs and project updates have been presented at the BPAC meetings, and other interested parties and bike advocates have been invited for public comment and project input
2) The underpass structures, retaining walls, and concrete slab protection over the existing aquifer have been re-designed to meet current structural and seismic design criteria along with BART and Union Pacific design requirements; and
WHEREAS, Alameda CTC staff prepared letters and emails to Union City staff in 2024 requesting additional information and details on the revised cost estimates with discussion on usable segments and allowable costs of various scope elements, and the Project Consultant Team and City staff have provided the requested information through letters, emails and meetings; and
WHEREAS, the 2018 Alameda CTC PFA No. A18-0046 expired on June 30, 2024, with $801,191 remaining in the grant and the 2020 Alameda CTC PFA No. A22- 0053 was scheduled to expire on December 31, 2024; and
WHEREAS, on June 26, 2024, the Metropolitan Transportation Commission (MTC) approved MTC Resolution No. 4411 approving the programming of Regional Measure 3, Dumbarton Corridor funds in the amount of $130 million to projects in the counties of San Mateo and Alameda, including $25.0 million for Quarry Lakes Parkway; and
WHEREAS, on October 24, 2024, a meeting was held with Alameda CTC and Union City staff to discuss the design status and the complexity of Quarry Lakes Parkway, Phases 1-4, along with a summary of the key design components.
Components include the completed 35% Plans of Quarry Lakes Parkway, Phase 1 (7th Street Connection), the 65% Plans of Quarry Lakes Parkway, Phase 2 (Gateway Connection), and the Preliminary Engineering (30% Design) of Quarry Lakes Parkway, Phase 3 (11th Street Connection), and Phase 4 (Alvarado-Niles Connection); and WHEREAS, at the same meeting, the status of the current project funding agreements was discussed, including the remaining grant funds and milestone schedules and that Alameda CTC is committed to supporting project delivery of usable segments and reiterated the need for a complete 65% design and matching cost estimates to enable their staff to complete the required due diligence related to review of the project scope elements, cost estimates, and reasonableness of the funding plan; and
City Council/RSA Agenda 92 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
WHEREAS, on December 5, 2024, the Alameda CTC Commission approved Amendment No. 2 to the Project Funding Agreement No. A22-0053 for Phases (Segments) 1 and 2 of the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04, increasing the grant funding by $801,191 to complete QLP Phase 1 65% PS&E and extending the expiration date to December 31, 2026, for a total PFA of $5,001,191; and
WHEREAS, the City Council desires to accept this additional grant funding of $801,191.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute Amendment No. 2 to the Alameda CTC Project Funding Agreement No. A22-0053, to accept an additional $801,191, for a total PFA of $5,001,191, for the Final Design of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 Capital Projects Fund revenue budget by increasing the revenue projection in Account Number 4100-00-00-000-0000-091804-44502 (Capital Projects Fund – Quarry Lakes Parkway (East-West Connector) Project – Misc.
County/Local Grants) by $801,191; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2024-2025 Capital Projects Fund expenditure budget by appropriating $801,191 to Account Number 4100-35-30-310-3150-091804-54110 (Capital Projects Fund – Quarry Lakes Parkway (East-West Connector) Project – Professional/Consulting) for Final Design Services of Phases (Segments) 1 and 2 for the Quarry Lakes Parkway (East-West Connector) Project, City Project No. 18-04.
City Council/RSA Agenda 93 Tuesday, January 14, 2025
Resolution No. 2025-XXX
Approve Amendment No. 2 to Alameda CTC PFA
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14
th day of January 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1. Exhibit A – Alameda CTC, Project Funding Agreement No. A18-0046
2. Exhibit B – Alameda CTC, Project Funding Agreement No. A22-0053 City Council/RSA Agenda 94 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
PROJECT FUNDING AGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF UNION CITY
for the
1-880 TO SR 238 (MISSION BLVD) EAST WEST CONNECTOR
This Project Funding Agreement ("AGREEMENT"), dated for reference purposes only as of April 26, 2018, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency ("ALAMEDA CTC"), and City of Union City, a public agency ("PROJECT SPONSOR").
This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:
Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
El 1986 Measure B
• 2014 Measure BB
O Vehicle Registration Fee
111 Transportation Fund for Clean Air
111 CMA TIP
RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority ("ACTA") the responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 1986 Measure B tax will be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan ("1986 LEP"), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, a number of capital projects funded wholly or in part by 1986 Measure B funds will not be completed until 2018 or later.
B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax that will be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority ("ACTIA") responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 2000 Measure B tax will be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan ("2000 lEP"), as it may be amended.
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee ("VRF"), authorizing Alameda County Congestion Management Agency ("ACCMA") to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration or renewal of registration in Alameda County, starting in May 2011, six
City Council/RSA Agenda 95 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.
D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA's functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTLA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors' functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.
E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan ("2014 fhP"), as it may be amended.
F. As the Transportation Fund for Clean Air ("TFCA") Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC will receive these funds from the Bay Area Air Quality Management District ("BAAQMD"), and will then reimburse these funds to eligible project sponsors.
G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program ("CMA TIP") by ALAMEDA CTC.
H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced as the "ALAMEDA CTC ADMINISTERED FUNDS" herein.
Direct Local Distribution ("DLD") funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB is covered by separate agreements between ALAMEDA CTC and DLD recipients.
I. Measure B, Measure BB, VRF, and TFCA funds obligated by this Agreement shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.
City Council/RSA Agenda 96 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan ("CIP") that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.
K. The PROJECT SPONSOR is implementing a project or program ("PROJECT") that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.
L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.
N. By action of ALAMEDA CTC's governing body ("COMMISSION") as part of the COMMISSION's regular monthly meeting on March 22, 2018, and at the request of PROJECT SPONSOR, ALAMEDA CTC authorized the transfer of the sponsorship of the PROJECT to PROJECT SPONSOR, and the assignment of all contracts and agreements associated with the development of the PROJECT to PROJECT SPONSOR.
NOW, THEREFORE, it is agreed by and between the parties as follows:
SECTION I
PROJECT SPONSOR AGREES:
1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Alameda CTC Funding Shift Approval Form
e. Appendix E: Local Business Contract Equity Program
f. Appendix F: Task Deliverables and Due Dates
g. Appendix G: Project Performance Measures
h. Appendix H: Transportation Fund for Clean Air Policies and Requirements i. Appendix I: Assignment and Assumption Agreement
City Council/RSA Agenda 97 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.
3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section 111.2, any changes that require an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to the PROJECT SPONSOR implementing the change.
4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.
5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.
6. PROJECT SPONSOR shall be responsible for costs in excess of the total of the funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total of the funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended or the parties execute separate agreement for a subsequent phase of the PROJECT.
7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT'S "Years of Effectiveness" as shown in either Appendix A: Project Control Information or Appendix 1-1: Transportation Fund for Clean Air Policies and Requirements. The amount of funds returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).
8. PROJECT SPONSOR staff costs for any local agency, which receives DLD funding, shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT.
These costs can be included in the total cost and funding amounts for the purposes of the cost and risk sharing provisions of this AGREEMENT, but PROJECT SPONSOR staff costs shall not be eligible for reimbursement by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, unless specifically identified as eligible in Appendix A: Project Control Information.
9. Fringe benefits for PROJECT SPONSOR staff time shall not exceed a maximum mark-up rate of 70% of the hourly wage, and shall be based on an audited rate provided by PROJECT SPONSOR. PROJECT SPONSOR staff costs may include the individual's actual hourly wage rate plus an approved fringe benefit of no more than 70% of the hourly wage, and may include direct costs including contracts for services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR'S staff.
10. Overhead, or "indirect," costs associated with PROJECT SPONSOR staff time are not eligible for the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.
City Council/RSA Agenda 98 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.
12. PROJECT SPONSOR shall advertise, award and administer any professional services contract for PROJECT work not performed by PROJECT SPONSOR.
13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR's selection panels for the selection of professional consultants, and furnish copies of the professional services contracts to ALAMEDA CTC for ALAMEDA CTC's review and approval prior to approval by the PROJECT SPONSOR on contracts utili7ing Measure B and Measure BB funds.
14. All contracts approved by PROJECT SPONSOR funded wholly or in part by funds authorized by Measure B, Measure BB, and Vehicle Registration Fee administered by ALAMEDA CTC are required to comply with ALAMEDA CTC's Local Business Contract Equity Program as referenced in Appendix E: Local Business Contract Equity Program. To the extent that the procurement of a contract is not required to include the contract goals specified in ALAMEDA CTC's Local Business Contract Equity Program, PROJECT SPONSOR shall not be relieved from the responsibility of reporting LBE/SLBE/VLSBE participation in the contract. PROJECT SPONSOR shall provide this data as required with any request for reimbursement submitted to ALAMEDA CTC.
15. PROJECT SPONSOR shall require that professional services consultants, construction services contractors, volunteer service individuals involved with the PROJECT, and any other contractors or subcontractors name ALAMEDA CTC, its governing body, officers, employees and consultants as additional insured on all appropriate insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall submit to ALAMEDA CTC current insurance documentation on all appropriate insurance required by PROJECT SPONSOR for PROJECT. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall comply with the insurance requirements specified in Appendix H: Transportation Fund for Clean Air Policies and Requirements.
16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall describe the current status of the PROJECT, actions taken, total costs incurred, reimbursable costs incurred during the previous month; actions expected to be taken during the next month; an updated schedule with estimated completion date, scope changes, project-related issues, notices of potential claims, general project issues, contract change orders, performance reporting, reporting of DBE, LBE, SLBE and VLSBE participation from prime and first tier subconsultants as applicable, and any additional relevant information requested by ALAMEDA CTC.
17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:
Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not
City Council/RSA Agenda 99 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR is requesting reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract amount of $50,000 or greater in value, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC (upon ALAMEDA CTC'S request) prior to ALAMEDA CTC authorizing reimbursement of such costs.
Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT costs with the reimbursable portion of the total costs clearly identified. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.
18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log in a format approved by ALAMEDA CTC upon ALAMEDA CTC's request, if the PROJECT includes the acquisition of right of way and/or the relocation or protection of utility facilities. PROJECT SPONSOR shall also provide a monthly update of the right-of-way acquisition plan to ALAMEDA CTC.
19. PROJECT SPONSOR shall keep in one central location all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements for a period of not less than five (5) years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT.
a. PROJECT SPONSOR and PROJECT SPONSOR's contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report. The same access shall also be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.
20. PROJECT SPONSOR shall comply with all of the following publicity requirements under Section 1.20 to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publically distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through
City Council/RSA Agenda 100 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR's website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under Section 1.20 due to extraordinary circumstances.
21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.
22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits being derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.
23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. A list of permitting agencies, required agreements and coordinating agencies is included in Appendix A: Project Control Information.
24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC's request, in regard to its receipt, compliance audit findings, and usage of its funds before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.
City Council/RSA Agenda 101 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD's final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.
SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.
26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout and at least until the conclusion of its "Years of Effectiveness" as shown in Appendix H: Transportation Fund for Clean Air Policies and Requirements.
27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form, included in Appendix H.
28. PROJECT SPONSOR acknowledges and agrees that ALAMEDA CTC's funding commitment as set forth in this AGREEMENT is conditioned upon the full execution and delivery of the Assignment and Assumption Agreement attached as Exhibit I hereto.
SECTION II
ALAMEDA CTC AGREES:
1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.
3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.
4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.
5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS.
City Council/RSA Agenda 102 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. That obligations of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT covered by this AGREEMENT, or between activities in the same phase of the PROJECT, provided that PROJECT SPONSOR: (A) obtains ALAMEDA CTC's prior written approval through completion and submittal to ALAMEDA CTC of the form in Appendix D: Alameda CTC Funding Shift Approval Form, and (B) provides a revised and updated Appendix A: Project Control Information to ALAMEDA CTC which reflects the requested shift of the funding obligations authorized by this AGREEMENT and demonstrates that the phase or activity from which the funds were shifted remains fully funded. Alternatively, ALAMEDA CTC ADMINISTERED FUNDS may be shifted through an amendment to this AGREEMENT executed by the parties, which amendment shall incorporate a revised and updated Appendix A as described above.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an "Administrative Amendment" for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISIERED FUNDS obligated by this AGREEMENT, including any agreed-upon estimate to prepare the traffic study described in Appendix A. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR.
Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, (i) a "Contract" shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) "PROJECT SPONSOR Staff" costs include costs related to staff dedicated directly to management, oversight, or development work on the project and may include direct costs including contracts for services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) "Capital" with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) "Agreement Expiration Date" shall mean and refer to the expiration date of this AGREEMENT.
4. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all cases, reimbursable costs will be limited to those costs shown in Appendix A: Project Control Information, to be funded by ALAMEDA CTC as shown in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.
5. ALAMEDA CTC ADMINIS I FRED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.
6. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be
City Council/RSA Agenda 103 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.
ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.
7. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.
8. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix H:
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.
9. The laws of the State of California shall govern this AGREEMENT.
10. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix H: Transportation Fund for Clean Air Policies and Requirements.
11. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.
12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A:
Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. For TFCA funds obligated by this AGREEMENT, in the event reimbursement requests are greater than available funds due to delays in ALAMEDA CTC's receipt of revenue from BAAQMD, available funds will be reimbursed to PROJECT SPONSOR based on the percentage that the PROJECT cost bears to ALAMEDA CTC's overall TFCA program revenue total until such time full funding is available.
13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of
City Council/RSA Agenda 104 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may de-obligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.
14. Request for Reimbursements submitted after the Agreement Expiration Date identified on Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.
ALAMEDA CTC will de-obligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.
15. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which incorporates the applicable terms of such revised Policies.
16. For the purposes of the following provisions, "ALAMEDA CTC Share" shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at no cost to ALAMEDA CTC; "Fair Market Value" of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and "CPI" means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within three (3) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such three (3) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property's Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC.
City Council/RSA Agenda 105 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within three (3) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be "excess property" after the completion of the PROJECT and disposal of the "excess property."
c. If the PROJECT begins construction within three (3) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (iv) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If; after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.
17. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.
If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account.
18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following:
City Council/RSA Agenda 106 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations (and net of any relocation payments provided by other sources) when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.
20. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.
21. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
22. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
City Council/RSA Agenda 107 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.
23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.
24. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.
25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections 111.21 and Section 111.22 shall survive the termination or expiration of this AGREEMENT.
27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections 111.1 and Section 111.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page]
City Council/RSA Agenda 108 Tuesday, January 14, 2025
By:
Antonio E. Acosta
Z9 41'4 1-zoig
Date Arthur L. Dao
By.
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
CITY OF UNION CITY
(PROJECT SPONSOR)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
City Manager Executive Director
Recommended Recommended
.411.441.
/
-
omas
Public Works irector
Reviewed as to Budget/Financial Controls:
By: 1 /2i(
Patricia Reavey 6 Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:
By:
Kris Kokotaylo, dty Attorney
Legal Counsel to CITY OF UNION CITY
ArrEST:
Anna M. Brown, City Clerk
Approved as to Legal Form:
Wendel, Ros'en;Black & Dean IT P Date
Legal Counsel to ALAMEDA CTC
el*Cf >511( By:
Date
City Council/RSA Agenda 109 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Phase Descriptions
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Responsibility Checklist
Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies
Appendix A-8 Additional Project Considerations
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS Appendix C-1 Request for Reimbursement and Progress Reporting Frequency Requirements Appendix C-2 Sample Alameda CTC Request For Reimbursement Instructions and Forms Appendix C-3 Sample Alameda CTC Progress Report Format
Appendix C-4 Sample Alameda CTC Final Report Format
APPENDIX D: ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
APPENDIX E: LOCAL BUSINESS CONTRACT EQUITY PROGRAM
APPENDIX F: TASK DELIVERABLES AND DUE DATES
APPENDIX G: PROJECT PERFORMANCE MEASURES
APPENDIX H: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix H-1 TFCA Project Number and "Years of Effectiveness" Appendix H-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix H-3 Minimum required insurance for TFCA-funded projects Appendix H-4 Annual Interim (Progress) Report to BAAQMD for TFCA-funded projects Appendix H-5 Final Report to BAAQMD for TFCA-funded projects Note: Appendix H is only included and attached to this AGREEMENT if 11.CA funds are obligated and applicable to AGREEMENT.
APPENDIX I: ASSIGNMENT AND ASSUMPTION AGREEMENT
City Council/RSA Agenda 110 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Phase Descriptions
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Responsibility Checklist
Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies
Appendix A-8 Additional Project Considerations
Appendix A — Page 1
City Council/RSA Agenda 111 Tuesday, January 14, 2025
The project will construct an improved east-west connection between 1-880 and Route 238 (Mission Boulevard). The project is a combination of new roadways, improvements to existing roadways, improvements to intersections along Decoto Road, Fremont Boulevard, Paseo Padre Parkway, Alvarado-Niles Road and Route 238 (Mission Boulevard) and includes bicycle & pedestrian facilities along the project.
Segment A limits — On Decoto Road from 1-880 to Paseo Padre Pkwy & on Paseo Padre from Decoto to new roadway Segment B liirnts — On new roadway from Paseo Padre Pkwy to Alvarado Niles Road Segment C limits — On new roadway from Alvarado Niles Road to SR 238 (Mission Blvd) Segment D limits — Intersection of new Roadway and SR 238 (Mission Blvd) Project Map
Project Area
-4--Slccz yk*
Union City
4./
Apperldix A — Page 2
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-1
PROJECT DESCRIPTION
Project Title: 1-880 to Route 238 (Mission Boulevard) — East West Connector Project Project Description:
City Council/RSA Agenda 112 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-2
PROJECT PHASE DESCRIPTIONS
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:
[DESIGN]
• Union City will complete the design packages (Segments A-D) to 100% complete. • Union City will take over as lead agency for the CEQA document. • Union City will prepare an updated traffic study covering at least the area from the Dumbarton Bridge to the Union City BART station.
• Union City shall determine whether an update, amendment or addendum to the current environmental document is required. Union City shall return to update the Commission on the environmental assessment. • As part of the final design work, Union City shall work with transit, pedestrian and bicycle groups to ensure that the design meets the needs of those interests, in terms of connectivity, safety and related concerns. • Union City will report to the Commission upon completion of the design work and preparation of a final cost estimate.
Right-of-way acquisition or implementation of mitigation measures are not included in this phase.
Appendix A — Page 3
City Council/RSA Agenda 113 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-3
PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Scoping
Preliminary Engineering/Environmental Studies
CEQA Approval April 2009
NEPA Approval
Final Design (Plans, Specifications and Estimate (PS&E)) July 2009 Right-of-Way Acquisition July 2018
Right of Way Certification Dec 2019
Construction Jan 2020 Jan 2023
Operations
Other/non-capital: (describe here)
Notes:
None
Environmental Clearance Status:
CEQA NEPA
Environmental Document Type EIR
Begin Environmental Process Jun 2007
Draft Circulation (if known) Dec 2008
Date of Public Meeting (if known) Jan 2009
Final Draft Submitted Mar 2009
Actual Certification Date Apr 2009
Percent Complete 100%
Notes: PROJECT SPONSOR is required to evaluate whether an update, amendment or addendum to the current environmental document is required and report back to the Commission. This evaluation shall include preparation of an updated traffic study covering the project limits.
Appendix A — Page 4
City Council/RSA Agenda 114 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-4
PROJECT RESPONSIBILITY CHECKLIST
Project Responsibility Checklist: The table below identifies specific project responsibilities of the ALAMEDA CTC and the PROJECT SPONSOR for implementing the PROJECT contained in this AGREEMENT.
No. PROJECT ACTIVITY ALAMEDA CTC SPONSOR
1. Provide Conceptual Geometrics (GAD) C
2. Approve Conceptual Geometrics C
3. Provide Available Survey Control, Topography & Aerial Survey Data C
4. Obtain Permits C
5. Prepare Engineering Studies & Reports C
6. Review Engineering Studies & Reports C
7. Approve Engineering Studies & Reports C
8. Review R/W Requirements (takes, easements, etc.) C
9. Approve R/W Requirements (takes, easements, etc.) C
10. Prepare R/W Acquisition Permits C
11. Review R/W Acquisition Permits C
12. Approve R/W Acquisition Permits C
13. Acquire R/W C
14. Prepare Record of Survey C
15. Review Record of Survey C
16. Transfer R/W to State C
17. Locate Existing Utilities C
18. Coordinate Utilities Relocation with Utilities C
19. Prepare Utility Agreements C
20. Review Utility Agreements C
21. Approve Utility Agreements C
22. Execute Utility Agreements C
23. Prepare PS&E and all associated documents C
24. Review PS&E and all associated documents C
25. Approve PS&E and all associated documents C
26. Advertise Construction Contract C
27. Open Construction Bids and Proposals C
28. Contract Award Recommendations C
29. Award Construction Contract C
30. Administer Construction including Inspection & Surveying C
31. Review Contract Change Orders (CCO's) C
32. Approve CCO's C
33. Design Services During Construction C
34. Prepare As-Builts C
35. Close-out Contract C
LEGEND:
C = consultant
S = staff
S/C = staff and contractor/consultant
Appendix A - Page 5
City Council/RSA Agenda 115 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-5
PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE
PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE (all numbers in $000s) PHASE
Alameda CTC Administered
Funds
Other Fund
TBD
Total
Fundingl
Reimbursement
Ratio
Percentage2
1986 Measure B
Planning/Scoping - -
Preliminary Engineering/
Environmental Studies
-
Final Design (PS&E) $2,500 $0 $2,500 100%
Right-of-Way Capital -
Right-of-Way Support
Construction Capital -
Construction Support -
Preparation of traffic
study update3 TBD - TBD
Total Funding $2,500 + $0 $2,500 +
Notes:
1. The table above shows only funding committed to PROJECT SPONSOR as part of this AGREEMENT, and does not include funds previously spent by ALAMEDA CTC on this PRojEcr during ALAMEDA CTC's sponsorship. PROJECT SPONSOR is limited to $2.5 million in Measure B funding for the remaining final design work.
2. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS over the Total Funding.
3. Prior to any expenditures of Measure B funds on the traffic study, PROJECT SPONSOR shall provide ALAMEDA CTC with an estimate of the cost to prepare the study. If ALAMEDA CTC accepts the estimate, the agreed-upon amount shall be incorporated into this Appendix A-5 and into Appendix B pursuant to an Administrative Amendment.
Appendix A — Page 6
City Council/RSA Agenda 116 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-6
PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.
PROJECT PHASE COST DETAIL (all numbers in $000s)
Env/Design Phase
1986
Measure B
Allocated Other Local
Total
Cost
SPONSOR STAFF COSTS
Sponsor Staff Time $0 $0 $0
Sponsor Direct Costs $0 $0 $0
Sub-total Sponsor Staff Cost $0 $0 $0
CONTRACT COSTS
TY Lin Int'l $2,500 $0 $2,500
Traffic study 1 TBD $0 1 BD
Sub-total Contract Cost $2,500 + $0 $2,500 +
Total Phase Cost
(Staff + Contract Costs) $2,500 + $0 $2,500 +
Special Considerations related to finding the breakdownfir the phase, e.g. 100% one fund source, certain funds to be expended before others, etc.
I. Prior to any expenditures of Measure B funds on the traffic study, PRojEct SPONSOR shall provide ALAMEDA CTC with an estimate of the cost to prepare the study.
If ALAMEDA CTC accepts the estimate, the agreed-upon amount shall be incorporated into this Appendix A-5 and into Appendix B pursuant to an Administrative Amendment.
Appendix A — Page 7
City Council/RSA Agenda 117 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-7
PERMITS/AGREEMENTS/COORDINATING AGENCIES
A list of permitting agencies, required agreements and coordinating agencies is included in this appendix.
Per Section 1.23 of this AGREEMENT, PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
PERMITS:
• USACE 404 — Wetlands
• CF & G 1602 — Streambed Alteration
• RWQCB 401 — Water Quality
• USF & WS Section 7— Endangered Species
• NMFS Section 7 — Endangered Species
• SHPO Section 106 — Historic Preservation
AGREEMENTS:
• BART — Design Agreement executed; Construction Agreement still necessary • UPRR — C&M Agreement still necessary
• Verizon/Sprint — Design Agreement still necessary
COORDINATING AGENCIES:
• Alameda County Public Works Agency (ACPWA)
• Alameda County Transportation Commission (ALAMEDA CTC) • California Department of Transportation (Caltrans)
Appendix A — Page 8
City Council/RSA Agenda 118 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX A-8
ADDITIONAL PROJECT CONSIDERATIONS
As noted above, ALAMEDA CTC's funding obligations as set forth in this AGREEMENT are contingent upon PROJECT SPONSOR taking all necessary actions to assume the TY Lin contract for the delivery of the PROJECT:, including but not limited to execution and delivery of the Assignment and Assumption Agreement attached as Appendix I
A07-0001 T. Y. Lin International, Inc. Contract value $19,684,918 Alameda CTC has paid a total of $17,676,095 for work completed through 5/4/18. T. Y. Lin International has delivered the following work products to ALAMEDA CTC, copies of which will be delivered to PROJECT SPONSOR following the parties' execution of this AGREEMENT:
• Segment A Plans, Specification, & Estimate @ 95% complete • Segment B Plans, Specification, & Estimate @ 65% complete • Segment C Plans, Specification, & Estimate @ 65% complete • Segment D Plans, Specification, & Estimate @ 65% complete • Right of Way Engineering & Plat Maps complete for Segments A, C, & D • Right of Way Engineering complete for Segment B
Alameda CTC will provide copies of these deliverables after the Agreement is fully-executed.
The remaining contract balance is $2,008,823. Measure B funding under this AGREEMENT for the remaining design work is limited to $2,500,000.
The following agreements will be terminated upon the parties' execution of this AGREEMENT, and PROJECT SPONSOR will be required to enter into new agreements with these agencies to complete the work under each such agreement.
1. BART 8-7/17 BART
Design review of the BART line grade separation with the East West Connector project
2. UPRR 745264 Union Pacific Railroad- Niles Subdivision MP Design review of the Niles Subdivision grade separation with the East West Connector project
3. UPRR 745266 Union Pacific Railroad- Oakland Subdivision MP Design review of the Oakland Subdivision grade separation with the East West Connector project
4. Verizon/MCI R40070-001
Design review of the Verizon Fiber Facilities with the East West Connector project Appendix A — Page 9
City Council/RSA Agenda 119 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.
TABLE B-1
FUNDS OBLIGATED BY THIS AGREEMENT
AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES (all numbers in $000s) Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline Date
Obligated
Amount
1986 Meas B Design 03/22/2018 07/01/2018 The Agreement
Expiration Date serves
as the wpenditure
deadline.
$2,500
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $2,500 Agreement Expiration Date: 6/30/2023
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source, except as otherwise provided in Appendix A-5.
2. The Commission Approval Date is the date of the Commission Meeting that authorized and approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date to incur eligible reimbursable costs. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.
4. The Expenditure Deadline Date identifies is the last date to incur eligible reimbursable costs. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement the identified Expenditure Deadline Date in the above table is two (2) years from the date of the first receipt of funds by the ALAMEDA CTC from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. Extended deadlines will be reflected in an amended Table B-1, once approved.
Appendix B - Page 1
City Council/RSA Agenda 120 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.
TABLE B-2
ALAMEDA CTC ADMINISTERED FUNDS
REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE (all numbers in $000s) No. Fiscal Year Quarter Fund Source
Quarterly
Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 2018-2019 1st 1986 Meas B $700 $700
2 2018-2019 2nd 1986 Meas B $700 $1,400
3 2018-2019 3rd 1986 Meas B $700 $2,100
4 2018-2019 4th 1986 Meas B $400 $2,500
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 Notes:
1. Fiscal Year (FY) begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.
3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following a receipt and approval of a Request for Reimbursement(s) by the PROJECT SPONSOR.
4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC's written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter.
Appendix B - Page 2
City Council/RSA Agenda 121 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
Appendix Index
Appendix C-1
Appendix C-2
Appendix C-3
Appendix C-4
Request for Reimbursement and Progress Reporting Frequency Requirements Sample Alameda CTC Request For Reimbursement Instructions and Forms Sample Alameda CTC Progress Report Format
Sample Alameda CTC Final Report Format
Note:
• The latest electronic versions may be obtained from http://www.alamedactc.org/app_pages/view/8066. • The format and content required are subject to change.
Appendix C — Page 1
City Council/RSA Agenda 122 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX C-1
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.
Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING
FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
El Monthly
(once every month)
One month By 30 days of end of billed
activity
N
Quarterly
(once every 3 months)
Quarter 1: 7/1— 9/30
Quarter 2: 10/1 — 12/31
Quarter 3: 1/1— 3/31
Quarter 4: 4/1— 6/30
By October 31st
By January 31st
By April 30th
By July 31st
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 — 12/31
Quarters 3 & 4: 1/1 — 6/30
By January 31st
By July 31st •
El
Annually
(/.1-C4 Annual Report)
Fiscal Year: 7/1 — 6/30 By September 30th.
N
Final Request for
Reimbursement
Any work period eligible
under Appendix B.
Must be submitted prior to the
Agreement Expiration Date.
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement are one (1) per month.
2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.
3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices. See Appendix H for TFCA-specific report forms.
4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.
Appendix C — Page 2
City Council/RSA Agenda 123 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX C-2
SAMPLE ALAMEDA CTC REQUEST FOR REIMBURSEMENT INSTRUCTIONS AND FORMS ANT.. Coats Trampertssen Comreadan tarammia cro
AlBrAt55,unlaT - Ala-NNOCLCRLNunt eNdiaenNall5515 5
1111 &dales, Nino NV
Os11.1151, CA NW? FORMS
Alameda CTC Administered Funds
11,1eamre 3mAessumBEINTMCMATKTTCA
Request for Reimbursement Summary
I,.oke 040,
Nog
Prok6 EOM.
nrsnote.deNamaG
Lemma,. el Ono by... /Task' Alameda CIS Administered Fun. 0,11er Melding Nelds AS Funds ........----, T'""...c,". ............. ,..
"T".' raw/ 1.'
• 1,..... rft
km5,1exe I
Named.
A.'....
kw.,
,.,. .
mt... cc:
tam,
unmtems, cm
'"...
......
rar.Mbenala Re
....F....
.. ........510
.......
......''...
• kte.
.........
"....4.... Tad
0...4..
a Ns ....TV.
lv-suatt./...c.
h.,. *ewe maltase.=
5 5
5 5 . 4 5
: 5 5
$ a 5 5
5 5 r
- 5 5
5 TOTAL . .
.2=7
Ongen. Spew. Cgryfrapor,
20,41‘ ar., idaransn v r 5115, ..orstANT51-er55, Nod. ata Oat Pa 055.5. medd, pa.1 al 7,1■1 6. ern. niesed FORM 2
SPONSOR COST DETAIL
Project Sponsor:
Agreement Ned
Project Number IAPNI5
Grant No.
Billing Period (From - Top 0
Income Dale 110/00
Invoice No. 0
SECTION A. SPONSOR STAFF TIME COST DETAIL
Phase/
Task No."
, Employee Name Staff Rate
lS/Nel'
Alameda CTC
Funded Hours
Other
Funded Hours
Total
Hosts
IA S OnctO
Alameda CTC Funded
Costs
Other Matching
Funded Costs Total Cosh
0.00 $ $ $
O.CO $ - $ $ -
000 5 $ - 5
0.00 5 5 5
0.00 $ $ 5
0.00 $ 5 5
0.00 5 - 5 5
0.00 5 5 - 5
0.00 $ 5 $
0.130 $ $ 5
TotalStaflCosts $ - S - $ -
SECTION 8: SPONSOR DIRECT COSTS /2031t Ad, moo.... vendors. purchase enlers. Item!. cod,...) Phase /
,
Task No."
Vendor Brief Description of Cost Alameda RC
Funded CosIs
Other Matching
Funded Cons ToblCosts
5 .
5 S .
5 5
5 5 .
S 5.00 S 5.00 5 30.00
$
5 5
Total DIrectCosts 5 5.00 $ 5.00 5 10.00
TOTAL AMOUNT
Opens,. Staff Tirne • Direct Casts/
0. Ru-s• /Tea! No. mat match VINta.MIMIrt kneme-grinIrenL
71..2,111... rat* es oull.nwl spenter suit A...L.,. farm 3 Aer,erlreel ram e. ken, tee 42^.S11.1a. alown
.1 0 0O. dad 1.. 5 for .5 00 1 to p
chrtaconmr. maw:Sen., d u.r.nt exo.
5 amen suppneerd deramsnotme.., cop....Wu., .41 In.., merges
5.130 5 10.00
FALSE FALSE -
Total Request me Match Amoorespom Cover S -
Total Request Matcher Form I - Cover Shea? FALSE
Appendix C — Page 3
City Council/RSA Agenda 124 Tuesday, January 14, 2025
TOTAL tow
yen. llama Vander
Orr
Craig.= Ofiga Vendor
Calm. Anseurt
Current Vander %Cum. Yu*
Con.. Arroaml IhgvissAIT Cuncil Invece Tatal Inrcneed.lo. Date Total Pak.-Cut• ilemarnAtx Anan. Invoiced o I w
.00
ULM
50 CO
tow
.00
RIM
So co
• RICO
Di
Vartlar llama 5 V OW
Cunvnt Venlor
CeNtex1Ano.5 Taal 1.01.brOolc
OIL
Ao.1 To Clabe
SUIT
..esucreoxe
WAIF
Amalie [Me AzIwiTe Cate lOwl To Date
TOTAL
GOY.
ups',
NIA Per Cantran
0.04111
ROCA( Fer Caste.
StibUrea.hala ravren MK.
Date of Last
Paymeml Yowl.. Name Total 11111.1a.04ig
Reicerteu.,-,ents
intel4e5
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
FORM 3
SPONSOR STAFF RATE SHEET
Project Sponsor:
Contact Name:
Phone Na.:
E-mail:
Alameda dC Agreement No.: 0
Project No. (APN): 0
Invoice Date: 0
Employee Name Title
Hourly
Rate
(5)
Fringe
Benefits
(0)
Sponsor
Fringe
Benefit
Rate
HSI
Maximum.
Fringe
Benefit
(%)
Allowable
Staff Rate
(0)
Role on Project Period Effective
70.00% $ -
70.00% $
70.00% $
70.00% $
70.00% 5 -
70.00% $
70.00% $
70.00% $ -
70.00% 5
70.00% 5
70.00% 5 .
70.00% 0
70.00% $
70.00% $
70.00% 5
70.00% 5
70.00% $
70.00% 5
70.00% 5
70.00% 5 -
70.00% 5
70.00% $
70.00% 5
70.00% $ -
Reviewer's Comments
VENDOR COSTS FORM FORM 4
Prune ansultanG
Apren....■ NA.
Phoge/C..wripta:
hrialITASforn].
Fogg.. Me.,
Onsral.rtraO Amount 5
....Amen Mar5
Lin. Contract Arreant
Remiriry Audy-rt
VINCIOR COSTS
SUMMARY OR GOAL PARTIOPATION
Appendix C — Page 4
City Council/RSA Agenda 125 Tuesday, January 14, 2025
Sta.
No. TOTAL
Other
Matding
Funds
Alameda CTC
AdminIstered
Funds
Period
A431. 04.0/01
10 TOTAL
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX C-3
SAMPLE ALAMEDA CTC PROGRESS REPORT FORMAT
AnIr0.4 313V111131713313 3313411
PROJECT PROGRESS REPORT
PROJECT TITLE
PROJECT SPONSOR
PROJECT NUMBOt
REPORTING PER/00:
nu0nna.,12
1. CURRENT STATUS
O TJORJ000JGIJWSWIFSRICR.OJeOI S0s.+. --..w.:1,,,Orslants O We entkJpated Issues b:n do not need Alameda Clef asslitanet etthis time. 6.nreqe tv6Lv O 1Ve antklpate Issue, and may require Alameda CIC's assistance. Deunbe Le.
2. ACTIONS.. nn nrnen2prn.,/
3. ANTICIPATED ACTIONS
4 AMENDMENTS TO SCOPE, COST, SCHEDULE, PERFORMANCE MEASURES o No thanes or amendmerft required to the funding agreement o Changes art required to the follOwInD
▪ Scope
O Budget/ Cott
O Schedule
O Performance Measures
O Amendment Request previously subretted or attnhed.
fa • an ',areas marked. tequiring clurn,es, indade en Amendmen: Request for review d amoral. Pot scope change., Indurk ron,ort, change orders (Rds)over$20.000 on construcdon and professional service tontnans.
5. POTENTIAL CLA/M5
O There are no tiofiref ol Potential Claim on File.
0 We anticipate a than regarding the lonowinc
0 Thereon preeently !Enter Number} r !am(s) of Potnnial Claim on file. those not previously forwarded are attached far review and comment.
6. EXPENDITURES AND REIMBURSEMENTS
Pron"e= Reno, P.ge 1014 Project Prcgress F mars Pamir..<
7. PUBLICITY REQUIREMENTS
LI Pro,ect infornulmn is conently available mine, at the (ollonsng web nddrese: :Enter link). 0 Pr4.ct signal,bupsulsob u.pquadLsyUu,fu,sJi6aJeuerreti 0 Projert informatkm pubialled at least annual,. liej.601.% the pro6e, an Inf. helm, Date of Puldka Don Name of Publication
DbAStrFodoa ,tPo,res,pktIoriRtthseeseTuIrrflmsa,e,030hrdFethEop,nUnF,eJ,oI te sennnehots, Lop.. of =Wu, photos of Myna,.
0 If any or the items were not compielcd.eqplain
PERFORMANCE MEASURES PROGRESS REPORTING
Proje2t Performance Meaunes a re completed in the Table 7 bekwe Project Petionnance Mequon Norms Report i5 nut induded connected be.use no Performance MenunnTarguls ato anociated project.
Table] Penonnenee Measures Repot:.
N o.
Performance
Measure
Target ProgressMeNvIty to date ProgressIAttentv this
Period
1 2
4 S
6 I. 1.3‘3•13,004,44-1,41■34.1.74[4•41 ennts Pc.deu furnnt ...nensent.f. an,a
4. .4.3134a3333.4511310W83f 41.3413113147C 0.0330113330.30 M103 NW 50..“ roots
•PlIn3.133,./.331444 in 3.4111.14441,311
Sams
113.73 at 13/17
314413
1Y 34/16 331419
3 34 39340 TOM
5 5
5 5
, •
.
,
I
5 5
I
s
5 S
5 a I
5 1
2.1431.11.4.33•4440 $ 11 1 3
.13-34.43-4.1
Appendix C — Page 5
City Council/RSA Agenda 126 Tuesday, January 14, 2025
Tho table is not apply bk. No Performance Measures or Targets idennfied in the lunch,. a,7eement. Project benefio nd outcomes are desa lier m di, report.
ClUtlAse.u.n.■11.o.
10•1 %mere
XWASF
,Mr
'I null Ixperte...
fik0.1.09010171.1117 SWAIM,
7. EGIN1717111lE SIBALVIA7
pnarcroosEoLrr
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX C-4
SAMPLE ALAMEDA CTC FINAL REPORT FORMAT
MAMMA (7C AnwIWITIIM
FINAL REPORT
FOR THE [INSERT PROJECT TITLE]
FORIINSERT PHASE(s)]
PROJECT TITIL
PROJECT SPONSCrit
PROIECT NUMBER
REPORTING PERIOD:
1. PROJECT DESCRIPTION
Perak o brie/description ofservImespnnided, inyorovements toratzutte4 vorl/or Implemented in ...fame swab the Jundmg agreement.
2. SUMMARY OF PROJECT DELRIERY MILESTONES
Nava a brief dewriptIon of arbons token al& truieszbnes ready. to dehrerthe prcjed.
3. SUMMARY OF PROJECT BENEFITS
Proirlde a brief des:Option of peeper Atereftrabedulnearnel
4. FINAL PERFORMANCE MEASURES REPORTING
No.
Performance
blexure
Table 1 -Performance
Target
Measure, Reraorr.
gunniative
Perlormans
Performance Measure
and Targets Athiered? r
2 ■
5 4
.. I 7..t a I pmr...murtct Ir
7,4 br.
S. PUBLICITY REQUIREMENTS
Project Information was available online, at the renewing .b address: [Enter bal.
Project siUsage was posted as moulted by the funding agerrnerd.
Foject Informabon was published annually highlight the project, as Wed below.
Date of Publication Marne of Publication
C The above to documented ma atlaclonents lo the poltroon progress reports. AdditMnal documentation. If applicable. is also attached for any previously not submitted pubErcily documentation screenshoo, photographs. copies of articles...
6. laPENDITURES AND REIMBURSEMENTS
No.
Sta.
wen.
........nnern
Period
run . mama
Alameda crc
Adz...tend
Nneir
Mar
Matching
Funds
TOTAL
I
4 6
6 9
10 TENURE S S
mal Repat Page 3ore
rrr,
Appendix C — Page 6
City Council/RSA Agenda 127 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX D
ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
ADMINISTRATIVE AMENDMENT No. pc]
the Se.:•.tion I I I .1 of thr A:1P.17731,77147 - Obligation5 or AL.M,TIDA A7IMINT,TET.FTI PIPIT-I a Edson red by thus AGFEEFENT may be shied be7ween the phases of the PROIECX covered by this A,:.:1-2EI.ENT, or between activities in th.: same phase of the PROJECT. Th,s includes shift funding oh .tine between 7 PI LASES. Incal ears 11d - or obl:vtioin between "Cuinracts" and 'SpJnsor Stall' coals.
The P,t IttIlT .Ss' (.Al■ Obtain A LAME, !A C.TC. written approval of In advance throu211 zoo-pinion and subis:Ittid to Al AMEDA C.:EC o t this tons:: ALAI.4717•A ' 71.C; turidins Shirt Approval :'nrrn: and I 3.:Pi oxide a revised and updated Appendix A — Proicct Control Infrrnation to the ACTZEMEHT wh:ch reflects the requested shift of the funding obligations authorized by this AGFEMIEIT and demonstrates that the phase or fr.ini which the funds were slir::ed remains fully fundts.l.
The propose of this Antendment No. [Insert No.] is to document the PROJECT SPONSO R's requem Allid Alameda CTC's approval of the shift of ALAMEDA. CTC ADMINISTERED FUNDS obligations as reflected in die table(s) below and in the revised Appendix A — Project Control Tnformation and Appendix B: Al.:tut-NU CTC ADM I N ISTERF.O Ft:Nps Obligated by this AGREE mENT.
Sponsor
Project No.:
Agreement No.
Project Description:
Date Executed:
PHASE(S):
Aftathed env Keiisizms to fabies
Appendix A: Project Control information
Appendix B: A1ji5t. c-rcA.7.4..rn-Tr=_Er FITT S Olaligalcct by this ACIREEls LENT
SPONSOR
Reg:le:red by:
CTC
Approved by
Anrtlinsniined
Sinantre: Sivnature:
I >ate: Date:
Appendix D — Page 1
City Council/RSA Agenda 128 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX E
LOCAL BUSINESS CONTRACT EQUITY PROGRAM
Per Section 1.14, the Project Sponsor shall abide by the current Alameda CTC Local Business Contract Equity program requirements referenced here: http://www.a1amedactc.org/app_pages/view/4543 Appendix E — Page 1
City Council/RSA Agenda 129 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX F
TASK DELIVERABLES AND DUE DATES
Project Task Deliverables and Due Dates: The Task Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.
Task Deliverables and Due Dates
Task
Deliverable Deliverable
Deliverable
Due Date to
Alameda CTC
1 Request to update the Commission on the Environmental Assessment
October 1, 2018
2 Request to Update the Commission on the design work and preparation of a final cost estimate.
June 1, 2019
3 Final Invoice 6/30/2023
4 Final Report 6/30/2023
Notes:
1. Task Deliverables shall be received and approved by the Alameda CTC prior to Alameda CTC releasing a payment for a Request for Reimbursement.
Appendix F - Page 1
City Council/RSA Agenda 130 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX G
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.
Project Performance Measures and Targets
Performance Measure Target
Environmental Re-evaluation Jan 2019
Project Ready to List Jul 2020
Project Complete Jun 2023
Provide an important east-west link in the transportation network in Fremont and Union City. Reduce local traffic congestion and driving time.
General Transportation Benefits:
• Provide access to constructed and planned projects in Fremont and Union City • Provide opportunity for economic revitali7ation
• Improve access to the transit facilities and businesses in the project area • Improve transit operation within project area by reducing congestion along exist and future transit routes
Note:
1. Improvements are expected to achieve, as best as possible, the performance measures targets and/or project outcomes as established herein.
Appendix G — Page 1
City Council/RSA Agenda 131 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX H
TRANSPORTATION FUND FOR CLEAN MR POLICIES AND REQUIREMENTS Not Applicable
Appendix H — Page 1
City Council/RSA Agenda 132 Tuesday, January 14, 2025
Alameda CTC Agreement No. A18-0046
Project No. 1177.000
APPENDIX I
ASSIGNMENT AND ASSUMPTION AGREEMENT
[Attached]
Appendix I — Page 1
City Council/RSA Agenda 133 Tuesday, January 14, 2025
ASSIGNMENT AND ASSUMPTION AGREEMENT
(T. Y. Lin International, Inc.)
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT dated as of May 7, 2018 (this "Assignment"), is by and among the ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency ("Assignor"), and the CITY OF UNION CITY, a municipal corporation ("Assignee"), who hereby agree as follows:
RECITALS
A. Assignor, as successor to the Alameda County Transportation Authority ("ACTA"), and T. Y. Lin International, Inc. ("Consultant") are parties to that certain Agreement No. A07-0001 dated June 28, 2007, as amended by Amendment No. 1 dated October 22, 2009, Amendment No. 2 dated June 25, 2015, and Amendment No. 3 dated September 2, 2016 (as so amended, the "Agreement"), pursuant to which Consultant agreed to perform preliminary engineering, environmental studies and final design services for the East-West Connector Project ("Project") in the cities of Fremont and Union City as part of ACTA's Measure B program, all as described in more detail in the Agreement.
B. By action of Alameda CTC's governing body ("Commission") as part of the Commission's regular monthly meeting on March 22, 2018, and at the request of Assignee, Alameda CTC authorized the transfer of the sponsorship of the Project to Assignee, and the assignment of all contracts and agreements associated with the development of the Project to Assignee, including but not limited to the Agreement.
C. On or about the date of this Assignment, Assignor and Assignee intend to enter into that certain Project Funding Agreement ("PFA") pursuant to which Assignor agrees to provide certain funding to Assignee for development of the Project, on and subject to the terms of the PFA. The PFA provides that Assignor's funding obligations under the PFA are conditioned upon the full execution of this Assignment by the parties hereto, among other conditions.
D. Assignor has previously provided Assignee with copies of the fully-executed Agreement, including the amendments thereto.
Assignor desires to assign to Assignee all of its rights, duties and obligations under the Agreement, and Assignee desires to accept and assume such rights, duties and obligations.
E. Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Assignor and Assignee hereby agree as follows:
1. This Assignment shall be effective as of the later of (i) the date of full execution of this Assignment and delivery of signature pages or fully-executed counterpart originals to each party, or (ii) May 7, 2018. Such later date shall be referred to as the "Effective Date" hereunder.
2. As of the Effective Date, Assignor hereby assigns and transfers to Assignee all right, title and interest of Assignor in, to and under the Agreement, and Assignee accepts the foregoing assignment and assumes and agrees to perform all of the agreements and obligations of Assignor under the Agreement arising from and after the Effective Date, and agrees to be bound by all of the terms and conditions of the Agreement.
016861.0208\5090455.1 1
City Council/RSA Agenda 134 Tuesday, January 14, 2025
3. Within two business days of the Effective Date, Assignor shall provide Consultant with notice under the Agreement that the same has been assigned to, and assumed by, Assignee as of the Effective Date. Such notice shall inform Consultant that (i) City of Union City shall be Assignee's representative with respect to the Agreement; (ii) Consultant shall add Assignor, its officers, employees and agents as additional insureds under the liability insurance required under the Agreement; and (iii) notices under the Agreement shall be sent to Assignee at the following address rather than being sent to Assignor:
City of Union City
Attn: Thomas Ruark, Public Works Director
34009 Alvarado-Niles Road
Union City, CA 94587
4. Within five business days of the Effective Date, Assignor shall provide Assignee with copies of all deliverables previously provided to Assignor by Consultant under the Agreement, to the extent the same have not previously been delivered to Assignee.
5. This Assignment may be executed in any number of counterparts, each of which may be executed by only one party, and all of which together shall constitute one instrument. Facsimile and pdf copies of this Assignment, fully executed, shall be deemed originals for all purposes.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the date first set forth above.
016861.0208\5090455.1 2
City Council/RSA Agenda 135 Tuesday, January 14, 2025
Arthur L. Dao Dat
Executive Director
Recommended
151 4j410 410 1 By:
Date Trinity Nguyen
Director o jec eliv
By:
Antonio E. Acosta
City Manager
City of Union City
Date
ci,(asa
Kris Kokotavlot
By:
Dat Wendel, Rosen, Black & Dean TiP Date
City of Union City (ASSIGNEE) ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ASSIGNOR)
Reviewed as to Budget/Financial Controls:
By: NctilL_. (((i
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
Legal Counsel to City of Union City Legal Counsel to Alameda CTC ATTEST:
Anna M. Brown, City Clerk
016861.0208\5090455.1 3
City Council/RSA Agenda 136 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
PROJECT FUNDING AGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF UNION CITY
for the
EAST WEST CONNECTOR / QUARRY LAKES PARKWAY PROJECT
This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of May 1, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF UNION CITY a public agency (“PROJECT SPONSOR”).
This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:
Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☒ 1986 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☐ Transportation Fund for Clean Air
☐ CMA TIP
RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.
B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 137 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.
D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.
E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.
F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.
G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.
H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.
I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 138 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.
J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.
K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.
L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.
NOW, THEREFORE, it is agreed by and between the parties as follows:
SECTION I
PROJECT SPONSOR AGREES:
1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements
2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 139 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.
4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.
5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.
6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.
7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).
8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.
9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.
10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 140 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.
12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.
13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.
14. Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.
15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.
17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:
Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 141 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.
18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.
19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.
20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 142 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.
21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.
22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.
23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.
25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 143 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.
SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.
26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.
SECTION II
ALAMEDA CTC AGREES:
1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.
3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.
4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.
5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 144 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:
Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.
4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.
5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.
ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.
6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.
7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 145 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.
8. The laws of the State of California shall govern this AGREEMENT.
9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.
10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.
11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.
12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.
13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.
ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 146 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.
15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:
ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 147 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.
16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.
PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.
17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 148 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.
19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, failing to provide the deliverables as specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.
20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 149 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.
22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.
23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.
24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.
25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT.
26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page]
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 150 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
CITY OF UNION CITY
(PROJECT SPONSOR)
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:
Joan Malloy Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:
Gary Huisingh Date
Deputy Executive Director of
Capital Projects
Reviewed as to Budget/Financial Controls:
By:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
By: By:
Kristopher Kokotaylo Date
Legal Counsel to City of Union City
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 9/1/2021 9/1/2021
9/2/2021
9/2/2021
9/2/2021
9/7/2021
City Council/RSA Agenda 151 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
2021 PFA Version
LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
Appendix A-7 Permits/Agreements/Coordinating Agencies
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 152 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 1
APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
Appendix A-7 Permits/Agreements/Coordinating Agencies
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 153 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 2
APPENDIX A-1
PROJECT DESCRIPTION
Project Description:
The PROJECT consists of constructing a new arterial roadway with buffer bike lanes and separate, parallel Class I path/multi-purpose trail with signalize intersections, streetlights, landscape medians, street trees and irrigation between Mission Boulevard (State Route 238) in Union City and Paseo Padre Parkway in Fremont along a new reserved roadway alignment, and improvements along existing Paseo Padre Parkway and Decoto Road to I-880 in Fremont. The PROJECT has been divided into six segments for implementation.
Segment 1: Mission Boulevard to 7th Street
Construct Quarry Lakes Parkway (QLP) from Mission Boulevard to 7th Street. Realign 7th Street to intersect directly with QLP next to the City’s Corporation Maintenance Yard and Drigon Dog Park.
Modify the Corp Yard, Dog Park, and parking facilities. Realigned the Line M channel with open channel, box culvert and retaining wall structures. Construct conforms along Mission Boulevard (State Route 238) and modify traffic signal
Segment 2: Alvarado-Niles Road to Alameda Creek
Construct QLP from Alvarado-Niles Road to the top of bank (Union City side) of Alameda Creek.
Realign Quarry Lakes Drive from Isherwood Way to Osprey Drive and construct new intersection of QLP with Quarry Lakes Drive. Construct outfall structure and bioretention basins for storm water runoff (roadway drainage) pumped from the depressed QLP in Segment 3 and 4 under the UPRR and BART tracks. Construct conforms along Alvarado-Niles Road and modify traffic signal.
Segment 3: 7th Street to 11th Street
Construct QLP from 7th Street to 11th Street. Construct cement deep soil mix interior walls, retaining walls and grade separation structure between QLP and UPRR (Niles Subdivision) including railroad shoofly. Construct cement deep mix protection slap and pump station with drainage facilities Extend 11th Street and install a new traffic signal at QLP/11th Street.
Segment 4: 11th Street to Alvarado-Niles Road
Construct QLP from 11th Street to Alvarado-Niles Road. Construct cement deep soil mix interior walls, retaining walls and grade separations between QLP and BART, and QLP and UPRR (Oakland Subdivision) including BART track shoofly/bus bridge and UPRR railroad shoofly. Complete the pump station system. Construct conforms along Alvarado-Niles Road and modify traffic signal.
Segment 5: Alameda Creek to Paseo Padre Parkway
Construct QLP from Alameda Creek to Paseo Padre Parkway. Construct two bridges over Old Alameda Creek and one bridge over the Alameda Creek Flood Control channel. At each end of the he Alameda Creek Flood Control Channel bridge, connect the new QLP Class I path to both existing Alameda Creek Trails, paved trail, and unpaved paths. Modify Old Alameda Creek outfall structure into Flood Control Channel and construct bioretention basins. Construct retaining walls, soundwalls next to residential neighborhoods. Construct conforms along Paseo Padre Parkway and a multi-use path from Isherwood Way/Quarry Lakes Drive to an existing trail adjacent to Paseo Padre Parkway.
Modify Paseo Padre Parkway from Decoto Road to Isherwood Drive with Class IV bikes lane and revised medians and sidewalk. Install new traffic signals along Paseo Padre Parkway at Wydham Drive/Waugh-Place, Quarry Lakes Parkway and Tamayo Drive. Modify traffic signal at Isherwood Drive.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 154 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 3
Segment 6: Decoto Road from Paseo Padre Parkway to I-880 (City of Fremont) Construct Improvements along Decoto Road from Paseo Padre Parkway to I-880. Construct conforms along Paseo Padre Parkway and Decoto Road (northeast of Paseo Padre Parkway and at I880).
Project Limits
The PROJECT limits are from Mission Boulevard (State Route 238) near the existing intersection with Appian Way to Decoto Road at I-880. The PROJECT limits include the conforms along existing roadways that intersect the new roadway.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 155 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 4
APPENDIX A-2
PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible project costs in accordance with applicable policies and procedures adopted with the current version of the ALAMEDA CTC Comprehensive Investment Plan (CIP) to support the project phase(s) identified and described below:
Final Design (Plans, Specifications and Estimates – PS&E) The Final Design (PS&E) Phase includes detailed design for Segment 1 and Segment 2 of the PROJECT and preparation of final plans, specifications and estimates including updating engineering/technical reports to be used as the basis for construction contract documents for Segment 1 and Segment 2. The design activities shall include all work necessary to coordinate with other transit and local agencies, regulatory agencies, utilities, adjacent developers, railroad company and other organizations to secure approvals required to initiate the construction phases of Segment 1 and Segment 2. The design activities shall also include determining the right of way requirements for Segment 1 and Segment 2 to be used as the basis of securing the necessary rights of way, permits and agreements for the roadway in Segment 1 and Segment 2.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 156 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 5
APPENDIX A-3
PROJECT MILESTONE SCHEDULE
East West Connector /Quarry Lakes Parkway Segment 1
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Preliminary Engineering/Environmental Studies 2007 2009 d CEQA Approval NA April 2009
NEPA Approval NA NA
Final Design (Plans, Specifications and Estimate (PS&E) January 2022 July 2023 Right-of-Way Acquisition January 2022 July 2023
Right of Way Certification NA July 2023
Construction August 2023 December 2025
Release Request for Proposal / Advertisement August 2023 NA Contract Award NA November 2023
Contract Acceptance NA December 2025
Project Closeout December 2025 December 2026
East West Connector /Quarry Lakes Parkway Segment 2
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Preliminary Engineering/Environmental Studies 2007 2009 d CEQA Approval NA April 2009
NEPA Approval NA NA
Final Design (Plans, Specifications and Estimate (PS&E) January 2022 July 2023 Right-of-Way Acquisition January 2022 July 2023
Right of Way Certification NA July 2023
Construction August 2023 July 2025
Release Request for Proposal / Advertisement August 2023 NA Contract Award NA November 2023
Contract Acceptance NA December 2025
Project Closeout December 2025 December 2026
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 157 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 6
APPENDIX A-4
PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.
East West Connector /Quarry Lakes Parkway Project Cost/Funding Totals (All Six Segments)
PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 30,100,000 $ 0 $ 0 $ 30,100,000
Right-of-Way $ 23,100,000 $ 0 $ 0 $ 23,100,000
Construction $12,100,000 $ 14,300,000 $ 178,800,000 $ 205,200,000 Construction Support $ 3,700,000 $ 0 $ 26,100,000 $ 29,800,000 Total Project
Amounts $ 69,000,000 $ 14,300,000 $ 204,900,000 $ 288,200,000 Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
East West Connector /Quarry Lakes Parkway Project (Segment 1) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 2,000,000 $ 0 $ 0 $ 2,000,000
Right-of-Way $ 3,000,000 $ 0 $ 0 $ 3,000,000
Construction $10,200,000 $ 0 $ 0 $ 10,200,000
Construction Support $ 1,500,000 $ 0 $ 0 $ 1,500,000
Segment 1 Project
Amounts $ 16,700,000 $ 0 $ 0 $ 16,700,000
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 158 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 7
East West Connector /Quarry Lakes Parkway Project (Segment 2) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds
CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 2,200,000 $ 0 $ 0 $ 2,200,000
Right-of-Way $ 1,200,000 $ 0 $ 0 $ 1,200,000
Construction $14,700,000 $ 0 $ 0 $ 14,700,000
Construction Support $ 2,200,000 $ 0 $ 0 $ 2,200,000
Segment 1 Project
Amounts $ 20,300,000 $ 0 $ 0 $ 20,300,000
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 159 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 8
APPENDIX A-5
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:
PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds
1986 MB
Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage
Final Design (Segment 1) $ 2,000,000 $ 0 $ 2,000,000 100% Final Design (Segment 2) $ 2,200,000 $ 0 $ 2,200,000 100% Total Funding $ 4,200,000 $ 0 $ 4,200,000
Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 160 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 9
APPENDIX A-6
PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.
PHASE COST DETAIL
Segment 1
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 2,000,000 $ 0 $ 2,000,000 Total Phase Cost
(Staff + Contract Costs) $ 2,000,000 $ 0 $ 2,000,000
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
PHASE COST DETAIL
Segment 2
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 2,200,000 $ 0 $ 2,200,000 Total Phase Cost
(Staff + Contract Costs) $ 2,200,000 $ 0 $ 2,200,000
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 161 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix A – Page 10
APPENDIX A-7
PERMITS/AGREEMENTS/COORDINATING AGENCIES
A list of permitting agencies required agreements and coordinating agencies is included in this appendix.
PROJECT SPONSOR shall obtain all local, state, and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
PERMITS:
• USACE 404 – Wetlands
• CF & G 1602 – Streambed Alteration
• RWQCB 401 – Water Quality
• USF & WS Section 7 – Endangered Species
• NMFX Section 7 – Endangered Species
• SHPO Section 106 – Historic Preservation
• Caltrans- Encroachment Permit
AGREEMENTS:
• BART – Design Agreement executed; Construction Agreement still necessary • UPRR – C&M Agreement still necessary
• Verizon/Sprint – Design Agreement still necessary
• Alameda County Public Works Agency - Maintenance Agreement (Line M Channel) • Alameda County Water District -Maintenance Agreement (Niles Cone Aquifer) COORDINATING AGENCIES:
• Alameda County Flood Control & Water Conservation District (ACFC&WCD) • California Department of Transportation (Caltrans)
• Alameda County Water District (ACWD)
• Utilities (PG&E, Union Sanitary District, AT&T, Comcast and Verizon) • Alameda County Transportation Commission (ALAMEDA CTC) • City of Fremont (Fremont)
• AC Transit
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 162 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix B - Page 1
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.
TABLE B-1
FUNDS OBLIGATED BY THIS AGREEMENT
AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
1986 MB Final Design
(Segment 1) 11/19/20 5/1/21 The Agreement
Expiration Date
serves as the
expenditure deadline
date.
$ 2,000,000
1986 MB Final Design
(Segment 2) 11/19/20 5/1/21 $ 2,200,000
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 4,200,000 Agreement Expiration Date: December 31, 2023
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.
2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.
4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.
7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 163 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.
TABLE B-2
ALAMEDA CTC ADMINISTERED FUNDS
REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 20/21 4 1986 MB $ 50,000 $ 50,000
2 21/22 1 1986 MB $ 150,000 $ 200,000
3 21/22 2 1986 MB $ 300,000 $ 500,000
4 21/22 3 1986 MB $ 500,000 $ 1,000,000
5 21/22 4 1986 MB $ 500,000 $ 1,500,000
6 22/23 1 1986 MB $ 500,000 $ 2,000,000
7 22/23 2 1986 MB $ 500,000 $ 2,500,000
8 22/23 3 1986 MB $ 500,000 $ 3,000,000
9 22/23 4 1986 MB $ 500,000 $ 3,500,000
10 23/24 1 1986 MB $ 500,000 $ 4,000,000
11 23/24 2 1986 MB $ 200,000 $ 4,200,000
Notes:
1. Fiscal Year (FY) begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.
3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.
4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 164 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix C – Page 1
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.
Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING
FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☒
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☐
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31st
By July 31st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.
Must be submitted prior to the
Agreement Expiration Date
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.
2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.
3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.
4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.
REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.
List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/
1. Request for Reimbursement (RFR) Form
2. Alameda CTC Progress Report Form
3. Alameda CTC Final Report Form
4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)
5. Amendment Request Form
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 165 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix D – Page 1
APPENDIX D
LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.
LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.
The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:
Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 166 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix E - Page 1
APPENDIX E
DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.
Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Quarterly Progress Reports Quarterly
(See Appendix C)
2 Local Business Contract Equity Program Reporting Semi-Annually (See Appendix D)
3 Segment 1 Draft Plans, Specifications and Estimate (65%) December 2022 4 Segment 2 Draft Plans, Specifications and Estimate (65%) December 2022 5 Segment 1 Final Plans, Specifications and Estimate July 2023 6 Segment 2 Final Plans, Specifications and Estimate July 2023 7 Final Invoice By the Agreement
Expiration Date
8 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may suspend payment of reimbursement requests or terminate this AGREEMENT if deliverables are not received and approved as specified.
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 167 Tuesday, January 14, 2025
Alameda CTC Agreement No. A22-0053
Project No. 1177.001
Appendix F – Page 1
APPENDIX F
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.
Project Performance Measures and Targets
Performance Measure Target
Not Applicable Not Applicable
DocuSign Envelope ID: 7B09AA1D-F319-4A88-8A87-0EDE6AD4A6D0 City Council/RSA Agenda 168 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: RECEIVE A REPORT ON THE STATUS OF STATION DISTRICT DEVELOPMENT AND
INFRASTRUCTURE PROJECTS
EXECUTIVE SUMMARY
Staff recommends that the City Council receive a report on the status of various development and infrastructure projects within Union City’s Station District. Projects include:
Development Projects
Current and future housing developments within the Station District Core Station East mixed-use / residential development project Caltrans Gateway Site development project
Infrastructure Projects
BART East Entrance and At-Grade Crossing
Quarry Lakes Parkway
Intercity Rail Station (SouthernAlameda County Integrated Rail Study Phase 3)
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the SouthernAlameda County Regional Rail Integration Study to make the Station District a passenger rail hub served byACE.
Goal C, Strategy 18: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.
BACKGROUND
BACKGROUND
Station District History
The Station District is a 471-acre area surrounding the Union City BART/Intermodal Station (“Intermodal Station”). Planning for the area began in 1994 with the adoption of the Decoto Industrial Park StudyArea (DIPSA) Specific Plan. The DIPSA area was bounded by Mission Boulevard, Alvarado-Niles Road, Decoto Road and the city of Fremont. It also included the 35-acre Caltrans property located between Alvarado-Niles Road and Old Alameda Creek. The DIPSA was recognized as opportunity areas for growth and infill development for the City. The plan was amended eight times between 1994 and 2006, with the goal of revitalizing and converting hundreds of acres of underutilized industrial lands (which included the 100+ acre Pacific States Steel Corporation Site and former PG&E Pipe Yard) into a new and vibrant town center.
In 2022, the City Council adopted the Station District Specific Plan (“Specific Plan”), which refined and updated the vision for the area and replaced the DIPSA Specific Plan. The Specific Plan envisions the Station District as a world-class, transit-oriented community with well-designed higher-density housing, job centers, commercial space, and public amenities that are all linked by bicycle and pedestrian facilities. The Specific Plan broke up the Station District into sub-areas to better align goals and policies with the unique attributes of the sub-areas. The Specific Plan also expanded the boundaries of the Station District to include the commercial area located on the corners of Decoto Road and Alvarado-Niles Road and the City Hall/Senior Center/Logan High School area. See Attachment 1 for a map of the Station District and its sub-areas.
Designated as a Priority Development Area in the Metropolitan Transportation Commission (MTC)’s Plan Bay Area 2050, the Station District is currently at an exciting and pivotal point in its development. Significant development is anticipated over the next 5-10 years, City Council/RSA Agenda 169 Tuesday, January 14, 2025
District is currently at an exciting and pivotal point in its development. Significant development is anticipated over the next 5-10 years, with an additional 2,600 units of higher-density, mixed-use housing, and over 3.5 million square feet of office/commercial space (employment-based uses) planned for development within a one-half mile of the Intermodal Station. Attachment 2 provides a map of recent and proposed development adjacent to and within the Station District.
With these long-term plans in place, there have been shifts in the real estate market and the State has mandated new laws to encourage more housing, such as the California Surplus Lands Act. Under the Surplus Lands Act, anytime the City is disposing of publicly owned land, it must first offer the property to "qualified housing developers." Additionally, if the property is sold to a qualified housing developer, the law requires that a minimum of 25 percent of the units be deed-restricted affordable housing. If the City is unable to negotiate an agreement with a qualified housing developer, only then can the City sell the property to other entities. Secondly, since the COVID-19 pandemic in 2020, the office market has softened substantially, and vacancies are high across the Bay Area. There is currently a very low demand for office space in southernAlameda County.
The factors of the Surplus Lands Act and the lack of demand for office space will likely shift the land use in the core of the Station District to more housing and less employment-based uses. The City had historically envisioned a high-density district with a balance of jobs and housing. The jobs component was a key economic development strategy, though current market conditions and State law may make office space component of the Specific Plan hard to achieve at this time.
Starting in 2026, another factor that will influence land use within the Station District is MTC’s adopted Transit Oriented Communities (TOC) Policy, which was created “to support the region’s transit investments and advance the goals of Plan Bay Area 2050.” The TOC Policy applies to the half-mile area around the Intermodal Station and establishes requirements for land use density, affordable housing, parking management, and complete streets/multimodal access. Compliance with the TOC Policy is voluntary. However, future One Bay Area Grant (OBAG) funding cycles will take into consideration whether a city is compliant in terms of prioritization of funds, which could impact the Union City's ability to receive future grant funding. In the past, the City has received approximately $2.5 million in OBAG funds, which have supported infrastructure and long-range planning projects. The new requirements will need to be in place for the next OBAG funding cycle, which occurs in 2026. City staff will bring forth Zoning Ordinance amendments to comply with the new policy in late 2025.
Since the Union City BART Station is served by two or more BART lines (San Francisco and Richmond), the Station District area is subject to the “Tier 2” requirements, which mandate, among other things, a minimum density of 75 dwelling units (du) per acre for new residential uses. This density coincides with what is currently developed along 11th Street in the Station District core but according to some developers, reaching those densities in the current market may not be achievable. In addition, these minimum densities are substantially higher than what is currently allowed in Station East and the newly added Mixed Use Marketplace area, which both require a minimum of 25 du per acre and a minimum of 30 du per acre, respectively (Station East will have an average of 50 du per acre). In addition, the TOC requirements stipulate a minimum Floor Area Ratio (FAR) of 3.0 for any new office uses. For comparison purposes, the newer, two-story office building located on the corner of Decoto Road and Station Way has a FAR of approximately 0.5.
City staff expressed concerns to MTC staff that the TOC density/FAR requirements would have a negative impact on development within the Station District in the short- to medium-term. MTC staff acknowledged the concerns but, to date, no changes have been made to the policy.
Despite these issues, the Station District is projected to grow in the long-term, and numerous transportation and infrastructure projects are also planned or underway to meet the multimodal needs of this community. The history of these development and infrastructure projects are further described below.
Station District Development
In the late 90s, private developers quickly built out approximately 1,150 units of single-family homes and townhouses in the areas fronting Mission Boulevard and the areas on the west side of the BART station fronting Alvarado-Niles Road near the Union City/Fremont boundary. Meanwhile, the City and its Redevelopment Agency were keenly focused on the challenges of the contaminated properties in the core of the Station District area that were located east of the BART station including a portion of the former Pacific States Steel Corporation (PSSC) and PG&E Pipe Yard. These lands would take years to remediate and revitalize.
In the early 2000s, the City and the Redevelopment Agency began coordinating the cleanup and redevelopment of these sites. The Redevelopment Agency, along with federal, state, and regional grants, transformed the BART station and the surrounding lands.
Between 2005 and 2018, the Station District Core took shape with the reconfiguration of the BART parking lots, the renovation of the BART station to a two-sided station, the cleanup of the PSSC and PG&E properties, and the construction of utilities and infrastructure that included the extension of 11th Street, Cheeves Way, Berger Way, Galliano Way, and Duncan Loop. Development within the core of the Station District soon followed, including:
Pacific Pointe, 2005 – 119 single-family homes
Pacific Terrace, 2007 – 219 townhouse units
Avalon Bay, 2009 – 463 market rate rental units (including 66 affordable units) Station Center, 2012 – 157 affordable family housing units Union Flats, 2018 – 243 market rate rental units
There are now several other development projects and infrastructure projects in the Station District that are summarized below.
Station District Core
The 19-acre former PG&E property, located immediately adjacent to the east side of the Intermodal Station, was purchased by the Redevelopment Agency in 2003 to facilitate the clean-up and development of the PSSC and the PG&E properties. Once the PG&E property was cleaned, the Redevelopment Agency worked to enable private sector development and split the City-owned property into smaller developable parcels (referred to below as “Blocks” 1-6). These blocks are shown below in Figure 1. Two blocks have been developed with high-density residential uses including Block 3 (Union Flats) and Block 4 (Station Center). The City owns the remaining five blocks that total approximately 13.1 acres in the core of the Station District (see Table 1 below).
City Council/RSA Agenda 170 Tuesday, January 14, 2025
five blocks that total approximately 13.1 acres in the core of the Station District (see Table 1 below).
Figure 1: Map of City-Owned Station District Core Parcels Table 1: Remaining Developable Blocks and Acreage
BLOCK ACRES
Block 1 2.36
Block 2 3.52
City Council/RSA Agenda 171 Tuesday, January 14, 2025
Block 5 2.49
Block 6 2.85
East Plaza (EP) 1.39
TOTAL 13.11
With the collapse of the housing market in the Great Recession, private sector housing construction came to a standstill. The Redevelopment Agency took this downturn as an opportunity to partner with MidPen Housing to construct the 157 affordable units on Block 4. The Station Center project fulfilled the City’s (and Redevelopment Agency’s) requirement to build 15 percent of the total units as affordable in order to make the market-rate projects more cost competitive for high-density development. Station Center was completed in 2012.
Almost concurrently with the completion of the Station Center housing development, the City and Redevelopment Agency entered into a Disposition and Development Agreement with Windflower Properties to construct market-rate, mixed-use, high-density, residential housing projects on parcels known as Block 2 and Block 3. Windflower successfully completed the construction of 243 market rate units on Block 3 in 2018 (Union Flats). Block 3 was feasible because the Redevelopment Agency and City partnered with Windflower to access State grants that supported housing next to transit hubs. The grant funding was used for the construction of the parking garage and roadway infrastructure.
Plans were also approved for a second development on Block 2 in 2017 for 443 market rate units; however, the project has not moved forward. The Disposition and Development Agreement was amended and extended in 2017 and again in 2019 to provide the developer with more time to find financing for the project. Windflower indicated that high-density development was not financially feasible for the developer. The Disposition and Development Agreement expired in December 2024 and the property is now under City control.
Blocks 1, 2, and 6 are available for the City to reconsider the use of the land. These parcels were set aside for mixed-use residential and office development. Blocks 2 and 6 are currently being used for short-term parking and are severely underutilized due to the reduction in BART ridership. Block 1 has been used on and off over the last several years as a staging area for construction firms doing work in the Station District. Block 5 is currently vacant and was previously identified for parking and office development. More recently, staff is looking into the feasibility of a public parking lot to support transit, including any future passenger rail. Staff have applied for grants to construct a “mobility hub” that includes bicycle parking, bicycle repair and electric vehicle (EV) charging stations at this location.
The East Plaza is open space to support the development in the core of the Station District. The grassy area of the East Plaza was identified for a possible site for a future City facility.
Union City Redevelopment Agency
Lastly, much of the early development in the core of the Station District was feasible because of the Union City Redevelopment Agency.
Redevelopment agencies were dissolved by the State in February 2012. The City no longer has the same tools to fund infrastructure that would facilitate redevelopment and invest in affordable housing.
Station East Mixed-Use / Residential Project
The Station East Mixed-Use / Residential Project (“Station East Project”) was approved by the City Council in June 2021 for up to 974 multi-family units, 30,800 square feet of ground floor commercial space along Decoto Road, new parks, and a new circulation network spread throughout 11 Planning Areas (“PAs”). Project entitlements approved or certified at that time included: an Environmental Impact Report (EIR), General Plan Amendment, Specific Plan Amendment, Zoning Map Amendment, Development Agreement, and Tentative Tract Map. The original approvals were amended in May 2023 to allow up to 874 units, and again in July 2024 to reduce the total maximum units to 811. The Station East residential development area includes approximately 26.5 acres that are bounded generally by Decoto Road, 7th Street, the PG&E overhead lines and railroad tracks, and Bradford Way. Station East lands were historically used for heavy industry (Air Liquide) and gladiola farming. See Attachment 3 for an updated site plan showing the layout of the proposed development.
Gateway Site Development
City Council authorized the acquisition of the Gateway Property from Caltrans in 2019. The 36-acre parcel, which Caltrans reserved for the development of historic State Route 84, is roughly bounded by Osprey Drive, Alvarado-Niles Road, the Fremont city limit, and Old Alameda Creek. A Property Sale Agreement between the City and Caltrans was executed on August 16, 2019 for the City to market and sell the property. The California Transportation Commission (CTC) authorized conveyance of the Caltrans property to the City of Union City on June 24, 2021. Pursuant to the Surplus Lands Act, the City issued a Notice of Availability of approximately 25.4 acres of the Gateway Property to qualified housing developers on June 28, 2021.
City Ventures Homebuilding, LLC, submitted a statement of interest, proposing to pay Union City $90 million for the property, which would be conveyed to Caltrans/State of California. The City would not retain these funds. Thereafter, the City Council approved an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for the sale and development of the Gateway Property on December 14, 2021. The Exclusive Negotiating Agreement identifies the framework for product type, density range, and amenities proposed for development. Four hundred to 535 residential units with a variety of densities and product types will be evaluated during the entitlement process. Pursuant to the Surplus Lands Act, twenty-five percent of the units must be affordable to accommodate lowincome households. The developer will also be required to comply with certain preservation requirements for the Peterson Farmhouse Site included in the Caltrans Office of Historical Resources Studies PRC Review, October 9, 2020, DD; 034410-01-01 including a requirement to “preserve as many of the contributing features as possible.” The Exclusive Negotiating Agreement is nonbinding but is intended to provide time for the Parties to negotiate a binding agreement and prohibits the City from negotiating with any other party to develop the site.
The City is required to pay Caltrans the land cost payment received from City Ventures for the purchase of the real estate property, which may not be less than Caltrans’ appraised land value of $86,184,000. The land cost paid to Caltrans will be deposited into a Local Alternative Transportation Improvement Program (LATIP) account and distributed to LATIP projects as approved by the CTC on City Council/RSA Agenda 172 Tuesday, January 14, 2025
Alternative Transportation Improvement Program (LATIP) account and distributed to LATIP projects as approved by the CTC on December 30, 2009. The balance and revenue estimates for the LATIP projects were updated on May 18, 2023. Below are the updated balances and revenue funds for the LATIP projects:
Table 2. LATIP Funding Distribution
LATIP
Project
ID
Location Responsible
Agency
Improvement Name Estimated
LATIP Balance
or Funds
1 Caltrans Land Deposit Frees $ 2,900,000
2 Fremont Santa Clara
County
Transportation
Authority (VTA)
I-880/262/Mission IC $ 7,350,000
3 Fremont Fremont Existing Route 84
Relinquishment
$17,720,000
4 Fremont/Union
City
Fremont & Union
City
Decoto Complete Street &
Quarry Lakes Parkway
$16,400,000
$41,814,000
TOTAL LATIP REVENUE $86,184,000
BART East Entrance andAt-Grade Crossing
In 2001, Union City prepared and adopted the Union City Intermodal Station and Transit Facility Plan (Intermodal Station Plan) in partnership with local residents, business representatives, and regional transportation authorities and transit providers. The Plan identified opportunities to modernize the existing Union City BART Station, with the vision of creating a two-sided station that would provide direct pedestrian access to development opportunity sites to the east of the station, including the former PG&E Pipe Storage Yard and PSSC sites. The vision identified in the Plan was incorporated into the 2002 General Plan and also informed later planning efforts including the 2040 General Plan and Station District Specific Plan. In 2002, BART prepared and adopted the Union City BART Station Comprehensive Station Plan (BART CSP) that incorporated the vision of the Intermodal Station Plan.
Over $160 million in investments were made to the Union City BART Station and surrounding areas over the next two decades. The Union City Intermodal Station, Phase 1, included reconfiguring the 14-acre Union City BART Station site to create:
A new, 16-bay bus facility at the front entrance of the station serving AC Transit, Dumbarton Express, and UC Transit; A new roadway to Decoto Road for increased access for pedestrians, bicycles, and buses to the BART Station (Station Way); Improved passenger circulation on the BART southbound platform through the relocation of elevators, widening passenger platforms, installing additional escalators and stairs; and New transit drivers’ facility (break area and restrooms) within the BART Station.
Phase 2 included BART Station building improvements on the northbound side of the station, which included relocating elevators, installing additional stairs and escalators, widening and lengthening the station passenger platform, and re-organizing the fare-gates to accommodate a free “pedestrian pass-through” inside the station and allow for the new east entrance into the BART station.
In April 2015, Union City submitted a formal proposal to Union Pacific Railroad (UP) for the new BART Pedestrian At-Grade Crossing on the Oakland Subdivision track adjacent to the Union City BART Station, initiating the evaluation process for an at-grade crossing on an active railroad track. UP required the following railroad safety measures and improvements to build the crossing:
Closure of an existing public at-grade crossing, which was identified at the “I” Street (Oakland Subdivision) at-grade railroad crossing between 11
th and 12th Streets;
Revisions to the sidewalk crossing on Decoto Road (Oakland Subdivision) at-grade railroad crossing; Improvements to the Niles Subdivision at the Decoto Road at-grade railroad crossing and the Whipple Road at-grade railroad crossing.
Improvements to the Coast Subdivision at Smith Street at-grade railroad crossing, west of Dyer Street.
On December 4, 2017, the California Public Utilities Commission (“CPUC”) approved the new BART pedestrian at-grade crossing, the closure of an existing public at-grade crossing at “I” Street, and other required railroad safety measures and improvements. On July 9, 2019 per Resolution No. 5503-19, the City Council approved the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement with UP.
Over the past four years, the City and consultant team prepared project plans for UP, CPUC and BART approvals. Unfortunately, due to the September 2019 cyberattack, 2020-2021 COVID-19 pandemic and project manager changes at UP, the project experienced numerous delays. In early 2022, the project restarted with a new assigned UP Project Manager and scheduled monthly project check-in meetings with the railroad company to get the project back on track. In October 2023, the project regained momentum, and three public meetings were held that included briefings to the City Council. On September 10, 2024, the City Council adopted Resolution No. 6361- 24, authorizing the City Manager to execute the Supplemental Agreement, which amended the UP Original Agreement. The Supplemental Agreement outlined the various safety improvements at the Decoto Road/Oakland Subdivision railroad crossing and other necessary actions the City will need to take to permanently close and vacate the I Street crossing. A Community Meeting was held on Saturday, September 14, 2024, at the Kennedy Youth Center on the At-Grade Pedestrian Crossing at BART project, including the associated I Street closure, followed by an open forum for questions and dialogue. On October 8, 2024, the City Council adopted Resolution No. 6370-24, approving the closure and vacation of the I Street crossing.
See Attachment 4 for project renderings and project map with the location of near-term safety improvements required for the BARTAtGrade Crossing Project.
Quarry Lakes Parkway
City Council/RSA Agenda 173 Tuesday, January 14, 2025
Quarry Lakes Parkway is a critical local multimodal corridor that will support the build-out of the Station District. The project is identified in the Alameda County Transportation Commission's (Alameda CTC) Countywide Transportation Plan (CTP) and Metropolitan Transportation Commission's (MTC) Plan BayArea (PBA) 2050 for the San Francisco BayArea.
The project has been a part of local and regional transportation planning for decades. Formerly a portion of a Caltrans project to extend State Route 84, the roadway was adopted as a capital project on the 1986 local sales tax Measure B expenditure plan. The Alameda County Transportation Authority – predecessor to the Alameda County Transportation Commission (Alameda CTC) – took over the project from Caltrans in 2003 and renamed it the East-West Connector, when it encompassed six segments from Mission Boulevard in Union City to the I-880 Interchange on Decoto Road in Fremont. The project’s Environmental Impact Report (EIR) was approved by Alameda CTC in 2009.
Union City became the new project sponsor for the East West Connector in 2018. Renamed Quarry Lakes Parkway, the City would be responsible for delivering Phases (Segments) 1-4 in Union City from Mission Boulevard to Old Alameda Creek (City Project No. 18- 04). Phase 5 would be designated a future joint project between the Cities of Union City and Fremont. Alameda CTC approved funding for the 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. The City enlisted Mark Thomas & Company, Inc. to begin Preliminary Engineering (30% Final Design) of Phases 1 and 2 for the Quarry Lakes Parkway Project in January 2022. Work on 65% Final Design began in early 2023, including preliminary engineering of the Public Works Corporation Yard (Corp. Yard) improvements required to mitigate impacts from the roadway’s construction. During that time, the consultant began preliminary engineering of Phases 3 and 4 to better understand roadway geometrics and stormwater drainage needs.
Quarry Lakes Parkway (QLP) is now envisioned to be a complete-streets designed local roadway project that will connect Mission Boulevard in Union City to Paseo Padre Parkway in Fremont. Parallel to the high-use arterial Decoto Road, QLP will provide buffered Class II bicycle lanes adjacent to vehicle lanes, a separated 20-ft. Class I multi-use trail for both bicycles and pedestrians with landscaped walkways and medians, narrower lane widths and 35 mph speed limit. Quarry Lakes Parkway will provide new opportunities for connecting to regional parks, bicycle, and pedestrian trails; new bus routes for Union City Transit and other transit providers; and connections to future mobility hubs that could include electric car recharge facilities and last-mile micromobility opportunities. Most importantly, Quarry Lakes Parkway provides a critical grade-separated route for first responders accessing schools, businesses, and high-density development in the Station District neighborhood. Quarry Lakes Parkway will be constructed in phases, per below:
The original East-West Connector project included Decoto Road Complete Streets, which extends between the I-880 interchange and the Union City/Fremont bridge across the Alameda Creek flood control channel. Fremont is the lead agency in the design and the construction of Decoto Complete Streets, which will implement transit priority treatments and improve safety for bicycles and pedestrians along the Dumbarton Corridor.
Phase 1 is located between Mission Boulevard and 7
th Street.
Phase 2 is located betweenAlvarado-Niles Road and Old Alameda Creek.
Phase 3 is located between 7
th Street and 11th Street and will require construction of a grade separation under the UP Niles Subdivision tracks.
Phase 4 is located between 11
th Street and Alvarado-Niles Road. Construction of this segment will require a grade separation under both the BART tracks and the UP Oakland Subdivision tracks. Phase 4 will be the most expensive and complicated segment and may require the construction of separate rail “shooflies,” which are temporary railroad detours for both BART and UP freight trains.
Phase 5 begins with the construction of a new bridge to cross Old Alameda Creek from the Gateway property and continue along Old Alameda Creek through land owned by Union City, Fremont, and the Alameda County Water District, and over the Alameda County Flood Control Channel to intersect with Paseo Padre Parkway. Phase 5 is considered a future joint project between the cities of Union City and Fremont and may require an adjustment of each city’s boundary line.
See Attachment 5 for a map of Quarry Lakes Parkway Phases, as well as project renderings.
Intercity Rail Station (SouthernAlameda County Integrated Rail Study) The Metropolitan Transportation Commission (MTC) and San Joaquin Regional Rail Commission (SJRRC) in partnership with Alameda County Transportation Commission, led the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study under a non-federal grant from the California State Transportation Agency. In 2019, MTC/SJRRC staff along with their consultant team engaged the SouthernAlameda County cities of Newark, Fremont, and Union City to begin the evaluation of potential passenger rail-torail hub sites in the East Bay. Their Phase 2 Report, which concluded in July 2023, recommended the Union City BART Station as the only passenger rail-to-rail hub location for Altamont Corridor Express (ACE) passenger trains to serve the Bay Area from the Central Valley.
The proposed Intercity Rail Station, including three (3) parallel track layover facilities, pedestrian connections, parking area and passenger pickup area, are located on the east side of the Union City BART Station within Union Pacific Railroad property (Oakland Subdivision) and the City’s undeveloped parcels between the East Plaza and proposed Quarry Lakes Parkway. A portion of the proposed layover facilities impacts about a third of the existing Restoration Site (former PSSC Site), also known as the Waste Containment Area (WCA), requiring removal of the existing slag and reconstructing the WCA. The SoCo Rail project allows the City to reconsider other development opportunities for the remainder of the WCA that is not needed for the rail project. See Attachment 6 for preliminary designs of the Intercity Rail Station.
City Council approved Resolution No. 6136-23 in May 2023 authorizing the commitment of $3.0 million from the 2014 Measure BB Transportation Expenditure Plan (TEP) to the San Joaquin Regional Rail Commission for the Environmental Clearance/Preliminary Engineering of the Union City Intermodal Station, Phase 3/Intercity Rail Station Project and submitted the certified resolution to Alameda CTC to initiate the funding process.
City Council also approved Resolution No. 6424-23 on December 12, 2023 authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with SJRRC regarding the process, roles and responsibilities for the Union City Intermodal Station, Phase 3/Intercity Rail Station Project. A key point of the MOU ensures that the environmental clearance will include an analysis of both the partial and complete removal of the 16-acre WCA, which is composed of 440,000 cubic yards of slag and other materials stockpiled City Council/RSA Agenda 174 Tuesday, January 14, 2025
partial and complete removal of the 16-acre WCA, which is composed of 440,000 cubic yards of slag and other materials stockpiled after the remediation of the former PSSC Site. SJRRC has not agreed to cover the cost of the remediation beyond what is needed for the project. The opportunity to remove and dispose of the slag in the WCA may be part of the Intercity Rail project, depending on the environmental analysis and the cost for complete cleanup and removal, and could create development opportunities along 11th Street in the Station District.
DISCUSSION
An update for each project, including current status and next steps, are provided below.
Station District Core Developments
As detailed above, the City Council approved entitlements for 443 market-rate units on Block 2 in 2017, pursuant to a Disposition and Development Agreement approved in 2015 with Windflower Properties, which recently expired in December 2024. According to the developer, the project was not able to secure funding and move forward due to a variety of factors, including the COVID-19 pandemic, on-going increases in costs for labor and materials, and most recently, high interest rates. The developer also provided feedback that due to the current financial climate, no market rate apartment projects are moving forward in the BayArea. (On a related note, affordable housing rental projects are also having a hard time moving into the construction phase because of the oversubscription of State funding sources including tax-exempt bonds.)
With the expiration of the Disposition and Development Agreement, the site is no longer encumbered, and the City is free to start a process to bring on a new developer for Block 2. As detailed above, Blocks 1 and 6 are also identified for future development. There is an option to include all three blocks into one disposition process, or the City Council could dispose of each block individually over time, or some combination thereof. Any disposition of land by the City will have to comply with the Surplus Lands Act, which requires the City to offer for sale any publicly owned land to qualified housing developers first. Additionally, the law requires that a minimum of 25 percent of the units be deed-restricted affordable housing. If the City is not able to reach an agreement with a qualified housing developer, the City is free to market and sell the property to any entity, including a different housing developer or an office developer. If the property is eventually sold for housing, the Surplus Land Act would still require that at least 15% of the units be developed as affordable housing.
Lastly, because these City-owned properties were purchased with the proceeds of bonds issued by the Redevelopment Agency, the proceeds from the sale of these properties would not go to the General Fund and there are restrictions on how those funds can be used.
Property taxes generated by the properties that are located within the former Redevelopment Project Area (most of the Station District) are committed to paying off the Redevelopment Agency bonds and fulfilling “pass-through” commitments to other agencies, including the school district and the county. The City will not receive its standard 16 percent share of the property taxes until the bonds are paid off in 2034 and 2039, respectively. Until that time, the City’s share of property taxes is approximately five to six percent for the former Redevelopment Project Area.
Station East Mixed-Use / Residential Project
Current Status, Station East
Since the Station East Project received its Master Plan approval in 2021, the developer team has been moving forward on next steps, which include:
Submittal of applications for the required Site Development Review (SDR) approvals for the various Planning Areas (PAs). To date, PAs 2, 3, 4, and 9/10 have received SDR approval. SDR applications are underway for PAs 1, 5/6/11 and 7/8. As part of the SDR process, the developer has updated the initial design to switch out some of the higher-density product types on PA 2 and 4 with lower density townhomes resulting in a reduction of units from 974 to 811 to make the overall project more financially feasible.
Sale of PA sites that accommodate for-sale townhome units from Integral Communities to Lennar, a national homebuilder and frequent development partner of Integral Communities. City staff are currently working with both Integral Communities and Lennar staff on the project.
Approvals have been obtained by the developer from the Department of Toxic Substance Control (DTSC) to install a vapor gas extraction system on the site for remediation of contaminated groundwater from the former Mckesson Chemical Company previously located in the vicinity of the project site. Approval was also granted from DTSC for some minor soil remediation work on the Air Liquide site. According to Integral Communities staff, delays associated with obtaining the required approvals from DTSC pushed out the project completion timelines substantially.
Grading permits have been issued to “rough grade” the site. As required by their project’s entitlements, the applicant team has also submitted plans, which are under review by the Public Works Department, for various public improvements including the new streets/sidewalks, utilities, storm drain basins, clean water treatment facilities, etc.
The applicant team and City staff are working towards recordation of the final subdivision map, which requires satisfaction of several project conditions, including formation of a new Community Facilities District (CFD), submittal of a Transportation Demand Management Plan and Parking Management Plan for City review, and development of a Public Art Plan.
The estimated timeline for the start of vertical construction of the residential units is Spring 2026. The project will be constructed in phases over several years and is anticipated to be wrapped up in Summer 2031.
Station East Phase 2
Integral Communities has submitted an application to re-designate vacant land, located adjacent to the southerly boundary of the Station East development along Zwissig Way, from Station East Employment to Station East Residential to facilitate residential development.
As a precursor to the submission of a formal application, staff will bring a report to the City Council providing an overview of the project at a future meeting.
City Council/RSA Agenda 175 Tuesday, January 14, 2025
at a future meeting.
Gateway Site Development
City staff and representatives from City Ventures continue to negotiate in good faith on the terms of a Property Sale Agreement that would formalize the conditions for the purchase of the land. However, securing permits and funding for the Quarry Lakes Parkway project have taken longer than expected, creating uncertainty for when the City could deliver the parcel to City Ventures, and the sale of the Gateway site could move forward.
Before entering into a Property Sale Agreement, the City will need to complete the final design of Quarry Lakes Parkway Phase 2, (“Phase 2”), secure complete funding for Phase 2, and secure all permits needed to begin construction on the phase. Permit requirements may change the Phase 2 design, which could impact the parcel to be sold to the developer. Phase 2 will set the boundaries of the City Ventures development, with a portion of the Gateway property retained by Union City for the Quarry Lakes Parkway roadway, Quarry Lakes Drive, pedestrian improvements, and stormwater treatment. Once the City has confidence that Phase 2 can be delivered (fully funded with permits), the City and City Ventures would complete negotiations on a Property Sale Agreement.
The agreement will be brought to the City Council for review and approval. In addition, any project proposed by City Ventures will be required to obtain entitlements from the City, which will include public hearings and opportunities for public engagement and feedback.
In May 2024, City Council authorized the City Manager to extend the Exclusive Negotiating Agreement by 180 days from June 12, 2024, to December 9, 2024, with the ability to execute an additional extension of 180 days without further approval from City Council.
The City Manager did execute an additional extension of the agreement of 180 days from December 9, 2024, to June 7, 2025. If needed, City staff may bring an additional request to the City Council for an extension of the Agreement.
BART East Entrance andAt-Grade Crossing
By mid-2025, the City expects to begin construction on the new at-grade crossing across the Oakland Subdivision tracks to facilitate pedestrian and bicycle access between the Intermodal Station and the Station District Core. The crossing is expected to open in late 2026. As previously mentioned, in order to construct the At-Grade Pedestrian Crossing Project, the City is required by UP and the CPUC to make various railroad improvements throughout the City, including permanently closing the I Street at-grade railroad crossing between 11th Street and 12th Street on the Oakland Subdivision tracks. To minimize disruption to pedestrians and vehicular traffic, as well as to expedite the completion of certain project components, the project will be divided into phases, which include:
Phase I – the largest and most significant component of the overall project, will construct the at-grade pedestrian crossing at the east entrance to the BART Station and will include building ADA accessible ramps and stairs on both sides of the railroad crossing. Phase I will be advertised for bid in the next several weeks and will take approximately eight to 10 months to complete.
Phase II A – replaces existing concrete panels at the Decoto Road Oakland Subdivision railroad crossing with new, longer concrete panels. All work will be done by UP crews. By extracting this element from other Phase II improvements, the City will be better able to coordinate with UP to minimize impact to school-related traffic, such as by doing this work during spring break or summer 2025. The concrete panel replacement will require complete road closure and traffic detour in the vicinity of the crossing for a period of 1 to 2 weeks.
Phase II B – installs other miscellaneous improvements at the Decoto Road Oakland Subdivision railroad tracks as required by UP and the CPUC. These improvements include those listed in CPUC Governing Standard No. 9, such as updated pedestrian walkways, median refuge island, queue-cutter signals for advanced railroad pre-emption, striping, signage, and replacing existing railroad safety gates, lights, and flashing lights. They also include the installation of new pedestrian safety gates per CPUC Governing Standard No. 8.
The design is still under review by UP and will go to bid along with Phase II C as a single project once approved, which is anticipated in early-mid 2025.
Phase II C – Permanent closure of the I Street railroad crossing between 11 th and 12th Streets, as required by UP and the CPUC. The design has been completed, and this work will be included in the Phase II B bid package to help delay the closure as much as possible.
This closure is required prior to the opening of the new pedestrian crossing at BART, as well as the completion of all Phase II components.
The BART East Entrance and At-Grade Pedestrian Crossing Project is fully funded with $7.17 million in the current 5-Year Capital Improvement Plan as follows:
Local Funds (Measure BB and RDA Bonds) $ 1,170,000
Safe Route to BART (SRTB) Grant $ 3,000,000
Dumbarton Corridor Grant – Regional Measure 3 (RM3) Grant $ 3,000,000 $ 7,170,000
Quarry Lakes Parkway
Project Design Status
City staff and project design consultants (the “Project Team”) have completed preliminary (30%) design on project phases 1-4.
Preliminary design of all four phases was critical to understand the engineering challenges of incorporating a required stormwater overflow pipeline spanning all four phases (Line M Bypass/Overflow Pipe). The pipe will replace capacity from two stormwater basins (Basins 2C and New Basin) that will be removed once the roadway is constructed.
The Project Team has completed 65% final design of Phase 2. The design of Quarry Lakes Parkway Phase 2 has been prioritized to set the boundary of the Caltrans Gateway parcel for purchase and development. As mentioned above, the City hopes to complete the final design of Quarry Lakes Parkway Phase 2 and secure all funding and permits needed to begin construction on the phase before entering into a Property Sale Agreement with the developer. The sale of the Gateway property is critical to the viability of the Quarry Lakes Parkway project, as proceeds from the sale will be used to fund the construction of future project phases via the LATIP process.
City Council/RSA Agenda 176 Tuesday, January 14, 2025
Project Mitigation Approach
The construction of Quarry Lakes Parkway will require modification of the exiting stormwater drainage system now serving the Station District. As mentioned above, two stormwater detention basins will need to be removed, which accommodate wetland habitat. Mitigation for the removal of these wetlands will be required before regulatory agencies issue permits. The East-West Connector project was transferred to the City without a strategy for permitting or mitigation as required in the EIR.
Coordination with regulatory agencies on mitigation concepts for environmental permitting has required a significant effort from the Project Team and City staff. In early 2022, the Project Team began to evaluate onsite mitigation opportunities within Old Alameda Creek, which would leverage stormwater drainage to restore the waterway. During a presentation to the Army Corp of Engineers Interagency Meeting on September 8, 2022, regulatory agency staff at the meeting concurred with this onsite approach and approved using Old Alameda Creek for hydromodification during peak storm events, a significant philosophical change from prior project design assumptions. Regional Water Quality Control Board staff expressed support for the onsite mitigation approach to revitalize Old Alameda Creek, which may make the project more cost-effective. The Project Team is now working withAlameda County Water District (ACWD) to assess the feasibility of onsite mitigation and identify opportunity areas within Old Alameda Creek on ACWD property for mitigation and for water resource/ground recharging benefits. A draft Quarry Lakes Parkway MitigationApproach Report was submitted to ACWD on November 26, 2024. The Project team met with ACWD staff to discuss onsite mitigation opportunities on January 8, 2025.
Corp Yard Realignment
Alameda CTC amended the current project funding agreement with the City to allocate additional funds for the completion of Phase 1 65% final design on December 5, 2024. Phase 1 has unique challenges that the City hopes to better understand by furthering its design work. First, Phase 1 will realign anAlameda County Flood Control and Water Conservation District (ACFCD) flood control facility (Line M Channel) to make room for the new roadway section from Mission Boulevard (SR 238) to 7th Street/Chesapeake Drive.
Realignment of the channel will require a reconfiguration of the City’s Public Works Corporation (Corp) Yard, including the relocation and reconstruction of a new southern concrete security wall of the Corp Yard, reducing the size of the yard by 10 percent. Near-term changes will impact both UC Transit fleet storage and operations and the Public Works Grounds Division, and include the following:
Reconfiguration of the bus parking area including the proposed EV fuel chargers and infrastructure; Relocating the Dumbarton Express Fleet (before the reconstruction of the Corp Yard security wall as 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; and Relocation of Conex Storage Bins.
City staff are working with the consultant Group 4 Architecture to complete a Corporation Yard Master Plan Study. Phase 1 of the study will address near-term improvements for incremental implementation, including: the relocation of the Corporation Yard’s perimeter security wall; the location of new charging stations for the future electric bus fleet; disaster preparedness upgrades; improvements for operational efficiency; and SB 1383 compliance. See Attachment 7 for the draft Corporation Yard Master Plan Phase 1.
Line M Flood Control Channel Realignment and Line M OverflowSystem As mentioned above, constructing Phase 1 will require the realignment of the existing Line M flood control channel and removes two stormwater overflow basins, which reduces the capacity available in the flood control channel during major storm events. In order to regain this lost capacity, ACFCD requires an overflow pipeline (Line M overflow system) to be constructed as mitigation. To properly design the overflow pipeline from Phase 1 to the outfall in Old Alameda Creek (located at the opposite end of the corridor), the Project Team has had to perform substantial preliminary design work on all Project Phases, including additional hydraulic analysis of existing flood control facilities and Old Alameda Creek.
Extensive coordination with ACFCD and ACWD on the roadway’s stormwater treatment strategies are ongoing. A Hydraulic Report to support the design of the proposed Line M Flood Control Channel realignment and Line M bypass/overflow system has been submitted to ACFCD for their review in December 2024. The Project Team plans to meet withACFCD and ACWD staff by late January 2025 to review the technical report, the proposed Line M Flood Control Channel realignment and the proposed Line M overflow system.
Current Cost Estimates and Funding Status
Primary funding sources for the design, right of way and construction of Quarry Lakes Parkway project total approximately $258.6 million from local and regional transportation funds as noted below:
Table 3: Quarry Lakes Parkway Primary Funding Sources
Funding Sources Amount
1986 Measure B Funds $65,500,000
2005 CMA-TIP $14,300,000
Route 84 LATIP Funds (Estimated) $41,814,000
2014 Measure BB (TEP 21-Dumbarton) $40,000,000
2014 Measure BB (TEP 22- Intermodal Station) $72,000,000 2024 RM3, Dumbarton Corridor Funds (NEW) $25,000,000
Estimated Total $258,614,000
In addition, the City has dedicated an in-kind contribution to the project of land and right-of-way valued at approximately $59.2 million.
Lastly, approximately $1.4 million may come from additional third-party sources for an all-source funding total of $319,214,000.
Below is a breakdown of 2020 Cost Estimates for each phase of Quarry Lakes Parkway Project, using the 2011 East West Connector Plans.
Table 4. 2020 Quarry Lakes Parkway Phases 1-4 Cost Estimates Project Phases (Segments) Total Est. Cost
Phase 1- 7
th Street Connection (7th Street to Mission Boulevard) $ 19,200,000 City Council/RSA Agenda 177 Tuesday, January 14, 2025
Phase 1- 7
th Street Connection (7th Street to Mission Boulevard) $ 19,200,000 Phase 2 – Gateway Site (Old Alameda Creek to Alvarado-Niles Road)
$ 20,300,000
Phase 3 -11
th Street Connection (11th Street to 7th Street) $ 91,600,000 Phase 4- Alvarado-Niles Connection (Alvarado Niles to 11 th
Street)
$ 79,600,000
TOTAL $210,700,000
In late February 2024, the Consultant Team submitted revised Cost Estimates for QLP, Phases 1-4 to Alameda CTC staff for initial review. Since the 2011 East West Connector Plans were outdated and did not include a mitigation strategy supported by the regulatory agencies, the overall project costs have significantly increased because of the following:
1. The roadway geometrics and profile have been re-designed to meet Complete Streets and Multimodal Policies and Criteria, including the addition of a separate Class I multi-use trail, buffered on-street bike lanes, protected intersections, future far-side transit stops, and enhanced street lighting for all modes.
2. The location of the water quality treatment basin and hydromodification basin has been redesigned to maximize development area on the Caltrans (Gateway) Parcel.
3. The Line M Flood Control Channel realignment design and Line M overflow drainage system are being redesigned to meet current Alameda County Flood Control requirements.
4. The underpass structures, retaining walls, and concrete slab protection have been re-designed to meet current structural and seismic design criteria along with BART and Union Pacific design requirements.
5. The mitigation concept strategy for design, permit approvals, and construction of onsite and offsite mitigation areas has been developed with concurrence from the regulatory agencies for project disturbance to wetlands, riparian areas, species and waters.
Current draft estimates are under review by Alameda CTC staff. City staff and the Project Team continue to coordinate with Alameda CTC staff on the development of cost estimates by providing backup calculations, additional exhibits and revising project plans.
Next Steps
With the recent approval of the amended project funding agreement with Alameda CTC, City staff have brought forth a request for City Council at tonight’s meeting to authorize the City Manager to execute the amendment to access additional funding for the design of Phase 1. Once approved, City staff will work with design consultant Mark Thomas & Co. to increase their contract so they can continue work on Phase 1 design. City staff anticipate that a contract amendment will be brought forward to City Council by the end of January.
Furthermore, with the completion of Phase 2 65% final design, City staff are working with Alameda CTC staff to request final design funding from the Commission. The Commission is expected to approve the Phase 2 final design funding allocation in March 2025.
Finally, at tonight’s meeting, City staff are also requesting City Council authorization to submit an allocation request to the Metropolitan Transportation Commission from Regional Measure 3 (RM3) Dumbarton Corridor Improvements program in the amount of $3,507,000 to complete final design of the project’s environmental mitigation strategy.
Intercity Rail Station (SouthernAlameda County Integrated Rail Study) Current Status
The San Joaquin Regional Rail Commission released a Request for Proposals (RFP) in April 2024 for California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and Preliminary Engineering (PE) Consulting Services for the Union City Intermodal Station Phase 3 Project. A firm was selected to begin work on the Phase 3 environmental review process in August 2024. However, due to uncertainty pertaining to the future availability of federal funding for current and future rail projects, SJRRC has put a hold on initiating the project.
Block 5 Mobility Hub
A "mobility hub" is proposed on Block 5 on the east side of BART Station, adjacent to the East Plaza and planned location for the Intercity Rail Station. A mobility hub includes a pedestrian plaza with amenities such as canopy trees, bike lockers, bike repair stations, wayfinding signs, transit information bulletin board, transit shelters and parking stalls for EV chargers. Mobility hubs are located near transit stations or connections that support various EV, bicycle and pedestrian activities. Public Works staff have recently applied for MTC grants to construct a mobility hub on Block 5 that would include bicycle parking, bicycle repair and electric vehicle (EV) charging stations.
Other Updates
The Decoto Road Project, Phase 1, City Project No. 23-24, is nearing completion. The goal of the project was to rehabilitate a large section of the roadway within the Station District, which included repairing failed pavement areas, pavement grinding, asphalt concrete overlay, adjustment of roadway utilities and restriping of Decoto Road from the Fremont city limits (Alameda County Flood Control Channel Bridge) to Station Way. The geometry and lane widths were also reconfigured to add a Class II buffered bike lane, an upgrade from its current conventional Class II bike lane, to improve safety and visibility for both bicyclists and motorists.
The project is expected to be fully complete by February 2025. Phase 2 of the project, which will rehabilitate the roadway and implement additional multimodal improvements from Station Way to Mission Boulevard, will commence once portions of the Station East project commence, and programmed project grant funding is secured.
FISCAL IMPACT
City Council/RSA Agenda 178 Tuesday, January 14, 2025
There is no fiscal impact to the General Fund to accept this staff report.
RECOMMENDATION
Staff recommends that the City Council accept this staff report on the status of various development and infrastructure projects within Union City’s Station District neighborhood and ask clarifying questions.
Prepared by:
Jonathan Segarra, Management Analyst II
Carmela Campbell, Economic and Community Development Director MarilouAyupan, Public Works Director Joan Malloy, City Manager
Submitted by:
Joan Malloy, City Manager
ATTACHMENTS:
Description Type
Attachment 1 – Map of Station District Subareas Attachment Attachment 2 – Map of Station District Current and Planned Development Attachment Attachment 3 – Station East Project Site Plan Resolution Attachment 4 – BARTEast Entrance and PedestrianAt-Grade Crossing and Required Safety Improvements Attachment
Attachment 5 –Quarry Lakes Parkway Phase Map and Project Renderings Attachment Attachment 6 – Intercity Rail Station Preliminary Design Attachment Attachment 7 – Draft Corporation Yard Master Plan Phase 1 Attachment City Council/RSA Agenda 179 Tuesday, January 14, 2025
Station District Subareas
James Logan
High School
City Corp.
Yard
Union City
Fremont
Union City
Fremont
7Th St
11Th St
CheevesWay
ZwissigWay
H
St
StationWay
Meyers
Dr
Union
Sq
uare
Decoto
Rd
BradfordWay
BergerWay
GallianoWay
Nidus
Ct
Alvarado Niles Rd
Alvarado Niles Rd
Decoto
Rd
ZwissigWay
11Th St
Quarry Lakes Dr
7Th St
Green St
7Th St
Union Square
Mission Blvd
Mission Blvd
Decoto
Rd
H St
Alvarado Niles Rd
Niles Blvd
Future Quarry Lakes Parkway
Future
Quarry
Lakes
Parkway
Royal Ann
Dr
7th St Extension
11th St Extension
Green Street
Bridge
!
STATION
EAST
CIVIC
CENTER
GATEWAY
THE
MARKETPLACE
THE
CORE
0 250 500 750 1,000
Feet
Union City Station District
Union City City Limit
Subareas
The Core
Station East
Gateway
The Marketplace
Civic Center
Union City BART Station
BART
Railroad
Source: City of Union City, 2019;Alameda County GIS, 2019.
Subareas
Acres
Gross
Acres
Net
The Core 124 99
Station East 127 112
Gateway 67 60
The Marketplace 45 38
Civic Center 107 99
Totals 471 407
CIVIC CENTER
Civic uses like City Hall and the Library will be
cohesively integrated with the larger Station District, including new pedestrian and bicycle connections.
THE MARKETPLACE
The Marketplace will continue to be a vibrant,
walkable citywide destination with retail, dining, and
entertainment uses. Future new streets, plazas,
feel.
THE CORE
The Core will continue to be a major transit hub
as well as a business and residential center, wellconnected to the rest of the city with multiple modes of transportation including bikes, walking, transit, and cars.
STATION EAST
A portion of Station East includes an approved mixed
use neighborhood development, with housing, parks,
and community-oriented retail and services. The
rest of Station East is set aside for future jobs uses, focused on research and development, innovation,
and technology.
GATEWAY
This new gateway to Union City will include a variety
of housing opportunities integrated with open space,
park amenities, ecological restoration, and enhanced
facilities for bicyclists and pedestrians.
City Council/RSA Agenda 180 Tuesday, January 14, 2025
9 Station District Priority Development Area (PDA)
City Council/RSA Agenda 181 Tuesday, January 14, 2025
City Council/RSA Agenda 182 Tuesday, January 14, 2025
BART At-Grade Crossing
City Council/RSA Agenda 183 Tuesday, January 14, 2025
Union Pacific Railroad: PERMIT REQUIREMENTS & CONDITIONS
DECOTO RD
UNION CITY
BART STATION
NEW AT-GRADE
PEDESTRIAN
CROSSING AT BART
DECOTO ROAD
PEDESTRIAN
CROSSING
IMPROVEMENTS
“I” ST. AT-GRADE
CROSSING
(CLOSURE)
City Council/RSA Agenda 184 Tuesday, January 14, 2025
“I” Street At-Grade Crossing (Oakland Sub)
AFTER
BEFORE
City Council/RSA Agenda 185 Tuesday, January 14, 2025
Railroad Tracks, Crossings and Future At-Grade Crossing Safety Projects NOTE: UC-UP Agreement also required the City to update the pre-emption calculations at these Railroad Crossings for UP’s review, which may result in UP requiring the City to install new pre-emption systems at one or more crossings. UP is currently reviewing the updated calculations.
City Council/RSA Agenda 186 Tuesday, January 14, 2025
Quarry Lakes Parkway
Improved Circulation & Public Safety
Improves access for residents to
Union City BART & Dumbarton Express
Decrease in vehicle
hours of delay
No increase in vehicle
miles traveled (VMT) Expands Mobility
Options
Enhances Walking/Biking Options &
Improves Connectivity
City Council/RSA Agenda 187 Tuesday, January 14, 2025
Project Renderings
Similar Roadway Improvements (11th Street)
Quarry Lakes Drive
Quarry Lakes Parkway
Quarry Lakes Parkway
Improved Circulation
& Public Safety
Improves Access for Residents to
Union City Bart & Dumbarton Express
Decrease In Vehicle
Hours of Delay
No Increase in Vehicle
Miles Traveled (VMT)
Expands Mobility Options
Enhances Walking/Biking
Options & Improves Connectivity
City Council/RSA Agenda 188 Tuesday, January 14, 2025
Intermodal Station Phase 3
City Council/RSA Agenda 189 Tuesday, January 14, 2025
Intermodal Station Phase 3
UNION CITY
BART STATION
UNION CITY
INTERCITY RAIL STATION
11TH STREET
City Council/RSA Agenda 190 Tuesday, January 14, 2025
Union City
Corporation Yard Master Plan
DRAFT REPORT | 11 June 2024
City Council/RSA Agenda 191 Tuesday, January 14, 2025
City Council/RSA Agenda 192 Tuesday, January 14, 2025
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 193 Tuesday, January 14, 2025
ii UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CONTENTS City Council/RSA Agenda 194 Tuesday, January 14, 2025
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 195 Tuesday, January 14, 2025
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 196 Tuesday, January 14, 2025
3 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY
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 197 Tuesday, January 14, 2025
4 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT INTRODUCTION + METHODOLOGY
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 198 Tuesday, January 14, 2025
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
City Council/RSA Agenda 199 Tuesday, January 14, 2025
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 200 Tuesday, January 14, 2025
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 201 Tuesday, January 14, 2025
8 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT FACILITIES TODAY
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
City Council/RSA Agenda 202 Tuesday, January 14, 2025
9 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT CURRENT AND FUTURE NEEDS
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 203 Tuesday, January 14, 2025
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 204 Tuesday, January 14, 2025
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 205 Tuesday, January 14, 2025
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 206 Tuesday, January 14, 2025
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 207 Tuesday, January 14, 2025
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
City Council/RSA Agenda 208 Tuesday, January 14, 2025
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 209 Tuesday, January 14, 2025
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 210 Tuesday, January 14, 2025
17 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
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 211 Tuesday, January 14, 2025
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.
City Council/RSA Agenda 212 Tuesday, January 14, 2025
19 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
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 213 Tuesday, January 14, 2025
20 UNION CITY CORPORATION YARD MASTER PLAN – DRAFT REPORT MASTER PLAN VISION
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 214 Tuesday, January 14, 2025
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 215 Tuesday, January 14, 2025
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 216 Tuesday, January 14, 2025
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 217 Tuesday, January 14, 2025
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 218 Tuesday, January 14, 2025
City Council/RSA Agenda 219 Tuesday, January 14, 2025
City Council/RSA Agenda 220 Tuesday, January 14, 2025
Agenda Item
DATE: 1/14/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION AUTHORIZING THE CITYMANAGER TO SUBMIT AN
ALLOCATION REQUEST TO THE METROPOLITAN TRANSPORTATION
COMMISSION (MTC) FROM THE REGIONAL MEASURE 3 DUMBARTON
CORRIDOR IMPROVEMENTS PROGRAM, IN THE AMOUNT OF $3,507,000,AND
ACCEPTINGALAMEDACOUNTYTRANSPORTATION COMMISSION'S
DESIGNATION OF THE CITYOF UNION CITYAS IMPLEMENTINGAGENCYFOR QUARRYLAKES PARKWAY, CITYPROJECT NO. 18-04
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,507,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Quarry Lakes Parkway, City Project No. 14-14.
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 the Quarry Lakes Parkway, upgrades to the BART Station and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The Metropolitan Transportation Commission (MTC), a regional planning agency, has been designated as the federal Metropolitan Planning Organization (MPO) and the state Regional TransportationAgency (“RTPA”) for the San Francisco Bay Area. At designated times, MTC receives available regional, state and federal funds as an MPO and RTPA, and, in turn, provides these funds to local agencies for planning and programming transportation, transit, land use, or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”).
To solve the Bay Area’s growing traffic congestion problems, voters in 2018 approved Regional Measure 3 (RM 3) to finance a $4.45 billion for highways and transit improvements through a one dollar increase in tolls for the region’s seven (7) state-owned toll bridges, including the San Francisco-Oakland Bay Bridge, the San City Council/RSA Agenda 221 Tuesday, January 14, 2025
Mateo-Hayward Bridge, the Dumbarton Bridge, the Richmond-San Rafael Bridge, the Benicia-Martinez Bridge, the Carquinez Bridge and the Antioch Bridge. The previous toll measures approved by voters in the nine Bay Area counties - Alameda, San Francisco, San Mateo, Santa Clara, Contra Costa, Napa, Marin, Solano and Sonoma -- included Regional Measure 1 (RM 1) in 1988 and Regional Measure 2 (RM 2) in 2004. The Dumbarton Express, which provides regional transit service for the residents of Alameda County to the jobs in San Mateo County, has received operating and capital improvement funds through these past toll measure programs. However, there has not been significant funding for local projects to improve the east-west commute along the Dumbarton Corridor or Decoto Road, a High Injury Network (HIN) in Southern Alameda County, from these past toll measures.
The Regional Measure 3 Expenditure Plan has identified a list of corridor improvements under CorridorSpecific Capital Projects. Under the South (San Mateo-Hayward, Dumbarton) list of projects, $130 million has been programmed for the Dumbarton Corridor Improvement (see Attachment 1 for the RM 3 Expenditure Plan).
The statute description for the Dumbarton Corridor Improvement states:
“Funding planning, environmental review, design and construction of capital improvements with the Dubarton Bridge and rail corridors in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times. Eligible projects include, but not limited to, the projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among the Altamont Commuter Express, Capitol Corridor and Bay Area Rapid Transit, including rail connection at the Shinn Station. The project sponsors are the Bay Area Toll Authority, Alameda County Transportation Commission, San Mateo County Transit District and the San Mateo County Transportation Authority.”
The Dumbarton Corridor Transportation Study, completed in 2017, discussed the proposed Dumbarton Rail Corridor service connecting Caltrain in San Mateo County to BART at the Union City BART Station in Alameda County. In 2019, San Mateo County Transit District (SamTrans) partnered with Facebook on the Dumbarton Rail Corridor (DRC) Study to review and evaluate alignments and types of rail modes for connecting San Mateo County to Alameda County along the Dumbarton- Decoto Corridor. This study was put on hold in 2021 and has not been completed.
MTC’s Southern Alameda County Integrated Rail Study (SoCo Rail), Phase 2, completed in 2023, has recommended the proposed “Shinn Station” option at the Union City Intermodal Station, which currently serves BART, AC Transit, Dumbarton Express, Union City Transit, and potential future ACE service.
DISCUSSION
In early 2023, with guidance from Mayor and MTC Commissioner Carol Dutra-Vernaci, the southern Alameda County cities of Fremont and Newark, as well as AC Transit and Alameda County Transportation Commission (Alameda CTC), began identifying potential capital improvement projects along or parallel to the DumbartonDecoto Road corridor that were ready for construction within the next five years.
The Quarry Lakes Parkway Project and the BART At-Grade Pedestrian Crossing Project clearly meet the statute language for the RM 3, Dumbarton Corridor Improvement program funds. Also, these projects are identified in Alameda CTC’s Countywide Transportation Plan (CTP) and MTC’s Plan Bay Area (PBA) 2050 Plus.
In early 2023, Union City submitted the initial project information to Alameda CTC and MTC, requesting $25.0 million for Quarry Lakes Parkway and $3.0 million for the BARTAt-Grade Pedestrian Crossing for their review and comments. In February 2024, MTC met with project sponsors to review and discuss all potential projects under consideration.
On June 24, 2024, at the MTC Commission Meeting, the Commission unanimously approved the staff recommendation for programming $130 million to projects in Alameda and San Mateo County with $72.0 million for specific projects in Fremont, Newark and Union City (see Attachment 2 for the MTC Dumbarton Corridor Programming Presentation and Attachment 3 for the MTC’s Updated Resolution No. 4411 for the Dumbarton Corridor Improvement Program).
On September 10, 2024, City Council adopted Resolution No. 6360-24 authorizing the City Manager to City Council/RSA Agenda 222 Tuesday, January 14, 2025
submit an Allocation Request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,000,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Union City BART East Entrance and At-Grade Pedestrian Crossing Project, City Project No. 14-14.
Quarry Lakes Parkway, City Project No. 18-04, is currently in Final Design for Phase 1, 7 th Street Connection
and Phase 2 (Gateway Connection). The City plans to use the $3,507,000 of the $25.0 million for the final design of the mitigation requirements and the remaining grant funds will be used for the permit fees and the construction of the off-site and on-site mitigation improvements.
Union City is required to submit an Allocation Request package to Alameda CTC and MTC for the $3,507,000 of RM 3, Dumbarton Corridor Improvement program funds, including a resolution formatted to MTC’s specifications for the Quarry Lakes Parkway, City Project No. 18-04. The Allocation Request package has been submitted to Alameda CTC in late December 2024 for their review before they submit Union City’s Allocation Request to MTC for approval. Alameda CTC anticipates Committee and Commission approvals in March 2025.
FISCAL IMPACT
Union City will coordinate with Alameda CTC and MTC staff to finalize the allocation request package, which will be part of the MTC’s Project Funding Agreement. Once we receive the executed Project Funding Agreement, expected around May 2025, staff will request the City Council to accept the $3,507,000 and increase the Capital Improvement budget for the design phase of the Quarry Lakes Parkway, City Project No. 18-04, by this new grant amount.
There is no impact to the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) from the Regional Measure 3 Dumbarton Corridor Improvements Program, in the amount of $3,507,000, and accepting Alameda County Transportation Commission’s designation of the City of Union City as Implementing Agency for the Quarry Lakes Parkway, City Project No. 18-04.
Prepared by:
MarilouAyupan, Public Works Director
Submitted by:
Joan Malloy, City Manager
ATTACHMENTS:
Description Type
Attachment 1 - RM3 Expediture Plan Attachment
Attachment 2 - MTCPresentation - Dumbarton Programming Attachment Attachment 3 - MTCUpdated Resolution No. 4411 Attachment Draft Resolution Resolution
ExhibitA - RM3 Dumbarton: Initial Project Report Form Exhibit Exhibit B- RM3 Dumbarton: Funding Plan Exhibit
Exhibit D- RM3 Dumbarton: Cash Flow Plan Exhibit
Exhibit D- RM3 Dumbarton: Cash Flow Plan Exhibit
City Council/RSA Agenda 223 Tuesday, January 14, 2025
REGIONAL MEASURE 3 EXPENDITURE PLAN ($ in millions)
All- Corridor Annual Operating Program
All Corridors
Transbay Terminal 5
Ferries (Funding ramps up to $35 million over five years) 35 Regional Express Bus 20
Annual Operating Program Total $ 60
Regional Programs
BART Expansion Cars 500
Bay Area Corridor Express Lanes 300
Ferry Enhancement Program 300
Goods Movement and Mitigation 160
San Francisco Bay Trail / Safe Routes to Transit 150
Capitol Corridor 90
Next Generation Clipper Transit Fare Payment System 50
Regional Programs Subtotal (35%) $ 1,550
Corridor-Specific Capital Projects
Central (San Francisco-Oakland Bay Bridge)
Caltrain Downtown Extension 325
Muni Fleet Expansion and Facilities 140
Core Capacity Transit Improvements 140
AC Transit Rapid Bus Corridor Improvements 100
Transbay Rail Crossing 50
Interstate 80 Transit Improvements 25
Central Subtotal (27%) $ 780
South (San Mateo-Hayward, Dumbarton)
BART to San Jose Phase 2 375
Tri-Valley Transit Access Improvements 100
Eastridge to BART Regional Connector 130
San Jose Diridon Station 100
Dumbarton Corridor Improvements 130
Highway 101/State Route 92 Interchange 50
Interstate 680/SR 84 Interchange Reconstruction 85
Interstate 680/Interstate-880/Route 262 Freeway Connector 15 South Subtotal (34%) $ 985
North (Richmond-San Rafael, Benicia-Martinez, Carquinez, Antioch) Contra Costa 680/State Route 4 Interchange Improvements 210 U.S. 101 Marin-Sonoma Narrows 120
Solano County Interstate 80/Interstate 680/State Route 12 Interchange Project 150 Interstate 80/Westbound Truck Scales 105
State Route 37 Improvements 100
Sonoma-Marin Area Rail Transit District (SMART) Extension to Windsor & Healdsburg 40 San Rafael Transit Center 30
Richmond-San Rafael Bridge Access Improvements 210
North Bay Transit Access Improvements 100
SR 29 Improvements 20
East Contra Costa County Transit Intermodal Station 15
Byron Highway-Vasco Road Airport Connector 10
Vasco Road Safety Improvements 15
Interstate 680 Transit Improvements 10
North Subtotal (39%) $ 1,135
Corridor-Specific Capital Projects Subtotal (65%) 2,900 Capital Projects Grand Total 4,450
OPERATING PROGRAM
CAPITAL PROJECTS
City Council/RSA Agenda 224 Tuesday, January 14, 2025
RM3 Capital Programming for
Dumbarton Corridor Improvements
MTC Commission Meeting
June 24, 2024
Updated Version
City Council/RSA Agenda 225 Tuesday, January 14, 2025
Language in RM3 Statute
• Project Title and Amount: Dumbarton Corridor Improvements, $130 million • Scope: Fund planning, environmental review, design, and construction of capital improvements within Dumbarton Bridge and rail corridor in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times.
• Eligible projects include, but are not limited to, the projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among the Altamont Corridor Express, Capitol Corridor, and Bay Area Rapid Transit District, including a rail connection at Shinn Station.
• Project sponsors: Bay Area Toll Authority, Alameda County Transportation Commission, the San Mateo County Transit District, and the San Mateo County Transportation Authority
2 City Council/RSA Agenda 226 Tuesday, January 14, 2025 Distribution Principles
1. Geographic and Sponsor Balance
• 25% each to be designated by Alameda County, San Mateo County, and BATA
• 25% to be competitive
2. Retaining purchasing power of RM3
3. Reduce congestion in the corridor
4. Consistency with Plan Bay Area and regional policies 3 City Council/RSA Agenda 227 Tuesday, January 14, 2025 Staff Proposal
4 PROJECT
IMPLEMENTING
AGENCY ALA - $32.5M BATA - $32.5M SM - $32.5M
Competitive
Funding - $32.5 M Total RM3 Funding
UNION CITY BART EAST ENTRANCE AND AT GRADE
CROSSING UNION CITY $ 3,000,000 $ 3,000,000
DECOTO ROAD COMPLETE STREETS FREMONT
I-880/DECOTO INTERCHANGE MODERNIZATION FREMONT
QUARRY LAKES PARKWAY UNION CITY $ 18,300,000 $ 6,700,000 $ 25,000,000 THORNTON AVENUE COMPLETE STREETS & BAY TRAIL NEWARK $ 15,000,000 $ 15,000,000 DUMBARTON BRIDGE TO QUARRY LAKES TRAIL FREMONT $ 10,800,000 $ 10,800,000 SAN MATEO DUMBARTON BUSWAY SAMTRANS $ 5,000,000 $ 5,000,000 101/84 INTERCHANGE REIMAGINED RWCity/SMCTA $ 10,000,000 $27,500,000 $ 10,500,000 $ 48,000,000 DUMBARTON FORWARD OPERATIONAL IMPROVEMENTS BATA $ 5,000,000 $ 5,000,000 TOTAL $ 32,500,000 $ 32,500,000 $32,500,000 $ 32,500,000 $ 130,000,000 *General condition: Projects programmed below must submit allocation requests consistent with the RM3 Policies and Procedures, including an adopted board resolution and updated Initial Project Report that demonstrates full funding commitments for the requested project phase. If these are not submitted by December 31, 2025, MTC staff will request a project update for the Commission and could recommend deprogramming the funds.
PROGRAMMING RECOMMENDATIONS *
$ 11,200,000 $ 7,000,000 $ 18,200,000
City Council/RSA Agenda 228 Tuesday, January 14, 2025
Recommendation and Next Steps
• MTC Resolution No. 4411,
Revised – approve initial
programming as outlined today
• Staff will bring proposed
allocations to Commission for
consideration on a rolling basis
as projects are ready, in
accordance with RM3 Policies
and Procedures
6 City Council/RSA Agenda 229 Tuesday, January 14, 2025 Appendix -- Project Detail
7 City Council/RSA Agenda 230 Tuesday, January 14, 2025 Union City BART East
Entrance and
At-Grade Crossing
Project Sponsor City of Union City
Scope New East entrance to Union
City BART station, at-grade
UPRR crossing, other area
pedestrian improvements
RM3 Funding
Amount
$3M (Alameda)
RM3 Phase CON
Total Cost $8.4M
Schedule Begin construction 2024, open
summer 2025
8 City Council/RSA Agenda 231 Tuesday, January 14, 2025 Decoto Road Multimodal Complete Streets
Project Sponsor City of Fremont
Scope Between I-880 Interchange and
Alameda Creek Trail, dedicated
transit lanes and multipurpose
paths each direction, two
protected intersections,
upgraded signals and lighting
RM3 Funding
Amount
Up to $18.2M total
($11.2M Alameda, $7M
Competitive)
RM3 Phase PS&E, ROW, CON
Total Cost $46.8M
Schedule* Begin final design 2024, open
spring 2027
Note: This project may be phased. Schedule is shown for Phase 1, which would focus on a two-way gapclosing cycle track along the north side, and pavement rehabilitation. Phase 1 estimated cost is $10.5M. 9 City Council/RSA Agenda 232 Tuesday, January 14, 2025
I-880/ Decoto Road Interchange Modernization
Project
Sponsor
City of Fremont
Scope Multipurpose trail and
dedicated transit lanes
through intersection
RM3 Funding
Amount
TBD (Portion of $18.2M
not dedicated to Decoto
Road Complete Streets)
RM3 Phase TBD
Total Cost $24.5M
Schedule Funding dependent; could
start construction 2026
If alternate funding for the Decoto Road Complete Streets project is found, RM3 allocations may be recommended for the I-880/ Decoto Interchange Modernization project so that the continuous active transportation and bus priority improvements may be made throughout this corridor. 10 City Council/RSA Agenda 233 Tuesday, January 14, 2025
Quarry Lakes Parkway
Project Sponsor City of Union City
Scope Construct a new four-lane
multimodal, local street with a
landscape median, buffer bike
lanes and a separated
continuous multi-use trail from
Mission Blvd (SR 238) in Union
City to Paseo Padre in Fremont
RM3 Funding
Amount
$25M total
($18.3M Alameda, $6.7M
BATA)
RM3 Phase ROW, CON
Total Cost* $211.8M
Schedule* Begin construction 2025, open
end of 2028
Note: Costs and schedule shown for Phases 1-3.
11 City Council/RSA Agenda 234 Tuesday, January 14, 2025 Thornton Avenue Multimodal
Complete Streets
Project Sponsor City of Newark
Scope3-phase multimodal access
improvements between SR-84
and I-880 in Newark, including
Old Town Streetscape and
Complete Streets and Thornton
Ave Complete Streets (Hickory
St to Gateway Blvd)
RM3 Funding
Amount
$15M, competitive
RM3 Phase PS&E, CON
Total Cost* $36.8M
Schedule* Phased; construction beginning
2025-2028, segments opening
2026-2029
12 City Council/RSA Agenda 235 Tuesday, January 14, 2025 Dumbarton Bridge to Quarry Lakes Trail
Project Sponsor City of Fremont
Scope Segment 2 of trail, extending
from SR 84 toll plaza to
Ardenwood Transit Center,
including existing toll plaza
overcrossing
RM3 Funding
Amount
$10.8M, BATA
RM3 Phase PS&E, ROW, CON
Total Cost $10.8M
Schedule Construction beginning 2026,
opening 2028
13 City Council/RSA Agenda 236 Tuesday, January 14, 2025 101/84 Interchange Reimagined
Project Sponsor Redwood City, San Mateo County
Transportation Authority
Project US 101/84 Interchange Reimagined
• Significant safety improvements
• 4.21 Miles of new bike/ped
• Improved access for transit shuttles from RWC
Caltrain to Port and access to planned WETA
ferry terminal
RM3 Funding
Amount*
$48M
RM3 Phase CON
Total Cost $321M
Schedule Construction start in 2027
14 City Council/RSA Agenda 237 Tuesday, January 14, 2025 San Mateo Dumbarton Busway
Project Sponsor Dumbarton Corridor Transitway
Scope Business Case
RM3 Funding
Amount
$5 Million
RM3 Phase Pre-environmental
Total Cost $150 Million (estimated total
project cost)
Schedule Construction beginning in 2029
15 City Council/RSA Agenda 238 Tuesday, January 14, 2025 BATA Programming/
Dumbarton Forward
Operational Improvement Project
Project Sponsor BATA and others as to be defined
Scope Proposed Part-time Bus only Lane on San
Mateo County side of Dumbarton Bridge;
funding may also be recommended for
further transit improvements and Bay Trail
improvement studies
RM3 Funding Amount $5M, BATA ($5M in RM2 is also dedicated to Dumbarton Forward)
RM3 Phase CON
Total Cost $26M
Schedule Construction completion summer 2026
16 City Council/RSA Agenda 239 Tuesday, January 14, 2025 Date: March 25, 2020
W.I.: 1258
Referred by: PAC
Revised: 05/27/20-C 06/23/21-C
07/28/21-C 11/16/22-C
06/26/24-C
ABSTRACT
MTC Resolution No. 4411, Revised
This resolution establishes programming for Regional Measure 3 (RM3) capital projects sponsored or co-sponsored by MTC or BATA.
This resolution includes the following attachments:
Attachment A – Goods Movement and Mitigation Program of Projects Attachment B – Bay Area Corridor Express Lanes Program of Projects Attachment C – North Bay Transit Access Improvements Program of Projects Attachment D – Dumbarton Corridor Improvements Program of Projects This resolution was revised on May 27, 2020 by Commission Action to add Attachment B – Bay Area Corridor Express Lanes Program of Projects.
This resolution was revised on June 23, 2021 by Commission Action to add Attachment C – North Bay Transit Access Improvements Program of Projects.
This resolution was revised on July 28, 2021 by Commission Action to amend Attachment B – Bay Area Corridor Express Lanes Program of Projects.
This resolution was revised on November 16, 2022 by Commission Action to amend Attachment A – Goods Movement and Mitigation Program of Projects.
This resolution was revised on June 26, 2024 by Commission Action to add Attachment D – Dumbarton Corridor Improvements Program of Projects, and to amend Attachments B and C to conform to programming and allocation actions taken by the Commission, including the addition of funds to the Bay Area Corridor Express Lanes program and further specification of a separate programming and allocation resolution for county programs under the North Bay Transit Access Improvements program.
Additional discussion of this allocation is contained in the Executive Director’s memorandum and MTC Programming and Allocations Committee Summary sheet dated March 11, 2020, May 13, 2020, June 9, 2021, July 14, 2021, November 9, 2022, and June 12, 2024, and the Commission summary sheet dated June 24, 2024.
City Council/RSA Agenda 240 Tuesday, January 14, 2025
Date: March 25, 2020
W.I.: 1258
Referred by: PAC
Re: Programming of Regional Measure 3 Capital Projects Sponsored or Co-Sponsored by MTC or BATA
METROPOLITAN TRANSPORTATION COMMISSION
RESOLUTION No. 4411
WHEREAS, pursuant to Government Code Section 66500 et seq., the Metropolitan Transportation Commission (“MTC”) is the regional transportation planning agency for the San Francisco Bay Area; and
WHEREAS, Streets and Highways Code 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, on June 5, 2018, a special election was held in the City and County of San Francisco, and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma (individually, each a “County” and, collectively, the “Counties”) to approve a toll increase of three dollars ($3.00) phased in over time, including a one dollar ($1.00) toll increase on January 1, 2019, a one dollar ($1.00) toll increase on January 1, 2022, and a one dollar ($1.00) toll increase on January 1, 2025, for vehicles traveling on the state-owned bridges located in the San Francisco Bay Area (“Regional Measure 3”); and
WHEREAS, on September 26, 2018, the Bay Area Toll Authority (“Authority”) adopted Resolution No. 126 accepting certified statements from the Registrar of Voters of the City and County of San Francisco and each of the Counties and observing that a majority of all voters voting on Regional Measure 3 (“RM3”) at such special election voted affirmatively for RM3; and WHEREAS, on December 19, 2018, the Authority adopted Resolution No. 128 adopting a toll schedule phasing in the toll increase approved pursuant to RM3, effective on January 1, 2019; and WHEREAS, RM3 establishes the RM3 Expenditure Plan and identifies specific capital projects and programs and operating programs eligible to receive RM3 funding as identified in Sections 30914.7(a) and (c) of the California Streets and Highways Code; and WHEREAS, BATA shall fund the projects of the RM3 Expenditure Plan by bonding or transfers to MTC; and
City Council/RSA Agenda 241 Tuesday, January 14, 2025
MTC Resolution No. 4411