Union City City Council
August 12, 2025

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND

THE KPA GROUP

FOR CITY HALL WORKSTATION MODERNIZATION, PHASE II,
CITY PROJECT NO. 23-40
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and The KPA Group, a corporation, with offices located at 1840 Fourth Street, Suite 200, Livermore, CA 94550, (“Consultant”), (together referred to as the “Parties”) as of August 12, 2025 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on September 30, 2026, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Fourteen Thousand Five Hundred Dollars ($114,500), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services 296 of 510
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rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

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

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance 298 of 510
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satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and
Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001 (most
recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.

B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability is
acceptable for individual
contractors with no
transportation or hauling related
activities
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.

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

Consultant may rely on a selfinsurance program to meet those requirements, but only if the
program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
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volunteers for loss arising from
work performed under this
Agreement.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives. c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies. f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. 300 of 510
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iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement. iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant.
b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

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

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, 301 of 510
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and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 302 of 510
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the 303 of 510
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Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed paper materials on paper containing a minimum of 30% post-consumer recycled content when they are available in the marketplace at equal or less cost than virgin paper and are equal in performance to virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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

Jose Gutierrez
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Work Plan & Project Approach
TASK 1: KICKOFF MEETING & SITE VISIT
The initial site visit and project kickoff meeting establish the foundation for the project by aligning design objectives, schedules and project parameters. This collaborative effort allows KPA and City staff to discuss preliminary plans, identify constraints and review available resources. By documenting existing conditions and gathering critical data, this task ensures that subsequent design phases are both informed and efficient.

The site walkthrough will assess current layouts, modular systems, and equipment, with particular focus on areas that require reconfiguration or improvement. Attention will also be given to understanding of constraints and work efficiencies related to panel heights, acoustics and general workspace flow. KPA proposes an initial site visit to gather information and obtain a better visual understanding of existing conditions directly following the project kickoff meeting.

The Task 1 scope of services is organized into the following elements:
• Conduct kickoff meeting with City staff
• Perform site walkthrough to assess existing conditions • Review existing records and data, including layouts and as-built drawings • Confirm project schedule and deliverables
• Document equipment, furniture and filing cabinets to be retained Conduct Kickoff Meeting with City Staff
KPA will lead an initial meeting with City stakeholders to outline project goals. The kickoff meeting will allow the team to further define and discuss the project scope while confirming individual team member roles. We will obtain an understanding of City department involvement in the project, including individual stakeholders. The meeting will establish an understanding of scope of work efforts and communication protocols. A schedule for design meetings and major project submittals will be discussed and refined for submission to the City. We will discuss any pertinent City review periods related to the project.

We will prepare meeting notes for the kickoff meeting and provide to the City.

City of Tracy Temporary Emergency Housing Planning & Design 308 of 510
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Review Existing Records and Data
KPA will ask the City to provide available existing documentation including existing City Hall drawings and documents prepared during the Phase 1 space planning project. We will work to analyze existing documentation and other relevant data provided by the City for use in space planning and design.

Perform Site Walkthrough to Assess Existing Conditions
We will visit City Hall for a detailed walkthrough of spaces requiring to be improved. During the site visit, we will review existing conditions and provide documentation as appropriate for use in space planning and recommendations. We will compile a list of questions based on our site investigation for discussion with project stakeholders.

The site visit will document existing furniture layouts, workspace dimensions and current equipment placement for use in discussions and designs. We will inventory modular systems, filing cabinets, and equipment to ensure these elements are accounted for. Recommendations for adjustments or replacements will be made as needed. Current observed concerns related to natural light, acoustics, path of travel and other areasthat may be improved will be considered.

Measurements will be obtained for use in the design along with project photos.

Confirm Project Schedule and Deliverables
We will prepare an updated and refined project schedule after the kickoff meeting that incorporates stakeholder discussion and initial site observations. Key milestones will be incorporated along with dates for milestone
submissions and City review periods. The schedule will
continue to be updated throughout the project.

Project deliverables will be confirmed during initial
discussions with the City. Current anticipated deliverables for all tasks include:
• Meeting notes for kickoff meeting and scheduled
project meetings
• Existing furniture and equipment inventory to remain
• Project space program
• Written feasibility and efficiency considerations
• Initial design floor plan layouts (2 layouts)
• Options for modular furniture systems including for
different types of furniture required (cubicles,
collaboration areas, private offices and other desk
components)
• Council Chambers seating furniture arrangement and
selection
• Finishes selections for modular systems and other
furniture
• City staff user survey and responses
• Final design floor plan layout
• Final furniture and equipment arrangements
• Electrical and data design concept – utilizing existing infrastructure as much as possible
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• Electrical and data design concept – alternate with
infrastructure improvements
• Design considerations including for ventilation
requirements without major building modifications
• Complete project Construction Documents including
floor plan adjustments, furniture layout, power, data
ventilation considerations
• Project specifications
• Engineer’s construction cost estimate
TASK 2: DRAFT SUBMITTAL FOR REVIEW
After kickoff and site investigation, we will continue to analyze project conditions and requirements and begin to develop preliminary design concepts for review. KPA will review the existing space program and layout and provide major adjustments to the City for consideration prior to submission points. This phase will work to validate the space program and initial desired layout and generally assess the feasibility of the project. KPA will create two design options and may include slight variations of options presented for consideration.

We will work to incorporate accessibility standards into designs presented and coordinate design meetings with users for feedback. These concepts will incorporate solutions for filing cabinets, printers, and other spatial requirements while addressing acoustical and functional needs. Data and power considerations will additionally be provided including considerations for completely new infrastructure. We will provide order-of-magnitude construction cost estimates for options presented.

The Task 2 scope of services is organized into the following elements:
• Validate existing program and preliminary layout
• Develop two (2) initial design concepts
• Define filing cabinet, printer, and equipment arrangements • Incorporate user feedback and surveys
• Recommend modular furniture systems and finishes
• Develop final design option and alternate data infrastructure plan • Address acoustical concerns and ventilation solutions 310 of 510
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Validate Existing Program and Preliminary Layout
We will assess the existing City Hall layout and overall program for feasibility and general constructability. We will meet with the City to discuss suggestions or modifications that may be required to the project space program. The validation process will involve incorporation of furniture and equipment counts into available space. Recommendations for improvements will be presented and will focus on opportunities to increase work efficiency and workspace functionality.

Develop Two (2) Initial Design Concepts
Two alternative layout concepts will be created for initial consideration by the City. Alternate layouts will incorporate necessary floor plan changes and allow stakeholders to understand location and space changes to individual departments. Concepts presented will additionally incorporate power and data infrastructure changes and utilize existing data infrastructure to the greatest extent feasible.

We will identify pros and cons of concept options presented. Minor variations to concept options forslight rearrangements may be provided for consideration in addition to the main concept options. Order of magnitude cost estimates will be provided to align with concept options.

Space programs will be developed to align with design concepts presented. We will continue to meet with the City for project coordination throughout the Task 2 project phase.

Define Filing Cabinet, Printer and Equipment Arrangements Existing furniture and equipment inventory will be integrated into the concept space arrangements with any recommended new equipment outlined as necessary. Furniture locations will be illustrated on the concept design options presented, and adjustments to the City Manager’s area will be incorporated based on discussions with the City.

Incorporate User Feedback and Surveys
KPA will prepare a space planning survey to be completed by department heads or other stakeholders as determined by the City. The space planning survey will involve basic questions about workspace use and allows users the opportunity to highlight undesired elements of current workspaces including for acoustic, thermal, privacy, size and collaboration considerations. We will review survey responses and utilize this data to refine the overall designs presented.

Recommend Modular Furniture Systems and Finishes
KPA will provide recommendations for modular systems that align with the intended design.

Furniture selection and arrangement is additionally required for the Council Chambers area.

Current fixed seating will be removed and opportunities presented for new seating.

We will coordinate with furniture vendors to define an appropriate company and manufacturer that may provide furniture to meet the intended space design. Costs for furniture systems and other information obtained will be reviewed with the City as appropriate. Upon selection of modular furniture systems and components, we will work to better define specific finishes and color options.

These finishes will align with overall project goals and existing building components as appropriate. 311 of 510
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Develop Final Design Option and Alternate Data Infrastructure Plan We will develop a final design option based on user feedback, furniture and equipment requirements.

We will additionally incorporate desired finishes into this concept. A final Space Plan will be developed and submitted for review by the building department Chief Building Official. The review process is not anticipated to be a complete building permit review submittal but rather a more expedited review to ensure code compliance with the final plan. Comments will be incorporated into the final design option including for accessibility and egress considerations and other required clearances.

The final design option presented will still utilize existing data infrastructure to the greatest extent possible. There is an opportunity for the City to consider upgrade of overall data infrastructure to better serve the space afterthe remodel and future peace of mind. We will prepare considerations for an overall data infrastructure upgrade for discussion with the City. Additional construction costs for data infrastructure improvements will be defined on an order-of-magnitude basis.

Address Acoustical Concerns and Ventilation Solutions
Strategies for improving acoustics and maintaining air circulation in private offices and conference rooms will be incorporated. Solutions will prioritize functionality without requiring structural or other building changes.
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CONT RACTO R AG REES TH AT HE SH ALL ASSU ME SOLE AND C OMPLET E RESPO NSIBILITY FOR JO B SITE CO NDITIONS DU RING TH E C OURS E OF C ONST RUCTION OF THIS P ROJE CT , INCLUDING SAF ETY OF ALL PE RSONS AND PRO PE RTY; TH AT THIS REQUIR EME NT SH ALL APPLY CO NTINUOUSLY AND N OT BE LIMITED TO NO RM AL WO RKING HOU RS;

LOS GATOS CIVIC CENTER

TENANT IMPROVEMENTS
DATE: AUGUST 3, 20 22SCALE: PER D RAWI NG DESIGN: KPA DRAWN: KPA CHECK: KPA 110 E Main St. Los Gatos, CA 9 5 03 0
Morrison LOWER LEVEL REFLECTED CEILING PLANS ENGR: PHARIS ENGI NEE RING Maierle TOWN OF LOS GATOS PARKS AND PUBLIC WO R K S DE PARTME NT PROJECT NO.: 7 44.00 T H E KPA GROUP BUI LD ING PE RMIT A PPLICATI ON NO. [_ -__-__ _ ] ENGR: M ORRISON MAIE RLE

LOS GATOS CIVIC CENTER

TENANT IMPROVEMENTS
110 E Main St. Los Gatos, CA 9 5 03 0
DATE: AUGUST 3, 20 22SCALE: PER D RAWI NG DESIGN: KPA DRAWN: KPA CHECK: KPA ENGINEERING Morrison LOWER LEVEL PLANS ENGR: PHARIS ENGI NEE RING Maierle TOWN OF LOS GATOS PARKS AND PUBLIC WO R K S DE PARTME NT PROJECT NO.: 7 44.00 T H E KPA GROUP BUI LD ING PE RMIT A PPLICATI ON NO. [_ -__-__ _ ] ENGR: M ORRISON MAIE RLE TASK 3: FINAL DESIGN SUBMITTAL (BID SET)
The final design submittal consolidates feedback from earlier phases into a comprehensive and bidready construction package. We will refine the selected layout, complete quality control reviews, incorporate required details and prepare final construction documents and specifications.

The Task 3 scope of services is organized into the following elements:
• Refine selected layout based on feedback
• Prepare final architectural layouts and data/power plans • Develop specifications for modular systems and finishes • Provide phasing recommendations for construction
• Submit bid-ready drawings and digital files
Town of Los Gatos Civic Center- TenantImprovement CDs
Refine Selected Layout Based on Feedback
KPA will incorporate all comments from Task 2 to finalize the chosen layout. Adjustments will allow a final opportunity to review the program for optimal functionality and compliance with project requirements.

Prepare Final Architectural Layouts and Data/Power Plans We will prepare construction documents describing required building changes and data and power connection points for modular systems. The construction documents phase will document required changes at City Hall and advance the final conceptual layouts produced as a complete design package. Documentation of changes for accessibility and other code requirements will be incorporated. This phase will establish final layouts for department spaces, furniture, equipment and data infrastructure based upon the final concept produced during Task 2. We will incorporate desired finishes and advance project cost estimates to incorporate a construction cost estimate level of detail. Draft and final project technical specifications will be prepared. Collaboration with City staff will continue and comments will be incorporated into the design.

The construction documents phase will include comprehensive construction drawings and specifications that are suitable for bidding and permitting. Final design changes will be incorporated during this phase including final adjustments to layouts and materials. Additional coordination will take place with furniture vendors and sub-consulting engineers.

Construction documents tasks include:
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• Produce design documents based on information developed in Task 1 and Task 2 phases • Meet with City staff to provide updates, receive input and review project parameters • Collaborate with stakeholders to incorporate final adjustments to space layout including minor adjustments to department workspaces
• Complete design for data and power requirements
• Prepare project specifications
• Develop construction documents, including:
o Architectural
o Electrical and Data
• Provide project cost estimates at 90% submittal stage • Prepare 90% construction documents and incorporate City feedback • Review final design documents with City staff and stakeholders • Prepare and deliver 100% construction documents, including final construction drawings, technical specifications and engineer’s estimate Develop Specifications for Modular Systems and Finishes We will prepare appropriate project specifications for required modular furniture components.

Specifications will incorporate final finishes requirements.

Provide Phasing Recommendations for Construction
A phased construction plan will be developed to minimize disruption to operations.

Recommendations will include staging furniture and maintaining public services. The construction phasing plan will be included as part of the complete 100% construction document submittal.

Submit Bid-Ready Drawings and Digital Files
Upon completion of the design, we will deliver native project files to the City along with the complete set of documents in electronic PDF form. Native files include AutoCAD files and Excel files for space programs. The package will be complete and ready for contractor bidding. We will prepare a bid package based upon the final approved set of construction documents. 314 of 510
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Task 4: Bid and Construction Support (Optional Service) In this phase, KPA will provide support during the bidding and construction phases, including responding to RFIs, reviewing submittals and assisting with the final punch list.

The Task 4 scope of services is organized into the following elements:
• Respond to RFIs during bidding and issue required addenda • Review submittals and shop drawings during construction • Assist with punch list preparation
• Participate in final inspection
Respond to RFIs During Bidding
KPA will provide timely responses to contractor questions during the bidding process to ensure clarity and alignment with project goals. Drawing addenda that is required based on bidding RFIs will be completed and submitted to the City to relay to potential bidders.

Review Submittals and Shop Drawings
Submittals and shop drawings will be reviewed for compliance with the design documents. KPA will review and respond to RFIs. We will organize project RFIs related to project components and discuss responses with the City as needed. RFIs will be reviewed in a timely manner (5 working days) with attention to overall project infrastructure relationships. During the response process, we will:
• Issue necessary interpretations, clarifications and replies to information requests regarding the Contract Documents
• Assist the City with supplemental instructions as required Services provided for shop drawings and submittals will be related to shop drawing review, product and material substitutions review and the management of such submittals. Additional submittals may be required to be reviewed based on the completeness of individual submittals or components of construction. During this process we will:
• Review and approve furniture submittals, substitution requests and shop drawings for conformance to the requirements of Contract Documents and specifications Assist with Punch List Preparation
We will generate a punch list based on final completion for construction required at City Hall. The punch list process will involve observing work to identify defects, non-conformance to the space design and incomplete work. Punch list findings will be documented and the City will provide to the Contractor for corrections. The punch list process involves:
• Conducting site observations to identify and document construction defects, nonconformance to the design and/or incomplete work • Providing a punch list of items requiring correction or to be completed 315 of 510
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• Assisting the City to confirm all punch list items have been addressed and completed Participate in Final Inspection
KPA will assist the City during the final inspection to ensure all design elements are properly implemented.

0 W
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EXHIBIT B

COMPENSATION SCHEDULE
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EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage 318 of 510
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rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. 319 of 510
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E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 320 of 510
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTING SERVICES AGREEMENT
WITH THE KPA GROUP, IN THE AMOUNT OF $114,500,

FOR THE CITY HALL WORKSTATION MODERNIZATION,
PHASE II, PROJECT, CITY PROJECT NO. 23-40
WHEREAS, all second-floor City Hall workstations appear worn and are in various states of disrepair simply due to their service beyond their useful life, with the only exception being the newly-refurbished City Manager’s Office, which was updated during Phase I of the City Hall Workstation Modernization Project, City Project No. 22-31; and WHEREAS, the city population has grown significantly over the years, necessitating a significant growth in staff to address the growing needs of the residents, which has created challenges in providing adequate workspace for new employees, as well as the number of contract workers the City has needed to bring on board to serve the public properly; and
WHEREAS, the City completed Phase I of the City Hall Workstation Modernization Project, City Project No. 22-31, in 2023, refurbishing the City Manager’s Office; staff now intends to continue with the same look and feel throughout the rest of the second floor of City Hall, including the City Hall office spaces and City Council Chambers; and WHEREAS, staff has completed preliminary layouts and seeks input from a design professional to advise on all aspects of workplace design, including, but not limited to, the following: 1) best use of space; 2) height of cubicle panels; 3) acoustical concerns related to the Phase II flow from the atrium garden area to different work areas; 4) the arrangement of existing file cabinets; and, 5) the best locations of printers, plan tables, new conference rooms; and
WHEREAS, on October 17, 2024, staff released an informal Request for Proposals for the City Hall Workstation Modernization, Phase II, Project; and WHEREAS, on December 11, 2024, the City received a proposal from The KPA Group that was determined to be both responsive and responsible, and reference checks were satisfactory; and
WHEREAS, the Consulting Agreement with The KPA Group, in the amount of $114,550, if approved, will provide the draft design, final design, and construction administration for the City Hall Workstation Modernization, Phase II, Project, City Project No. 23-40; and
WHEREAS, the contract will be funded in the General Fund (Account Number 11092340-57115), as designated in the approved Five-Year Capital Improvement Plan for FY 2025-2026 to FY 2029-2030.
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Resolution No. 2025-XXX
Approve CSA with The KPA Group for CH Workstation Modernization, Phase II

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute a Consulting Services Agreement with The KPA Group, in the amount of $114,500, for the City Hall Workstation Modernization, Phase II, Project, City Project No. 23-40.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 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
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Agenda Item
DATE: 8/12/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ROSAS BROTHERS CONSTRUCTION, IN THE AMOUNT OF $539,954, FOR THE ANNUAL SIDEWALK, CURB & GUTTER, AND RAMP REPAIR PROJECT, CITY PROJECT NO. 25-03, AND APPROVING A TOTAL CONSTRUCTION BUDGET IN THE AMOUNT OF $647,945

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution awarding a construction contract to Rosas Brothers Construction, in the amount of $539,954, for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03, and approving a total construction budget in the amount of $647,945.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

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

BACKGROUND
The scope of this project consists of making improvements in front of private property at approximately 117 locations citywide. The project work is comprised of repairing uplifted or damaged sidewalks and curbs & gutters, upgrading ramps, and removing trees uplifting sidewalks throughout the City. The list of locations to be repaired was compiled from inspection findings prompted by public works service requests submitted through the City’s website and by staff observations made during the course of daily work duties.

DISCUSSION
On July 18, 2025, plans and specifications for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project were released and advertised for bid as the 2025 Sidewalk, Curb & Gutter Replacement Project. Four (4) bids were received and opened on July 29, 2025 (Exhibit A). The low base bid was submitted in the amount of $539,954 by Rosas Brothers Construction, of Oakland, California, which is more than 8% lower than the engineer’s base bid estimate at $588,000 for the project.

Following the standard practice of allocating a contingency amount to address any unforeseen conditions that may require additional work, the Public Works Department recommends a 20% construction contingency to ensure a successful project. The estimated project budget for the construction phase is as follows:

Construction Contract Amount $539,954
Contingency - 20% of Contract $107,991
Total Estimated Construction Cost $647,945
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Rosas Brothers Construction has performed work for the City in the past as a subcontractor. Reference checks found their work to be satisfactory. Public Works staff recommends the award of the construction contract to Rosas Brothers Construction.

Pursuant to the California Streets and Highways Code, Section 5610-5618 and Union City Municipal Code, Section 12.08.615, Sidewalk Maintenance - Duty and Liability, the maintenance and repair of the sidewalk is the responsibility of the adjoining property owner. At the beginning of August, letters were mailed to all affected Union City property owners to advise them of their estimated costs for the sidewalk repairs and the projected timeline. Upon completion of the work, a second letter with the exact cost of the sidewalk repairs will be sent to the property owners, who will be given three options for either payment in one lump sum, payment in installments, or a lien on their property.

FISCAL IMPACT
Funding for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03, is identified in the approved Five-Year Capital Improvement Plan for Fiscal Years 2025-2026 to 2029-2030. The construction costs will be funded with $147,945 of State Gas Tax funds (Account Number 25092503-57128), $150,000 of SB 1 Road Maintenance & Rehab funds (Account Number 25192503- 57128) funds, and $350,000 of Measure BB Bike & Pedestrian funds (Account Number 26792503-57128). There are sufficient funds in these accounts to fund the project costs.

By the end of 2026, twelve months after the projected completion of the project, staff estimates homeowners will have paid approximately $292,000 towards reimbursing the City for the sidewalk repairs as outlined earlier. Again, any amounts due for which the property owner has not elected to either pay in one lump sum or pay through an installment plan will have a lien placed on their property for the costs of their sidewalk repairs. All reimbursement funds received from property owner payments will be deposited back to the State Gas Tax Fund, SB 1 Road Maintenance & Rehab Fund, and/or the Measure BB Bike & Pedestrian Fund.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution awarding a construction contract to Rosas Brothers Construction of Oakland, California, in the amount of $539,954, for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03, and approving a total construction budget in the amount of $647,945.

Prepared by:

Carly Kasper, Civil Engineer I
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Project Location Map Attachment
Draft Resolution Resolution
ExhibitA - Bid Summary Exhibit
REVIEWERS:

Department Reviewer Action Date
Public Works Ayupan, Marilou Approved 8/6/2025 - 6:48 PM City Manager’s Department Malloy , Joan Approved 8/6/2025 - 11:34 PM 324 of 510
2025 Sidewalk Replacement Project Locations
Union City CIP#25-03
Google Map Location List.xlsx
All items
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RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AWARDING A CONSTRUCTION CONTRACT TO ROSAS BROTHERS
CONSTRUCTION, IN THE AMOUNT OF $539,954, FOR THE ANNUAL

SIDEWALK, CURB & GUTTER, AND RAMP REPAIR PROJECT, CITY
PROJECT NO. 25-03, AND APPROVING A TOTAL CONSTRUCTION
BUDGET IN THE AMOUNT OF $647,945
WHEREAS, on July 18, 2025, plans and specifications for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project were released and advertised for bid as the 2025 Sidewalk, Curb & Gutter Replacement Project, with Rosas Brothers Construction of Oakland, California, being deemed the lowest responsible bid in the amount of $539,954 (see Exhibit A); and
WHEREAS, a review of the firm’s qualification shows Rosas Brothers Construction to be an experienced and appropriately licensed contractor and, as such, the Public Works Director recommends that it is in the City’s best interest to award the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project to Rosas Brothers Construction; and WHEREAS, the recommended construction budget, which consists of the construction contract amount, construction contingency, and construction support, is $647,945; and
WHEREAS, funds for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03, are identified in the approved Five-Year Capital Improvement Plan for Fiscal Years 2025-2026 to 2029-2030. The construction costs will be funded with $147,945 of State Gas Tax funds (Account No. 25092503-57128), $150,000 of SB 1 Road Maintenance & Rehab funds (Account No. 25192503-57128), and $350,000 of Measure BB Bike & Pedestrian funds (Account No. 26792503-57128).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards a construction contract to Rosas Brothers Construction, in the amount of $539,954, for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the construction budget, with contingencies and construction support, in the amount of $647,945, for the Annual Sidewalk, Curb & Gutter, and Ramp Repair Project, City Project No. 25-03.
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Resolution No. 2025-XXX
Award Annual Sidewalk, Curb & Gutter, and Ramp Repair Project to Rosas Brothers Construction

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 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 – Bid Summary
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BID SUMMARY
PROJECT: 2025 SIDEWALK CURB & GUTTER REPLACEMENT PROJECT CITY PROJECT NO. 25-03
Project Manager: Carly Kasper, Engineer I
DATE: Tuesday, July 29, 2025
TIME: 2:00 p.m.

LOCATION: City Council Chambers
34009 Alvarado-Niles Road
Union City, CA 94587
No. BIDDERS BID AMOUNT
*CORRECTED*

BID AMOUNT

1. Spencon Construction $591,964.00

2. Sposeto Engineering Inc. $548,250.00

3. FBD Vanguard Construction $611,611.00

4. Rosas Brothers Construction $539,954.00
I, Thai Nam Pham, City Clerk of the City of Union City, do hereby certify that on Tuesday, July 29, 2025, I received and opened 4 (four) bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.

Thai Nam Pham, MMC, CPMC
City Clerk
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Agenda Item
DATE: 8/12/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION ACCEPTING $1,500,000 FROM THE ALAMEDA COUNTY TRANSPORTATION

COMMISSION FOR THE UNION CITY TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11, AMENDING THE FISCAL YEAR 2025-2026 CAPITAL PROJECTS GRANTS FUND BUDGET,

AND AUTHORIZING THE CITY MANAGER TO SIGN THE PROJECT FUNDING AGREEMENT FOR THE UNION CITY TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11, IN A FORM

APPROVED BYTHE CITYATTORNEY

EXECUTIVE SUMMARY
Staff recommends the City Council adopt a resolution accepting $1,500,000 from the Alameda County Transportation Commission (Alameda CTC) for the Union City Transit Fleet Electrification Project, City Project No. 22-11, amending the Fiscal Year 2025-2026 Capital Projects Grants Fund Budget, and authorizing the City Manager to sign the Project Funding Agreement for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in a form approved by the CityAttorney.

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.

Goal D, Strategy 9 Environmental Sustainability and Infrastructure – Transition the UC Transit fleet to zero emissions.

BACKGROUND
Union City Transit has a fleet of eighteen (18) compressed natural gas (CNG) heavy-duty fixed-route buses. Beginning in 2021, the fleet started meeting its useful life of twelve (12) years; there are now fourteen (14) buses that have either met or exceeded their useful lives.

Over the past few years, Union City Transit has been coordinating with the Metropolitan Transportation Commission (MTC), the California Air Resources Board (CARB) and the Alameda County Transportation Commission (Alameda CTC) on funding opportunities to convert the City’s CNG fixed-route buses to battery electric buses (BEB).

OnAugust 16, 2022, Union City Transit was informed that City was awarded a Federal Transit Administration (FTA) Section 5339(c) Low or No Emissions Vehicle (Low-No) discretionary grant that completed the needed funding to replace all fourteen (14) buses. The total amount of grant funds for the fourteen (14) fixed-route battery electric buses (BEB) is about $16.7 million as noted below:

CIP #50 - Transit Heavy-Duty Battery EV Procurement – City Project No. 21-08 Type of Transit Funds AwardAmount
FTA Section 5339 (c) $8,490,246
FTA Section 5307 $5,152,287
AB 664 Bridge Tolls $343,242
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AB 664 Bridge Tolls $343,242
TDA Article 4, Transit Capital $2,741,624
Total $16,727,399
To support the new BEB fleet, the City needs to modify the Public Works Maintenance Facility (Corporation Yard) by constructing a new transit facility with electric chargers and other equipment to support recharging the vehicles.

The Alameda CTC administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of the 2000 Measure B, 2010 Vehicle Registration Fee (VRF), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for CleanAir (TFCA) Programs.

On May 23, 2024, Alameda CTC adopted the 2026 Comprehensive Investment Plan (2026 CIP) Guidelines at its commission meeting, which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of Alameda CTC administered funds.

On August 13, 2024, the City Council adopted Resolution No. 6353-24, approving the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), to update the Corporation Yard Master Plan, Phase 1: NearTerm Improvements, to include the BEB Transition framework consisting of reconfiguring the bus parking area, including the layout of the proposed BEB fleet, charging stations and related infrastructure.

On September 1, 2024, Alameda CTC released the Call for Projects for the 2026 CIP with $100 million in combined Alameda CTCadministered discretionary local funding sources, including Measures B and BB (MB/MBB), VRF, and TFCA for eligible capital projects and programs within Alameda County. The 2026 CIP will program funding for FY2025-2026 through FY2029-2030. The Call for Projects period ended on October 31, 2024.

On October 22, 2024, the City Council adopted Resolution No. 6378-24, authorizing the filing of an application requesting $4,138,500 for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in the Alameda CTC’s 2026 CIP Call for Projects grant application process.

On May 22, 2025, Alameda CTC notified the City that the Commission approved an award of $1,500,000 to the Union City Transit Fleet Electrification Project, City Project No. 22-11.

On June 24, 2025, the City of Union City adopted its Biennial Budget for FY 2025-2026 & FY 2026-2027 and its Five-Year Capital Improvement Plan Budget for FY 2025-2026 to FY 2029-2030. Within the new budget, adjustments were made to Capital Improvement Project (CIP) #50 (City Project No. 21-08), the procurement of the fourteen (14) BEBs due to renegotiated pricing, and to CIP #70 (City Project No. 22-11), the Union City Transit Fleet Electrification Project, based on the reallocation of previously obligated funds that are expiring and new funding sources from the FTA and Alameda CTC. The new amounts for each project are noted below:

CIP #50 - Transit Heavy-Duty Battery EV Procurement – City Project No. 21-08 Type of Transit Funds AwardAmount
FTA Section 5339 (c) $4,623,630
FTA Section 5307 $5,817,052
AB 664 Bridge Tolls $343,242
TDA Article 4, Transit Capital $2,590,015
Total $13,373,939
CIP #70 – UC Transit Fleet Electrification Project – City Project No. 22-11 Type of Transit Funds AwardAmount
FTA Section 5339 (c) $3,866,616
Alameda CTC TFCA $1,500,000
TDA Article 4, Transit Capital $499,932
Low Carbon Transit Operations Prog $362,542
Total $6,229,090

DISCUSSION
Group 4 has been working with Union City Transit and Public Works staff on the design of the new BEB charging infrastructure as part of the reconfiguration and improvements of the Corp Yard. The City is also working with the Center for Transportation and the Environment (CTE), a non-profit organization, to assist with implementation of the charging infrastructure and transition from CNG buses. The City has also entered into an agreement with Pacific Gas & Electric (PG&E), as part of their Electrical Vehicle (EV) Fleet Program, to design and 330 of 510
also entered into an agreement with Pacific Gas & Electric (PG&E), as part of their Electrical Vehicle (EV) Fleet Program, to design and construct the new transformer, electrical equipment and electrical service to support the electrical loading requirement for the new BEB fleet.

Group 4 has prepared a conceptual Layout and Rendering of the BEB charging infrastructure at the Corp Yard to support the fourteen (14) new BEBs (see Attachment 1 and Attachment 2). The proposed improvement includes 150kW chargers from ABB Group (a vendor), median islands with charge dispensers for each vehicle plus some redundancy, foundations for electrical equipment, electric conduit, a median island for the PG&E transformer and other electrical equipment, concrete bus pad modifications, and new lighting. The construction cost for the Union City Transit Fleet Electrification Project, City Project No. 22-11, is estimated at $5,518,000 (see Attachment 4) and the total project cost is currently estimated at $6,229,090. The BEB charging infrastructure should be completed by late Fall 2025 around the time of the arrival of the fourteen (14) new buses (see Attachment 5).

FISCAL IMPACT
Union City will receive an additional $1,500,000 via Alameda CTC Project Funding Agreement (PFA) No. A25-0056 for the Union City Transit Fleet Electrification Project, City Project No. 22-11. City Council action is necessary to amend the FY 2025-2026 Capital Projects Grants Fund budget, as detailed below and in the attached resolution, as a result of accepting this additional funding.

There will be no fiscal impact on the General Fund.

RECOMMENDATION
Staff recommends the City Council adopt a resolution:

1. Accepting the $1,500,000 grant via Alameda County Transportation Commission (Alameda CTC) Project Funding Agreement No.

A25-0056 and authorizing the use of those funds for the Union City Transit Fleet Electrification Project, City Project No. 22-11; and

2. Amending the FY2025-2026 Capital Projects Grants Fund revenue budget by increasing the revenue projection inAccount Number 41092211-44502 (Capital Projects Grants Fund – Union City Transit Fleet Electrification Project – Misc. County/Local Grants) by $248,028 (the previously estimated grant amount of $1,251,972 was already budgeted in the Five-Year CIP); and

3. Amending the FY2025-2026 Capital Projects Grants Fund expenditure budget by appropriating $248,028 (the previously estimated total project cost of $5,981,062 was already budgeted in the Five-Year CIP) to Account Number 41092211-57112 (Capital Projects Grants Fund – Union City Transit Fleet Electrification Project – Land Improvements) for the Union City Transit Fleet Electrification Project, City Project No. 22-11; and

4. Authorizing the City Manager to sign Alameda CTC PFA No. A25-0056, which awards a grant in the amount of $1,500,000 to the City for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in a form approved by the CityAttorney.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - PFAA25-0056 Attachment
Attachment 2 - BEBCharging Infra Layout Attachment
Attachment 3- BEBCharging Infrastructure Rendering Attachment Attachment 4 - BEBCharging Cost Estimate &Local Match Attachment Attachment 5 - BEBCharging Schedule Attachment
Draft Resolution Resolution
REVIEWERS:

Department Reviewer Action Date
Public Works Ayupan, Marilou Approved 8/7/2025 - 10:08AM City Manager’s Department Malloy , Joan Approved 8/7/2025 - 12:22 PM 331 of 510
City Manager’s Department Malloy , Joan Approved 8/7/2025 - 12:22 PM 332 of 510
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PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF UNION CITY
for the

UNION CITY TRANSIT ELECTRIC BUS AND CHARGING INFRASTRUCTURE This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of May 22, 2025 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.
☐ 2000 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 333 of 510
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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 (“AIR DISTRICT”), 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 334 of 510
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forth in the applicable transportation expenditure plans, or the AIR DISTRICT-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. 335 of 510
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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.
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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 and construction contracts for PROJECT work not performed by PROJECT SPONSOR. 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.

13. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), 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. If ALAMEDA CTC determines that PROJECT SPONSOR has failed to fully comply with all LBCE Program requirements, including but not limited to meeting all reporting requirements in a timely manner, ALAMEDA CTC may take one or more of the following actions, until compliance or remedial action has been accomplished by the PROJECT SPONSOR to the satisfaction of ALAMEDA CTC:
a. Deem PROJECT SPONSOR to be noncompliant, and place PROJECT SPONSOR on a corrective action plan;
b. Impose sanctions on PROJECT SPONSOR, including suspension and termination of all ALAMEDA CTC funding assistance;
c. Decline approval of projects, grants, or contracts;
d. Withhold reimbursements to PROJECT SPONSOR for existing grants and contracts; and/or e. Other actions deemed appropriate by ALAMEDA CTC under the circumstances.

14. To facilitate ALAMEDA CTC’s monitoring of PROJECT SPONSOR’s compliance with the LBCE Program, PROJECT SPONSOR shall provide ALAMEDA CTC with drafts of (i) all procurement documents which address (or would be expected to address) LBCE Program or Disadvantaged Business Enterprise (DBE) participation goals and requirements (i.e., RFPs, RFQs, construction special provisions, and notices to bidders/proposers), in each case prior to advertisement, and (ii) PROJECT SPONSOR’s form professional services contract, prior to contract award.

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 337 of 510
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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., quarterly or semiannually) 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, 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 submit to ALAMEDA CTC a Prime Consultant/Contractor LBE, SLBE, and VSLBE Utilization Report with each of PROJECT SPONSOR’s invoices for the PROJECT, regardless of whether any reimbursable costs were incurred during the given period. The report shall include the AGREEMENT number, prime consultant/contractor name, the project title, scope of work, names of all subconsultants and their contract budgets and total costs incurred, and any additional relevant information requested by ALAMEDA CTC.

19. 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.

20. 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 338 of 510
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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 the AIR DISTRICT or its authorized representatives for TFCA funds obligated by this AGREEMENT.

21. 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 AIR DISTRICT as a funding source and display the AIR DISTRICT-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 AIR DISTRICT 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 AIR DISTRICT was credited as a funding source and the AIR DISTRICT-approved TFCA logos were displayed.
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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.21 due to extraordinary circumstances.

22. 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 7920.000 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

23. 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.

24. 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.

25. 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.

26. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a AIR DISTRICT 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 AIR DISTRICT’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 AIR DISTRICT financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed AIR DISTRICT 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.

27. 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.

28. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to ALAMEDA CTC when identified as applicable in Appendix C: Request for Reimbursement and Reporting Requirements. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.
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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 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 341 of 510
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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 AIR DISTRICT-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 AIR DISTRICT 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 AIR DISTRICT 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. 342 of 510
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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.

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.15(a) through Section III.15(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.15(a) and Section III.15(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 343 of 510
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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 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 344 of 510
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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.
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 (i) failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, (ii) failing to file required progress reports in the time specified by this AGREEMENT, or (iii) failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to 345 of 510
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PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to cure any such breach and comply with all provisions of 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 the AIR DISTRICT, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, from any liability imposed on the AIR DISTRICT 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 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.20 and III.21 shall survive the termination or expiration of this AGREEMENT. PROJECT SPONSOR has 90 days after the Agreement Expiration Date to submit complete and accurate invoices to ALAMEDA CTC to make final allowable 346 of 510
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payments for PROJECT costs in accordance with the terms of this AGREEMENT. Failure to submit complete and accurate invoices within this period of time shall result in a waiver by PROJECT SPONSOR of its right to reimbursement of expended costs for which invoices have not yet been submitted.

26. No delay or omission in the exercise of any right or remedy of either party on any breach or default by the other party shall impair such right or remedy or be construed as a waiver.

27. 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]
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CITY OF UNION CITY
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Joan Malloy Date
City Manager
Tony Tavares Date
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 LLP Date
Legal Counsel to ALAMEDA CTC
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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 TFCA County Program Manager Fund Policies and Insurance Requirements Appendix G-3 Air District TFCA Logos
Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
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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
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APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

Project will install electric vehicle supply equipment (EVSE) along with related equipment and required upgrades to the Union City Public Works Maintenance Facility (CorpYard) to support charging Union City Transit’s fourteen (14) battery electric buses (BEB) on order and scheduled for delivery in Fall 2025, four (4) BEBs to be procured in the 2028-2029 time horizon, and up to ten (10) future demand response electric vehicles in support of micro transit and paratransit to be procured over the next five (5) years.

Project Location and Limits
• Union City Public Works Maintenance Facility located at 34650 Seventh Street, Union City, CA 94587
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APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

CONSTRUCTION
• Install electric vehicle supply equipment along with related equipment and required upgrades to the Union City Public Works Maintenance Facility to support charging Union City Transit’s electric vehicle transition
Non-Participating Costs / Not Eligible for Reimbursement Costs not eligible for reimbursement by this AGREEMENT include, but are not necessarily limited to:
• Costs incurred for services, fees, or amenities not related to the PROJECT scope that are funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT as the eligible scope is defined in Appendix A-1: Project Description and Appendix A-2: Project Scope Detail by Phase. • Sponsor Staff/Labor costs unless otherwise defined as allowed in Appendix A-6: Project Cost Detail. 352 of 510
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APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Construction
Order 14 Battery Electric Bus (BEB) Chargers 8/2025 02/2026 Release Request for Proposal / Advertisement 11/2025 12/2025 Contract Award 01/2026 02/2026
Construction Activity 02/2026 09/2026
BEB Chargers - Delivery and Installation 02/2026 03/2026 BEB Chargers - Operations Start 04/2026
Contract Acceptance 11/2026
Project Closeout 01/2027 06/2027
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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.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
2010 VRF Funding
Disc-Tech
TFCA
FYE26 Various Sources
PE/Environmental $ - $ - $75,000 $75,000
Final Design
(PS&E) $ - $ - $175,000 $175,000
Construction $1,017,000 $483,000 $3,768,000 $5,268,000
Total
Project Cost $1,017,000 $483,000 $4,018,000 $5,518,000
Notes:

1. ALAMEDA CTC ADMINISTERED FUNDS identified with a Note 1 are shown within this Project Cost Summary for funding plan informational purposes. These funds are not encumbered within this AGREEMENT.

2. To Be Determined (TBD) Column includes unknown and unsecured funding amounts to the project. 354 of 510
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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 Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage 2010 VRF
Disc-Tech
TFCA
FYE26
Construction $1,017,000 $483,000 $3,768,000 $5,268,000 28.47% Total
Funding $1,017,000 $483,000 $3,768,000 $5,268,000
Notes:

1. 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. 355 of 510
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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
CONSTRUCTION 2010 VRF
Disc-Tech
TFCA
FYE26
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ - $ -
Contract(s) $1,017,000 $483,000 $3,768,000 $5,268,000
Other Direct Costs $ - $ - $ - $ -
Total Phase Cost
(Staff + Contract Costs +
Other Direct Costs)
$1,017,000 $483,000 $3,768,000 $5,268,000
Notes:
• The costs and fund sources for all contracts for professional services or construction for the Project shall be shown in the “Contract(s)” line. “Other Direct Costs” consists of expenditures on such items as delivery services, printing services, and travel, where no RFPs/RFQs or bids are required. • Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
• Costs and funds may be moved between Contract(s) and Other Direct Costs through an Administrative Amendment pursuant to Section III.2 of this AGREEMENT, so long as (i) ALAMEDA CTC is notified in advance prior to any expenditures on either category in excess of the amounts then shown in this table, and (ii) any proposed amendment which changes the Total Costs for Contract(s) from zero to a positive number must be approved by ALAMEDA CTC prior to PROJECT SPONSOR seeking proposals, qualifications, or bids for such contract(s).
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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
2010 VRF Disc-Tech CON 5/22/2025 7/1/2025 12/31/2026 $1,017,000 TFCA FYE26 CON 5/22/2025 7/1/2025 Est. 11/1/2026 $483,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $1,500,000 Agreement Expiration Date: June 30, 2027
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. The earliest Allowable Start Date shown in this column represents the effective date of this AGREEMENT. The Allowable Start Date may be established as early as the Commission Approval Date of the allocation.

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 the AIR DISTRICT, unless an extended deadline is approved at the time of programming, or an extension has been approved by ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement Alameda CTC has yet to receive funds from the AIR DISTRICT. Extended deadlines will be reflected in an amended Table B-1, once approved.
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
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, and final close reporting requirements, as indicated below with an “X”.

Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. A progress report required regardless of whether expenses occurred or not during the reporting period.

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 agreement amendment requests. 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. Amendment Request Form

REQUEST FOR REIMBURSEMENT AND REPORTING

FREQUENCY AND DUE DATES
Minimum Frequency Required Period Covered Due Dates
Quarterly (once every 3 months)
Request for Reimbursement ☐ 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 Alameda CTC Progress Report ☐
Semi-annually (once every 6 months)
Request for Reimbursement ☒
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31st
By July 31st
Alameda CTC Progress Report ☒
Final Closeout Reporting
Final Request for Reimbursement ☒ Any work period eligible under Appendix B.

By 60 days prior to
Agreement
Expiration Date
Alameda CTC Final Report ☒ Entire project period. By Agreement Expiration Date
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.13, 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 Project Sponsor’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. PROJECT SPONSOR shall obtain approval of any such substitution prior to the advertisement of any procurements potentially eligible for reimbursement under this AGREEMENT.

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 contracts 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 Contract Services and Operations
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates tables below reflect required deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Additionally, PROJECT SPONSOR must also submit Request for Reimbursement forms and Progress Reporting as required per Appendix C.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
Construction Deliverables
1 Documentation of insurance coverage during construction phase (See Appendix G for minimum insurance requirements for TFCA-funded projects). 01/31/26
2 Before and After photos of completed BEB charger installation 07/31/26 3 Before and After photos of overall construction completion 01/31/27 4 Confirmation of construction completion
E.g., copy of governing board acceptance, notice of completion or similar. 01/31/27
Final Closeout Deliverables
5 Documentation of completed publicity requirements per Section I.20.

E.g., funding agency credit/logo usage on websites, articles, construction signage and purchased/installed equipment (see notes below table).
01/31/27
6 Final Invoice 04/30/27
7 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.12 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.
• Regarding the publicity requirements, the Air District requires its logo to remain affixed to the installed charging equipment.
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
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.

Appendix F is Not Applicable.
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 TFCA County Program Manager Fund Policies and Insurance Requirements Appendix G-3 Air District TFCA Logos
362 of 510
Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and Bay Area Air Quality Management District (Air District) to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per Air District requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
• 26ALA11
TFCA “Years of Effectiveness”:
• 2.75 years
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Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 3
APPENDIX G-2

TFCA COUNTY PROGRAM MANAGER FUND POLICIES AND INSURANCE REQUIREMENTS Note: The referenced documents are available for view and download from Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to Bay Area Air Quality Management District, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to PROJECT SPONSOR.

AIR DISTRICT-APPROVED TFCA COUNTY PROGRAM MANAGER/40% FUND POLICIES The PROJECT is to be consistent with the AIR DISTRICT’S Board-Adopted Policies Commencing FYE 2026 for the County Program Manager (or 40%) Fund (Appendix D of AIR DISTRICT’s TFCA 40% Fund Expenditure Plan Guidance Commencing Fiscal Year Ending 2026 (“Air District TFCA 40% Guidance”)).

TFCA INSURANCE REQUIREMENTS
The PROJECT is to comply with the below Alameda CTC insurance requirements for TFCA projects, as well as the Air District’s Insurance Guidelines (Appendix F of Air District TFCA 40% Guidance). • Verification of Coverage
PROJECT SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion. Certificates, policies and other evidence provided shall specify that ALAMEDA CTC and BAAD shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, PROJECT SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by PROJECT SPONSOR for PROJECT. • Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, PROJECT SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: With a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: In an amount of not less than the insurable value of PROJECT SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit of not less than $1 million.
• Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
364 of 510
Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 4
Air District TFCA 40% Guidance FYE 2026
Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA 40% Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The administering agency is not required to meet these requirements itself, unless it is acting as a Project Sponsor.

1. Liability Insurance:

Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

2. Property Insurance:

New Equipment Purchases - an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects - 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. Administering agencies should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 29 365 of 510
Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 5
Air District TFCA 40% Guidance FYE 2026
__________________________________________________________________________________ Bay Area Air Quality Management District Transportation Fund for Clean Air – County Program Manager / 40% Fund Page 30 366 of 510
Alameda CTC Agreement No. A25-0056
Project No. [XXXX.XX]
Appendix G – Page 6
APPENDIX G-3

AIR DISTRICT TFCA LOGOS
PROJECT SPONSOR shall comply with all of the publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT, including TFCA funding, as detailed in the Recitals Section I-21 of this AGREEMENT.
• A link to download Air District’s latest logos is available on Alameda CTC’s TFCA webpage <https://www.alamedactc.org/funding/transportation-fund-for-clean-air>. • Physical logo decals for affixing to equipment purchased and/or installed with TFCA funding including fueling/charging infrastructure, bike racks, signal boxes, and vehicles are available upon request to Alameda CTC staff, whose contact information is listed on Alameda CTC’s TFCA webpage.
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UC TRANSIT BATTERY ELECTRIC BUS (BEB)
CHARGING INFRASTRUCTURE, NO. 22-11
Charging Equipment Islands
Existing Bus Pad
Expand Bus Pad
Existing Paving
New Paving
Existing Building Panels (2)
Transformers (3)
Switchboard (1)
Level 2 Van Chargers (14)
BEB Chargers (9)
BEB Dispensers (18)
New Light Pole
New Bioretention area
Existing Light Pole
PG&E
Pole
Level 3
charging
equipment
LEGEND
Level 2
charging
equipment
Public Works Maintenance Facility (Corp Yard)
34650 7th St, Union City, CA 94587
Existing Corp Yard wall
Existing Dumbarton Express Fleet Parking
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Charging Equipment Islands
Existing Bus Pad
Expand Bus Pad
Existing Drive Aisle Paving
New Drive Aisle Paving
Existing Building
Panels (2)
Transformers (3)
Switchboard (1)
Level 2 Chargers (14)
BEB Chargers (9)
BEB Dispensers (18)
New Bioretention area
LEGEND

UC TRANSIT BATTERY ELECTRIC BUS (BEB) CHARGING
INFRASTRUCTURE, CITY PROJECT NO. 22-11
Public Works Maintenance Facility (Corp Yard)
34650 7th St, Union City, CA 94587
PG&E
Pole
Level 3
charging
equipment
Level 2
charging
equipment
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Item No. Bid Item Quantity Unit Unit Price Total
ABB Chargers/Dispensers
1 150kW ABB Chargers 8 EA $255,000 $2,040,000
2 Level 3 PCS/Dispensers 16 LS $120,000 $1,920,000
3 Charging Dispenser Foundation (18-inc diameter x 3 feet deep) 16 EA $15,000 $240,000 4 3/4-Inch Conduit for 120V Power Cable (LDP3 -Dispensers 1-18) 1,705 LF $84 $143,220 5 Combined Charger Foundation (7 ft x 24 ft x 1.5ft) 1 LS $23,000 $23,000 $4,366,220
Misc Civil Work
6 Extend Concrete Bus Parking 1 LS $50,000 $50,000
7 Median Island (Electrical Equipment & Transformer) 1 LS $400,000 $400,000 8 Median Island Charging Stations 1 LS $100,000 $100,000 9 BEB Lighting 2 EA $50,000 $100,000
$650,000
$5,016,220
Contingency @10% $501,622
TOTAL with Contingency $5,518,000
25% Local
Match $1,379,500
TOTAL 2026 CIP REQUEST $4,138,500
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known.

City of Union City
Union City Transit Battery Electic Bus (BEB) Charging Infrastructure, City Project No. 22-11 Engineer's Opinion of Probable Construction Costs for AlaCTC 2026 CIP Prepared October 16, 2024

SUBTOTAL
Preliminary Design
No Design Completed
Preliminary Design Final Design
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UNION CITY TRANSIT BATTERY ELECTRIC BUS (BEB) CHARGING INFRASTRUCTURE, CITY PROJECT NO. 22-11

PROPOSED CONSTRUCTION SCHEDULE
October 2024

EQUIPMENT SITE CONSTRUCTION

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB BEBs on Production
Line
Charger Lead Time up to 36 weeks
Switchboard Lead Time up to 52 weeks
Transformer Lead Time up to 52 weeks
2025 2026
BEB
Commissioning
BEB Training
Target Operational Dates:

BEB Delivery 11/17 + 11/24

CONDUIT FROM CHARGER

ISLAND TO DISPENSERS

TRENCHING

ISLAND CONDUIT
SET SWITCHBOARD + PANELS
+ STEPDOWN TRANSFORMER

POUR CONCRETE FOR ISLAND
+ DISPENSERS

PG&E TO THE METER
SET CHARGERS + DISPENSERS

LIGHT POLES
CONNECT EQUIPMENT + PULL
CABLE

BOLLARDS

COMMISSION

CHARGERS

CLOSE-OUT

ARRIVAL OF EV FLEET
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RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $1,500,000 FROM THE ALAMEDA COUNTY

TRANSPORTATION COMMISSION FOR THE UNION CITY TRANSIT
FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11,
AMENDING THE FISCAL YEAR 2025-2026 CAPITAL PROJECTS

GRANTS FUND BUDGET, AND AUTHORIZING THE CITY MANAGER

TO SIGN THE PROJECT FUNDING AGREEMENT FOR THE UNION CITY

TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT
NO. 22-11, IN A FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, the Alameda County Transportation Commission (“Alameda CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of the 2000 Measure B, the 2010 Vehicle Registration Fee (“VRF”), the 2014 Measure BB, the Congestion Management Agency Transportation Improvement Program (“CMA-TIP”), and the Transportation Fund for Clean Air (“TFCA”) Programs, and such funding is collectively defined as, and shall be referenced herein, as the “Alameda CTC Administered Funds”; and
WHEREAS, the Alameda CTC adopted the 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024, which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of Alameda CTC Administered Funds; and
WHEREAS, the Union City Transit Fleet Electrification Project, City Project No. 22-11, will install 150kW chargers from ABB, median islands with charge dispensers for each vehicle plus some redundancy, foundations for electrical equipment, electric conduit, a median island for the PG&E transformer and other electrical equipment, concrete bus pad modifications, and new lighting at the Public Works Maintenance Facility (Corporation Yard) to support Union City Transit’s fourteen (14) BEBs. The buses are on order and scheduled for delivery in late 2025, and the total construction cost for the project is estimated at $5,518,000, and the total project cost is estimated at $6,229,090; and
WHEREAS, on September 1, 2024, Alameda CTC released the Call for Projects for the 2026 CIP with $100 million in combined Alameda CTC-administered discretionary local funding sources, including Measures B and BB (MB/MBB), VRF, and TFCA for eligible capital projects and programs within Alameda County. The 2026 CIP will program funding for FY 2025-2026 through FY 2029-2030. The Call for Projects period ended on October 31, 2024; and
WHEREAS, on October 22, 2024, the City Council adopted Resolution No. 6378-24, authorizing the filing of an application requesting $4,138,500 for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in the Alameda CTC’s 2026 CIP Call for Projects grant application process; and WHEREAS, on May 22, 2025, Alameda CTC notified Union City that the Commission approved an award of $1,500,000 to the Union City Transit Fleet Electrification Project, City Project No. 22-11.
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Resolution No. 2025-XXX
Accept $1.5M from Alameda CTC for UC Transit Fleet Electrification Project

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts $1,500,000 from the Alameda County Transportation Commission via Project Funding Agreement No. A25-0056 and authorizes the use of those funds for the Union City Transit Fleet Electrification Project; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2025-2026 Capital Projects Grants Fund revenue budget by increasing the revenue projection in Account Number 41092211-44502 (Capital Projects Grants Fund – Union City Transit Fleet Electrification Project – Misc. County/Local Grants) by $248,028 (the previously estimated grant amount of $1,251,972 was already budgeted in the Five-Year CIP); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the FY 2025-2026 Capital Projects Grants Fund expenditure budget by appropriating $248,028 (the previously estimated total project cost of $5,981,062 was already budgeted in the Five-Year CIP) to Account Number 41092211-57112 (Capital Projects Grants Fund – Union City Transit Fleet Electrification Project – Land Improvements) for the Union City Transit Fleet Electrification Project; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to sign Alameda CTC PFA No. A25-0056, which awards a grant in the amount of $1,500,000 to the City for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in a form approved by the City Attorney. 373 of 510
Resolution No. 2025-XXX
Accept $1.5M from Alameda CTC for UC Transit Fleet Electrification Project

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 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
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Agenda Item
DATE: 8/12/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., IN THE AMOUNT OF $954,000, FOR A TOTAL CONTRACT AMOUNT OF $1,973,950, FOR

THE CORPORATION YARD PRELIMINARY AND FINAL DESIGN OF THE UNION CITY TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11, WHICH IS INCLUDED IN THE CORPORATION

YARD MASTER PLAN

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), in the amount of $954,000, for a total contract amount of $1,973,950, for the Union City Transit Fleet Electrification Project, City Project No. 22-11, which is included in the Corporation Yard Master Plan.

STRATEGIC PLAN ALIGNMENT
This agenda item is aligned with the following:

Goal D, Strategy 9: Transition the UC Transit fleet to zero emissions.

Goal D, Strategy 10: Create and Implement a plan to maintain and upgrade the City’s buildings.

BACKGROUND
On December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies. In accordance with this regulation, Union City Transit is required to have twenty-five percent (25%) of its fixed-route bus procurements to be zero-emission by 2026.

On February 25, 2020, the City Council adopted Resolution No. 5568-20 to support the effort in securing additional funding opportunities by making the commitment to convert the Union City Transit fixed-route fleet to zero-emission vehicles.

Following this commitment, the City of Union City and Union City Transit have been coordinating with the Metropolitan Transportation Commission (MTC), CARB, the Alameda County Transportation Commission (Alameda CTC), and the Federal Transit Administration (FTA) on the funding opportunities to convert the City’s Compressed Natural Gas (CNG) fixed-route buses to battery electric buses (BEB). Union City Transit staff were able to secure both an FTA Section 5307 formula funding grant and an FTA Section 5339(c) Low or No Emission Vehicle (Low-No) discretionary grant for fixed-route BEB.

On March 22, 2022, the City Council adopted Resolution No. 5906-22, accepting the Low-Carbon Transit Operations Project (LCTOP), Electric Vehicle Charging Infrastructure for Union City Transit Fleet, in the amount of $215,572. 375 of 510
On January 10, 2023, the City Council adopted Resolution No. 6067-23, authorizing the purchase of fourteen (14) fixed-route BEBs to replace the fourteen (14) CNG fixed-route buses that have reached the end of their twelve (12) year useful lives. The Union City Transit BEBs on order are scheduled to enter production in early October 2025 with all vehicles delivered by the end of December 2025.

To support charging the new BEB fleet, the City needs to modify the Corporation Yard (Corp Yard) by constructing new dedicated transit electric chargers which include dispensers at each of the bus stalls and associated electric vehicle supply equipment (EVSE) to maintain a reliable connection between the Pacific Gas & Electric (PG&E) source and the BEBs.

On September 8, 2023, the City entered into a Consulting Services Agreement with Group 4 Architecture in the amount of $74,950 to assist Public Works in the development of the Corporation Yard Master Plan, City Project No. 23-26, to better understand the construction impacts of Quarry Lakes Parkway, Phase 1, along with impacts to Corp Yard operations. The existing Corporation Yard, located on 7 th
Street, supports the maintenance and operations of the Public Works Department consisting of the Grounds/Parks, Streets, Fleet/Garage and Facilities Divisions along with Union City Transit and the Dumbarton Express service.

On August 13, 2024, the City Council adopted Resolution No. 6353-24, approving the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), to update the Corporation Yard Master Plan, Phase 1: NearTerm Improvements, to include the reconfiguration of the bus parking and the design of the BEB infrastructure.

On October 22, 2024, the City Council adopted Resolution No. 6378-24, authorizing the filing of an application requesting $4,138,500 for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in the Alameda CTC’s 2026 CIP grant application process.

On January 1, 2025, the City entered into the Second Amendment to the Consulting Services Agreement with Group 4 to incorporate the Corp Yard preliminary and final design of the Union City Transit Fleet Electrification Project, City Project No. 22-11.

On May 22, 2025, Alameda CTC notified the City that the Commission approved an award of $1,500,000 to the Union City Transit Fleet Electrification Project, City Project
No. 22-11.

DISCUSSION
Currently, all Union City Transit buses, Demand Response Vehicles, and Dumbarton Express buses are parked and operated from the Corp Yard. With the anticipated arrival of 14 additional electrical buses by the end of 2025 and the construction of the fleet electrification project underway simultaneously, continuing both Public Works operations and Transit operations presents a significant logistical challenge.

Group 4 has been working with Union City Transit and Public Works staff on the design of the BEB charging infrastructure as part of the reconfiguration and improvements of the Corp Yard. The City has also entered into agreement with PG&E as part of their Electrical Vehicle Fleet (EV Fleet) Program to design and construct the supply system, referred to as “To The Meter” (TTM) infrastructure, which includes the transformer, associated substructures, cables, and conduits necessary to deliver the necessary power to the meter. The City is responsible for designing and constructing the distribution system, referred to as “Behind The Meter” (BTM) infrastructure, which includes cables, conductors, transformers, switchboard, and associated substructures from the meter to the equipment used for charging BEBs.

Staff has identified the underutilized BART parking lot at Block 6 in the Station District as a suitable site for temporary bus parking during the construction of the fleet electrification project.

The Third Amendment to the Consulting Agreement with Group 4, in the amount of $954,000, if approved, will provide the preliminary and final design of the Transit fleet electrification infrastructure and optional construction support, including all Battery Electric Bus (BEB) infrastructure and related site improvements in support of the new infrastructure, for the Union City Transit Fleet Electrification Project, City Project No. 22-11, which is included in the Corp Yard Master Plan.

FISCAL IMPACT
The Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., for the Corporation Yard Preliminary and Final Design of the Union City Transit Fleet Electrification Project, City Project No. 22-11, in the amount of $954,000, will be funded with Public Improvements Fund monies (Account Number 41692211-57115), bringing the total contract amount to $1,973,950.

There is no impact to the General Fund.
376 of 510

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the amount of $954,000, for a total contract amount of $1,973,950, for the Corporation Yard Preliminary and Final Design of the Union City Transit Fleet Electrification Project, City Project No. 22-11, which is included in the Corporation Yard Master Plan.

Prepared by:

MarilouAyupan, Public Works Director
Submitted by:

MarilouAyupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - ThirdAmendment Attachment
Draft Resolution Resolution
REVIEWERS:

Department Reviewer Action Date
Public Works Ayupan, Marilou Approved 8/8/2025 - 2:03 PM City Manager’s Department Malloy , Joan Approved 8/8/2025 - 4:06 PM 377 of 510
Third Amendment to the Consulting Services Agreement
between City of Union City and Group 4 Architecture, Research + Planning, Inc.

THIRD AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C6049)
WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

FOR THE CORPORATION YARD PRELIMINARY AND FINAL DESIGN

OF THE UNION CITY TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 12th day of August 2025 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:

WHEREAS, on September 8, 2023, the Parties entered into a Consulting Services Agreement (C6049) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Corporation Yard Master Plan, City Project No. 23-26, in the amount of $74,950; and WHEREAS, on August 13, 2024, the Parties entered into a First Amendment to the Consulting Services Agreement (C6049) (“First Amendment”) to amend the scope of services, extend the term of services, and increase the compensation, in the amount of $945,000, for a not-to exceed contract amount of $1,019,950; and
WHEREAS, on January 1, 2025, the Parties entered into a Second Amendment to the Consulting Services Agreement (C6049) (“Second Amendment”) to amend the scope of services, extend the term of services, and update the fee schedule; and
WHEREAS, the Parties desire to further amend the Agreement to amend the scope of services, extend the term of services, and increase the compensation to the Consultant; and WHEREAS, the City and Consultant desire to enter into this Third Amendment.

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

1. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended by replacing Exhibit A of the Second Amendment with Exhibit A of this Third Amendment, attached hereto and incorporated herein by reference.

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to June 30, 2026.

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Nine Hundred Fifty-Four Thousand Dollars ($954,000), as set forth in Exhibit B of this Third Amendment. The total compensation under the Agreement, including this Amendment, shall not exceed a total contract amount of One Million Nine Hundred Seventy-Three Thousand Nine Hundred Fifty Dollars ($1,973,950). The first sentence shall now read:
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City hereby agrees to pay Consultant a sum not to exceed One Million Nine Hundred Seventy-Three Thousand Nine Hundred Fifty Dollars ($1,973,950), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

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

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

THE CITY OF UNION CITY GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

By By
Joan Malloy Jonathan Hartman
City Manager Principal
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
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EXHIBIT A

SCOPE OF SERVICES
PROJECT UNDERSTANDING:

The Union City Corporation Yard (Corp Yard) was constructed in 1999 on 7th Avenue at Chesapeake Drive. The Corporation Yard serves Public Works operations and Union City Transit operations as well as other uses including police evidence storage and storage for various City Hall departments. Current departments or groups that are permanently located at the Corp Yard include: Fleet, Grounds, Streets, Facilities, and Transit. Other City departments that use portions of the yard for storage include Police, Finance, Economic Development, Community & Recreation Services, Human Resources, and the City Manager’s Office.

The design of Quarry Lakes Parkway – Phase 1 along the southeast edge of the Corp Yard also realigns 7th Street and the existing Line M channel, encroaching into the existing Corp Yard area. This reduction of Corp Yard area is coupled with increased Corp Yard operations; therefore, there is a need to holistically improve existing operations, modify portions of the campus to better accommodate all of the demands currently placed on it, and also look to the future to create a design for the Corp Yard that can serve the City of Union City well into the future.

PROJECT SCOPE:

The Consultant’s Basic Services will provide conceptual design with optional services for construction documentation and construction administration services for the following scope of work:

Phase 0 – Transit Fleet Electrification Infrastructure:
• Design of Battery Electric Bus (BEB) infrastructure
o One (1) new dedicated PG&E electrical service and transformer o Two (2) step-down transformers
o One (1) main electrical meter section and switchboard o Two (2) electrical panels (one Level-3 for bus chargers, one Level-2 for demandresponse fleet chargers) o Nine (9) Level-3 BEB charging cabinets
o Eighteen (18) Level-3 BEB dispensers
o Nine (9) new fueling islands for the Level-3 dispensers with bollards o Expanded BEB concrete parking pad
o Expanded BEB drive aisle
o Paving striping
o Associated trenching and patching of existing pavement for new conduits and wire
• Design of related site improvements:
o Bioretention basins and stormwater management infrastructure o Site lighting in the BEB charging area
o Transformer and switchgear enclosure fence with access gates 380 of 510
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o Design study for 18 temporary parking stalls for Dumbarton Express Buses to remain on-site during BEB infrastructure construction, including estimate of probable construction costs
• Related consulting services:
o NEPA and CEQA compliance documentation for project scope o Estimates of probable construction costs
Phase 1 Category 1A – Site Security Wall Shift:
• Partially pave back yard
• Relocate Conex storage boxes
• New Transit Contractor modular building
• New public man gate entry and signage
• Reconfigured bus parking
Phase 1 Category 1B - Disaster Preparedness + Essential Upgrades:
• Improved and updated site lighting, security and safety (cameras, access control, yard public address (PA) system.
• Fiber Hub at Corporation Yard
• New hybrid CNG/Diesel Generator
Phase 1 Category 1C – Improve Operational Efficiency:
• Flood mitigation
• Additional material bunkers
• Partially pave back yard
• Relocate/replace tool sheds
• Canopy covered equipment parking
• New dump ramp
Phase 1 Category 1D – SB 1383 Compliance:
• Covered material bunkers
• Covered compost and green waste bunkers
• Covered material and storage piles
• Covered supply and equipment storage
• Dump ramp canopy
The Consultant’s Basic Services and fee assume that work up to 10% Design for Phase 0 and all Phase 1 Categories (1A-1D) will be performed. Subsequent tasks will be limited to developing design and bidding documents for the Phase 0 scope only. The relocation and redesign of the southern Corporation Yard fence will be performed by others and is outside of the scope of this contract, and the Phase 1 Category 1A scope is make-ready work to prepare the site for the southern security fence relocation project. Work beyond the new site fence line boundary is not part of the scope of this project.

CONSULTANT’S BASIC SERVICES: Basic Services includes the services described in this Section including subsections and subparagraphs.

1. PRELIMINARY DESIGN
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1A Task 1: 10% Conceptual Design for Phase 0 and Phase 1 Categories 1A, 1B, 1C, and 1D

1. The Design Team (G4, IMEG, MTC) shall:
a. Conduct Technical meetings with City staff and Design Team members to confirm and develop programmatic requirements for all Phase I items.

Anticipate separate meetings for:
i. Transit (G4, IMEG, MTC):
(i) Confirm program for Transit Modular Building.
(ii) Reconfigured bus parking.
(iii) BEB charging infrastructure layout.
ii. City IT, Security, and Public Works (G4, IMEG)
(i) Improved and updated site lighting, security and safety (cameras, access control, yard public address (PA) system).
(ii) Fiber Hub at Corporation Yard.
(iii) New hybrid CNG/Diesel Generator.
iii. Public Works (G4, MTC)
(i) New public man gate entry and signage.
(ii) Flood mitigation.
(iii) Additional material bunkers.
(iv) Canopy covered equipment parking.
(v) New dump ramp.
(vi) General canopy requirements for bunkers and other bulk item storage. b. Provide 10% Design Narrative, organized by Phase, Category (1A, 1B, 1C and 1D), and topic, with input from each relevant discipline (Architectural, Civil, Landscape, Structural, Mechanical, Plumbing, Electrical, Lighting, and LowVoltage) as required. c. Create annotated 10% Design site plan drawings and other sketches as necessary by marking up new scope items from all disciplines onto a simple site plan background generated from the civil site survey. The 10% Design site plans shall include, at a minimum, the following information (five sheets):
i. Composite plan showing full build out of Phase 0 and Phase 1 (completion of Phase 1 Categories 1A, 1B, 1C, and 1D = one sheet). ii. Separate, category-specific composite plans for each Phase 1 Category, showing the progression of work as each Category builds upon the previous one (one sheet for each Category = four sheets). iii. Civil site plan sheets showing location of buildings, parking, striping, clear delineation of the project limits, and preliminary stormwater treatment area. Landscape plan is excluded from this phase and contract.
d. G4, IMEG, and MTC shall conduct Integrated Design Workshop #1 to review refined site plan diagrams and technical requirements with City Stakeholders and Staff.

2. G4 shall:
a. Conduct a kick-off meeting with City staff for existing site conditions, access restrictions, safety/regulatory issues, and confirmation of the Master Plan Recommendations.
b. Perform Zoning Code Analysis.
c. Conduct technical meetings with Planning Department to review the zoning code analysis.
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3. MTC shall:
a. Prepare engineering reports for drainage and stormwater management plan and hydromodification (see Task 3).
b. Prepare a drone flight and topographic survey for the Corporation Yard. c. Prepare a supplemental topographic survey.

4. IMEG shall:
a. Prepare a simple single-line analysis of current conditions, energy bills, and programmatic demands for a new CNG/Diesel Hybrid Generator to substantiate the required size of the new generator on the campus’s existing electrical service feed.
b. Prepare a single-line diagram and concept layout for BEB charging infrastructure on a new dedicated PG&E service.

5. Mack5 shall:
a. Prepare a preliminary design cost estimate.

6. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) meetings with the City project management team (PMT). b. One (1) Technical Meeting with the Planning Department. c. Up to two (2) Stakeholder Workshops with City staff. d. Integrated Design Workshop #1 with City staff.

7. Deliverables:
a. 10% Conceptual Design Drawings
b. One PDF drawing for the drone flight and linework
c. Base mapping delivered in AutoCAD Civil 3D version 2018 d. Georeferenced Orthographic photo
e. Supplemental Topographic survey (up to 2 days)
f. Engineering Reports
g. Estimate of probable construction costs
h. Project schedule
i. Meeting agendas, exhibits and minutes
j. Grant application exhibits (October 2024)
1B Task 1A: NEPA and CEQA compliance documentation

1. Circlepoint shall:
a. Draft a Project Description and revise based on City input. b. Prepare draft NEPA Categorical Exemption (CE), Screen check NEPA CE, and Final NEPA CE.
c. Prepare a memorandum-style CEQA Categorical Exemption documentation. d. Attend up to four (4) meetings with the Project Management Team. e. Attend up to two (2) meetings with FTA and the City.

2. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) meetings with the Project Management Team. b. Up to two (2) meetings with FTA and the City.

3. Deliverables:
a. Project Description
b. Area of Potential Effects (APE) Map
c. Cultural Resources Survey Report (CRSR)
d. NEPA compliance documentation.
e. CEQA categorical exemption documentation.
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2. PHASE 0 CONSTRUCTION DOCUMENTS
2A Phase 0 35% Construction Documents and Switchgear Early Bid Package: Upon receipt of written Notice to Proceed by the City, the Consultant shall provide engineering design services for the Phase 0 BEB infrastructure identified in the Project Scope section above.

The Consultant shall develop 35% Construction Documents that include plans, outline specifications, and other documents that describe the character and scale of the project components, including the grant-funded BEB infrastructure and associated site work.

Installation of Level 2 Demand-Response fleet chargers will occur in a future phase and is not included in this scope of work.

1. Group 4 shall:
a. Conduct Integrated Design Workshop #2 to review the refined site plan diagram and review technical requirements.

2. G4 and IMEG shall:
a. Conduct Progress Meetings with Center for Transportation and the Environment (CTE) and the City throughout this task to ensure continued project team involvement in design decisions.
b. Participate in monthly coordination meetings with the City and the PG&E EV Fleet program manager.

3. G4, MTC and IMEG shall:
a. Prepare a preliminary site plan and components of each space to be altered based on input from City.
b. Update and refine design based on Stakeholder input. c. Attend one (1) coordination meeting regarding the PG&E transmission line easement.
d. Perform design study for providing 18 temporary parking stalls for Dumbarton Express Buses to remain on-site during BEB infrastructure construction, including estimate of probable construction costs.
e. Prepare 35% Construction Document level documents and coordination with design team.
f. Provide review and input on the 35% estimate of probable cost.

4. IMEG shall:
a. Update the single line diagrams, including for the BEB charging infrastructure. b. Develop early procurement package for switchgear, including drawings and specifications.

5. Mack 5 shall:
a. Prepare an estimate of probable construction cost and cost escalation to reflect the decisions made in this phase.

6. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to eight (8) progress meetings with the City and CTE. b. One (1) Stakeholder Workshop with City staff.
c. Three (3) Monthly coordination meetings with PG&E EV Fleet Program.

7. Deliverables:
a. 35% Construction Document Drawings including:
i. Civil Site Plan
ii. Drainage and Utility Plan
iii. Striping Plan
b. Outline Specifications
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c. Switchgear early procurement package
d. Estimate of probable construction costs
e. Project schedule
f. Meeting agendas, exhibits and minutes

8. City Responsibilities:
a. The City shall give written Notice to Proceed with Task 2A. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. City shall provide review and input into the Consultant’s 35% estimate of probable construction cost included in the 35% Construction Documents submittal.
d. The City shall provide coordinated written comments on the Consultant’s deliverables that establish and confirm design direction for Task 2A. 2B Phase 0 65% Construction Documents: Upon receipt of written Notice to Proceed by the City and City’s comments on the 35% Design package, the Consultant shall develop the 65% Construction Documents that include plans, elevations, and other documents that describe the character and scale of the project components.

1. G4 shall:
a. Prepare code analysis.

2. G4 and IMEG shall:
a. Conduct Progress Meetings with CTE and the City throughout this task to ensure continued project team involvement in design decisions. b. Participate in monthly coordination meetings with the City and PG&E EV Fleet program manager.

3. G4, MTC and IMEG shall:
a. Refine site plan and components of each space to be altered based on input from City.
b. Update and refine design based on Stakeholder input. c. Prepare 65% Construction Document level documents and coordination for subconsultant disciplines.
d. Conduct technical meetings with the Building Department and Fire Department to review code analysis.
e. Provide review and input on 65% estimate of probable cost.

4. MTC shall:
a. Prepare Typical Sections.

5. Parikh Consultants shall:
a. Prepare a preliminary pavement design and materials memorandum for the road and parking sections within the Corp Yard.

6. Mack 5 shall:
a. Prepare a 65% estimate of probable construction cost and cost escalation to reflect the decisions made in this phase.

7. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) progress meetings with the City and CTE. b. One (1) Stakeholder Workshop with City staff as required. c. One (1) Technical Meeting with Building Department and Fire Department. d. Up to One (1) Coordination meetings with PG&E regarding Transmission line easement.
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e. Two (2) Monthly coordination meetings with PG&E EV Fleet Program.

8. Deliverables:
a. 65% Construction Document Drawings and Specifications:
i. Cover Sheet
ii. Typical Sections (2 sheets)
iii. Survey Control Diagram
iv. Demolition Plan
v. Civil Site Plan
vi. Grading Plan
vii. Construction Details (3 sheets)
viii. Drainage and Utility Plan (2 sheets)
ix. Drainage and Utility Profiles (2 sheets)
x. Drainage and Utility Details (4 sheets)
xi. Erosion Control Plan and Details (2 sheets)
xii. Striping Plan
xiii. Landscape plans and details
xiv. Electrical plans and details
xv. Lighting plans and details
xvi. Technology/Data plans and details
b. 65% estimate of probable construction costs.
c. Preliminary pavement design and materials memorandum. d. Updated project schedule.
e. Meeting agendas, exhibits and minutes.

9. City Responsibilities:
a. The City shall give written Notice to Proceed with Task 2B. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. City shall provide review and input into the Consultant’s 65% estimate of probable construction cost included in the 65% Construction Documents submittal.
d. The City shall provide coordinated written comments on the Consultant’s deliverables that establish and confirm design direction for Task 2C. 2C Phase 0 Construction Documents (90% CD/Plan Check Submission): Upon receipt of written Notice to Proceed by the City and City’s comments on the 65% Construction Document package, the Consultant shall develop the 90% Construction Documents.

1. G4 shall:
a. Conduct Progress Meetings throughout this phase to ensure continued project team involvement in design decisions.

2. G4 and IMEG shall:
a. Conduct Progress Meetings with CTE and the City throughout this task to ensure continued project team involvement in design decisions. b. Participate in monthly coordination meetings with the City and PG&E EV Fleet program manager.

3. G4, MTC and IMEG shall:
a. Refine site plan and components of each space to be altered based on input from City.
b. Update and refine design based on Stakeholder input. 386 of 510
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c. Provide review and input on 90% estimate of probable cost.

4. IMEG shall:
a. Perform Title 24 Calculations as required and prepare Compliance Documents.

5. Mack 5 shall:
a. Prepare a 90% estimate of probable construction cost and cost escalation to reflect the decisions made in this phase.

6. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to four (4) progress meetings with the City and CTE. b. One (1) Technical Meeting with Building Department and Fire Department. c. Two (2) Monthly coordination meetings with PG&E EV Fleet Program. d. Two (2) Monthly coordination meetings with PG&E for QLP Coordination.

7. Deliverables:
a. 90% Construction Documents Set for City review and Plan Check. b. 90% Construction Documents estimate of probable construction cost. c. Meeting agendas, exhibits and minutes.

8. City Responsibilities
a. The City shall give written Notice to Proceed with Task 2C. b. The City shall give the Consultant direction on design decisions as the project progresses through this Phase.
c. The City shall provide Division 0 with bidding, contract forms, and conditions of the construction contract and Division 1 of the Technical Specifications. d. The City shall pay all permit and utility connection fees associated with the project and shall shepherd applications.
e. The City shall provide coordinated written comments on the Consultant’s deliverables.
2D Phase 0 100% Construction Documents/Back Check/Bid Set: Upon receipt of written Notice to Proceed by the City and Plan Check comments on the 90% Construction Document package, the Consultant shall develop the 100% Construction Documents Back Check and Bid Set.

1. G4, MTC, and IMEG shall:
a. Coordinate, upon receipt of the 90% Construction Documents/Plan Check comments, corrections, and meetings necessary to facilitate resolution of outstanding items required for plan check approval.
b. Prepare the Back Check/Bid Set submittal for the City’s review and approval.

2. Meetings (all meetings shall be via web conference unless otherwise specified):
a. Up to two (2) meetings with the City project management team (PMT). b. One (1) technical meeting with Plan Check Reviewers. c. One (1) Monthly coordination meetings with PG&E for QLP Coordination.

3. Deliverables:
a. 100% Construction Documents/Bid/Back Check Set.
b. Meeting agendas, exhibits and minutes.

4. City Responsibilities
a. The City shall give written Notice to Proceed with Task 2D. b. The City shall give the Consultant direction on design decisions as the project progresses through this Task.
c. The City shall provide Division 0 with bidding, contract forms, and conditions of the construction contract and Division 1 of the Technical Specifications. 387 of 510
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d. The City shall pay all permit and utility connection fees associated with the project and shall shepherd applications.
e. The City shall provide coordinated written comments on the Consultant’s deliverables.
2E Phase 0 Bidding and Award:

1. G4, MTC and IMEG shall:
a. Provide assistance with responses to bidders' inquiries as necessary; prepare addenda; attend one (1) pre-bid conference; and assist in the City’s evaluation of bids.
b. After bid completion, prepare an electronic version of the Permit Set/Conform set (revised with all bid addenda, City reviews and plan check comments) for the City’s use.

2. Meetings:
a. One (1) pre-bid conference.
b. One (1) Monthly coordination meetings with PG&E for QLP Coordination.

3. Deliverables:
a. Permit Set/Conform Set (including bid addenda).

4. City Responsibilities:
a. Prequalification of bidders, or evaluation of bidders such as reference checks if desired.
b. Advertisement of bid; printing of bid sets.
c. Collection and review of bids.
d. Contract award.

3. ENGINEERING REPORTS
3A MTC shall prepare engineering reports for drainage and stormwater management plan and hydromodification, see Task 1.

4. OPTIONAL SERVICES. The following Optional Services are not included in the scope of Basic Services and is an optional service available to the City upon written direction, following the completion of Task 2.
4A Design support during Phase 0 construction

5. ADDITIONAL SERVICES. The following services are not included in the Consultant’s Scope of Basic Services and shall be provided if requested by the City. The Consultant shall be compensated for Additional Services in addition to compensation for Basic Services and Reimbursable Expenses.
5A Additional meetings beyond those identified in “Consultant’s Basic Services.” 5B Technical/engineering studies, such as building seismic analysis, environmental studies, traffic studies, geotechnical assessment, etc.
5C 2D or 3D scale models; computer animation (e.g., building fly-throughs). 5D Detailed analysis or engineering analysis of existing facilities. 5E Services of Subconsultants to the Consultant other than those included in Basic Services or Optional Services.
5F Providing services to verify the accuracy of drawings or other information furnished by the City.
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5H Providing cost estimates beyond what is included in Basic Services. 5I Preparation of communication, marketing, and fundraising materials including PowerPoint, flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content other than those included in Basic Services. 5J Providing services for preparing measured drawings of existing building conditions. 5K Additional architectural images other than those included in Basic Services. 5L Making revisions in drawings, or documents when such revisions are:

1. Inconsistent with directions or instructions previously given by the City.

2. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents.

3. Due to changes required as a result of the City’s failure to render decisions in a timely manner.
5M Providing services required due to significant Project scope changes, including but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 5N Work required to correct non-conforming work of Contractor. 5O Site Surveys, including on-site features, subsurface features, topography, boundary, survey, etc. other than those included in Basic Services or Optional Services. 5P Testing and/or evaluation of any off-site utilities
5Q Hazardous material assessments or documentation of any removal or abatement if required.
5R Preparation, attendance and follow-up for meetings or presentations that are in addition to those that are specified and budgeted in basic services or optional services. 5S Preparation of LEED analyses, LEED credit evaluation and identification of probable construction costs and design fees associated with a LEED certification by the USGBC if desired by the City.
5T LEED services include LEED project management services, preparation of LEED documentation, Design Phase LEED submission to USGBC, LEED-based reviews during Construction phase services, Construction Phase LEED submission, and other related services.
5U Any other service not included in Basic Services or Optional Services.

SCHEDULE
The above services shall be provided during a period anticipated to occur beginning June 2024.

Specific task milestones are as follows with separate NTP given by the City for each task:

Task Task Title Anticipated Completion Date
Task 1: 10% Design 3 months from NTP of Task 1
Task 1A: NEPA + CEQA CE Concurrent with Task 2
Task 2A: 35% Construction Documents 2 months from NTP of Task 2A Task 2B: 65% Construction Documents 2 months from NTP of Task 2B Task 2C: 90% Construction Documents 2 months from NTP of Task 2C Task 2D: 100% Construction Documents 1 month after receipt of City comments on the 90%
construction documents
Task 2E: Bidding and Award 2 months from Release of Bids Task 3: Engineering Reports Concurrent with Task 1 + 2
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DELIVERABLES
• PDF and CAD files, as detailed in Tasks outlined above. No hardcopies will be provided.

ASSUMPTIONS
• Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay.
• Existing base building systems are code compliant.
• Where existing systems are to be revised and reused, pre-testing documentation of system capabilities in the area of work will be provided to IMEG, as determined necessary and requested. The pre-testing information required may include electrical system loads. If such information is not available, or if the systems have not been documented within the last two years, IMEG will assist the Owner in developing a scope of work that can be provided to a testing firm, who will complete the documentation of the systems. The cost of the testing firm and its documentation of the systems is not included in IMEG’s fee. • Identification, testing, and/or removal of hazardous materials will be by others. • The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required.
• Deliverables will be provided in electronic PDF format and/or AutoCAD, as required.

Hard copy printing will be treated as a reimbursable expense. • City will coordinate and schedule Consultant site visits and direct the Consultant to participate as noted above.
• Consultant will not be performing exhaustive reviews or detailed inspections of in-place conditions.
• Work that is hidden from view will not be uncovered for the purposes of verification. • City will self-permit.

EXCLUSIONS
Services not listed above.

TENTATIVE SCHEDULE – MILESTONE DATES
PRELIMINARY DESIGN (PHASE 0 + PHASE 1 CATEGORIES 1A, 1B, 1C AND 1D) 390 of 510
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1) Kick Off Meeting September 2024
2) Submit Draft 10% Plans for Review November 2024
3) Submit Final 10% Plans for Review TBD pending QLP project FINAL DESIGN, UC Transit Fleet Electrification
1) Submit 35% Documents December 2024
2) Submit 65% Documents February 3, 2025
3) Submit 90% Documents April 25, 2025
4) Submit 100% Documents/ Bid Set 1 Month after receipt of comments
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EXHIBIT B

COST PROPOSAL
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RESOLUTION NO. 2025-XXX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., IN THE AMOUNT OF $954,000, FOR A TOTAL CONTRACT AMOUNT OF
$1,973,950, FOR THE UNION CITY TRANSIT FLEET ELECTRIFICATION PROJECT, CITY PROJECT NO. 22-11, WHICH IS INCLUDED IN THE

CORPORATION YARD MASTER PLAN
WHEREAS, on December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies. In accordance with this regulation, Union City Transit is required to have twenty-five percent (25%) of its fixedroute bus procurements to be zero-emission by 2026; and WHEREAS, on February 25, 2020, the City Council adopted Resolution No. 5568- 20 to support the effort in securing additional funding opportunities by making the commitment to convert the Union City Transit fixed-route fleet to zero-emission vehicles; and
WHEREAS, on March 22, 2022, the City Council adopted Resolution No. 5906- 22, accepting the Low-Carbon Transit Operations Project (LCTOP), Electric Vehicle Charging Infrastructure for Union City Transit Fleet, in the amount of $215,572; and WHEREAS, on January 10, 2023, the City Council adopted Resolution No. 6067- 23, authorizing the purchase of fourteen (14) fixed-route BEBs to replace the fourteen (14) CNG fixed-route buses that have reached the end of their twelve (12) year useful lives; and
WHEREAS, the Union City Transit BEBs on order are scheduled to enter production in early October 2025 with all vehicles delivered by the end of December 2025; and
WHEREAS, on September 8, 2023, the City entered into a Consulting Services Agreement with Group 4 Architecture in the amount of $74,950 to assist Public Works in the development of the Corporation Yard Master Plan, City Project No. 23-26; and WHEREAS, on August 13, 2024, the City Council adopted Resolution No. 6353- 24, approving the First Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4), to update the Corporation Yard Master Plan, Phase 1: Near-Term Improvements, to include the reconfiguration of the bus parking and the design of the BEB infrastructure; and
WHEREAS, on October 22, 2024, the City Council adopted Resolution No. 6378- 24, authorizing the filing of an application requesting $4,138,500 for the Union City Transit Fleet Electrification Project, City Project No. 22-11, in the Alameda CTC’s 2026 CIP grant application process; and 394 of 510
Resolution 2025-XXX
Approve Third Amendment to CSA with Group 4 Architecture, Research + Planning, Inc.

WHEREAS, on January 1, 2025, the City entered into the Second Amendment to the Consulting Services Agreement with Group 4 to incorporate the corporation yard preliminary and final design of the Union City Transit Fleet Electrification Project, City Project No. 22-11; and
WHEREAS, on May 22, 2025, the Alameda CTC notified the City that they approved an award of $1,500,000 to the Union City Transit Fleet Electrification Project, City Project No. 22-11; and
WHEREAS, the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the amount of $954,000, if approved, will provide the preliminary and final design of the Transit fleet electrification infrastructure and optional construction support, including all Battery Electric Bus (BEB) infrastructure and related site improvements in support of the new infrastructure, for the Union City Transit Fleet Electrification Project, City Project No. 22-11; and WHEREAS, the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., in the amount of $954,000, will be funded with Public Improvements Fund monies (Account Number 41692211-57115), bringing the total contract amount to $1,973,950.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Third Amendment to the Consulting Services Agreement with Group 4 Architecture, Research + Planning, Inc., increasing the compensation by $954,000, bringing the total contract amount to $1,973,950, for the Corporation Yard Preliminary and Final Design of the Union City Transit Fleet Electrification Project, City Project No. 22-11. 395 of 510
Resolution 2025-XXX
Approve Third Amendment to CSA with Group 4 Architecture, Research + Planning, Inc.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12
th day of August 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
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Agenda Item
DATE: 8/12/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT ARESOLUTION APPROVING THE COMMUNITY WORKFORCE AGREEMENT WITH THE

BUILDINGAND CONSTRUCTION TRADES COUNCIL OF ALAMEDACOUNTYAND THOSE SIGNATORY

LOCAL UNIONS

EXECUTIVE SUMMARY
Staff began working with the Building and Construction Trades Council of Alameda County (the “BTC”) in late 2024 on terms for a potential Community Workforce Agreement (“CWA”) and completed a draft this summer. Staff presented the draft CWA to the Legislation and Policy Committee (the “Committee”) for review on July 21, 2025.

Following review, the Committee recommended that staff present the CWA to the City Council for consideration with a recommendation for approval.

Staff recommend that the City Council consider the CWA and, if the City Council agrees with the Committee’s recommendation, adopt the proposed resolution.

STRATEGIC PLAN ALIGNMENT
This agenda item is not directly related to the City Council Strategic Plan.

BACKGROUND
CWAs are binding, pre-hire agreements requiring the use of organized labor on qualifying public works projects. CWAs can be structured to apply to a broad class of public works projects and include provisions, such as local hire, designated to benefit the community. CWAs also typically include labor-peace provisions that prohibit strikes, work slowdowns, stoppages, and lockouts.

Since late 2024, the BTC and City have been engaged on a potential CWA for qualifying capital projects. After extension discussion and negotiations, staff presented a draft CWA to the Committee on July 21, 2025. The Committee reviewed the CWA and recommended that staff present the CWA to the City Council for consideration with a recommendation for approval.

DISCUSSION
The proposed CWA is attached to the resolution for Council consideration. Below is a summary of the significant provisions of the CWA:

1. Term (18.2): The City and the BTC negotiated a term of five years for the CWA. At the end of the term, the CWA will automatically renew for successive one-year periods, which will end on March 7, 2027.

2. Applicable projects (1.17): The CWA applies to City projects where the engineer’s estimate of the total cost of the project or the cumulative bid amount(s) submitted by the contractor(s) award Construction Contracts for the Project meets or exceeds $1,000,000.

The CWA will apply to all applicable Construction Contracts after the effective date of the CWA. 397 of 510

3. Exclusions (2.4): The CWA include a number of exceptions. These include construction contracts awarded by entities other than the City as well as work performed by the City's own employees and certain qualifying work that occurs during an emergency.

Notably, the CWA excludes construction contracts substantially funded by any federal, state, local, or other public agency that prohibits the application of this Agreement; however, the City agrees to meet and confer with the BTC to determine if the CWA can remain in place where a specific provision is prohibited by the funding source without application of that specific provision. The determination as to whether to the CWA can remain in place is in the sole determination of the City.

4. Labor Disputes (4.1 and 4.2): The CWA provides that there shall be no strikes, sympathy strikes, work stoppages, picketing, hand-billing, or other specified labor disputes by the Unions or employees employed on a CWA covered project. The CWA includes an expedited arbitration provision in the event of a labor dispute in violation of the CWA with liquidated damages of $10,000 per missed shift.

5. Joint-Administrative Committee (5.4): The City and the BTC will establish a Joint Administrative Committee comprised of an equal number of representatives from the City and the BTC to ensure the terms of the CWA are being fulfilled and to address concerns regarding the operation of the CWA.

6. Referral Timeliness (8.6): A Union Hiring Hall must fill a requested position within a 48-hour period. Failure to do so permits the contractor to obtain the worker from any source.

7. Local Hires (10.1): Local Residents are those individuals that reside within the City of Union City. The Local Hire Goal is a minimum of 25% of all hours worked on the project to be worked by Local Residents and other local areas at varying priority levels as outlined below:
a. Priority 1: Residents of the City of Union City
b. Priority 2: Residents of the Cities of Fremont, Newark, and Hayward c. Priority 3: Residents of Alameda County
d. Priority 4: All other areas

8. Apprenticeships (10.2): Contractors must hire one new apprentice for the first $1,000,000 determined by the engineer's estimate and one new apprentice for every $5,000,000. Apprentices must work a minimum of 10% of the total craft's work hours and may be deployed to another project to ensure the minimum number of hours are met. New Apprentices are "Local Residents" who are being sponsored into or has been enrolled in a State-Approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years.

9. Community Partnerships (10.3): The CWA provides the City and the BTC, in partnership with the Construction Trades Workforce Initiative and in conjunction with other interested community-based organizations, will work together in good faith to identify and develop an initiative, or multiple initiatives, to connect residents of the region with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals.

If the City Council adopts the Resolution, the CWA would take effect beginning January 1, 2026. This ensures sufficient time for staff to obtain the necessary consulting services and implement the terms of the CWA.

FISCAL IMPACT
The City will incur actual and administrative costs with implementing the proposed CWA. The City does not have the staff expertise to manage the CWA and thus will require contractor services which have been included in the City’s budget.

RECOMMENDATION
Staff recommend that the City Council consider the CWA and, if the City Council agrees with the Committee’s recommendation, adopt the proposed resolution.

Prepared by:

Kristopher J. Kokotaylo, CityAttorney
Submitted by:

Kristopher J. Kokotaylo, CityAttorney
ATTACHMENTS:
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Description Type
Draft Resolution Resolution
CWA Resolution ExhibitA Exhibit
Public Comment - Israel C.Avila Attachment
REVIEWERS:

Department Reviewer Action Date
CityAttorney Kokotaylo, Kris Approved 8/7/2025 - 10:17 PM City Manager’s Department Malloy , Joan Approved 8/8/2025 - 4:36AM 399 of 510
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING THE COMMUNITY WORKFORCE AGREEMENT WITH

THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF

ALAMEDA COUNTY AND THOSE SIGNATORY LOCAL UNIONS
WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and WHEREAS, the timely and successful completion of the City's construction projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and recognizes the capacity of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the City and the Building Trades Council of Alameda County have negotiated a Community Workforce Agreement (CWA), attached as Exhibit A to this Resolution; and
WHEREAS, the purpose of the CWA is to promote the efficiency of construction operations for the City through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of City public works projects, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and pre-apprenticeship, and community partnership programs for residents of the region.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Council hereby approves and authorizes the City Manager to execute the Community Workforce Agreement, in a form approved by the City Attorney, attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary and appropriate to effectuate the intent of this Resolution. 400 of 510
Resolution No. 2025-XXX
Workforce Agreement with Building and Constructions Trades Council

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of August 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 – Community Workforce Agreement
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CITY OF UNION CITY

COMMUNITY WORKFORCE AGREEMENT
Between

THE CITY OF UNION CITY
and

THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY

AND THOSE SIGNATORY LOCAL UNIONS
EFFECTIVE as of ___________________
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INTRODUCTION/FINDINGS
This Community Workforce Agreement (the “Agreement”) is entered into this 1st day of January, 2026 (“the Effective Date”), by and between the City of Union City (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (hereinafter the “Contractor(s)/Employer(s)”), and the Building and Construction Trades Council of Alameda County (hereinafter the “Council”) and those local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).

PURPOSE
The purpose of this Agreement is to promote the efficiency of construction operations for the City of Union City through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and preapprenticeship, and community partnership programs for residents of the Local Area hereinafter defined.

RECITALS
WHEREAS, the timely and successful completion of the City’s construction projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to the Agreement; and
WHEREAS, the Contractor/Employers and the Union(s) and the City of Union City wish to ensure labor peace at the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process, where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to collective bargaining agreements are supervising employees; and, WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
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WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and
WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use, enter into, or require contractors to enter into, project labor agreements for construction projects, provided the agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this Agreement; and
WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the City of Union City has the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Projects.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS:
1 DEFINITIONS

1.1 “Agreement” means this Community Workforce Agreement.

1.2 “Agreement to be Bound” means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.

1.3 “City” means the City of Union City.

1.4 “Completion” means that point at which there is Final Acceptance and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

1.5 “Construction Contract” means all contract(s) under which construction is performed for a Project, including those contracts let pursuant to California Public Contract Code Section 22030 et seq., design-build contracts or other contracts for Public Projects as that term is defined in the Uniform Public Construction Cost Accounting Act.

1.6 “Contractor(s)/Employer(s)” or “Contractor(s)” or “Employer(s)” means any individual, firm, partnership or corporation (including a prime contractor, general contractor, construction manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of 404 of 510
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the Project, under contract terms and conditions that are approved by the City, and all contractors and subcontractors of any tier.

1.7 “Core Worker” is a person that a Contractor/Employer can demonstrate meets all of the following qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least ninety (90) of the last one hundred and eighty (180) working days prior to award of a Construction Contract; (b) possesses all licenses and certifications required by applicable state and federal law for the work being performed; (c) has the ability to safely perform the basic functions of the applicable trade as required by law; (d) has worked at least one thousand (1,000) hours in the applicable craft or trade; and (e) is a Local Resident.

1.8 “Council” means the Building and Construction Trades Council of Alameda County.

1.9 “Effective Date” means January 1, 2026.

1.10 “Final Acceptance” means that point in time at which the City has finally determined that the work pursuant to a Construction Contract has been completed.

1.11 “Local Area” means the City of Union City.

1.12 “Local Resident” means a person permanently residing in the Local Area, as demonstrated by proof of residency that is not a post office box.

1.13 “Master Agreement” means the Master Collective Bargaining Agreement of each craft Union signatory hereto.

1.14 “New Apprentice” means a Local Resident who is being sponsored into or has been enrolled in a state-approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years.

1.15 “Operative Date” means the Effective Date).

1.16 “Operative Term” means the period of time that begins on the Operative Date and continues until the end of the Term.

1.17 “Project” means (i) all City projects where the engineer’s estimate of the total cost of the project, or the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for the Project, meets or exceeds one million dollars ($1,000,000). All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein. Projects shall not be divided or split into separate contracts for the purpose of evading coverage under this Agreement.

1.18 “Project Manager” means the person(s) or entity(ies) designated by the City to oversee the Projects and the implementation of this Agreement.
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1.19 “Schedule A” has the same meaning as Master Agreement.

1.20 “Sole Operator” means a licensed contractor with no employees and exempted by the Contractor’s State License Board from the requirement to carry worker’s compensation insurance, pursuant to California Business and Professions Code section 7125.

1.21 “Term” means the period of time consisting of the “Operative Term” and any “Extended Term(s)” as those phrases are defined in Section 18.2.

1.22 “Union” or “Unions” means the Building and Construction Trades Council of Alameda County and the labor organizations identified on the attached Union Signatures page that become signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement..

1.23 “Veteran” means a person who served in the United States military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable, which is the same meaning set out in 38 U.S.C. § 101(2).
2 SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions.

2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts awarded on a Project as defined. This Agreement shall no longer apply after Completion, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract, when a Contractor performs work under a change order for a Construction Contract, and when start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project are performed pursuant to a Construction Contract.

2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary and permanent HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start up, installation of modular furniture, and final clean up. On-site work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.

2.3.1 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication for the Project defined 406 of 510
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herein, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).

2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall in no case be considered subcontracting. However, construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process, as well as the offhauling of soil, sand, gravel, rocks, concrete, asphalt, excavation material, construction debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

2.3.3 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of a manufacturer or vendor where necessary to protect a manufacturer’s warranty provided the manufacturer or vendor can demonstrate that the work cannot be performed by construction persons employed under this Agreement.

2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of various National Agreements as follows: the National Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement shall apply to such work.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement.

2.4.1 Construction Contracts awarded by entities other than the City.

2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the City’s buildings or facilities, except in those circumstances where the Project satisfies the requirements set forth in Section 1.17 (“Projects”).

2.4.3 Work performed by the City’s own employees as permitted by the California Public Contract Code.

2.4.4 Contractor/Employer’s non-construction craft employees such as executives, managerial employees, engineering employees, design employees, supervisors above the level of 407 of 510
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general foreman (unless covered by a Master Agreement), and office, clerical, and administrative personnel that are not performing construction work on the project.

2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this Agreement that is undertaken by state, county, or other governmental bodies or their contractors; or by public or private utilities or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work.

2.4.7 Construction Contracts for emergency work performed without formal notice of a competitive solicitation for bids, as expressly permitted by Public Contract Code section 20303, provided the requirements therein are satisfied, unless the emergency work is for a Project or the City orders the emergency work to be subject to a competitive solicitation for bids. Notwithstanding this provision, the City and the Council may agree that this Agreement shall apply to emergency work on a case-by-case basis.

2.4.8 Construction Contracts substantially funded by any federal, state, local or other public agency that prohibits the application of this Agreement. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then the Council and City shall meet and confer, after which the City may elect to modify or remove such specific provision of the Agreement for the Construction Contract at issue to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible. The determination as to whether the Agreement can remain in place for the Construction Contract at issue without applying the specific prohibited provision shall be solely and ultimately made by the City.

2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement, pursuant to California Public Contract Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the Agreement to be Bound. This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance. In the event that a Construction Contract extends beyond the Operative Term or any Extended Term, the terms of this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the contrary in this Agreement.

2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time; however, if such a Construction Contract or portion of a Construction Contract is 408 of 510
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later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect of the ongoing Project’s work on the businesses and residents in the neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the City’s facilities and to remain a good neighbor to the residents and businesses in the area of the Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section. For the avoidance of doubt, in the event of any such scheduling modifications, the terms of the applicable Master Agreement shall apply. 3 EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.

3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply.

3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement. 409 of 510
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3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement.

This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation.

3.7 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.8 The Unions agree that this agreement does not have the effect of creating any joint employment status between or among the City and/or any contractor or subcontractor. 4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on the Projects may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.

4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Projects and/or failure of the parties to that agreement to reach a new contract. If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike or withhold labor from the Contractor(s) on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an interim agreement that will apply until a new Master Agreement is reached, the employees shall work under the terms of the interim agreement until a new or modified Master Agreement is reached between the Union(s) and Contractors(s). If the new or 410 of 510
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modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.

4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the provisions of this Agreement. The term “lockout” does not refer to the discharge, termination or layoff of employees by the Contractor(s) for any reasons in the exercise of its rights as set forth in any provision of this Agreement, nor does “lockout” include the City’s decision to terminate or suspend work on the site or any portion thereof for any reason.

4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4.1.6 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. 411 of 510
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4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance.

4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all steps necessary to immediately cease such activities and return to work. If the breaching party involved does not cease such activities by the beginning of the next regularly scheduled shift following the expiration of the eight (8) hour period after the arbitrator’s issuance of the decisions, then the breaching party shall pay the sum of ten thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining compliance with this obligation and determining the amount of liquidated damages, if any; but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision.

4.2.6 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.

4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.
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4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 5 PRE-JOB CONFERENCES

5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and time agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least ten (10) working days prior to the commencement of any Project work, or the commencement of any Project work under a subsequently awarded Construction Contract.

5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City or their designee may attend at their discretion.

5.3 The pre-job conference shall include but not be limited to the following subjects:

5.3.1 A listing of each Contractor’s scope of work

5.3.2 The craft assignments;

5.3.3 The estimated number of craft workers required to perform the work

5.3.4 Transportation arrangements;

5.3.5 The estimated start and completion dates of the work;

5.3.6 Discussion of pre-fabricated materials; and

5.3.7 Discussion of any work to be done by a manufacturer per section 2.3.3.

5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee (“JAC”) as set forth in Article 12 of this Agreement. The JAC shall meet to assess the implementation of this Agreement, review the progress of Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the JAC. 6 NO DISCRIMINATION

6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground or because of race, color, creed, national origin, ancestry, age, sec, sexual orientation, gender identity, disability or any other basis made illegal by federal, state, and local law against any person, or applicant for employment on the Projects.
7 UNION REPRESENTATION
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7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.

7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non-Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the independent requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project. 8 REFERRAL AND CORE WORKERS

8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a non-discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those that require equal employment opportunities and prohibit discrimination

8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement, shall have the right to reject any applicant referred by the Union(s), to the extent permitted under the terms of the applicable Master Agreement.

8.3 Sole Operators. A Sole Operator self-performing work on a covered Project must abide by the applicable Master Agreement, and must obtain a dispatch from the Union hiring hall if required. If the Sole Operator hires an employee(s), the employee(s) must be dispatched in conformance with this Agreement. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements.

8.4 Core Workers

8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core Workers. The Union will first refer to such Contractor one (1) worker from the applicable hiring hall, and then will refer one (1) of the Contractor’s Core Workers. This alternating procedure shall repeat until such Contractor/Employer has hired a maximum of five (5) Core Workers. Thereafter, all additional employees shall be hired exclusively from the applicable hiring hall out-of-work list. For the duration of the Contractor’s work, this ratio shall be maintained and when the Contractor's workforce is reduced, employees shall be reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as was applied in the initial hiring. This Section applies only to employers not signatory to a Master Agreement and is not intended to limit the transfer provisions of the Master 414 of 510
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Agreement of any trade. As part of this process, and in order to facilitate contract administration procedures and the appropriate fringe benefit fund coverage, all Contractors shall require their Core Workers to register with the appropriate Union hiring hall and be dispatched to the Project prior to starting work.

8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll records, quarterly tax records, or similar documentation) evidencing the worker’s qualification as a Core Worker to the City and the Council.

8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract.

8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman they consider necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project. 9 WAGES AND BENEFITS

9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).

9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.

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Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program.
10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT

10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use resources in the Local Area in construction of the Project. It is the objective of the parties that not less than twenty-five percent (25%) of all hours worked on the Project will be worked by residents of the Local Area and the local communities described in the priority tiers below. The Unions will exert their utmost efforts to recruit sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the Contractor(s)/Employer(s).

To the greatest extent allowed by law, and to the greatest extent consistent with the Unions’ hiring hall provisions, and as long as they possess the requisite skills and qualifications, the Unions agree that residents of the Local Area shall be first referred for Project work, including journey-level workers and apprentices covered by this Agreement. While the objective is to utilize as many workers from the Local Area as possible, the parties recognize that it may not always be practicable.

The parties therefore agree that the dispatch and employment of workers shall be in the following priority:

Priority 1: Residents of the City of Union City
Priority 2: Residents of the Cities of Fremont, Newark, and Hayward Priority 3: Residents of Alameda County
Priority 4: All other areas

10.2 Apprenticeship and Workforce Development:

10.2.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.
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10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6, Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million ($1,000,000) dollars as determined by the engineer’s estimate. Thereafter, Contractor(s) will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000) determined by the engineer’s estimate. The New Apprentice(s) must work a minimum of 10% of the total craft’s work hours. The intent of this provision is to utilize New Apprentices to the fullest extent permissible by state law and the Master Agreements.

10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the City of Union City project. Certified Payroll must reflect the hours worked. The Contractor must fully document efforts to hire a New Apprentice, through the following steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for the applicable craft or trade for referral of Local Residents.

10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided said crafts have apprenticeship openings and the general contractor will be able to include New Apprentices hired by their subcontractor to meet this requirement. The Unions will agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in the Master Agreements and/or the Union agreements with the Division of Apprenticeship Standards, and the apprentices shall be properly supervised and paid in accordance with provisions contained within the Master Agreements. The Unions and Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to ensure Local Residents have the opportunity to apply for and enter into the apprenticeship programs.

10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job will be subject to corrective action and, if not corrected, monetary penalties, as determined by the Joint Administrative Committee as identified in Article 12.

10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified Weekly Payrolls to the City along with monthly workforce utilization reports documenting the Contractor’s compliance with the requirements described in this Article 10. At a minimum the monthly reports must include 1) data on Local Residents work hour utilization on a craft by craft basis, 2) number of New Apprentices hired and the hours they have worked, 3) documentation showing any requests made to the Union dispatchers for Local Residents and the Union’s response to the request. Enforcement of this article shall be according to the Grievance and Arbitration procedure outlined in Article 13.

10.3 Community Workforce Partnerships. The parties recognize the need to build within the region a pipeline to careers in the construction industry. Such effort would serve the parties’ mutual goals of providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in conjunction with other interested community-based organizations, to identify and develop an initiative or multiple initiatives to connect residents of the region with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals. 417 of 510
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10.4 Helmets to Hardhats.

10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. 11 COMPLIANCE

11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City or its designee shall comply with its obligations thereunder as well as this Agreement. 12 JOINT ADMINISTRATIVE COMMITTEE

12.1 There is hereby established a four (4) person Joint Administrative Committee (“JAC”). The JAC shall be comprised of two (2) representatives selected by the City and two (2) representatives selected by the Council. The City and the Council shall designate alternates who may serve in the absence of the designated representatives for any purpose. The JAC shall meet quarterly, or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review the implementation of the Agreement, review progress of the Projects, and resolve concerns or issues relating to the administration of the Agreement; however, the JAC may not change, amend, add to or detract from any of the provisions of the Agreement. The Project Manager shall convene and facilitate the quarterly meetings and any other meetings as requested.

12.2 The City and Council representatives shall report on Project progress and provide ongoing workforce projections to facilitate efficient construction and compliance with the Local Hire goal.

12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by unanimous vote, with such resolutions to be final and binding on all signatories to the Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance of an award by the JAC, and in the absence of any party to the grievance, the hearing may proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred in accordance with Step 3 of Article 13.
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12.4 In the event the City has received no bids for a Project, the City may convene a meeting of the JAC to discuss the bidding requirements, the pool of available contractors for the work, and whether this Agreement had an impact on bidding outcomes. Upon mutual agreement, the JAC may determine that application of this Agreement should be waived for the Project in question.

12.5 The City or the Council may, at any time, request an emergency meeting of the JAC to address and resolve concerns or issues relating to the administration of this Agreement. Upon a request for an emergency meeting, the JAC shall convene within three (3) business days. 13 GRIEVANCE ARBITRATION PROCEDURE

13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article 4 and Article 14, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.

13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

13.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Joint Administrative Committee for final and binding decision by majority vote, as set forth in Article 12. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.
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Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article 4, or if not available, the alternate arbitrator designated in Article 4, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Carol Vendrillo

3. Morris Davis

13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement.

The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.

13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

14.1 The assignment of Covered Work will be solely the responsibility of the Contractor(s)/Employer(s) performing the work involved; and such work assignments will be in 420 of 510
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accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor(s)/Employer(s) and Unions parties to this Agreement.

14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work.

The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together. 15 MANAGEMENT RIGHTS

15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. 16 DRUG AND ALCOHOL TESTING

16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or vaping products on City property is prohibited.

16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.
17 SAVINGS CLAUSE

17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, 421 of 510
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by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article

4. 18 TERM

18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.

18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes to the Agreement and/or whether the agreement should be extended for an additional period or periods of time (an “Extended Term(s)”). Absent changes or termination, the Agreement shall automatically continue for successive one (1) year Extended Terms. Notice of termination shall be provided via e-mail, personal service or regular mail, at least 30 days prior to the end of the Operative Term or Extended Term, as applicable.
19 MISCELLANEOUS PROVISIONS

19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original.

Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures. The Parties agree that the Agreement may be executed using electronic signatures so long as they are valid and enforceable under California law.

19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions 422 of 510
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of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW]
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CITY: COUNCIL:

CITY OF UNION CITY, a California Municipal Building and Construction Trades Council of Corporation Alameda County , AFL-CIO
By: ______________________________ By: ___________________________________ _________________, City Manager Andreas Cluver, Secretary-Treasurer Date: ______________________________ Date: ___________________________________ 424 of 510
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SIGNATORY UNIONS
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ADDENDUM A

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Community Workforce Agreement for the City of Union City Agreement to be Bound
Dear ________________:

The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the City of Union City (“Agreement”), as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the Agreement.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 426 of 510
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160063\1572846
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Item 7.1

ADOPT A RESOLUTION APPROVING THE COMMUNITY

WORKFORCE AGREEMENT WITH THE BUILDING

AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA

COUNTY AND THOSE SIGNATORY LOCAL UNIONS
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2 Background
Community Workforce Agreements
• Binding, pre-hire agreements that require the use of organized labor on qualifying public works projects.
• CWAs include provisions including local hire goals and labor peace provisions. 429 of 510
3 Background
Discussions and Referral to Legislation and Policy Committee Meeting • The Building and Construction Trades Council of Alameda County engaged the City in late 2024 regarding a potential CWA for City projects.
• Following negotiations, staff brought the draft CWA to the Legislation and Policy Committee for review.
• The Committee recommended that staff present the CWA to the City Council for consideration with a recommendation for approval.
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4 CWA Terms
• Scope: Construction projects with engineer’s estimate of $1,000,000 or more. • Term: 5 years beginning January 1, 2026.
• Exclusions:
 Construction contracts awarded by other entities.
 Qualifying emergency work.
 Contracts substantially funded by another public agency which prohibits the application of the agreement—City will meet and confer to determine if CWA can remain in place without prohibited provision.
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5 CWA Terms
• Labor Peace: No strikes, work stoppages, etc. because of a dispute on the City project or any other project.
• Joint-Administrative Committee: CWA required establishment of Joint-Administrative Committee to ensure the terms of the CWA being met.
• Local Hires: Local Hire Goal is a minimum of 25% of all hours worked on the project to be worked by Local Residents and other local areas at varying priority levels: Priority 1:

Union City; Priority 2: Fremont, Newark, and Hayward; Priority 3: Residents of Alameda County; Priority 4: All other areas.
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6 CWA Terms
• Apprenticeships: Contractors required to hire one new apprentice for the first $1M in project cost and one for every $5M thereafter.
 Local residents enrolled in a state-approved Joint Apprenticeship Training Program.  Must work a minimum of 10% of total craft’s work hours. • Community Partnerships: CWA requires the parties to work with the Construction Trades Workforce Initiative in good faith to identify and develop an initiative to connect residents with careers in the Building and Construction Trades. 433 of 510
7 Recommendation
Adopt a Resolution Approving The Community Workforce Agreement With The Building And Construction Trades Council Of Alameda County And Those Signatory Local Unions 434 of 510
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Agenda Item
DATE: 8/12/2025
TO: HONORABLE MAYOR AND CITYCOUNCIL
FROM: JOAN MALLOY, CITYMANAGER
SUBJECT: ADOPT ARESOLUTION APPROVING THE BART MURAL PROJECT WORKPLAN

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving the BART Mural Project workplan. The proposed project includes a five-phase implementation process that includes a robust community input, a process for regular updates to the City Council, and coordination with BART.

STRATEGIC PLAN ALIGNMENT
Goal E. Communication and Outreach: Build connections with community partners, residents, and employees.

Strategy: Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars.

BACKGROUND
The City of Union City adopted a five-year Strategic Plan in 2019. On September 26, 2023, City Council adopted the Strategic Plan FY 2019-2020 through FY2024-2025 Final Update which served as an opportunity for the Council to review progress and establish priorities for the remaining two years of the Strategic Plan. The final update included new strategies to the existing goals.

The strategy to place murals on the BART pillars in Kennedy Park was initially incorporated into the Strategic Plan in August 2021 (as reflected above in the Strategic Plan Alignment above) and readopted in September 2023. Staff began working with the Arts and Culture Commission on the BART mural project (“Project”) in 2023. However, during that time there was frequently a lack of quorum to hold the Arts and Culture Commission meetings, and establishing an ad hoc committee to focus on the Project was hampered by changing Commissioner appointments.

The Project began in earnest in 2024 with the Arts and Culture Commission establishing an ad hoc committee to demonstrate the Commission’s support in prioritizing this project and to also focus on the creation of a Union City Public Art Map. City staff received initial guidance from BART about how to proceed with a mural proposal. Due to the size and scope of the Project and the strict guidelines for art installation, BART highly recommended hiring an art consultant to facilitate the planning and implementation of the Project through BART’s application process and act as a liaison between the City and the BARTArts Program staff. The BARTArts Program Master Plan 2019 lays out their vision, strategy and framework to promote the inclusion of all art forms, from permanent and changing visual art to music, performance and literary arts. A copy of the master plan is available online; https://www.bart.gov/sites/default/files/docs/BARTArtMasterPlan_Final_lo_res.pdf In April 2025 the City entered into an agreement with Evelyn Orantes (EO) Consulting, who has decades of experience in arts administration, public art, and cultural programming, to provide staff guidance and support throughout the BART Mural Project. As a public art consultant, curator, and cultural strategist, EO Consulting specializes in developing and managing large-scale public art projects, including murals, exhibitions, and site-specific installations through a visionary approach to creative placemaking and community-driven 436 of 510
storytelling. More recently, EO Consulting was the project lead for BART’s Fruitvale Station multi-phase mural display that includes ten (10) pillars leading from the BART station into the Fruitvale Business District. Attachment I includes more information about EO Consulting.

Now with the ad hoc committee in place and the guidance of EO Consulting, the public outreach for this Project is underway. A community survey has been released to solicit public engagement and begin the process of defining the Project’s vision and theme. The input from the City Council at this early stage is also important to the success of the project.

DISCUSSION
Throughout the Project, the ad hoc committee will consult with BART through their Arts Program to ensure the proposed theme, artist(s) selection, and mural design adheres to their art and design guidelines and other requirements, prior to forwarding recommendations to the Arts and Culture Commission and City Council for final approval. A robust community engagement process will inform meaningful themes, values, and stories for the installation of the murals on the available nine (9) pillars. The ad hoc committee provides ongoing Project updates and gathers input at the regular Arts and Culture Commission meetings. This will ensure a transparent and inclusive approach that is centered in community voice. The approved final design and related costs will determine the number of BART pillars that will have murals placed upon them.

Next Steps
City staff and the Arts and Culture Commission, with the guidance of EO Consulting, developed a proposed BART Mural Project Workplan, for May 1, 2025 through June 30, 2027. The goal is to complete the mural installation by February 2027. Given the scope of the BART mural installation, the workplan is comprised of five phases. Exhibit A provides detailed workplan activities and timelines. The following is a brief overview of each of the five phases.

Phase I: Establishment of Regular BART Mural ProjectAd Hoc Committee Meetings and Project Theme Development, May – December 2025
Focus on establishing regular BART Mural Project ad hoc committee meetings, project workplan and deliverables, public outreach and community engagement activities, and research.

City CouncilAction: Arts and Culture Commission makes a recommendation to the City Council to approve the final mural theme across the nine pillars.

Phase II: Competitive Bid Process Development andArtist Selection, September 2025 – June 2026 Focus on beginning engagement with BART’s Art Program on approval of theme and scope of Project, identifying and contracting the artist(s) for the project through a transparent, inclusive competitive bid plan and process.

City CouncilAction: Arts and Culture Commission makes a recommendation to the City Council to authorize a contract with the selected artist(s) and an MOU with BART.

PHASE III: Mural Design and Planning, June – September 2026 Focus on finalizing mural designs and budget, aligning City recommendations and BART guidelines, and laying the groundwork for a successful production phase.

City CouncilAction: Arts and Culture Commission makes a recommendation to the City Council to approve the final mural design and project budget.

PHASE IV: Mural Fabrication and Production, September 2026 – February 2027 Focus on site prep, mural execution, and coordination with appropriate partner agencies to ensure all essential elements are considered (permitting, vendors, mural installation activities, etc.).

City CouncilAction: Staff updates the Arts and Culture Commission and City Council on the BART Mural Project.

PHASE V: Mural Unveiling Event and Legacy Planning, January – March 2027 Focus on planning an unveiling event and programming and developing a maintenance plan for the long-term care of the BART mural installation.

City CouncilAction: Staff updates the Arts and Culture Commission and City Council on BART Mural Project completion, unveiling event, and project evaluation report. 437 of 510 Throughout the Project, the Arts and Culture Commission and City Council will provide guidance and approval on key elements of the BART mural design and installation. Specifically, the City Council will be briefed and asked for their confirmation and approval of the theme, approval of the selected artist(s), and final approval of the proposed mural design.

FISCAL IMPACT
The BART Mural Project is funded through the Public Art In-Lieu Fee – Fund 268, which currently has a balance of approximately $863,000 of unencumbered funds. This fund is replenished when a developer pays an in-lieu fee instead of providing public art. If a developer provides art as part of their project, there is no payment of the fee. These funds cover all publicly installed art, such as the art at the Sports Center entrance and the utility box mural project.

The Five-Year Capital Improvement Plan already identifies $200,000 for the Project. However, the actual estimated cost will not be known until the final artist(s) is/are selected and the final scope of the work is understood. At each step through Phase II and Phase III the costs will become clearer. Final project design, number of murals to be installed, artist selection, and design concept will determine actual costs.

There is no budget action at this time.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the BART Mural Project workplan.

Prepared by:

Laura Buzo, Community and Recreation Services Director
Submitted by:

Laura Buzo, Community and Recreation Services Director
ATTACHMENTS:

Description Type
Attachment 1 - EvelynOrantes Consulting PowerPoint Attachment Draft Resolution for BARTMural Project Workplan Resolution ExhibitA - BARTMural Project Workplan Exhibit
REVIEWERS:

Department Reviewer Action Date
Leisure Services/Youth and Family Services Pham, Thai Approved 8/8/2025 - 7:54 PM City Manager’s Department Pham, Thai Approved 8/8/2025 - 7:54 PM 438 of 510
Evelyn Orantes Consulting
Celebrating the Uniqueness and
Commonalities within Communities
Evelyn Orantes, Consultant
1 439 of 510
Fruitvale Outdoor Street Gallery
The Unity Council BART Project
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Fruitvale Street Gallery A Destination
While you’re here…
Enjoy our Local Restaurants & Shops Come to our Farmer’s Market 3 441 of 510
Oscar Grant Mural by Refa 1 and
Hummingbird by Favianna Rodriguez
4 442 of 510
Pablo Arroyo and Pancho Pescador
5 443 of 510
Fred Alvarado
&
Liv Rose
Unger
6 444 of 510
Zoe Boston
&
Francisco
Sanchez
7 445 of 510
Inspiration for Fruitvale Murals
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Chicano Park, San Diego
9 447 of 510
Balmy Alley, Mission Neighborhood, SF
10 448 of 510
Rino Art
District,
Denver,
Colorado
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League City, Texas
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Experiment: QR Codes on Murals to Add Texture
(Artist voices, music, poetry, history)
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Bend 92
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Pillars Across from Bend 92
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Invited Artists
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Cee Cee Carpio
20 458 of 510
Jet Martinez
21 459 of 510
Jesus Rodriguez
22 460 of 510
Rachel Wolfe-Goldsmith
23 461 of 510
Favianna Rodriguez
24 462 of 510
Fruitvale BART
Station NOW
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Gateway to
Fruitvale
(Bend 92)
26 464 of 510
27 465 of 510
Jet Martinez
(Bend 92)
28 466 of 510
CeCe Carpio
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Pillars Across from Bend 92: Cece Carpio
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Pillars Next
to Oscar
Grant Mural
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City of Union City
BART Mural Project
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RESOLUTION NO. 2025-XXX

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

ACCEPTING THE BART MURAL PROJECT WORKPLAN
WHEREAS, the City of Union City adopted a five-year Strategic Plan in 2019. On September 26, 2023, the City Council adopted the Strategic Plan FY 2019-2020 through FY 2024-2025 Final Update, which served as an opportunity for the Council to review progress and establish priorities for the remaining two years of the Strategic Plan. The final update included new strategies for the existing goals; and
WHEREAS, in August 2021, and readopted in September 2023, the City Council included in the Strategic Plan, Goal E. Communication and Outreach, the Strategy:

Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars; and
WHEREAS, the project will place murals on up to nine BART pillars in Kennedy Park and at Decoto Road; and
WHEREAS, the Arts and Culture Commission, City of Union City staff, Evelyn Orantes Consulting and an Arts and Culture Commission ad hoc committee will lead the BART Mural Project; and
WHEREAS, the Arts and Culture Commission ad hoc committee developed a BART Mural Project Workplan, for May 1, 2025, through June 30, 2027, intending to complete the mural installation by February 2027, for City Council consideration; and WHEREAS, the scope of the BART Mural Project workplan is comprised of five phases with detailed activities, timelines, and deliverables.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the BART Mural Project Workplan, attached as Exhibit A. 480 of 510
Resolution No. 2025-XXX
Accepting the BART Mural Project Workplan