Union City City Council
March 24, 2026

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City Council / Successor Agency
Regular Meeting Agenda

NOTICE AND AGENDA

CITY OF UNION CITY

CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
GARY SINGH, Mayor
JAIME PATIÑO, Vice Mayor (District 2)
LANCE NISHIHIRA, Councilmember (District 1)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, March 24, 2026 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER

1.1. Pledge of Allegiance

1.2. Roll Call

2. ORAL COMMUNICATIONS
Each person who wishes to speak during the Oral Communications section for non-agenda items will have up to three minutes. The Chair may shorten this time if there are many speakers or the City Council has a full agenda. If you want to speak during the first Oral Communications section, please complete a speaker card with your name and city of residence. You may also provide a mailing address if you would like to receive future information from the City. Filling out a speaker card and providing your name, city of residence, or mailing address is not required to speak, but it helps keep accurate records.

3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered routine and will be approved together with one motion. If any item requires discussion, it will be removed from the Consent Calendar and discussed separately.

3.1. Approve the March 10, 2026 City Council Regular Meeting Action Minutes

3.2. Adopt a Resolution Authorizing the City Manager to Enter Into a Consulting Services Agreement Between the City of Union City and David L. Gates and Associates, Inc. for Parks and Landscape Plan Check Services for the Station East Project
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3.3. Adopt a Resolution Approving an Increase in the Fiscal Year 2025-2026 Annual Clean Water Program Contribution by $126,200 in the Clean Water Fund (Fund 258) to Pay the City of Fremont for the Services of Larry Walker Associates and Authorizing the City Manager to Sign the Associated Letter Agreement

3.4. Adopt a Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with Consor North America, Inc., in the Amount of $260,000, for the Constructability Review as Part of the Construction Management Services for Phase 2 of the Quarry Lakes Parkway Project, City Project No. 18-04

4. PUBLIC HEARINGS
Public Hearings provide an opportunity for the community to comment on items that require a formal hearing under state or local law. Staff will present the item first. After the presentation, the Mayor will open the public hearing and invite public comment. Individuals wishing to speak must complete and submit a speaker card before Oral Communications so the Mayor can call on them. Once all speakers have finished, the Mayor will close the public hearing. The City Council may then discuss the item and take action.

4.1. Hold a Public Hearing and Adopt a Resolution of the City Council of the City of Union City Accepting the 2025 General Plan Annual Progress Report and the 2025 Housing Element Annual Progress Report

5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Crime Point, Inc. to Purchase a Police Surveillance Vehicle Utilizing Asset Forfeiture Funds

5.2. Continued Presentation on Potential Underwriting Options for Sidewalk Repair Costs for the Annual Sidewalk, Curb and Gutter, and Ramp Repair Project, City Project No. 25-03

5.3. Adopt a Resolution Accepting the Parks and Recreation Master Plan Community Needs Assessment Summary Report

5.4. Adopt a Resolution Designating the “Sister Cities International Plaza” Within Old Alvarado Park and Recognizing the Contributions of the Union City Friends of Sister Cities

5.5. Adoption of Resolution Forming the Larry Orozco Teen Bike Workshop Ad Hoc Subcommittee and Approving Mayoral Appointments

6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY

7. ITEMS REFERRED BY COUNCIL

8. GOOD OF THE ORDER

9. ADJOURNMENT
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MEETING INFORMATION
The City Council is authorized to take action only on items listed on this agenda. Public comment is both welcomed and encouraged on all agenda items. If you wish to address the Council, please complete a speaker card and submit it before the Oral Communications section.

Regular City Council meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers, City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.

Meetings can also be observed via Zoom: http://citycouncil-live.unioncity.org.

Meetings are broadcast live on UCTV Channel 15 and live-streamed on the City's website:
https://bit.ly/3x9mEiR.

Public Comment: Members of the public cannot provide comments via Zoom unless specifically permitted, as detailed below. Remote access is subject to technical availability. If the Zoom platform or other technology fails, the City Council will proceed with the meeting in person unless prohibited by law.

Public Records: Documents related to agenda items are available for review on the City's website (https://www.unioncity.org) or during business hours at the City Clerk's Office, 34009 Alvarado-Niles Road, Union City, CA 94587.

Accessibility: If you require special assistance to participate in the meeting, please contact the City Clerk's Office at (510) 675-5448 at least 72 hours before the meeting. Closed captioning is available for all regular City Council meetings.

ADDRESSING THE CITY COUNCIL
In-Person Public Comment:

Members of the public may address the Council on any agenda item or during the Public Input portion of the meeting. To speak, please fill out a speaker card with your name and city of residence. If you would like a follow-up from the City, you may also provide your mailing address. Completing a speaker card and providing your name, city, or mailing address are not required to make a public comment but are requested for record-keeping purposes.

Written Comment:

To submit written comments on an agenda item or during Public Comment, please email [email protected]. Include "Public Comment" in the subject line and reference the agenda item number. Written comments will be forwarded to the City Council and made publicly available.

Public Comment via Zoom:

As noted above, the public may not address the Council via Zoom unless required by AB 2449. If the City is required to provide this opportunity, the Mayor will announce it at the beginning of the meeting. If allowed, raise your virtual hand on Zoom to indicate that you would like to speak on a specific agenda item.

CITY COUNCIL NORMS AND GUIDELINES
(Resolution No. 6129-23; Adopted May 23, 2023)
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The Union City Council abides by the following norms:

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

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

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

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

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

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

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

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

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

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

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

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

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

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

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

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

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CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice and agenda were posted on the City's website and the City Hall bulletin board at least 72 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham, MMC, CPMC
City Clerk/Secretary to the City of Union City Successor Agency City Council Staff Report Page 1 of 1 March 24, 2026
Staff Report
Agenda Item No. 3.1
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Thai Nam Pham, City Clerk
SUBJECT: Approve the March 10, 2026 City Council Regular Meeting Action Minutes

RECOMMENDATION
Staff recommends Council approve the meeting minutes.

Prepared by: Thai Nam Pham, City Clerk
Submitted by: Thai Nam Pham, City Clerk
Attachments

1. Action Minutes
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MINUTES

CITY OF UNION CITY

CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
GARY SINGH, Mayor
JAMIE PATIÑO, Vice Mayor (District 2)
LANCE NISHIHIRA, Councilmember (District 1)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, March 10, 2026 | 7:00 PM
City Hall – Tom Kitayama City Council Chambers
34009 Alvarado-Niles Road, Union City, CA 94587

1. CALL TO ORDER
Mayor Singh called the meeting to order at 7:03 PM.

1.1. Pledge of Allegiance
Mayor Singh led the Pledge of Allegiance.

1.2. Roll Call
Attendance Attendee Name
Present Lance Nishihira, Councilmember (Remote)
Scott Sakakihara, Councilmember
Jeff Wang, Councilmember
Jaime Patiño, Vice Mayor
Gary Singh, Mayor
Absent None

2. PROCLAMATIONS AND PRESENTATIONS

2.1. Proclamation Recognizing March 2026 as Women's History Month Mayor Singh read aloud the proclamation and presented it to Finance Specialist III Garcia, who later provided brief remarks.
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2.2. Proclamation Recognizing March 8, 2026 as International Women's Day Mayor Singh read aloud the proclamation and presented it to Chioma Chuks-Orji, who later provided brief remarks.

3. ORAL COMMUNICATIONS
Mayor Singh opened Oral Communications. The following speaker spoke on items that were not on the agenda:

David Rutan
There being no further speakers, Mayor Singh closed Oral Communications.

4. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Wang
AYES: Councilmembers Nishihira, Sakakihara, Wang, Vice Mayor Patiño, and Mayor Singh
NOES: None
ABSENT: None

4.1. Approve the February 24, 2026 City Council Regular Meeting Action Minutes Approved as part of the Consent Calendar.

4.2. Adopt a Resolution Concurring with the Mayor’s Appointment of Gabriel Borden to the Bicycle Pedestrian Advisory Committee (BPAC) and Ignacio Romero to the Economic Development Advisory Team (EDAT) Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-024

4.3. Adopt a Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Amended and Restated Franchise Agreement for Recycling Collection and Processing Services with Tri-City Economic Development Corporation (Tri-CED)
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-025

4.4. Adopt a Resolution Approving the Award of a Construction Contract to RNR Paving, Inc., in the Amount of $271,923, and Approving a Total Construction Budget in the Amount of $326,308, for the Kennedy Park Improvements, Phase I Project, City Project No. 24-15
Adopted as part of the Consent Calendar.

Enactment No.: Resolution No. 2026-026
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5. CITY MANAGER REPORTS

5.1. Adopt a Resolution Authorizing the City Manager to Execute the Fifth Amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., in the Amount of $2,578,000, for a Total Contract Amount of $10,567,191, for the Final Design of Phase (Segment) 1 of the Quarry Lakes Parkway Project, City Project No. 18-04
Public Works Director Ayupan provided the staff presentation and responded to questions from the City Council.

Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

Motion: Adopt a resolution authorizing the City Manager to execute the fifth amendment to the Consulting Services Agreement with Mark Thomas & Company, Inc., in the amount of $2,578,000, for a total contract amount of $10,567,191, for the Final Design of Phase (Segment) 1 of the Quarry Lakes Parkway Project, City Project No. 18-04.

RESULT: Pass
MOVER: Councilmember Sakakihara
SECONDER: Vice Mayor Patiño
AYES: Councilmembers Nishihira, Sakakihara, Wang, Vice Mayor Patiño, and Mayor Singh
NOES: None
ABSENT: None

Enactment No.: Resolution No. 2026-027

5.2. Receive the Second Quarter Financial Report for Fiscal Year 2025-2026 Finance Director Thai provided the staff presentation and responded to questions from the City Council.

Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

Council received the report.

5.3. Receive a Report on the Results of the Community Survey to Consider Placing a Measure on the November 2026 Ballot to Extend the Utility Users' Tax and Provide Direction
City Manager Malloy introduced the Godbe Research team, Bryan Godbe, and Team CivX, Charles Heath, to the Council. Both individuals provided the item presentation and responded to questions from the City Council.

Mayor Singh opened Public Comment. There being no speakers, Mayor Singh closed Public Comment.

Council discussed the survey results and provided direction to maintain the current Utility Users’ Tax rate without an increase and to return with additional information regarding the duration of a potential extension. 10 of 403
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6. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

7. ITEMS REFERRED BY COUNCIL
Vice Mayor Patiño did not provide a report under this item.

Councilmember Sakakihara reported attending a virtual Climate Action Plan workshop and a Parks and Recreation Master Plan community meeting.

Councilmember Wang reported that he will be attending the League of California Cities Planning Commissioners Academy along with Councilmember Nishihira in Anaheim. He also reported that he attended the Parks and Recreation Master Plan community meeting and the AB 1234 Ethics Training held on March 3, 2026.

Mayor Singh reported attending the Alameda County Transportation Commission meeting on February 26, 2026.

Councilmember Nishihira reported attending meetings of the StopWaste Energy Council and Waste Management Board. He also noted upcoming meetings of the New Haven Unified School District Joint Subcommittee, the Alameda County Library Advisory Commission, and the Human Relations Commission.

8. GOOD OF THE ORDER
Vice Mayor Patiño reported attending the funeral service for longtime Decoto resident Consuelo Sotelo Bedoya on February 25, 2026. On February 26, he attended the board meeting of the Tiburcio Vasquez Health Center. On February 27, he attended the Joint Venture Silicon Valley State of the Valley event at San José State University. He also attended a Lunar New Year community dinner, a memorial service for Avtar Singh in Tracey, the AB 1234 Ethics Training held on March 3, 2026, and a tour of the On Lok facility. He further reported attending a National League of Cities (NLC) engagement session, the grand opening of Ross Dress for Less on Decoto Road, a Labor 101 event in Fremont, and an NLC preparatory meeting in advance of upcoming meetings in Washington, D.C., including a scheduled meeting with representatives of the Philippine Embassy.

Councilmember Sakakihara reported attending the League of California Cities East Bay Division Legislative Update on February 26, 2026. On February 27, he attended the Joint Venture Silicon Valley State of the Valley event at San José State University. On February 28, he attended the Union City Lions Club Crab Feed. On March 3, he attended a meeting at City Hall with representatives from the U.S.–Japan Consulate. He also attended the Superhero 5K community event and the Father-Daughter Dance on February 6, 2026.

Councilmember Wang reported that he was recently appointed by NLC President Kevin Kramer to serve on the NLC First Tier Suburb Committee. He noted that he will be traveling to Washington, D.C., to attend upcoming National League of Cities meetings with Vice Mayor Patiño. He also attended the Joint Venture Silicon Valley State of the Valley event in San José and a Lunar New Year community dinner.

Mayor Singh had nothing to report.

Councilmember Nishihira reported attending the Japanese Consulate reception in San Francisco celebrating the Emperor’s Birthday on February 26, 2026. On February 27, he attended the Joint Venture Silicon Valley State of the Valley event at San José State University. On February 28, he attended the Union City Lions Club Crab Feed. On March 3, 12 of 403
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he attended a meeting at City Hall with representatives from the Japanese Consulate, where potential opportunities to explore an additional sister city relationship with a city in Japan were discussed.

9. ADJOURNMENT
Mayor Singh adjourned the meeting at 9:07 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City on March 24, 2026.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
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City Council Staff Report Page 1 of 2 March 24, 2026
Staff Report
Agenda Item No. 3.2
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Enter Into a Consulting Services Agreement Between the City of Union City and David L. Gates and Associates, Inc. for Parks and Landscape Plan Check Services for the Station East Project

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a consulting services agreement with David L. Gates and Associates, Inc. (“Gates”) for parks and landscape plan check services for the Station East Project in an amount not to exceed $107,982. The scope of work is detailed in Exhibit A.

The Project is located on approximately 26.5 acres between Decoto Road, 7th Street, Bradford Way, and the UPRR Niles Subdivision Line (Assessor Parcel Numbers 87-21- 5-2, 87-23-12, 87-21-13-1, 87-21-13-2, 87-23-10, and 87-23-13-2).

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

Goal C, Strategy 5: Promote housing development for all income levels in the community by implementing the Housing Element, updating the zoning ordinance to include objective standards for new multi-family residential development to streamline the review of applications for housing developments, and other measures.

BACKGROUND
The City Council approved the Station East Mixed-Use / Residential Project (“Project”) in June 2021. It was later amended in 2023 and 2024 to now include up to 813 units, up to 29,098 square feet of ground-floor commercial space along Decoto Road, new parks, and a new circulation network. The plans include two parks dedicated to the City, as well as other paseos and play areas with dedicated public access easements.

The subdivision improvement plans are currently undergoing plan check. These plans 14 of 403
Agenda Item No. 3.2
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include landscaping in public rights-of-way, public parks, and areas to be maintained by homeowner associations.

The Project site plan (Attachment 1) is attached and shows the current block layout. The site plan also shows the names of the new private and public roads. Consistent with the City’s public street naming policy, the three public roads were named after councilmembers, including Patiño Street, Sakakihara Street, and Wang Street.

DISCUSSION
Under the proposed agreement, Gates would provide plan-check services for the parks and landscape plans for the Project. Gates is a qualified firm with extensive experience in preparing and reviewing parks and landscape plans. The scope of work includes plan check services for the landscaping in the public rights-of-way, park plans including the parks that will be publicly owned and maintained (Parcels A and B in Figure 1), the park/paseo areas that will be subject to a public access easement (Parcels C, D, E, and AA in Figure 1), and remaining landscaping that the homeowners associations will maintain. The proposal is broken down by task in Table 1 below.

Table 1: Gates Station East Plan Check Proposal
Task 1: Project Kickoff, Design Standards, Additional
Meetings $9,460
Task 2: Plan Review $45,070
Task 3: Site Inspection $43,635
Contingency $9,817
GRAND TOTAL $107,982

FISCAL IMPACT
There is no impact on the General Fund. Lennar, the Project developer, will fund the agreement with Gates.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a consulting services agreement, in a form approved by the City Attorney, with David L. Gates and Associates, Inc., for parks and landscape plan check services for the Station East Project in an amount not to exceed $107,982.

Prepared by: Leslie Carmichael, Contract Planner
Submitted by: Carmela Campbell, Economic and Community Development Director Attachments

1. Attachment 1 - Station East Project Site Plan

2. Attachment 2 - Draft Resolution

3. Exhibit A (Scope of Work)
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Attachment 2: Station East Site Plan
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RESOLUTION NO. 2026-XXX

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO

A CONSULTING SERVICES AGREEMENT, IN A FORM APPROVED BY

THE CITY ATTORNEY, BETWEEN THE CITY OF UNION CITY AND
DAVID L. GATES AND ASSOCIATES, INCORPORATED FOR PARKS

AND LANDSCAPE PLAN CHECK SERVICES FOR THE STATION
EAST PROJECT IN AN AMOUNT NOT TO EXCEED $107,982
WHEREAS, the Station East Project was approved in 2021 and then updated in 2023 and 2024 and includes up to 813 dwelling units and up to 29,098 square feet of commercial space located on 26.5 acres bounded by Decoto Road, 7th Street, Bradford Way, and the UPRR Niles Subdivision, comprised of Assessor Parcel Numbers 87-21- 5-2, 87-23-12, 87-21-13-1, 87-21-13-2, 87-23-10, and 87-23-13-2; and WHEREAS, staff is bringing on a consultant, David L. Gates and Associates, Inc., to provide parks and landscape plan check services necessary for the Station East Project; and
WHEREAS, the scope of work, labeled Exhibit A, is attached hereto and made a part hereof; and
WHEREAS, the scope of work budget is not to exceed $107,982 and will be paid by Lennar, the Project developer.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council authorizes the City Manager to enter into a consulting services agreement, in a form approved by the City Attorney, with David L. Gates and Associates, Inc., to provide parks and landscape plan check services for the Station East Project in an amount not to exceed $107,982.
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Resolution No. 2026-XXX
Gates CSA for Station East Project

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on March 24, 2026, 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 – Scope of Work
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March 3, 2026
Contact:

Carmela Campbell
34009 Alvarado-Niles Road
(510) 675-5316
[email protected]
Dear Carmela,
Thank you for the opportunity to submit the following proposal and resumes for landscape architectural services for Station East Plan Check Services for the City of Union City.

Please call me with any questions you have. If the attached workscope is acceptable, please sign a copy of this letter and return to us for our files.

Sincerely,
Ian Elsborg
Job Captain | Gates Studio

EXHIBIT A
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SCOPE OF SERVICES

This agreement is made as of March 3rd, 2026 by and between Gates Studio, (GATES) [California License No. 6032], a California corporation, and The City of Union City (Client).

As provided in this Agreement, GATES will provide landscape architectural review services for the following project (the "Project"):

Landscape Architecture review and Site Inspection of Station East Development I. BASIC SERVICES
TASK 1 – PROJECT KICKOFF, DESIGN STANDARDS, AND ADDITIONAL MEETINGS The objective of this task is to review and document current city standards for public parks and outdoor spaces, and optionally develop a checklist of preferred city standard designs, materials, and specifications for use in the review of public outdoor spaces.

Subtask 1.1 – City Coordination
Manage all aspects of the project including consultants, schedule, meetings, and deliverables.

Provide copies of agendas and other meeting materials to the City in advance of meetings.

Subtask 1.2 – Project Kick-off Meeting
Host project kick-off meeting (virtual) to:
 Review relevant city standards and challenges to be incorporated into review of the project plans.  Document city preferences on additional standard materials and practices  Identify background/resource materials.

Subtask 1.3 – Document Park Standards
Host a meeting (virtual) with public works, parks and recreation, and city maintenance staff to:
 Review current city standards for park materials and specifications.  Informed by the parks and recreation masterplan team, create a table of City preferences for standard materials and maintenance practices related to park development, to be incorporated into the review of public parks and outdoor spaces.
 Items to be documented may include irrigation equipment, site furniture standards (bike racks, benches, bike lockers, bollards, etc.) planting standards, paving materials.  Draft and Final review meeting with city staff to review standards.

Subtask 1.4 – Additional Meetings
Up to 5 additional meetings with City Staff and/or Parks Commission as required throughout the review process.

DELIVERABLES:

Draft Park Standards Table
Final Park Standards Table
MEETINGS:

City Staff/Parks Commission Meetings 5
Standards Meeting 2
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TASK 2 – PLAN REVIEW
The objective of this task is to provide Landscape Architecture review of landscape plans for constructability, maintenance concerns, public use, and code compliance.

Subtask 2.1 – Plan review of On-Site Public Plans
● Review of Landscape and Irrigation Plans for conformance with Union City Municipal Code, California Building Code, and MWELO
● Review Landscape and Irrigation Plans for general constructability, maintenance considerations, user accessibility and general suitability for public use, including review of such items as play equipment (excluding CPSI review,) inclusion of accessible play elements, site furnishings (benches, bollards, bike racks, bike lockers, etc.) play surfacing, and similar. ● Provide redlined plans and a written comment letter of consolidated landscape architectural comments.
● Assumes a 34 page set, 3 reviews, 2 redlined sets and 2 comment letters.

Subtask 2.2 – Plan review of On-Site Private Plans
● Review of Landscape and Irrigation Plans for conformance with the Union City Landscape Checklist, Union City Municipal Code, California Building Code, and MWELO, including review of such items as play equipment (excluding CPSI review,) inclusion of accessible play elements, site furnishings (benches, bollards, bike racks, bike lockers, etc.) play surfacing, and similar. ● Provide redlined plans and a written comment letter of consolidated landscape architectural comments.
● Assumes an 88 page set, 3 reviews, 2 redlined sets, and 2 comment letters.

Subtask 2.3 – Plan review of Offsite Plans
● Review Landscape and Irrigation Plans for conformance with Union City Municipal Code, California Building Code, and MWELO
● Review Landscape and Irrigation Plans for general constructability, maintenance considerations, user accessibility and general suitability for public use, including review of such items as play equipment (excluding CPSI review,) inclusion of accessible play elements, site furnishings (benches, bollards, bike racks, bike lockers, etc.) play surfacing, and similar. ● Provide redlined plans and a written comment letter of consolidated landscape architectural comments.
● Assumes a 19 page set, 3 reviews, 2 redlined sets, and 2 comment letters.

Subtask 2.1 – Plan review of Park Plans
● Review Landscape and Irrigation Plan Set for conformance with Union City Municipal Code, California Building Code, and MWELO
● Provide Landscape Architectural Review of the combined Improvement Plans for general constructability, maintenance considerations, and general suitability for public use, including review of such items as play equipment (excluding CPSI review,) inclusion of accessible play elements, site furnishings (benches, bollards, bike racks, bike lockers, etc.) play surfacing, and similar.
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● Provide redlined plans and a written comment letter of consolidated landscape architectural comments.
● Assumes a 51 page set, 3 reviews, 2 redlined sets, and 2 comment letters.

DELIVERABLES:

Redlined Plan PDFs (2 per plan set)
Comment Letter (2 per plan set)
MEETINGS:

None

TASK 3 – SITE INSPECTION
Subtask 3.1 – Site Inspection of Public On-Site Landscape Improvements ● Preliminary Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans.
● Final Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans and previous required corrective actions. ● Assumes site inspections shall be of the entirety of the completed public on-site improvements.

Subtask 3.2 – Site Inspection of Private On-Site Landscape Improvements ● Preliminary Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans.
● Final Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans and previous required corrective actions. ● Assumes 1 preliminary inspection and 1 final inspection per PA package as shown below: 4 total packages, consisting of PA 2 & 4, PA 5 & 6, PA 7 & 8, PA 9 & 10. 22 of 403
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Subtask 3.3 – Site Inspection of Offsite Landscape Improvements ● Preliminary Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans.
● Final Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans and previous required corrective actions.

Subtask 3.4 – Site Inspection of Park Landscape Improvements ● Preliminary Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans.
● Final Site Inspection of the approved and constructed landscape for conformance with the approved landscape plans and previous required corrective actions.

DELIVERABLES:

Preliminary Field Report 7
Final Field Report 7
MEETINGS:

Preliminary Site Inspections 7
Final Site Inspections 7

PROJECT EXCLUSIONS
The project exclusions not included within the scope of work are described below:
 Review of Civil, Electrical, Architectural, or other consultant plans beyond the scope of a Landscape Architect
 Playground Safety Inspections (performed by a Certified Playground Safety Inspector)  Irrigation Audits
 Structural Review
II. ADDITIONAL CONDITIONS
A. Meetings

1. Attendance at the aforementioned meetings is included in the scope of work.

This proposal assumes that each meeting is a maximum of two (2) hours.

2. Additional meetings are not in the scope of this proposal and will be billed at the hourly rates described in Item IV.

B. Additional Site Visits are not in the scope scope of this proposal and will be billed as time and materials described in Item IV.

C. Client shall provide all existing information necessary for the completion basic services as described in this letter of agreement.

D. Regarding Punch Lists and Construction Administration/ Observation Field Reports, field reports are developed in order to identify corrections and/or completions required on site. Punch List/ Field Report observation is not a comprehensive inspection and is not intended to address every possible deficiency, whether latent or patent, nor shall Landscape Architect’s agreement to generate the Punch List relieve the Contractor and 23 of 403
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its Subcontractors from their sole obligation to construct the project according to the Contract Documents. Punch List and Field Reports will include review and inspection of landscape design scope and irrigation only.

III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:

Task 1 Project Kickoff, Design Standards, Additional Meetings $ 9,460

1.1 City Coordination $1,520

1.2 Project Kickoff $1,290

1.3 Park Standards Table $3,550

1.4 Additional Meetings (5, 2 hours each) $3,100

Task 2 Plan Review

2.1 On Site Public Plans $ 7,940
1st Review, Redlines, and Checklist $4,090
2nd Review, Redlines, and Checklist $2,440
3rd Review, Redlines, and Checklist $1,410

2.2 On Site Private Plans $ 19,410
1st Review, Redlines, and Checklist $10,050
2nd Review, Redlines, and Checklist $5,505
3rd Review, Redlines, and Checklist $3,855

2.2 Offsite Plans $ 6,075
1st Review, Redlines, and Checklist $3,235
2nd Review, Redlines, and Checklist $1,825
3rd Review, Redlines, and Checklist $1,015

2.2 Park Plans $ 11,645
1 st Review, Redlines, and Checklist $5,590
2 nd Review, Redlines, and Checklist $3,750
3 rd Review, Redlines, and Checklist $2,305

Task 3 Site Inspection

3.1 On Site Public Plans $ 5,060
Preliminary Site Inspection $3,660
Final Site Inspection $1,400

3.2 On Site Private Plans $ 29,480
Preliminary Site Inspection (Assuming 4 total) $18,300
Final Site Inspection (Assuming 4 total) $11,180
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3.3 Offsite Plans $ 4,445
Preliminary Site Inspection $2,770
Final Site Inspection $1,675

3.4 Park Plans $ 4,650
Preliminary Site Inspection $2,975
Final Site Inspection $1,675

TOTAL Not To Exceed $__98,165

B. The project fee is based on the above “services” being completed within two years of contract date, apart from Site Inspections which may extend to three years beyond contract date. Any work extending beyond this schedule may be subject to additional services due to extended project duration and updates to billing rates. The project fee is based on a continuous non interrupted project process. Projects which are inactive for a duration exceeding 4 months may be subject to additional services.

C. For billing procedures, see Appendix A.

IV. ADDITIONAL SERVICES
A. Any extra services, including additional work or meetings, requested by the Client in addition to those indicated in this proposal shall be billed at the hourly rate listed below in addition to the fee indicated in Item III above.

Hourly Fees for Services of: Rate Per Hour:

Partner $240.00 - $255.00
Principal $225.00 - $240.00
Outreach Coordinator $190.00 - $210.00
Associate Principal $210.00 - $225.00
Senior Associate $190.00 - $210.00
Job Captain $170.00 - $190.00
Planner $170.00 - $190.00
Irrigation Designer $205.00 - $215.00
Production $160.00 - $180.00
Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.

B. Additional services shall include but are not limited to the following:
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Station East Plan Review, Union City
3/3/2026

1. Additional review caused by significant Site Plan or Architecture revisions post project Kick-Off.

2. Additional meetings and site inspections similar to those described above.

3. Horticultural consulting and soils analysis.

4. Prepare a Preliminary Opinion of Probable Cost broken down into major categories.

Accepted by:
__________________________________________ Date: ____________________ Carmella Campbell
City of Union City
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City Council Staff Report Page 1 of 3 March 24, 2026
Staff Report
Agenda Item No. 3.3
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Approving an Increase in the Fiscal Year 2025- 2026 Annual Clean Water Program Contribution by $126,200 in the Clean Water Fund (Fund 258) to Pay the City of Fremont for the Services of Larry Walker Associates and Authorizing the City Manager to Sign the Associated Letter Agreement

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving an increase in the Fiscal Year 2025-2026 Annual Clean Water Program Contribution by $126,200 in the Clean Water Fund (Fund 258) to pay the City of Fremont for the services of Larry Walker Associates and authorizing the City Manager to sign the associated letter agreement.

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

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

BACKGROUND
On January 24, 2012, the City Council adopted Resolution No. 4257-12 approving an Agreement Providing for Implementation of the Alameda Countywide Clean Water Program (Agreement). The original agreement was first adopted in 1991 by the cities in Alameda County, County of Alameda, the Alameda County Flood Control and Water Conservation District (District), and the Zone 7 Water Agency. The Agreement allows the cities and agencies to work collaboratively to implement several activities required under the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit. The City of Fremont serves as the Fiscal Agent for the Alameda Countywide Clean Water Program, which Larry Walker Associates currently supports. Program operational costs, including support from Larry Walker Associates, are paid through cost allocations to each participating city or agency as adopted in the Agreement. 27 of 403
Agenda Item No. 3.3
City Council Staff Report Page 2 of 3 March 24, 2026
On May 11, 2022, the San Francisco Bay Regional Water Quality Control Board adopted Order No. R2-2022-0018, which replaced the previously reissued countywide Municipal Regional Stormwater NPDES Permit (MRP). The reissued permit, MRP 3, was subsequently amended in October 2023 with Order No. R2-2023-0019.

Under MRP 3, the City of Union City was required to achieve 100 percent trash reduction by June 30, 2025. A Full Trash Capture Feasibility Study completed in 2023 identified implementation of full trash capture devices in the public right-of-way and on private property. City Project No. 25-11, the Citywide Trash Capture Device Installation Project, installed 80 connector pipe screen (CPS) devices and 7 hanging basket devices within the public right-of-way. No devices were installed on private property. Instead of installing full trash-capture devices on private property, the City committed to the San Francisco Bay Regional Water Quality Control Board to conduct Private Land Drainage Area (PLDAs) inspections for 115 private sites using On-Land Visual Trash Assessments (OVTAs) by June 30, 2026.

DISCUSSION
Private Land Drainage Areas (PLDAs) are trash-generating private properties that drain directly to the City’s storm drain system without any treatment measures or trash control devices prior to discharge into the City’s system. The Clean Water Program manages PLDA data and reporting through its ArcGIS online application.

Before the City can track and manage the PLDAs, the 115 identified locations must be verified and entered into the Program’s ArcGIS. Additional tasks include confirming each site’s drainage infrastructure, preparing for and conducting the PLDA inspections using the OVTA method, and establishing a scheduled program and maps to support three inspections per year.

Given the timeframe and number of PLDA sites that must be addressed to achieve compliance by June 30, 2026, staff require additional support. Larry Walker Associates, which serves as the Program Manager for implementation of the Alameda Countywide Clean Water Program for the Alameda County cities and agencies under the Agreement, can provide this support to the City of Union City. Costs associated with the PLDA verification, OVTA inspections, and compliance planning will be additional costs to the City’s annual contributions for Program operations, which are paid to the City of Fremont.

The estimated additional cost is $126,200.

FISCAL IMPACT
The funding for the City’s annual Program contributions is budgeted under the Clean Water Program (Fund 258). The additional support provided by Larry Walker Associates, in the amount of $126,200, will also be funded through the Clean Water Program (Fund 258).

There is no impact on the General Fund.
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Agenda Item No. 3.3
City Council Staff Report Page 3 of 3 March 24, 2026

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving an increase in the Fiscal Year 2025-2026 Annual Clean Water Program Contribution by $126,200 in the Clean Water Fund (Fund 258) to pay the City of Fremont for the services of Larry Walker Associates and authorizing the City Manager to sign the associated letter agreement.

Prepared by: Erika Cramer, Administrative Assistant III Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – Letter Agreement from Larry Walker Associates

2. Attachment 2 – FY2025-2026 Purchase Order for Annual Alameda County Clean Water Program Contribution

3. Draft Resolution

4. Exhibit A – Agreement Providing for Implementation of the Alameda Countywide Clean Water Program (C3463)
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2246 Sixth Street
Berkeley, CA 94710
510.883.9873
www.lwa.com

LARRY WALKER ASSOCIATES
MRP Support Scope of Services 1
March 18, 2026
Diana Cangco, City Engineer
City of Union City
34009 Alvarado-Niles Rd, Union City, CA 94587
[email protected]
Subject: MRP Support Scope of Services
Dear Ms. Cangco:

In response to your request, Larry Walker Associates (LWA) is pleased to submit this proposal for stormwater compliance planning support for the Union City (City) in connection with the National Pollutant Discharge Elimination System (NPDES) Municipal Regional Stormwater Permit (MRP).

LWA is an engineering, science, and regulatory consulting firm that specializes in public agency compliance support for NPDES permits. We have experience working with municipal stormwater permittees in the Bay Area and other regions throughout California, including the Alameda Countywide Clean Water Program (ACCWP). As you know, LWA is active with the Bay Area Municipal Stormwater Collaborative and the California Stormwater Quality Association. Through this involvement and our work with other stormwater Permittees, LWA has an in-depth understanding of the MRP, and we will leverage this knowledge and experience to assist the City in meeting its regulatory requirements.

Nicole Wilson will serve as LWA’s project manager for this work. Ms. Wilson has extensive experience with the MRP and strong organization and project management skills. She is currently supporting the City of San Leandro on a similar work effort and supports the Contra Costa Clean Water Program with a variety of MRP compliance efforts. Ms. Wilson will be supported by a team of technical staff and me as the principal in charge.

LWA understands that the City plans to utilize the “pass-through” clause in the contract between the ACCWP and LWA. ACCWP authorizes work through Action Plans on a fiscal year (FY) basis; therefore, we scoped the effort to align with FY 2025-26.

The attached scope is based on our understanding of the compliance planning support that you identified.

The scope is structured to be flexible to assist you in planning for future needs and prioritizing the tasks you would like LWA to assist the City to accomplish. Work would be conducted on a time-and-materials basis. The budget for this work effort is estimated at a not-to-exceed value of $ 126,200 for FY 2025-26 unless authorized by the City and documented in an ACCWP Action Plan.

Please let me know if you have any questions. We look forward to collaborating with you on this project.

Sincerely,
Sandy Mathews, Vice President
Larry Walker Associates, Inc.
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2246 Sixth Street
Berkeley, CA 94710
510.883.9873
www.lwa.com

LARRY WALKER ASSOCIATES
MRP Support Scope of Services 2

SCOPE OF SERVICES FOR THE CITY OF UNION CITY
MARCH 2026
LWA will provide as-needed compliance planning support to the City of Union City (City) in connection with the Municipal Regional Stormwater Permit (MRP). The City will authorize the as-directed work efforts through email or telephone confirmation. LWA will work with the City to establish tasks and schedules. In the conduct of any fieldwork, LWA will not act in a health and safety advisory role for City staff or its consultants.

Fiscal Year 2025-26 (March 2026-June 2026)
Task 1. Compliance Planning and Coordination
LWA will assist the City in planning for the implementation of the MRP. This task will include:
• Participating in monthly coordination with the City Engineer and key staff (4 meetings in FY 2025- 26). We anticipate the meetings will be held virtually. • Preparing a city-specific work plan. The work plan will be based on the 5-year work plan/checklist developed for the Alameda Countywide Clean Water Program (ACCWP), with the addition of identifying the positions or units responsible for implementing the MRP programs. • Assisting the City to identify gaps or needs and preparing topic-specific briefings or summaries for key work units.

Task 2. Trash Compliance Support
The scoping of this task is based on the available information and may be adjusted in consultation with the City upon review of the geographic information system (GIS) data and supporting information from the City’s engineering consultant.
a) Verify and Inspect Private Land Drainage Areas (PLDAs) The City’s engineering consultant identified 115 PLDAs within the City. The City committed to implementing the PLDA program and completing the inspections by June 2026. LWA will develop and implement the PLDA program for the City. The PLDA inspections is a one-time activity.

Following the initial inspection and follow-up with the property owners, further reviews of trash conditions would be assessed via the City’s commercial/industrial business inspection program.

The program will be based on the methodology employed by other MRP permittees and involves the following:
• Review the potential PLDA determinations and data developed by the City’s engineering consultant. In this step, LWA will confirm that all required parcels, including parcels less than 10,000 sf, were included in the list of potential PLDAs. • Conduct a desktop analysis of the potential PLDAs. This step typically eliminates parcels that do not qualify as PLDAs, e.g., parks, parcels draining to large trash capture devices. • Conduct field visits to verify that the parcels are PLDAs. This step is a quick screening visit to confirm the drainage infrastructure, including the presence of trash capture devices, and that the system drains to the City’s system.
• Coordinate with the ACCWP GIS consultant to update the PLDA inspection Application. • Prepare for and conduct PLDA inspections of verified PLDAs. This step involves coordinating field crews and scheduling inspections with the parcel owners. 31 of 403

LARRY WALKER ASSOCIATES
MRP SUPPORT SCOPE OF SERVICES 3
• Inspect verified PLDAs. This step involves communicating with the parcel owners about the inspection, conducting and documenting the inspections, and in coordination with the City, communicating the results to the parcel owners. Depending on parcel size, each inspection can take up to 30 minutes.
• Coordinate with the City to send final inspection results and any needed trash management recommendations in letters to parcel owners. s.

PLDA inspections are performed using the parcel-based OVTA protocol and include inspecting and documenting outdoor trash management BMPs. LWA will use the ACCWP PLDA Inspection Application on Field Maps to save the inspection details. LWA will coordinate with the City to complete the PLDA inspections by June 30, 2026, after June. b) Conduct On-Land Visual Trash Assessment (OVTAs)
Following the submittal of the City’s notice of non-compliance, the City determined there were areas not amenable to the installation of trash capture devices and is opting to implement institutional controls verified by OVTAs. At the time of the development of this estimate, the associated drainage areas are not known and need to be verified in the first steps of this task. For the purposes of budgeting, LWA assumed two field days would be needed to conduct the limited set of OVTAs in the public right-of-way.

LWA will develop and implement an OVTA program for the City and will train City staff to conduct OVTAs. The OVTA program needs to assess at least 10% of trash-generating curb-miles for each trash management area (TMA), in areas that are not otherwise treated by trash capture devices, proportional to the baseline trash load category. To obtain statistically significant data, OVTAs are typically conducted three times a year, with at least one assessment in the rainy season and one in the dry season. For the fiscal year 2025-26, one round of OVTAs are planned. • Desktop analysis of the assessment locations. LWA will confer with the City and review the existing GIS data to clarify the areas where the City cannot install trash capture devices in the public right of way. LWA will conduct a GIS analysis and a photographic review of sites using Google Street View to ensure sites are safe. Assessment segments will be sized based on the assessment method: walking segments will be 250 feet, and driving segments will be 500 feet.
• Create an assessment application and assessment maps. LWA will coordinate with the City’s GIS Staff to create a tablet or phone application to complete the assessments in the field.

This application may be created using the ESRI ArcGIS Online (AGOL) tool Field Maps, or another tool. LWA will create maps of the assessment areas for use in the field. These maps will be created for the FY 2025-26 OVTA effort, as well as the ongoing OVTA program. • OVTA scheduling. OVTAs need to be scheduled for the mid-point of ongoing trash control measures, such as street sweeping and on land clean upon-land clean-up events, to assess the “average” amount of trash at any given time. OVTAs must also be postponed 48 hours after a rain event with more than 0.5 inches of rain in a 24-hour period. LWA will schedule the FY 2025-26 OVTAs and train City staff on how to schedule OVTAs in the future. • Conduct OVTAs and train City staff. LWA will conduct the first round of OVTAs and train City staff on how to perform OVTAs. The training will include a safety presentation and field training (shadowing) with assessment examples.
c) Update AGOL Trash Generation Maps and Load Accounting LWA will coordinate with the City staff to update the City’s trash management data in the ACCWP AGOL system. This effort will include:
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LARRY WALKER ASSOCIATES
MRP SUPPORT SCOPE OF SERVICES 4
• Adding trash capture devices installed in 2024-25 and 2025-26 and calculating the tributary drainage area.
• Conducting a desktop analysis of OVTA results and the drainage areas of installed trash capture devices to assess the trash load reductions achieved through street sweeping and on-land clean-up events, as represented through OVTA results.

Task 3. As Needed Support
This task is intended to provide flexibility to assist the City with tasks or needs that are identified during the compliance planning process. Work performed under this task would be directed by the City.

Through the Compliance Planning and Coordination task, the City and LWA will identify supplemental support that may be needed, and this may include efforts that need to be reported in the FY 2025-26 Annual Report. A preliminary review of tasks includes:
• Report and certification that 80% of storm drains are marked with a no dumping label. (C.2.g) • Compilation of lessons learned on GSI Plan implementation and report on progress toward the C.3.j retrofit target. (C.3.j)
• Plan to update the City’s MS4 Map. (C.5.f).
• Report on the status of the implementation of the Asset Management Plan, including plans to complete the condition assessments. (C.20)
• Review of the FY 2024-25 Cost Report Spreadsheet and preparation to compile the FY 2025-26 Cost Report Spreadsheet. (C.21)
Fiscal Year 2025-2026 Estimated Budget
Task Effort
(Hours)
Budget
1 Compliance Planning and Coordination 55 $12,600
2 Trash Compliance Support
a Private Land Drainage Area Program (Private Parcels) 285 $54,100 b On Land Visual Trash Assessments (Public ROW) 122 $21,900 c AGOL Updates 86 $16,900
3 As Needed Support 91 $20,600
FY Total 638 $126,200
Proposed Scope of Services Approved by the City
Joan Malloy Date
City Manager
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Freight Terms
Ship To

VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER DELIVERY REFERENCE NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE

GL SUMMARY
100460

CITY OF FREMONT
3300 CAPITOL AVENUE
FREMONT, CA 94538
ATTENTION: FINANCE

DEPARTMENT
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587
20260118

PUBLIC WORKS DEPARTMENT
08/27/2025

DESTINATION
2026 Page 1 of 1

PUBLIC WORKS ADMINISTRATION
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587
(510) 675-4341
(510) 494-4784 [email protected] 100460 260143
Alameda Countywide Clean Water Program Annual Dues
1 Alameda Countywide Clean Water Program Contribution 7/1/25-6/30/26 Annual Invoice 1.0000 EACH $141,325.0000 $141,325.00 25833041 - 54220 $141,325.00
Authorized Signature Authorized Signature (Over $50,000) Purchase Order Total Total Ext. Price $141,325.00
$141,325.00
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RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AN INCREASE OF THE FISCAL YEAR 2025-2026
ANNUAL CLEAN WATER PROGRAM CONTRIBUTION BY $126,200 IN
THE CLEAN WATER FUND (FUND 258) TO PAY THE CITY OF

FREMONT FOR THE SERVICES OF LARRY WALKER ASSOCIATES

AND AUTHORIZING THE CITY MANAGER TO SIGN THE

ASSOCIATED LETTER AGREEMENT
WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 4257- 12 approving an Agreement Providing for Implementation of the Alameda Countywide Clean Water Program (Agreement) (see Exhibit A); and
WHEREAS, the Agreement allows Alameda County cities and agencies to work collaboratively to implement activities required under the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit; and WHEREAS, the City of Fremont serves as the Fiscal Agent for the Alameda Countywide Clean Water Program (Program), which Larry Walker Associates supports through the Agreement; and
WHEREAS, Program operational costs, including support from Larry Walker Associates, are funded through cost allocations to each participating city or agency as adopted in the Agreement; and
WHEREAS, on May 11, 2022, the San Francisco Bay Regional Water Quality Control Board adopted Order No, R2-2022-018, which was subsequently amended in October 2023 by Order No. R2-2023-0019, replacing the previously reissued Countywide Municipal Regional Stormwater NPDES Permit; and WHEREAS, the reissued permit is referred to as Municipal Regional Permit 3 (MRP 3); and
WHEREAS, under MRP 3, the City of Union City was required to achieve 100 percent trash load reduction by June 30, 2025; and
WHEREAS, a Full Trash Capture Feasibility Study completed in 2023 identified implementation of full trash capture devices in the public right-of-way and on private property; and
WHEREAS, City Project No. 25-11, Citywide Trash Capture Device Installation, installed 80 connector pipe screen devices and 7 hanging basket devices within the public right-of-way, and no devices were installed on private property; and WHEREAS, instead of installing full trash capture devices on private property, the City committed to the San Francisco Bay Regional Water Quality Control Board to conduct Private Land Drainage Area inspections for 115 private sites on commercial business properties using On-Land Visual Trash Assessments by June 30, 2026; and 35 of 403
Resolution No. 2026-XXX
Approve Clean Water Program Support

WHEREAS, on March 18, 2025, the City received a proposal from Larry Walker Associates, in the amount of $126,200, to assist the City with the Trash Load Reduction Compliance Reporting on private properties, such as commercial business properties; and
WHEREAS, in order to achieve compliance by June 30, 2026, staff requests to engage Larry Walker Associates through the Program Agreement to assist in the preparation of Trash Load Reduction Compliance Reporting; and WHEREAS, Public Works has included in the Two-Year Operating Budget approximately $145,000 per year for both Fiscal Year 2025-2026 and Fiscal Year 2026- 2027 for the City’s Annual Clean Water Program Contribution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves increasing the annual Clean Water Program Contribution by $126,200 in the Clean Water Fund (Fund 258) for FY 2025- FY 2026 to pay the City of Fremont for the services of Larry Walker Associates and authorizes the City Manager to sign the associated letter agreement, to achieve full compliance with MRP 3 by June 30, 2026.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on March 24, 2026, 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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Resolution No. 2026-XXX
Approve Clean Water Program Support

Attachments:

1. Exhibit A – ACCWP Agreement
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City Council Staff Report Page 1 of 3 March 24, 2026
Staff Report
Agenda Item No. 3.4
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with Consor North America, Inc., in the Amount of $260,000, for the Constructability Review as Part of the Construction Management Services for Phase 2 of the Quarry Lakes Parkway Project, City Project No. 18-04

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Consor North America, Inc., in the amount of $260,000, for the Constructability Review as part of the Construction Management Services for Phase 2 of the Quarry Lakes Parkway Project, City Project No. 18-04.

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

Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the buildout of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

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

Goal C, Strategy 18: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.

BACKGROUND
The Quarry Lakes Parkway project connecting Fremont and Union City from Mission Boulevard to I-880 was previously sponsored and managed for decades by Caltrans (where it was known as the Route 84 Corridor) and various Alameda County transportation agencies (where it was known as the East West Connector Project), most 47 of 403
Agenda Item No. 3.4
City Council Staff Report Page 2 of 3 March 24, 2026
recently by Alameda County Transportation Commission (Alameda CTC). On March 22, 2018, Alameda CTC approved the request from the City of Union City to be the project sponsor of the former East West Connector Project, assuming responsibility for the design, right-of-way certification, and construction, and on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the East West Connector Project to the Quarry Lakes Parkway Project (to reflect the roadway’s updated purpose as a local, multimodal corridor).

To better manage the project, the City divided the project into usable segments or phases that included Phase (Segment) 1: 7th Street Connection (7th Street to Mission Boulevard), Phase (Segment) 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road), Phase (Segment) 3: 11th Street Connection (11th Street to 7th Street), Phase (Segment) 4: Alvarado-Niles Road Connection and Grade Separations (BART and Oakland Subdivision) and Phase (Segment) 5: Paseo Padre Parkway and Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City).

The Quarry Lakes Parkway Project, City Project No. 18-04, is funded with 1986 Measure B funds, 2014 Measure BB funds, and other transportation funds administered by Alameda CTC, and most recently with Regional Measure 3 (RM3) Dumbarton Corridor Improvement Program funds administered by the Metropolitan Transportation Commission (MTC). The City of Union City has accepted over $9.0 million from the Alameda CTC Project Funding Agreement (PFA) No. A22-0053 for the Final Design of the Quarry Lakes Parkway Project, City Project No. 18-04, and over $16.0 million from MTC (see Exhibit A for List of QLP AlaCTC-MTC Funding Actions).

In early 2022, Mark Thomas & Company, Inc., was selected as the civil engineering firm to lead the Final Design of Quarry Lakes Parkway, Phase 1 and Phase 2, City Project No. 18-04, and has managed the redesign effort of the former East West Connector project with a local multimodal four-lane roadway to better adapt to the planned residential landuse, and to meet local “Complete Street” design criterial for this complex transportation project for the past years (See Exhibit B for List of MTCo Agreements Actions).

DISCUSSION
On December 22, 2025, the City of Union City released a Request for Proposal (RFP) for Constructability Review (Initial Scope of Work) and Construction Management Services (Future Work) for the Quarry Lakes Parkway, Phase 2 (Old Alameda Creek to AlvaradoNiles Road) Project followed by the issuance of Addendum No. 1, dated January 6, 2026, and Addendum No. 2, dated January 26, 2026 (see Exhibit C). A Pre-Proposal Meeting for interested construction management firms was held on January 15, 2026, at Studio 11 (see Exhibit D).

On January 29, 2026, the City of Union City received four (4) proposals from Consor North America, Inc., Ghirardelli Associates, CSG Consultants, Inc., and GFT Infrastructure, Inc. Interviews were held on February 26, 2026, with a selection panel consisting of staff from Public Works and the City Manager’s Office and the panel selected Consor North America, Inc. because of the firm’s highly experienced Project Management/Resident Engineer and inspectors, their thorough project understanding and local knowledge, favorable reference checks, and recently completed similar 48 of 403
Agenda Item No. 3.4
City Council Staff Report Page 3 of 3 March 24, 2026
roadway projects in Union City and Fremont, including the Union City Boulevard Bike Lanes Project, City Project No. 17-29.

Consor North America, Inc. will initially perform the constructability review of the Quarry Lakes Parkway, Phase 2, 95% PS&E (Plans, Specifications and Estimate), 100% PS&E Package and Final PS&E Package ready for advertisement as well as assistance with the contract bid package during advertisement period and upon satisfactory performance, the City may exercise the option to extend the contract for Construction Management Services.

Mark Thomas & Company, Inc., is scheduled to submit the completed 95% PS&E (Plans, Specifications, and Estimate) in late March 2025 for review and comments. The construction of the Quarry Lakes Parkway, Phase 2, is currently estimated at $33.0 million, with the completion of the Final PS&E Package scheduled for August 2026, followed by advertisement beginning in September 2026 and bid opening in late October 2026.

FISCAL IMPACT
The Consulting Services Agreement with Consor North America, Inc., for the Constructability Review as part of the Construction Management Services, in the amount of $260,000, will be funded with $250,000 from the Alameda CTC Project Funding Agreement No. A22-0053 in the Capital Projects Fund (Account Number 410-91804- 54115) and $10,000 from the SB-1 Road Maintenance and Rehabilitation Account (RMRA) Fund (Account Number 251-91804-57115), which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2025-2026 to Fiscal Year 2029-2030 for the Quarry Lakes Parkway Project, City Project No. 18-04.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Consor North America, Inc., in the amount of $260,000, for the Constructability Review as part of the Construction Management Services for Phase 2 of the Quarry Lakes Parkway Project, City Project No. 18-04.

Prepared by: Tommy Cho, Principal Engineer
Submitted by: Marilou Ayupan, Public Works Director
Attachments

1. Attachment 1 – List of Proposals Received

2. Attachment 2 – CSA with Consor North America, Inc.

3. Draft Resolution

4. Exhibit A – List of QLP AlaCTC-MTC Funding Actions

5. Exhibit B – List of MTCo Agreements Actions

6. Exhibit C - RFP and Addendums 1 and 2

7. Exhibit D – Pre-Proposal Meeting Attendance Sheet and Presentation 49 of 403

CITY OF UNION CITY
SUMMARY OF RFPs RECEIVED
PROJECT: Constructability Review (Initial Scope of Work) and Construction Management Services (Future Work) for Quarry Lakes Parkway, Phase 2 (Old Alameda Creek to Alvarado-Niles Road), City Project No. 18-04
PROJECT MANAGER: Marilou Ayupan, Public Works Director, [email protected] DATE: January 21, 2026
TIME: 5:00 p.m.

LOCATION: Public Works, 34009 Alvarado-Niles Road, Union City, CA 94587 No RESPONSES (UNRANKED, IN ALPHABETICAL ORDER ONLY)

1. Consor North America, Inc.

2. CSG Consultants, Inc.

3. GFT Infrastructure, Inc.

4. Ghirardelli Associates, Inc.
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CONSULTING SERVICES AGREEMENT

BETWEEN

THE CITY OF UNION CITY
AND
CONSOR NORTH AMERICA, INC.

FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
QUARRY LAKES PARKWAY PROJECT, PHASE 2
CITY PROJECT NO. 18-04
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Consor North America, Inc., a California corporation, with offices located at 2044 Franklin Street, Suite M1, Oakland, CA 94612, (“Consultant”), (together referred to as the “Parties”) as of March 24, 2026 (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 December 31, 2027, 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 51 of 403
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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 Two Hundred Sixty Thousand Dollars ($260,000), notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, 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;
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• 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.

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 cost. 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. 53 of 403
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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 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;
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general
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Personal Injury and
Advertising Liability
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
self-insurance program to
meet those requirements,
but only if the program of
self-insurance complies fully
with the provisions of the
California Labor Code. The
insurer shall waive all rights
of subrogation against the
City and its officers, officials,
employees, and volunteers
for loss arising from work
performed under this
Agreement.

D Professional
Liability/Errors &
Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy
aggregate; Any deductible or
self-insured retention shall
not exceed $150,000 per
claim.
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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.
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 56 of 403
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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 selfinsured 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
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• Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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

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

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

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 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, 58 of 403
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state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

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

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with 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.
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Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

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

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

8.6.1 Immediately terminate the Agreement;

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

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
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8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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

9.3 Inspection and Audit of Records. Any records or documents that Section

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

Section 10 MISCELLANEOUS PROVISIONS.

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

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

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement 61 of 403
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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% postconsumer 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 Marilou Ayupan ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Marilou Ayupan, PE
Public Works Director
City of Union City
34009 Alvarado-Niles Road
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Union City, CA 94587
[email protected]

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

Jaemin Park, PE
Project Manager
Consor North America, Inc.
2044 Franklin Street, Suite M1
Oakland, CA 94612
[email protected]
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
______________________________________
Seal and Signature of Registered Professional
with report/design responsibility.

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

Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Public Works Requirements

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY CONSOR NORTH AMERICA, INC.
______________________________ ______________________________________

JOAN MALLOY, CITY MANAGER IAN MACHAN, EXECUTIVE VICE PRESIDENT 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
Consor North America, Inc. team (Consultant) will support the City of Union City by providing constructability and bid-ability review, followed by providing construction management, inspection and material testing services for Quarry Lakes Parkway, Phase 2 (Old Alameda Creek to Alvarado-Niles Road), City Project No. 18.04 with a contract amendment. The construction phase is funded with Measure B funds administered through Alameda County Transportation Commission (Alameda CTC) and Regional Measure 3 (RM3) funds from Metropolitan Transportation Commission (MTC). The detailed Scope of Services are as follows:

PRE-CONSTRUCTION SERVICES
Consor team will perform constructability review of PS&E milestone submittals (95%, PS&E, 100% PS&E and Final PS&E) for Quarry Lakes Parkway, Phase 2 with red-lined plans and written comments to ensure contract documents are complete, fair and competitive for bidding a major roadway project similar to Caltrans PS&E complete bid package. Consultant will perform the reviews thoroughly and develop a list of items that will be needed for a complete and thorough bid package.

Performing the review will take several steps.
➢ Develop a review team to include resident engineer, deputy resident engineer, construction inspectors, and other experienced construction professionals from the team. Review of the contract documents will be led by Jaemin Park, with Tricia Baxter, Chris Kinser, and additional support by Thom Frequez of MNS, and James Wilcenski of MNS, who both have extensive experience with similar projects.
➢ Review and tabulate comments for review with the Mark Thomas & Company. ➢ perform comprehensive review with focus on quality of work, pay clauses and acceptance criteria, public convenience, project schedule, and existing conditions.
➢ Compare project plans and project specifications to verify that any conflicts or ambiguities are addressed.
➢ Meet with Design Consultant, Mark Thomas and the City to work out issues and concerns with the contract documents.
➢ Perform final review of plans, specifications and supporting documents in preparation of the final construction contract for advertisement of the project. ➢ Assist the City with management of the bid process from starting advertisement through the construction bid and award, as requested. • Work with City staff and the design team on preparation of addendums and answering of bid questions received in a timely manner. 67 of 403
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• Coordinate and participate in pre-bid meeting, review bids, bid bonds, insurance information to assist the City in selecting a qualified bidder for construction.

CONSTRUCTION SERVICES (FUTURE CONTRACT AMENDMENT)
Project Administration

1. Prepare documents for City approval to meet ACTC and State requirements following award of the construction contract.

2. Act as the single point of contact for all communications and coordination between the contractor, utility companies, regulatory agencies, local businesses and residents, designer, and the City.

3. Maintain close contact with City Project Manager, including sharing all correspondences, to ensure that the City is kept up to date on all project matters.

4. Prepare a monthly progress report to meet the City’s needs in presenting the project’s key issues and updates on cost and schedule status.

5. Manage submittals from the contractor, tracking date submitted, duration for review and making sure that submittals are reviewed and returned within the allotted time to prevent any delays.

6. Coordinate, manage and respond to Requests for Information (RFI’s) submitted by the contractor, including tracking RFI’s sent to the designers and/or other agencies for their timely response.

7. Coordinate and conduct meetings with the contractor, designer and oversight agencies for RFI’s, when appropriate to resolve and clarify complex issues.

8. Coordinate, conduct and summarize weekly progress meetings with the contractor during construction. Meeting may include design team and other oversight agencies.

9. Manage any necessary utility coordination for conflicts or relocation work required.

10.Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, and any other pertinent information in a daily diary for permanent record of events.

11.Monitor contractor’s construction activities for conformance with the approved Water Pollution Control Plan and NPDES General Permit requirements.

12.Maintain and enforce safety awareness for the protection of workers and public.

13.Project daily reports, photographs and video documentation of project progress and major work components will be done on a daily basis and kept for permanent records to support disputes and verify quality for acceptance.

14.Schedule and perform necessary sampling and testing of materials for the project in accordance with the specifications.
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15.Use a contract management system, which is based on the Caltrans Construction Manual and Caltrans Local Assistance Procedures Manual. Electronic forms and document control system will be implemented at project start up that can be tailored to fit the needs of the City and other partner, oversight and funding agencies.

16.Receive all contractor correspondence and prepare and transmit responses.

17.Review and approve contractor submittals required by the construction contract plans and specifications including traffic control plans, Water Pollution Control Plans, and various mix designs.

18.Review the contractor’s weekly certified payroll for compliance with prevailing wage requirements and conduct labor interviews.

19.Evaluate contractor's change order requests and claims and make recommendations to the City based on the merit and circumstances.

20.Review cost estimates and documentation for any contract change order work.

21.Negotiate and prepare any contract change orders with justification memorandums for the City’s approval.

22.Prepare quantity calculations, including any contract change orders, and progress pay estimates on a monthly basis.

23.Review contractor’s monthly invoices to verify accuracy and “sign-off” on construction progress pay estimates for City payment approval.

24.Monitor and report on project budget and construction status and provide any necessary info needed for funding reimbursements.

25.Provide construction contract accounting, filing and administration in accordance with City, ACTC, State and Federal requirements.

26.Support all project work with documentation to meet the contract requirements for acceptance.

27.Review contractor’s traffic control plans with City Project Manager and City Departments for acceptability prior to approval.

28.Review contractor’s planned schedule for conformance with the specifications and for reasonableness of the sequence and duration of the activities.

29.Review work progress as compared to the planned schedule and notify contractor of schedule slippage.

30.Prepare and distribute accurate Weekly Statement of Working Day reports to track project time.

31.Identify actual and potential problems associated with the construction project and recommend sound engineering solutions to the City Project Manager.

32.Analyze, negotiate and resolve any potential claims.

Inspection and Materials Testing

1. Work will be tracked in relation to the items of work on the contract with an estimate of hours worked for each activity.

2. Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, traffic control and any other pertinent information in a daily diary for permanent record of events.
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3. Inspect the construction elements of the project as required by the construction contract plans and specifications.

4. Take photographs and videos of project progress and major work components on a weekly basis and file for permanent records to support disputes and verify quality for acceptance.

5. Necessary sampling and testing of materials will be performed by AME for the project in accordance with the specifications.

6. Arrange for specialty inspection, such as source inspection to ensure compliance with the contract.

7. Quality Assurance Program (QAP) indicating all the materials testing requirements for the project. All the record keeping and testing frequencies for the materials specified on the project will be listed in this manual and followed through the project. Other materials which do not require testing but can be accepted based on the Certificate of Compliance will be listed in this manual.

8. Analyze records of materials used in the project in accordance with ASTM and California Standard Test Methods.

9. Review test data and materials certifications submitted by the contractor and suppliers for compliance with the contract requirements.

10.Document & develop deficiency reports on unacceptable work to meet the City’s reporting requirements and ensure that corrective work is completed and documented as such.

11.Maintain and enforce safety awareness for the protection of workers and public.

12.Monitor daily traffic control for both vehicles and pedestrians and modify as necessary to improve public convenience and/or safety.

13.Perform during construction drone video including mapping in northbound and southbound directions as requested by City.

Public and Community Outreach

1. Implement cost-effective outreach methods to disseminate project information and build consensus with key stakeholders.

2. Assist in organization and execution of any public outreach meetings and events.

3. Set up, monitor and update project website, hotline, and social media sites.

4. Work with the City to link City’s website with project sites.

5. Provide accurate and timely project updates on a weekly basis of the work performed and upcoming work.

6. Answer questions from the public concerning the project work and schedule, by meeting them in person (if possible) or at least via e-mail or phone call.

7. Ensure all street closure notifications are posted timely and accurately. And the closures are approved by the appropriate agency prior to implementation.

Accordingly, all the signs are posted accurately per approved plans for closures.

8. Coordinate and communicate with adjacent businesses and residents to minimize impacts and maintain a neighborly reputation for the project. Address public concerns on a daily, weekly, and monthly basis, as needed. 70 of 403
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9. We will be available to answer questions on an ongoing basis and for any meetings. We will report the current status of the project’s schedule to the City on a daily, weekly and monthly basis through meetings and progress report requests.

ACTC Funding Support
Construction Phase Programming and Reimbursement Assistance for Alameda CTC Funding Assist in organization and execution of any public outreach meetings and events.

1. Facilitation of approvals of documents needed for the obligation and administration of Alameda CTC funding including tracking of funding details, requirements, and milestones.

Documents include but are not limited to:
o Local Business Contract Equity Semi-Annual Reports.
o Semi-Annual Progress Reports.
o TFCA Annual Reports.
o Alameda CTC Project Funding Agreement Amendment Requests, as needed.

2. Reimbursement requests for construction invoices.

3. Closeout document preparation.

Documents include but are not limited to:
o TFCA Final Report.
o Alameda CTC Final Report.

Bicycle and Pedestrian Advisory Committee (BPAC) Meeting Updates Provide necessary meeting updates and information on the project works as needed and requested by the City.

POST CONSTRUCTION SERVICES

1. Inspect work as it is completed. Develop punch list for any needed corrections as the work progresses.

2. Conduct, review, and follow up on inspection work to assure completion of the contract including any punch list items of work.

3. Perform final inspection of all work for acceptance.

4. Finalize all bid items and change order totals for the project’s Final Progress Payment.

5. Provide recommendation and supporting information to resolve any outstanding potential claims.

6. Work with the contractor’s staff to prepare and transition, official and accurate construction record drawings and Final Reports required. 71 of 403
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7. Prepare all required documents for project close-out for the City. We will complete all documents including - Report of Completion, Final Inspection Report, Detailed Estimate and Summary, Change Order Summary, Final Utilization of LBE/VSLBE Contractors, Report of Expenditures, As-builts, and Final Invoice.

8. Perform post construction drone video including mapping in northbound and southbound directions as requested by City.

9. Submit all records and documents to the City upon final completion of the project.

10.Perform any additional services as requested by the City. 72 of 403
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EXHIBIT B

COMPENSATION
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EXHIBIT B.1

HOUR RATE SCHEDULE
Jaemin Park $315.00/hr
Tom Fresquez $325.00/hr
Tricia Baxter $275.00/hr
Chris Kinser $202.00/hr
Chris Kinser Overtime Rate $303.00/hr
Andy Bodo $195.00/hr
Andy Bodo Overtime Rate $292.50/hr
Rate increase of 3% in January of each year.
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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 oneand-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 77 of 403
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the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.

If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

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

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

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

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

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

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

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

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. 78 of 403
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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.

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.
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RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING
SERVICES AGREEMENT WITH CONSOR NORTH AMERICA, INC., IN
THE AMOUNT OF $260,000, FOR THE CONSTRUCTABILITY REVIEW

AS PART OF THE CONSTRUCTION MANAGEMENT SERVICES FOR
PHASE 2 OF THE QUARRY LAKES PARKWAY PROJECT, CITY
PROJECT NO. 18-04
WHEREAS, the Quarry Lakes Parkway project connecting Fremont and Union City from Mission Boulevard to I-880 was previously sponsored and managed for decades by Caltrans (where it was known as the Route 84 Corridor) and various Alameda County transportation agencies (where it was known as the East West Connector Project), most recently by Alameda County Transportation Commission (Alameda CTC); and WHEREAS, on March 22, 2018, Alameda CTC approved the request from the City of Union City to be the project sponsor of the former East West Connector Project, assuming responsibility for the design, right-of-way certification, and construction, and on February 12, 2019, the City Council adopted Resolution No. 5444-19, which authorized renaming the East West Connector Project to the Quarry Lakes Parkway Project (to reflect the roadway’s updated purpose as a local, multimodal corridor); and WHEREAS, to better manage the Project, the City divided the Project into usable segments or phases that included Phase (Segment) 1: 7th Street Connection (7th Street to Mission Boulevard), Phase (Segment) 2: Gateway Connection (Old Alameda Creek to Alvarado-Niles Road), Phase (Segment) 3: 11th Street Connection (11th Street to 7th Street), Phase (Segment) 4: Alvarado-Niles Connection & Grade Separations (BART and Oakland Subdivision) and Phase (Segment) 5: Paseo Padre Parkway & Bike Trail Connection (Paseo Padre Parkway in Fremont to Old Alameda Creek in Union City); and WHEREAS, the Quarry Lakes Parkway Project, City Project No. 18-04, is funded with 1986 Measure B funds, 2014 Measure BB funds, and other transportation funds administered by Alameda CTC, and most recently with Regional Measure 3 (RM3) Dumbarton Corridor Improvement Program funds administered by the Metropolitan Transportation Commission (MTC), and;
WHEREAS, the City of Union City has accepted over $9.0 million from the Alameda CTC Project Funding Agreement (PFA) No. A22-0053 for the Final Design of the Quarry Lakes Parkway Project, City Project No. 18-04, and over $16.0 million from MTC (see Exhibit A for List of QLP AlaCTC-MTC Funding Actions); and WHEREAS, in early 2022, Mark Thomas & Company, Inc., was selected as the civil engineering firm to lead the Final Design of Quarry Lakes Parkway, Phase 1 and Phase 2, City Project No. 18-04 and has managed the redesign effort of the former East West Connector project with a local multimodal four-lane roadway to better adapt to the planned residential land-use, and to meet local “Complete Street” design criterial for this complex transportation project for the past years (see Exhibit B for List of MTCo Agreements Actions); and
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WHEREAS, on December 22, 2025, the City of Union City released a Request for Proposal (RFP) for Constructability Review (Initial Scope of Work) and Construction Management Services (Future Work) for the Quarry Lakes Parkway, Phase 2 (Old Alameda Creek to Alvarado-Niles Road) Project followed by the issuance of Addendum No. 1, dated January 6, 2026, and Addendum No. 2, dated January 26, 2026 (see Exhibit C); and
WHEREAS, a Pre-Proposal Meeting for interested construction management firms was held on January 15, 2026, at Studio 11 (see Exhibit D); and WHEREAS, on January 29, 2026, the City of Union City received four (4) proposals from Consor North America, Inc., Ghirardelli Associates, CSG Consultants, Inc., and GFT Infrastructure, Inc. Interviews were held on February 26, 2026, with a selection panel consisting of staff from Public Works and the City Manager’s Office and the panel selected Consor North American, Inc. because of the firm’s highly experienced Project Manager/Resident Engineer and inspectors, their thorough project understanding and local knowledge, recently completed similar roadway projects in Union City and Fremont, and favorable reference checks; and
WHEREAS, Consor North America, Inc. will initially perform the constructability review of the Quarry Lakes Parkway, Phase 2, 95% PS&E (Plans, Specifications and Estimate), 100% PS&E Package and Final PS&E Package ready for advertisement as well as assistance with the contract bid package during advertisement period and, upon satisfactory performance, the City may exercise the option to extend the contract for Construction Management Services; and.

WHEREAS, Mark Thomas & Company, Inc., is scheduled to submit the completed 95% PS&E (Plans, Specifications, and Estimate) in late March 2025 for review and comments; and
WHEREAS, the construction of the Quarry Lakes Parkway, Phase 2, is currently estimated at $33.0 million, with the completion of the Final PS&E Package scheduled for August 2026 and advertisement beginning in September 2026, followed by bid opening in late October 2026; and
WHEREAS, the Consulting Services Agreement with Consor North America, Inc., for Construction Management Services for the Constructability Review, in the amount of $260,000, will be funded with $250,000 from the Alameda CTC Project Funding Agreement No. A22-0053 in the Capital Projects Fund (Account Number 410-91804- 54115) and $10,000 from the SB-1 Road Maintenance and Rehabilitation Account (RMRA) Fund (Account Number 251-91804-57115), which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2025-2026 to Fiscal Year 2029-2030 for the Quarry Lakes Parkway Project, City Project No. 18-04.

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 Consor North America, Inc., in the amount of $260,000, for the Constructability Review as part of the Construction Management Services for the Quarry Lakes Parkway Project, City Project No. 18-04.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on March 24, 2026, 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 – List of QLP AlaCTC-MTC Funding Actions

2. Exhibit B – List of MTCo Agreements Actions

3. Exhibit C – CM RFP and Addendums 1 and 2

4. Exhibit D – Pre-Proposal Meeting Attendance Sheet and Presentation 82 of 403
RESO # DATE RESOLUTION ACTION
5374-18 8/14/2018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY TO APPROVE

FUNDING AGREEMENT BETWEEN ALAMEDA COUNTY TRANSPORTATION COMISSION AND THE CITY OF UNION CITY FOR I-880 TO SR 238 (MISSION BLVD) EAST WEST CONNECTOR; APPROVE TWO AGREEMENTS FOR PRELIMINARY ENGINEERING

SERVICES WITH UNION PACIFIC RAILROAD IN CONJUNCTION WITH SEGMENT C OF THE EAST WEST CONNECTOR IN THE AMOUNT NOT TO EXCEED $100,000 EACH;

APPROVE DESIGN AGREEMENT BETWEEN CITY OF UNION CITY AND SAN FRANCISCO

BAY AREA RAPID TRANSIT FOR THE CONSTRUCTION OF SEGMENT C OF THE EAST WEST CONNECTOR PROJECT IN THE AMOUNT NOT TO EXCEED $605,000; APPROVE

CONSULTING AGREEMENT BETWEEN THE CITY OF UNION CITY AND TYLIN FOR VALUE ENGINNERING SERVICES FOR THE QUA CITY PROJECT 18-04, IN THE AMOUNT OF $30,000; AND APPROPRIATE $2,500,000 FROM THE CAPITAL PROJECTS FUND 4100 TO CITY PROJECT 18-04
5444-19 2/12/2019

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROPRIATING $75,000 OF UNALLOCATED DISPA FUND (FUND 2660) AND APPROVING AN

AGREEMENT WITH MARK THOMAS & COMPANY, INC FOR THE MULTIMODAL STUDY FOR QUARRY LAKES PARKWAY, CITY PROJECT NO. 18-04 (INCLUDES AUTHORIZING THE RENAMING OF THE I-880 TO MSSION BOULEVARD/EAST WEST CONNECTOR

PROJECT TO THE QUARRY LAKES PARKWAY PROJECT
5504-19 7/9/2019

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY DECLARING A PUBLIC

PURPOSE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A

PURCHASE AND SALE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF CERTAIN EXCESS ROUTE 84 PROPERTIES 5720-21 3/9/2021

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE

EXECUTION OF A PROJECT FUNDING AGREEMENT AND THE COMMITMENT OF FUNDING FROM THE 2014 MEASURE BB TRANSPORTATION EXPENDITURE PLAN FOR

THE DUMBARTON CORRIDOR AREA TRANSPORTATION IMPROVEMENT PROJECT TO THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04 5721-21 3/9/2021

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE

EXECUTION OF A PROJECT FUNDING AGREEMENT AND THE COMMITMENT OF FUNDING FROM THE 2014 MEASURE BB TRANSPORTATION EXPENDITURE PLAN FOR

THE UNION CITY INTERMODAL STATION PROJECT TO THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
5841-21 10/12/2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $4.2

MILLION GRANT FROM ALAMEDA COUNTY TRANSPORATION COMMMISSION (ALAMEDA CTC), PROJECT FUNDING AGREEMENT NO. A22-0053 FOR FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR QUARRY LAKES PARKWAY (EAST WEST CONNNECTOR) PROJECT, CITY PROJECT NO. 18-04
SUMMARY OF CITY COUNCIL ACTIONS FOR FUNDING (2018-2026) 83 of 403
2025-006 1/14/2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE ALAMEDA COUNTY

TRANSPORATION COMMISSION (ALAMEDA CTC) PROJECT FUNDING AGREEMENT (PFA) NO. A22-0053, TO ACCEPT AN ADDITIONAL $801,191, FOR A TOTAL PFA OF $5,001,191, FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR THE QUARRY LAKES PARKWAY (EAST WEST CONNECTOR) PROJECT, CITY PROJECT NO. 18- 04, AND AMENDING THEFY 2024-2025 CAPITAL PROJECTS FUND BUDGET 2025-007 1/14/2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE

CITY MANAGER TO SUBMIT AN ALLOCATION REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) FROM THE REGIONAL MEASURE 3

DUMBARTON CORRIDOR IMPROVEMENTS PROGRAM, IN THE AMOUNT OF $3,507,000, AND ACCEPTING ALAMEDA COUNTY TRANSPORTATION COMMISSION’S

DESIGNATION OF THE CITY OF UNION CITY AS IMPLEMENTING AGENCY FOR THE UNION CITY QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04 2025-087 6/24/2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE ALAMEDA COUNTY TRANSPORATION COMMMISSION PROJECT FUNDING AGREEMENT NO. A22-0053 TO ACCEPT AN ADDITIONAL $3,995,000, FOR A TOTAL AMOUNT OF $8,996,191, FOR THE FINAL DESIGN OF PHASE (SEGMENT) 2 FOR THE QUARRY LAKES PARKWAY (EAST WEST CONNNECTOR) PROJECT, CITY PROJECT NO. 18-04
2025-097
see revised
funding
request
below
7/8/2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE

CITY MANAGER TO SUBMIT AN ALLOCATION REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FROM THE REGIONAL MEASURE 3 DUMBARTON

CORRIDOR IMPROVEMENTS PROGRAM AND ACCEPTING ALAMEDA COUNTY TRANSPORTATION COMMISSION’S DESIGNATION OF THE CITY OF UNION CITY AS

IMPLEMENTING AGENCY FOR THE UNION CITY QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
see original
on
07/08/25
(Reso. No.
2025-097)
9/23/2025

RECEIVE A REPORT ON THE REVISED FUNDING ALLOCATION REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FROM THE REGIONAL MEASURE 3

DUMBARTON CORRIDOR IMPROVEMENTS PROGRAM FOR QUARRY LAKES PARKWAY, CITY PROJECT NO. 18-04
2026-017 2/10/2026
RESOLUTION ACCEPTING $16,728,000 FROM THE REGIONAL MEASURE 3

DUMBARTON CORRIDOR IMPROVEMENT PROGAM OF THE METROPOLITAN

TRANSPORTATION COMMISSSION, INCREASING THE REVENUE PROJECTIONS IN THE CAPITAL PROJECTS GRANTS FUND BY $16,728,000 AND APPROPRIATING THE $16,728,000 TO THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04. 84 of 403
RESO # DATE RESOLUTION ACTION
5444-19 2/12/2019

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROPRIATING $75,000 OF UNALLOCATED DIPSA FUNDS (FUND 2660) AND APPROVING AN AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR THE MULTIMODAL STUDY FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04 5681-20 10/27/2020

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE AN CONSULTANT AGREEEMENT WITH MARK THOMAS & COMPANY, INC. FOR THE PRELIMINARY ENGINEERING SERVICES FOR THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04 AND TO APPROPRIATE $177,700 FROM DISPA (FUND 4100) AND MEASURE BB (FUND 2545)
5878-22 1/11/2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR THE PRELIMINARY ENGINEERING (30% DESIGN) OF PHASES (SEGMENTS) 1 AND 2 FOR QUARRY LAKES PARKWAY (EAST WEST CONNECTOR), CITY PROJECT NO. 18-04, IN THE AMOUNT OF $1,200,000
6045-22 11/22/2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC., FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR QUARRY LAKES PARKWAY (EAST WEST CONNECTOR), CITY PROJECT NO. 18-04, IN THE AMOUNT OF $3,000,000 6046-22 11/22/2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC., FOR THE PRELIMINARY ENGINEERING (30% FINAL DESIGN) OF THE EAST WEST CONNECTOR (QUARRY LAKES PARKWAY, PHASES 3 AND 4) PROJECT, CITY PROJECT NO. 18-04, IN THE AMOUNT OF $2,087,600, AND APPROPRIATING $208,760 FROM THE UNASSIGNED FUND BALANCE OF THE SB-1 FUND
2025-021 2/11/2025

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 MARK THOMAS & COMPANY, INC., IN THE AMOUNT OF $801,191, FOR THE FINAL DESIGN OF PHASES (SEGMENTS) 1 AND 2 FOR THE QUARRY LAKES PARKWAY (EAST WEST CONNECTOR) PROJECT, CITY PROJECT NO. 18-04, FOR A TOTAL CONTRACT AMOUNT OF $5,001,191
2025-117 8/12/2025

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC., IN THE AMOUNT OF $2,988,000, FOR A TOTAL CONTRACT AMOUNT OF $7,989,191, FOR THE FINAL DESIGN OF PHASE (SEGMENT) 2 FOR THE QUARRY LAKES PARKWAY (EAST WEST CONNECTOR) PROJECT, CITY PROJECT NO. 18-04
2026-027 3/10/2026

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC., IN THE AMOUNT OF $2,578,000, FOR A TOTAL CONTRACT AMOUNT OF $10,567,191, FOR THE FINAL DESIGN OF PHASE (SEGMENT) 1 OF THE QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04 SUMMARY OF CITY COUNCIL ACTIONS FOR MARK THOMAS (2019-2026) 85 of 403

REQUEST FOR PROPOSAL (RFP)

FOR CONSTRUCTABILITY REVIEW (INITIAL

SCOPE OF WORK) AND CONSTRUCTION

MANAGEMENT SERVICES (FUTURE WORK)
Quarry Lakes Parkway, Phase 2
(Old Alameda Creek to Alvarado-Niles Road)
CITY PROJECT NO. 18-04
Marilou R. Ayupan, P.E.

Public Works Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]

RFP SCHEDULE
Issue RFP December 22, 2025 (Monday)
City Hall Closure December 23, 2025 to January 2, 2026
Deadline to Submit Questions January 13, 2026 (Tuesday) Deadline for Submit Proposal January 21, 2026, by 5:00 p.m. (Tuesday) Interviews & Check References Week of January 26-30, 2026 Award Consultant Service Agreement February 11, 2026 (Tuesday) 86 of 403

TABLE OF CONTENTS
INTRODUCTION :............................................................................................................1 A) About RFP ……...............................................................................................1 B) Project Background ……….................................................................................1 I. INSTRUCTIONS.....................................................................................................6 II. PROPOSER’S MINIMUM QUALIFICATIONS........................................................9 III EVALUATION AND SELECTION ..........................................................................9 IV PROPOSAL FORMAT AND CONTENT ...............................................................10 V ALAMEDA CTC REQUIREMENTS …………………...........................................12 VI PREVAILING WAGE REQUIREMENTS...............................................................12 VII INDEMNITY AND INSURANCE REQUIREMENTS..............................................12 VIII PROTESTS .........................................................................................................13 IX SCOPE OF WORK ...............................................................................................13 X. ADMINISTRATIVE SUBMITTALS .........................................................................14 APPENDICES .......................................................................................................

A) Final Design Milestone Schedule
B) Draft Scope of Services
C) Professional Service Agreement
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INTRODUCTION:

A) About Request for Proposal (RFP)
Union City Public Works is soliciting proposals from qualified professional engineering firms to provide Constructability Review along with Construction Management Services (including Construction Administration, Construction Inspection and Material Testing) for the Quarry Lakes Parkway Project, Phase 2 (Old Alameda Creek to Alvarado-Niles Road), City Project No.18-04 (“Project”).

The initial contract fee to perform the Constructability Review of the Quarry Lakes Parkway, Phase 2, milestone PS&E submittals (95%, 100% and Final PS&E) is estimated at $260,000. The consulting services contract will be funded with Amendment No. 3 of Project Funding Agreement No. A22-0053 between Alameda County Transportation Commission (Alameda CTC) and the City of Union City (“City”) for the Quarry Lakes Parkway/East West Connector Project and with Union City’s Local State SB-1 funds as identified in approved Five-Year Capital Improvement Plan (CIP). For your reference, see Exhibit A for Alameda CTC Project Funding Agreement.

A future contract amendment will be issued for Construction Management Services of the Project at the discretion of the City (including Construction Administration, Inspection and Material Testing).

B) Project Overview
Quarry Lakes Parkway (formerly the East West Connector) will construct a new multimodal transportation corridor between I-880 in Fremont and Mission Boulevard (Route 238) in Union City in southern Alameda County. This new corridor will improve local access and circulation for all transportation modes (pedestrians, bikes, transit and vehicles), supporting approximately 2,000 new housing units, allowing the build-out of the Station District area at the Union City BART Station, and providing connectivity between local and regional parks. Alameda CTC was the lead ageny in the Project Appproval/Enviromental Documention Phase, see link below. https://www.alamedactc.org/programs-projects/multimodal-arterial-roads/quarry-lakesparkway-project In 2018, Alameda CTC transferred the project responsibilities to local cities for implementation. City of Fremont is the lead agency for the Decoto Road Complete Streets segment between I-880 and Paseo Padre Parkway, see link below. https://www.fremont.gov/government/departments/public-works/public-worksprojects/decoto-road-complete-streets City of Union City is the lead agency for Quarry Lakes Parkway, Phases 1-4, between Old Alameda Creek (Fremont City Limits) and Mission Boulevard (Route 238) within the Union City, see link below.
https://www.unioncityca.gov/499/Quarry-Lakes-Parkway-Project 88 of 403
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The proposed Quarry Lakes Parkway (QLP) Project, Phases 1 through 4, from Mission Boulevard to Old Alameda Creek (City Project No. 18-04) (project) includes a new 0.9- mile roadway alignment located in southern Alameda County, California (Figure 1). The project is intended to improve local traffic circulation, bicycle and pedestrian access, transit connectivity, and east-west access between Mission Boulevard and the realigned Quarry Lakes Drive near Old Alameda Creek. Construction will occur within a corridor that was historically reserved for the realignment of State Route (SR) 84. The proposed project provides bike lanes, sidewalks or trails along its entire length, creating a continuous bike and pedestrian corridor from Mission Boulevard to the realigned Quarry Lakes Drive. The proposed roadway and associated infrastructure improvements are described in detail in the following sections.

Quarry Lakes Parkway, Phase 5 (between Paseo Padre Parkway and Old Alameda Creek) is located within both the cities of Fremont and Union City and is expected to be the last segment constructed in the future. See Exhibit below for the limits of Decoto Complete Streets and Quarry Lakes Parkway in the cities of Fremont and Union City.

QUARRY LAKES PARKWAY, PHASES 1 AND 2 – FINAL DESIGN PHASE The 65% Design Plans of the former East West Connector Project had to be fully evaluated, reviewed and redesigned to meet current design standards such as Caltrans 89 of 403
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“Complete Streets” Design Guidelines, California MUTD, RWQCB storm water requirements and has to adapt to the City’s General Plan, Station District Specific Plan, Local Roadway Safety Plan and other city documents. The redesigns had to be presented to the community through City Council updates, Bicycle and Pedestrian Advisory Committee (BPAC) updates, and other community meetings.

Quarry Lakes Parkway, Phase 1; 7th Street to Mission Boulevard (Route 238) The Final Design of QLP, Phase 1, is approximately 6 months behind QLP, Phase 2.

There will be a separate RFP for the Constructability Review and Construction Management Services for QLP, Phase 1. Below is the project description of Phase 1 for your reference.

Phase 1 will construct a new roadway from 7th Street to Mission Boulevard (SR 238) near Appian Way. 7th Street will be realigned to curve west fronting the City’s Corporation Yard (Corp Yard) and the new parking lot. This phase will implement improvements at the Mission Boulevard (SR 238) intersection and a new intersection at 7th Street and Chesapeake Drive.
• Mission Boulevard (SR 238) Intersection - This phase includes widening of Mission Boulevard, adding two left-turn lanes from northbound Mission Boulevard to the new QLP Project, two right-turn lanes from southbound Mission Boulevard to the QLP Project at the intersection of Mission Boulevard (SR 238), and associated drainage improvements. This new connection with a Mission Boulevard will improve overall traffic circulation throughout the corridor and provide new access for residents into Appian Way.
• Connection to Corp Yard & Drigon Dog Park - Phase 1 realigns 7th Street, provides a formalized intersection with improved access for residents into Chesapeake Drive, and provides additional parking for the Corp Yard and Drigon Dog Park. This also includes the construction of a new sidewalk or multi-use path along the west leg to create a 3-leg intersection. 90 of 403
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• Realignment of Line M Channel - Phase 1 will construct a new Line M channel, overflow structure, and box culvert. This phase involves all 7th Street and QLP Project drainage improvements within phasing limits to connect to the new culvert.
• Drainage Facilities - This phase constructs water quality bioretention areas adjacent to the proposed sidewalks and within the proposed parking lot. These water quality bioretention areas will provide treatment and hydromodification mitigation for Phase 1 before discharging to Line M Channel.

Quarry Lakes Parkway, Phase 2: Old Alameda Creek to Alvarado-Niles Road Quarry Lakes Parkway, Phase 2 will construct a new roadway between Old Alameda Creek and Alvarado-Niles Road. It will realign Quarry Lakes Drive (QLD) from Quarry Lakes Regional Recreation Area to the new Quarry Lakes Parkway and create a new intersection with QLD. This phase also includes construction of a new outfall to Old Alameda Creek and a water quality basin.
• Alvarado-Niles Road Intersection - This phase will construct the QLP and Alvarado-Niles Road intersection as a four-leg intersection with associated drainage improvements. It will connect to the existing sidewalk on the north side of the new intersection, and a new multi-use path will be provided on the south side.
• QLD Intersection and QLD Realignment - This phase will realign QLD from Quarry Lakes Regional Recreation Area to the new Quarry Lakes Parkway.

It will construct a new two-leg QLP and QLD intersection while limiting roadway and streetscape improvements along the south leg and ending earthwork limits before Old Alameda Creek. All improvements along QLD and the roadway between the proposed water quality basin to Quarry Lakes Parkway.
• Monterra Terrace/Osprey Drive/Alvarado-Niles Road Intersection - Phase 2 will construct conform along Alvarado-Niles Road, including modifications to the intersection and traffic signal at the Monterra Terrace/Osprey Drive intersection.
• Drainage Facilities:
o Line M overflow - This phase constructs the portion of the 60-inch reinforced concrete pipe (RCP) overflow pipe from east of AlvaradoNiles Road to Old Alameda Creek. It will carry Line M diversion water and outfall to Old Alameda Creek approximately 100 feet southwest from the new QLP/QLD intersection. The outfall will include construction of a headwall, wingwalls, flap gates, and rock slope protection.
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o Water Quality Basin - Phase 2 will construct a water quality basin south of QLD to provide treatment for the roadway and adjacent new development runoff. The water quality basin will discharge to Old Alameda Creek at the same outfall as the Line M overflow. Old Alameda Creek will provide hydromodification mitigation for stormwater runoff from the new roadway and the proposed New Development.
o Best Management Practices (BMP), Pump Station, and Drainage Facilities - This phase will include the construction of drainage improvements south of Alvarado-Niles Road that would be connected to a newly built Pump Station near QLD/QLP intersection, just west of the water quality basin. This pump station would be activated to pump runoff to the water quality basin and will be designed for a water quality storm event.

The construction phase will be funded with the grant funds identified in the Alameda CTC Project Funding Agreement and Regional Measure 3 Toll Measure Funds as presented to City Council at the late September 2025 meeting. For your reference, see Exhibit B for Council Presentation.
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I. INSTRUCTIONS TO PROPOSERS
A. PROCUREMENT SCHEDULE: The City’s procurement schedule dates are listed in the table below. All dates set forth in this RFP are subject to change at City’s sole discretion and will be provided to persons submitting a proposal under this RFP (“Proposers”) as an addendum. All time references in this RFP are in Pacific Time.

RFP SCHEDULE
Issue RFP December 22, 2025 (Monday)
City Hall Closure December 23, 2025 to January 2, 2026
Deadline to Submit Questions January 13, 2026 (Tuesday) Deadline for Submit Proposal January 21, 2026, by 5:00 p.m. (Wednesday) Interviews & Check References Week of January 26-30, 2026 Award Consultant Service Agreement February 11, 2026
*Note: City Hall Lobby at 34009 Alvarado-Niles Road, Union City, CA 94587 is open from 9:00 AM to 5:00 PM Monday through Thursday and 9 AM to 12 PM on the alternating Fridays that City Hall is open. Deliver all proposals to the Public Works Counter.

B. DESIGNATED POINT OF CONTACT: All communications with the City shall be in writing (US mail/email) to the Designated Point of Contact identified below. All emails must indicate in the subject line “RFP Quarry Lakes Parkway Project, Phase 2, City Project No. 18-04”. No telephone calls will be accepted. Proposers are prohibited from contacting anyone (including City Council members and other City staff) other than the Designated Point of Contact.

The Designated Point of Contact for this procurement shall be as follows:

Marilou Ayupan, Public Works Director
City of Union City
Public Works Department
34009 Alvarado Niles Road
Union City, CA 94587
Email: [email protected]
C. EXAMINATION OF PROPOSAL DOCUMENTS: By submitting a proposal, the Proposer represents that they have thoroughly examined and become familiar with the work required under this RFP, and that they are capable of performing quality work to achieve the City’s objectives. The 95% PS&E submittal is available to any firm interested in obtaining a copy after January 8, 2026. Please contact Erika Cramer at the City’s Public Works Department ([email protected]). 93 of 403
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D. ADDENDA/CLARIFICATIONS: Questions or comments regarding this RFP must be submitted in writing and must be received by City no later than 5:00 p.m. on January 13, 2026. Email questions must be submitted to the Designated Point of Contact listed above and shall include line “RFP Quarry Lakes Parkway, Phase 2, City Project No. 18-04” in the subject line.

Responses from the City will be communicated in writing to all recipients of this RFP and published on the City online procurement website.

NOTHING RELIEVES PROPOSERS FROM BEING BOUND BY ADDITIONAL TERMS AND CONDITIONS IN ADDENDA.

E. SUBMISSION OF PROPOSALS: All proposals shall be submitted to the Designated Point of Contact no later than 5:00 p.m. on January 21, 2026. If proposal is submitted in person, please deliver to the Public Works Counter in the City Hall lobby at 34009 Alvarado-Niles Road, Union City, CA 94587 (please note the City Hall lobby is open from 9:00 AM to 5:00 PM Monday through Thursday and 9 AM to 12 PM on the alternating Fridays that City Hall is open).

The Proposer shall submit five (5) printed copies and one (1) copy of the proposal in an electronic format in the form of a CD, DVD, or flash drive accompanied by a separate and sealed envelope.

The package must bear the Proposer’s name and address, and be clearly labeled as follows: “RFP Quarry Lakes Parkway, Phase 2- City Project No. 18-04” All responses, inquiries, and correspondence related to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Proposer and submitted as part of the proposal will become the property of t he City when received by the City and may be considered public information under applicable law. Any proprietary information in the proposal should be identified as such.

The City does not typically disclose proprietary information to the public, unless required by law; however, the City cannot guarantee that such information will be held confidential.

F. WITHDRAWAL OF PROPOSALS: A Proposer may withdraw their proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering to the Designated Point of Contact a written request for withdrawal signed by, or on behalf of, the Proposer.

G. RIGHTS OF CITY: The City may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by the Proposer, and require additional evidence or qualifications to perform the services described in this RFP.

The City reserves the right to:
 Reject any or all proposals.
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 Issue subsequent Requests for Proposal.
 Postpone opening/review of proposals for its own convenience.  Remedy technical errors in the Request for Proposal process.  Approve or disapprove the use of specific subcontractors.  Solicit best and final offers from all or some of the Proposers.  Award a professional services agreement to one or more Proposers.  Waive informalities and irregularities in proposals.
 Conduct interviews at its discretion.

H. AGREEMENT TYPE: It is anticipated that the City will award a consulting services agreement (“Agreement”). The City standard agreement is included in Appendix B. If awarded, the Agreement compensation will be cost-plus-fixed-fee not to exceed maximum dollar amount. This RFP does not commit the City to enter into such an agreement, nor does it obligate the City to pay for costs incurred in the preparation or submission of proposals or in anticipation of entry into an Agreement.

I. COLLUSION: By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not, directly or indirectly, induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

J. AUDIT REPORT/REQUIREMENTS: Proposers must agree to abide by the requirements in Chapter III, paragraph 4 of FTA Circular 4220.1F. and Alameda CTC requirements. Every Proposer that has been the subject of any audit report by any government or public agency or qualified independent CPA must attach with its proposal the latest such audit report, including direct labor, materials, fringe benefits and general overhead.

Proposers must also agree to submit cost or pricing data in accordance with 48 CFR Part 15.408 Table 15-2 prior to award of the contract.

K. ECONOMIC INTEREST FORM 700: The Proposer’s key point of contact, as well as other positions within his or her firm determined by the City to be participating in the making of governmental decisions, will be required to file a Form 700, the financial disclosure form mandated by the Fair Political Practices Commissions (FPPC). The Form 700 will be required to be filed upon execution of the Agreement in which the City retains the services of the Proposer, annually thereafter, and upon separation of services pursuant to FPPC rules and regulations.

L. INCORPORATION OF EXHIBITS & ATTACHMENTS: All exhibits and attachments referenced in this RFP are incorporated herein by this reference.

II. PROPOSER’S MINIMUM QUALIFICATIONS
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A. REQUIRED MINIMUM QUALIFICATIONS: The following qualifications are the minimum required qualifications that a Proposer must have in order for a proposal to be considered:
 The Prime Consultant Proposer shall be a firm with at least ten (10) years of roadway/municipal construction management experience providing professional services for construction administration, inspection and material testing for public agency clients and with an understanding of Alameda CTC funding requirements.

B. PREFERRED QUALIFICATIONS: The Proposer’s Resident Engineer shall possess knowledge of municipal design guidelines, requirements, reporting requirements for ACTC, and construction administration of a similar project.

III. EVALUATION AND SELECTION
A. EVALUATION CRITERIA: The following criteria will be used to evaluate proposals:

CRITERIA SCORE
Resident Engineer and Key Staff’s Relevant
Experience
35 Points Technical Approach to the Project 30
Resource Plan for the Project (hours by staff &
task)
30 Administrative Compliance (PW, Levine,
Others)
5 TOTAL POINTS 100

1. RESIDENT ENGINEER, DEPUTY RESIDENT ENGINEER AND KEY STAFF’S RELEVANT EXPERIENCE: Evaluation criteria will be based on the resident engineer and key staff’s relevant experience demonstrating the ability of the proposed team to successfully complete the project and references.

2. TECHNICAL APPROACH TO THE PROJECT: Evaluation of this criterion will be based on the Proposer’s technical approach to the project.

3. RESOURCE PLAN FOR THE PROJECT: E v a l u a t i o n of this criterion will be based on percentages and hours allocated to the major subtasks to reflect the Proposers’ overall understanding of the project requirements. This information must be provided as part of the main proposal content showing only the estimated 96 of 403
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hours allocated to complete each subtask as specified in the Scope of Work and total hours by staff.

4. LOCAL FIRM PREFERENCE: A local firm is a firm that currently has its main office or a branch office with meaningful production capability located within the Bay Area counties (the nine counties in the Metropolitan Transportation Commission jurisdiction), or a firm that, upon award of the contract by the City, will establish such a local office.

B. EVALUATION PROCEDURE: The review board will evaluate proposals based on the pre-established criteria to determine the successful Proposer or establish a shortlist of firms to interview. The City reserves the right to conduct interviews at its discretion.

The names of the review board members are not revealed prior to the interviews. The individual or composite rating and evaluation forms prepared by individual review board members are not retained by the City and will not be revealed.

C. AWARD: W h e n the review board has completed its work, negotiations will be conducted for the extent of services to be rendered.

IV. PROPOSAL FORMAT AND CONTENT
A. FORMAT: Proposals shall be typed and as concise as possible and shall not include any unnecessary promotional material. The nature and form of response are at the discretion of the Proposer but shall include the information listed below.

B. CONTENT: Page limits for each section of the proposal are as follows:

Contents Page Limit
Firm, team profile and qualifications (1/2 page per firm and one page resume, except for Project Manager -2 pages)
15 to 20
Work Plan/Project Understanding-Technical Approach 15
Resource Plan 2
Administrative Requirements As specified
The Proposer shall include the information described below:

1. PROFILE OF FIRM: This section shall include a brief description of the firm’s size as well as the local organizational structure. Include a discussion on the firm’s financial stability, capacity, and resources. Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting from: (a) any public project undertaken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five (5) years; or, (b) any type of project where claims or settlements were paid by the Proposer or its insurers within the last five (5) years.
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2. QUALIFICATIONS OF THE FIRM/KEY STAFF: This section shall include a brief description of the firm. Provide at least three (3) examples of projects that are similar in nature to the Quarry Lakes Parkway Phase 2 Project performed by the proposed project manager and deputy project manager to show supporting evidence of relevant experience, including the name of the project, the name and contact information for the client on the project and the roles and responsibilities of the proposed project manager, deputy project manager and key staff on each of the example projects. Additionally, provide information for the proposed project manager, deputy project manager and key staff that shows experience working on complex multi-modal transportation projects with multiple agency and private stakeholders, experience and familiarity with the process to implement multi-modal transportation improvements from the earliest planning steps through construction.

Include at least three (3) references.

3. WORK PLAN/PROJECT UNDERSTANDING: By presentation of a well-conceived work plan, this section of the proposal shall establish that the Proposer understands the City’s objectives and work requirements and t h e Proposer’s ability to satisfy those objectives and requirements. The work plan should describe the Proposer’s approach to project management, including developing a work plan, project communication, developing and maintaining a project schedule, and quality assurance and quality control.

4. PROJECT STAFFING: This section shall include the staffing level in the detailed scope of services in Appendix A. For Constructability Review portion, detailed staff hours by names, tasks, hours for a total cost in the amount of $260,000. For Construction Management, provide, at minimum, the total hours for resident engineer, assistant resident engineer, engineer, inspector, and contract management.

Proposer project team members shall be identified by name, location, and specific responsibilities on the project. An organizational chart for the project team and resumes for key personnel shall be included. Key personnel will be an important factor considered by the review board. Once the proposal is submitted, there can be no change of key personnel without the prior approval of City.

5. ADMINISTRATIVE SUBMITTALS: The Proposer must complete forms as follows:

Form 1: General Information
Form 2: Levine Act Statement
Form 3: Alameda CTC LBE/SBE Certification
Form 4: Exceptions to City’s Standard Agreement
Form 5: Certificate of Proposer
V. ALAMEDA CTC REQUIREMENTS
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The professional services for this contract are funded by both Alameda CTC grant funds and State funds. The construction phase of the project will be funded with Alameda CTC funds. The professional services contract is not required to meet Alameda CTC’s Local Business Contract Equity (LBCE) Program: https://www.alamedactc.org/getinvolved/contract-equity. However, the Consultant should be familiar with projects funded with Alameda CTC funds and should have experience is reporting and reimbursement requirements. The City strongly encourages the Consultant to use subconsultants identified in LBCE Program.

VI. PREVAILING WAGE REQUIREMENTS
Pursuant to appropriate Sections of the Labor Code of the State of California, the Director of the California Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) for those classifications applicable to the Services, for straight time, overtime, Saturday, Sunday, and holiday work. Said prevailing wage rates have been adopted by the City and are incorporated herein by reference. These wage rates are available through the California State Department of Industrial Relations,
Persons employed in the work must be paid at rates at least equal to the prevailing wage rates as adopted. If selected Proposer uses a craft or classification not shown on the prevailing wage determinations, selected Proposer may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of award.

In the performance of the Services, the selected Proposer and all subcontractors shall be responsible for compliance with California Labor Code Sections 1776 (Payroll records, retention, inspection, non-compliance penalties, rules and regulations) and 1777.5 (Employment of registered apprentices, wages, standards, number, apprenticeable craft or trade, exemptions, contributions).

This Agreement is also subject to Federal requirements for payment of prevailing wages as determined by the Secretary of Labor. Where there are differences in the rates, the higher rate shall apply.

VII. INDEMNITY AND INSURANCE REQUIREMENTS
Selected Proposer shall maintain insurance limits no less than:

A. GENERAL LIABILITY: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury, and property damage. If a Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. AUTOMOBILE LIABILITY: $1,000,000 combined single limit per accident for bodily 99 of 403
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injury and property damage.

C. WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY: Statutory Workers’ Compensation limits and Employers Liability limits of $1,000,000 per accident.

D. PROFESSIONAL LIABILITY: $2,000,000 each occurrence/aggregate minimum limit per claim.

VIII. PROTESTS
A. SOLICITATION PHASE: Prior to the closing date for submittal of proposal, Proposer may submit to the City protests regarding the procurement process, or alleged improprieties in specifications or alleged restrictive specifications. Any such protests shall be filed no later than ten (10) working days prior to the scheduled closing date. If necessary, the closing date of the solicitation may be extended pending a resolution of the protest.

B. PRE-AWARD: Protests dealing with alleged improprieties in the procurement or the procurement process that can only be apparent after the closing date for receipt of proposals shall be filed within five (5) working days after issuance of the Notice of Recommended Award. Protests shall contain a statement of the grounds for protests and supporting documentation. Protestor will be notified of the City’s final decision prior to issuance of award.

C. PROTEST PROCEDURES: Protestors shall have an opportunity to appear and be heard before the agency prior to the opening of proposals in the case of protests based on the content of the request for proposals or prior to final award in the case of protests based on other grounds. Proposer’s requests and protests shall be in writing only and be addressed to:

Marilou Ayupan, P.E.

Public Works Director
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
[email protected]
Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.

IX. SCOPE OF WORK
The Final Design Milestone Submittal Schedule for 95% PS&E, 100% PS&E and Final Design is included as Appendix A for your reference. A draft scope of services is included is included as Appendix B. Proposer shall review the draft scope of services and if a proposer believes it is in the best interest of the project to modify or deviate 100 of 403
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from the scope of work. Proposer shall include in Approach Section of the proposal the suggested/recommended deviations.

For your reference, the City’s Professional Service Agreement is included as Appendix C.

X. ADMINISTRATIVE SUBMITTALS
FORM 1. GENERAL INFORMATION
FORM 2. LEVINE ACT STATEMENT
FORM 3. ACTC LBE/SBE CERTIFICATION
FORM 4. EXCEPTIONS TO THE AGREEMENT
FORM 5. CERTIFICATE OF PROPOSER

APPENDICES
A) Final Design Milestone Schedule
B) Draft Scope of Work
C) Professional Service Agreement
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FORM 1. GENERAL INFORMATION
Instructions: Please complete this form and include in your proposal. On a separate page, list all subcontractors; include company name, address, phone number and type of service.

Company Name
Street Address
City/State/Zip
Phone No.

FAX No.

Federal Taxpayer ID No.

POINT(S) OF CONTACT
Primary
Name/Title
Phone No.

Cell Phone
No. E-mail
Alternate
Name/Title
Phone No.

Cell Phone
No. E-mail
Primary
Name/Title
Signature
AUTHORIZED SIGNATORIES:

Alternate
Name/Title
Signature
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FORM 2. LEVINE ACT STATEMENT
Prime Proposer and Subcontractors must submit a signed Levine Act Statement
California Government Code § 84308, commonly referred to as the "Levine Act," precludes an elected local government agency from participating in the award of a contract if he or she receives any contributions totaling more than $250 in the twelve (12) months preceding the pendency of the contract award, and for three (3) months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for elective office or on behalf of any committee in federal, state or local elections.

1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any City Council member in the twelve (12) months preceding the date of the issuance of this RFP?
No Yes Please identify the Board member or alternate:

2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $250 to any City Council member in the three months following the award of the contract? No Yes Please identify the Board member or alternate:

Answering yes to either of the two questions above does not preclude City from awarding a contract to your firm. It does, however, preclude the identified Council member or alternate from participating in the contract award process for this contract.

Signature: Firm Name: Date:
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FORM 3. EXCEPTIONS TO THE AGREEMENT
This form shall include any exceptions the Proposer takes to the “Agreement for Services,” which include the “Compensation, Invoicing and Payment” and “Indemnity and Insurance Requirements.” If Proposer takes no exceptions, check the field “Proposer takes no exceptions” below.
 Proposer takes exception to the following:

Section Reference Disposition (For CITY Use Only)
*Insert proposed changes here
Section Reference Disposition (For CITY Use Only)
*Insert proposed changes here
*Make copies of this page if necessary
 “Proposer takes no exceptions.”
Proposer:

Firm
Signature
Printed Name
Title
Date
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FORM 4. CERTIFICATE OF PROPOSER
I hereby certify that I am the and
duly authorized representative of the firm of whose
address is and
that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Proposer) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above Proposer) any fee, contribution, donation, consideration or any kind for, or in connection with procuring or carrying out this agreement.

I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

Name of Company (Proposer) Date
Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official
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APPENDIX A

FINAL DESIGN MILESTONE SCHEDULE

FINAL DESIGN PROCESS DATES
Consultant 95% PS&E Milestone Submittal Jan. 6, 2026
Agency Review of 95% PS&E (4 weeks) Jan. 7- Feb. 4, 2026 All 95% PS&E Comments Due Feb. 5, 2026
Consultant update 100% PS&E (3 months) Feb. 5 - April 24, 2026 Consultant 100% PS&E Milestone Submittal April 27, 2026 Consultant submit Draft Right of Way Certification
package (Recorded Plat & Legals, Permits, Utility
Relocation Plans, draft Maintenance Agreements, etc.)
May 11, 2026
Agency Review of 100% PS&E (4 weeks) April 28 - May 22, 2026 All 100% PS&E Comments Due May 26, 2026
Consultant updates Final PS&E (3 weeks) May 26 -July 17, 2026 Consultant submit Final Right of Way Certification
Package
July 17, 2026
Consultant Final PS&E Milestone Submittal July 20, 2026 City Submits Complete PS&E package to Alameda
CTC and MTC for Funding Request (CM and
Construction)
July 24, 2026 (for Sept.
2026 Action)
Agency Review of Final PS&E for Bidding (3 weeks) July 20-Aug. 7, 2026 Consultant Finalizes PS&E Package for Bidding Aug. 10 -14, 2026 Consultant Submits Final PS&E Ready for Bidding August 17, 2026 City Advertise QLP, Phase 2 PS&E CON package (6
weeks)
August 18, 2026
Alameda CTC Approves QLP, Phase 2 Funding Sept. 24, 2026 City Opens Bids for QLP, Phase 2 Sept. 29, 2026
City Council Accepts $40M CON funds and executes
AM #4 of Alameda CTC PFA No. A22-0053 and award
QLP, Phase 2 low bid
Oct. 27, 2026
Begin Construction Early 2027
End Construction Spring 2028
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APPENDIX B

DRAFT SCOPE OF SERVICES
The Draft Scope of Services includes Section 1 for the Constructability Review and Section 2 for Construction Administration, Inspection and Material Testing.

SECTION 1: CONSTRUCTABILITY REVIEW (95%, 100% AND FINAL PS&E)

1. Project Understanding and Planning
o Review and understand project goals, timelines, and budget. o Gather and analyze existing documentation (plans, specifications, requirements).
o Develop a constructability review plan outlining approach and schedule, which will include one day workshop with team members, stakeholders and others.

2. Design Review
o Evaluate project designs for practicality and viability. o Identify potential design conflicts or ambiguities that may hinder construction. o Assess designs against applicable codes and regulations.

3. Construction Methods Evaluation
o Analyze suggested construction methods and sequences. o Identify any challenges related to access, delivery of materials, and logistics. o Provide recommendations for alternative methods or techniques for better efficiency.

4. Cost Estimation and Budget Review
o Review the project budget and cost estimates.
o Identify potential cost overruns due to design choices or construction methods. o Suggest cost-effective solutions while maintaining design intent.

5. Schedule Analysis
o Evaluate the proposed construction schedule for feasibility. o Identify potential delays or risks in the schedule.
o Recommend strategies for optimizing the construction time.

6. Stakeholder Coordination
o Facilitate meetings with architects, engineers, and construction teams. o Gather input from stakeholders to address concerns and suggestions. o Ensure clear communication among all parties involved.

7. Risk Management
o Identify potential construction-related risks.
o Develop strategies to mitigate identified risks.
o Provide a report on risks and recommendations for minimizing impacts. 107 of 403

8. Final Reporting and Recommendations
o Compile findings into a detailed report.
o Include recommendations for design modifications, construction methods, and risk mitigation.
o Present findings to project stakeholders in a clear, actionable format.

SECTION 2: CONSTRUCTION ADMINISTRATION, INSPECTION AND MATERIAL

TESTING (FUTURE SCOPE OF SERVICES)
Provide complete Construction Administration, Inspection and Materials Testing services for the Project in accordance with ODOT's 2017 Construction Administration and Inspection Manual of Procedures (CAIMOP). CPM Scheduling services are not part of this scope.

The performance of engineering and supervisory duties required in the administration of a City of Union City construction contract, as defined in the Division 100 sections of the CAIMOP, construction contract specific requirements and City policies and procedures.

Section 101 of the Manual of Procedures defines the term Engineer, and Section 105.01 further defines the Authority/Responsibilities of the Engineer. A City employee will act as the Engineer of Record and remain in responsible charge of administration of the construction contract. The consultant employee will serve as Resident Engineer, who will provide day-to-day administration of the construction project. The table below delineates the authority of the Consultant Resident Engineer and defines the authority and decisions reserved for the City.

Section 105.01 Activity Responsibility Notes
The person designated as the
Resident Engineer (RE) shall
serve as the initial point-of-contact
for all contractual issues and
construction issues to the
Contractor and coordination with
third party (Cargill, Inc.) Engineer.

The RE shall recommend the
resolution of contractual issues to
City staff. The RE shall coordinate
the resolution of construction
issues.
with City staff and others involved
with this project.

Consultant
Conduct regular progress meetings
(every 2 weeks) with stakeholders.

Consultant Take meeting minutes and
distribute them to the
group.
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Section 105.01 Activity Responsibility Notes
Provide EEO/Prevailing Wage
contract compliance assistance in
accordance with Section 107 of the
CAIMOP.

Consultant
Provide required accounting
documentation for ACTC

Consultant
Record all pertinent information to
force account and change orders.

Consultant
Assignment of the inspection duties
at the project level.

Consultant
Instruction of the inspection force
in the requirements of the project
and the items being constructed
including:
• Addenda, proposal and
supplemental specifications,
and equipment (e.g., concrete
testing
kit).

Consultant
Review/respond to Requests for
Information (RFIs).

Consultant Input to be sought from
City’s Engineer and/or the
Design Consultant as
needed.

Review/approval of materials to
be incorporated in the work. This
may involve rejection of
materials.

Consultant City's Engineer must
approve all non-spec
material incorporated in the
project.
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Section 105.01 Activity Responsibility Notes
Review/approval of shop drawings
of materials to be incorporated in
the work. This may involve rejection
of drawings.

Consultant
The CM shall track the
review process and "turn
around" time of the
submittals and coordinate
the reviews with the
Contractors. The CM shall
provide a Disposition of
Comments to the
Contractors. The CM shall
ensure review comments
are all adequately
addressed and
implemented,
as needed.

Timely payment for work
performed by performing the
following activities:
• Input daily diaries in eBuilder,
review estimates, verify
payrolls, and obtain approval
of sampled
materials.

Consultant
and
City
City's Engineer must
approve all payments to the
contractor.

Determining the need for change
orders within the scope of the
contract.

Consultant and
City
City's Engineer must
approve all change orders.

Consultant shall advise the
Engineer of potential claims
and change orders. City's
Engineer will provide
direction concerning
analysis and development
of
recommendations.

Monitoring the project and
discussing progress schedule with
Contractor's Superintendent.

Consultant and
City
City's Engineer must
approve all changes in the
progress schedule affecting
critical milestones,
completion dates, and
critical path on the
project.
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Section 105.01 Activity Responsibility Notes
Maintaining project records:
• Construction daily diary.
• Work performed.
• Contractor's equipment,
materials, and significant
events of the day.
• Job correspondence.
• Letters from contractors,
utility companies, and other
public agencies, as well as
any correspondence from the
City or other public agencies.
• Minutes from project progress
meetings, including who
attended, items discussed,
resolutions to problems and
action items.
• Other pertinent documents.
• Shop drawings/working
drawings.
• As-built drawings.

Consultant
Addressing and resolving job site
problems in a timely manner.

Consultant and
City
Advise City's Engineer of
significant issues.

Providing the Contractor with
specific information regarding the
usage of contingency quantities or
"as
directed" items.

Consultant and
City
Advise City's Engineer of
significant issues with
existing items of work or
new items of
work.

Reporting to City's Engineer any
major change in conditions,
traffic accidents, or status of
project.

Consultant and
City
Advise City's Engineer of
significant issues
concerning major change in
conditions, traffic accidents,
or status of
project.

Determining final quantities,
ensuring the Contractor completes
the Punch List items, completing
project files,
and scheduling final inspection.

Consultant and
City
City's Engineer must
approve final quantities,
punch list completion and
attend the final inspection.

The performance of inspection and materials management duties as described in the 111 of 403

CAIMOP. The Consultant will perform all of the off-site material testing. The Consultant shall furnish the following tools as needed:
a) Nuclear Density Gauge and related tools.
b) Concrete Control Kit to perform tests ASTM C-231, ASTM C-173, ASTM C-138 and ASTM C-143.
c) The type and number of vehicles, either cars or trucks, for use on-site.

The report-in location for Consultant personnel shall be the project field office or a location at the project site designated by the City. No compensation will be provided by the City for commuting to and from the report-in location. Consultants that provide leased or company owned vehicles for use on site shall be compensated on a daily rate basis. If company owned vehicles are provided, the Consultant's indirect cost pool shall be credited for the daily rate reimbursement. d) Testing:
a. Concrete Field Testing & Test Specimen Field Fabrication - ACI Field Testing Technician Grade I
b. Soil & Aggregate Inspection & Compaction Testing - approved per ODOT S1121 for both equipment and personnel
c. Asphalt Laboratory Testing - ODOT QC Asphalt Technician - Level 2 Test laboratory shall be accredited by AASHTO (or another approved accreditation body) in the following quality management system specifications:
a) AASHTO R18
b) ASTM C1077 (Concrete)
c) ASTM E-329 (Concrete)
d) ASTM E-329 (Soil)
e) ASTM D3740
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APPENDIX C – PROFESSIONAL SERVICE AGREEMENT

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF UNION CITY AND
[NAME OF CONSULTANT] FOR [SERVICES]
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and , a (corporation / limited liability company / sole proprietor), with offices located at , (“Consultant”), (together referred to as the “Parties”) as of , 20 (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 , 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 [OPTIONAL] 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. 113 of 403

[NOTE TO STAFF: IF THE SERVICES ARE NOT WITHIN THE STATUTORY DEFINITION OF A PUBLIC WORKS PROJECT, THEN SECTION 1.5 AND EXHIBIT C MAY BE DELETED. CHECK

WITH THE CITY ATTORNEY IF THERE IS A QUESTION ABOUT WHETHER THE SERVICES CONSTITUTE A PUBLIC WORKS PROJECT.]
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed [Spell out amount]
may be contained
($ ) notwithstanding any contrary indications that
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 A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
[NOTE TO STAFF: THE FOLLOWING PROVISIONS OF THIS SECTION MAY BE ALTERED AS NECESSARY TO FIT THE CIRCUMSTANCES OF A PARTICULAR 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;
• 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 ,
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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.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

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

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

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

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice 115 of 403

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. [NOTE TO STAFF: SECTION 3 MAY BE MODIFIED AS NECESSARY FOR THE TYPE OF WORK.]
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 satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

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

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products
$1,000,000 per occurrence;
Bodily Injury and Property
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and Completed Operations; Contractual
Liability; Personal Injury and Advertising
Liability
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, nonowned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual
contractors with no
transportation or hauling related activities
$2,000,000 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 volunteers for
loss arising from work performed
under this Agreement
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$2,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$100,000 per claim
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4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant 118 of 403

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.
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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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

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

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

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 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 120 of 403

employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

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

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with 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.
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8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

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

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

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

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

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

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

8.6.1 Immediately terminate the Agreement;

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

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.
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9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

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

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

Section 10 MISCELLANEOUS PROVISIONS.

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

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

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged 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. 123 of 403

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 material on recycled paper to the extent it is available at equal or less cost than 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 ("Contract Administrator").

All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

10.10 Notices. Any written notice to Consultant shall be sent to:
[INSERT CONSULTANT CONTACT INFORMATION HERE]
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
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34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Cost Proposal
Exhibit C Reimbursable Expenses [DELETE IF NOT APPLICABLE] Exhibit [C or D] Public Works Requirements [DELETE IF NOT APPLICABLE]

10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY [CONSULTANT]
JOAN MALLOY, CITY MANAGER Title: __________________________ ATTEST:

THAI NAM PHAN, CITY CLERK
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
3695229.2
Version 3.2.21
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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001

2021 PFA Version
AMENDMENT NO. 03
to

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF UNION CITY
for the

EAST WEST CONNECTOR / QUARRY LAKES PARKWAY PROJECT
This AMENDMENT NO. 03, made and entered into by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF UNION CITY, a public agency (“PROJECT SPONSOR”), is dated for reference purposes only as of May 22, 2025.

A. ALAMEDA CTC and PROJECT SPONSOR entered into a Funding Agreement dated May 1, 2021 (“AGREEMENT”) to implement an eligible project (“PROJECT”) as such PROJECT is further described in the AGREEMENT.

B. On October 17, 2023, the parties entered into an amendment (“AMENDMENT NO. 01”) pursuant to PROJECT SPONSOR’S request to revise the project schedule and deliverable due dates, and to extend the expiration date of the AGREEMENT.

C. On December 5, 2024, the parties entered into an amendment (“AMENDMENT NO. 02”) pursuant to PROJECT SPONSOR’S request to revise the project schedule and deliverable due dates, increase the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by the AGREEMENT, and to extend the expiration date of the AGREEMENT.

D. The parties now wish to further amend the AGREEMENT, pursuant to this AMENDMENT NO. 03 pursuant to action taken on May 22, 2025, by ALAMEDA CTC. AMENDMENT NO. 03 will revise the project schedule and deliverable due dates and increase the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by the AGREEMENT for the design phase of Segment 2 by $ 3,995,000 of 1986 MB funds.

NOW, THEREFORE, the parties agree to amend the AGREEMENT as follows:

AMENDMENT

1. The amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by the AGREEMENT for the design phase of Segment 2 is hereby increased by $3,995,000.

2. Appendix A (Project Control Information) is replaced with the Revised Appendix A attached hereto and incorporated herein by this reference.

3. Appendix B (Alameda CTC Administered Funds Obligated by this Agreement) is replaced with the Revised Appendix B attached hereto and incorporated herein by this reference.

4. Appendix C (Request for Reimbursement and Reporting Requirements) is unchanged and is attached hereto and incorporated herein for reference purposes only.

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Amendment No. 03
Project No. 1177.001

2021 PFA Version

5. Appendix D (Local Business Contract Equity Program Requirements) is unchanged and is attached hereto and incorporated herein for reference purposes only.

6. Appendix E (Deliverables and Due Dates) is unchanged and is attached hereto and incorporated herein for reference purposes only.

7. Appendix F (Project Performance Measures) is unchanged and is attached hereto and incorporated herein for reference purposes only.

8. Except as amended hereby, the terms and provisions of the AGREEMENT remain in full force and effect and are hereby ratified and confirmed. [Signatures on the next page]
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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001

2021 PFA Version

CITY OF UNION CITY
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Joan Malloy Date
City Manager
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
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 8/12/2025 8/12/2025
8/15/2025
8/15/2025
8/15/2025
8/15/2025
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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001

2021 PFA Version

LIST OF APPENDICES
REVISED APPENDIX A: PROJECT CONTROL INFORMATION
Revised Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Revised Appendix A-3 Project Milestone Schedule
Revised 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
REVISED APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS

AGREEMENT
APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

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Amendment No. 03
Project No. 1177.001
Appendix A – Page 1

REVISED APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Revised Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Revised Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Revised Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Revised Appendix A-6 Project Phase Cost Detail
Appendix A-7 Permits/Agreements/Coordinating Agencies
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Project No. 1177.001
Appendix A – Page 1
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

The PROJECT consists of constructing a new arterial roadway with buffer bike lanes and separate, parallel Class I path/multi-purpose trail with signalize intersections, streetlights, landscape medians, street trees and irrigation between Mission Boulevard (State Route 238) in Union City and Paseo Padre Parkway in Fremont along a new reserved roadway alignment, and improvements along existing Paseo Padre Parkway and Decoto Road to I-880 in Fremont. The PROJECT has been divided into six segments for implementation.

Segment 1: Mission Boulevard to 7th Street
Construct Quarry Lakes Parkway (QLP) from Mission Boulevard to 7th Street. Realign 7th Street to intersect directly with QLP next to the City’s Corporation Maintenance Yard and Drigon Dog Park.

Modify the Corp Yard, Dog Park, and parking facilities. Realigned the Line M channel with open channel, box culvert and retaining wall structures. Construct conforms along Mission Boulevard (State Route 238) and modify traffic signal
Segment 2: Alvarado-Niles Road to Alameda Creek
Construct QLP from Alvarado-Niles Road to the top of bank (Union City side) of Alameda Creek.

Realign Quarry Lakes Drive from Isherwood Way to Osprey Drive and construct new intersection of QLP with Quarry Lakes Drive. Construct outfall structure and bioretention basins for storm water runoff (roadway drainage) pumped from the depressed QLP in Segment 3 and 4 under the UPRR and BART tracks. Construct conforms along Alvarado-Niles Road and modify traffic signal.

Segment 3: 7th Street to 11th Street
Construct QLP from 7th Street to 11th Street. Construct cement deep soil mix interior walls, retaining walls and grade separation structure between QLP and UPRR (Niles Subdivision) including railroad shoofly. Construct cement deep mix protection slap and pump station with drainage facilities Extend 11th Street and install a new traffic signal at QLP/11th Street.

Segment 4: 11th Street to Alvarado-Niles Road
Construct QLP from 11th Street to Alvarado-Niles Road. Construct cement deep soil mix interior walls, retaining walls and grade separations between QLP and BART, and QLP and UPRR (Oakland Subdivision) including BART track shoofly/bus bridge and UPRR railroad shoofly. Complete the pump station system. Construct conforms along Alvarado-Niles Road and modify traffic signal.

Segment 5: Alameda Creek to Paseo Padre Parkway
Construct QLP from Alameda Creek to Paseo Padre Parkway. Construct two bridges over Old Alameda Creek and one bridge over the Alameda Creek Flood Control channel. At each end of the Alameda Creek Flood Control Channel bridge, connect the new QLP Class I path to both existing Alameda Creek Trails, paved trail, and unpaved paths. Modify Old Alameda Creek outfall structure into Flood Control Channel and construct bioretention basins. Construct retaining walls, soundwalls next to residential neighborhoods. Construct conforms along Paseo Padre Parkway and a multi-use path from Isherwood Way/Quarry Lakes Drive to an existing trail adjacent to Paseo Padre Parkway.

Modify Paseo Padre Parkway from Decoto Road to Isherwood Drive with Class IV bikes lane and revised medians and sidewalk. Install new traffic signals along Paseo Padre Parkway at Wydham Drive/Waugh-Place, Quarry Lakes Parkway and Tamayo Drive. Modify traffic signal at Isherwood Drive.

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Amendment No. 03
Project No. 1177.001
Appendix A – Page 2
Segment 6: Decoto Road from Paseo Padre Parkway to I-880 (City of Fremont) Construct Improvements along Decoto Road from Paseo Padre Parkway to I-880. Construct conforms along Paseo Padre Parkway and Decoto Road (northeast of Paseo Padre Parkway and at I880).

Project Limits
The PROJECT limits are from Mission Boulevard (State Route 238) near the existing intersection with Appian Way to Decoto Road at I-880. The PROJECT limits include the conforms along existing roadways that intersect the new roadway.

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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 3
REVISED APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible project costs in accordance with applicable policies and procedures adopted with the current version of the ALAMEDA CTC Comprehensive Investment Plan (CIP) to support the project phase(s) identified and described below:

Final Design (Plans, Specifications and Estimates – PS&E) The Final Design (PS&E) Phase includes detailed design for Segment 1 and Segment 2 of the PROJECT and preparation of final plans, specifications and estimates including updating engineering/technical reports to be used as the basis for construction contract documents for Segment 1 and Segment 2. The design activities shall include all work necessary to coordinate with other transit and local agencies, regulatory agencies, utilities, adjacent developers, railroad company and other organizations to secure approvals required to initiate the construction phases of Segment 1 and Segment 2. The design activities shall also include determining the right of way requirements for Segment 1 and Segment 2 to be used as the basis of securing the necessary rights of way, permits and agreements for the roadway in Segment 1 and Segment 2.

The expected deliverables for the final design phases of Segment 1 and Segment 2 are sets of constructionready plans, specifications and estimates: one for each segment.

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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Quarry Lakes Parkway Segment 1
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Preliminary Engineering/Environmental Studies 2007 2009 CEQA Approval NA April 2009
NEPA Approval NA NA
Final Design (Plans, Specifications and Estimate (PS&E)) Jan. 2022 Dec. 2026 Right-of-Way Acquisition Jan. 2022 Dec. 2026
Right of Way Certification NA Dec. 2026
Construction Jan. 2027 Dec. 2029
Release Request for Proposal / Advertisement Jan. 2027 June 2027 Contract Award NA June 2027
Contract Acceptance NA Dec. 2029
Project Closeout Jan. 2030 June 2030
Quarry Lakes Parkway Segment 2
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Preliminary Engineering/Environmental Studies 2007 2009 CEQA Approval NA April 2009
NEPA Approval NA NA
Final Design (Plans, Specifications and Estimate (PS&E)) Jan. 2022 June 2026 Right-of-Way Acquisition Jan. 2022 June 2026
Right of Way Certification NA June 2026
Construction July 2026 Dec. 2028
Release Request for Proposal / Advertisement July 2026 Dec. 2026 Contract Award N/A Dec. 2026
Contract Acceptance NA Dec. 2028
Project Closeout Jan. 2029 June 2029
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 135 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 5
REVISED APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

East West Connector /Quarry Lakes Parkway Project Cost/Funding Total (All Six Segments)
PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds

CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 34,896,191 $ 0 $ 0 $ 34,896,191
Right-of-Way $ 23,100,000 $ 0 $ 0 $ 23,100,000
Construction $ 12,100,000 $ 14,300,000 $ 178,800,000 $ 205,200,000 Construction Support $ 3,700,000 $ 0 $ 26,100,000 $ 29,800,000 Total Project
Amounts $ 73,796,191 $ 14,300,000 $ 204,900,000 $ 292,996,191 Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).

East West Connector /Quarry Lakes Parkway Project (Segment 1) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds

CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 2,373,500 $ 0 $ 0 $ 2,373,500
Right-of-Way $ 3,000,000 $ 0 $ 0 $ 3,000,000
Construction $ 10,200,000 $ 0 $ 0 $ 10,200,000
Construction Support $ 1,500,000 $ 0 $ 0 $ 1,500,000
Segment 1 Project
Amounts $ 17,073,500 $ 0 $ 0 $ 17,073,500
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).

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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 6
East West Connector /Quarry Lakes Parkway Project (Segment 2) Cost/Funding Totals PHASE
Alameda CTC
Administered
Funds
1986 MB
Alameda CTC
Administered
Funds

CMA TIP TBD
Total
Funding
(Note 1)
Final Design (PS&E) $ 6,622,691 $ 0 $ 0 $ 6,622,691
Right-of-Way $ 1,200,000 $ 0 $ 0 $ 1,200,000
Construction $ 14,700,000 $ 0 $ 0 $ 14,700,000
Construction Support $ 2,200,000 $ 0 $ 0 $ 2,200,000
Segment 1 Project
Amounts $ 24,722,691 $ 0 $ 0 $ 24,722,691
Notes:
1) Total Funding amount shown should equal the total estimated cost for the phase (use TBD funding column to balance Total Funding amounts with total costs).

Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 137 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 7
REVISED APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds
1986 MB
Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage
Final Design (Segment 1) $ 2,373,500 $ 0 $ 2,373,500 100% Final Design (Segment 2) $ 6,622,691 $ 0 $ 6,622,691 100% Total Funding $ 8,996,191 $ 0 $ 8,996,191
Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 138 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 8
REVISED APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL
Segment 1
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 2,373,500 $ 0 $ 2,373,500 Total Phase Cost
(Staff + Contract Costs) $ 2,373,500 $ 0 $ 2,373,500
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

PHASE COST DETAIL
Segment 2
Final Design (PS&E) 1986 MB Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ 0 $ 0 $ 0
Contract(s)/Other Direct Cost $ 6,622,691 $ 0 $ 6,622,691 Total Phase Cost
(Staff + Contract Costs) $ 6,622,691 $ 0 $ 6,622,691
Notes:
1) Contracts funded wholly or in part by Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC are required to comply with Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 139 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix A – Page 9
APPENDIX A-7

PERMITS/AGREEMENTS/COORDINATING AGENCIES
A list of permitting agencies required agreements and coordinating agencies is included in this appendix.

PROJECT SPONSOR shall obtain all local, state, and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

PERMITS:
• USACE 404 – Wetlands
• CF & G 1602 – Streambed Alteration
• RWQCB 401 – Water Quality
• USF & WS Section 7 – Endangered Species
• NMFX Section 7 – Endangered Species
• SHPO Section 106 – Historic Preservation
• Caltrans- Encroachment Permit
AGREEMENTS:
• BART – Design Agreement executed; Construction Agreement still necessary • UPRR – C&M Agreement still necessary
• Verizon/Sprint – Design Agreement still necessary
• Alameda County Public Works Agency - Maintenance Agreement (Line M Channel) • Alameda County Water District -Maintenance Agreement (Niles Cone Aquifer) COORDINATING AGENCIES:
• Alameda County Flood Control & Water Conservation District (ACFC&WCD) • California Department of Transportation (Caltrans)
• Alameda County Water District (ACWD)
• Utilities (PG&E, Union Sanitary District, AT&T, Comcast and Verizon) • Alameda County Transportation Commission (ALAMEDA CTC) • City of Fremont (Fremont)
• AC Transit
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 140 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix B - Page 1

REVISED APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
1986
MB MB226 Final Design (PS&E)
Segment 1 11/19/20 05/01/21 12/31/26 $ 2,000,000
1986
MB MB226 Final Design (PS&E)
Segment 1 12/5/24 05/01/21 12/31/26 $ 373,500
1986
MB MB226 Final Design (PS&E)
Segment 2 11/19/20 05/01/21 12/31/26 $ 2,200,000
1986
MB MB226 Final Design (PS&E)
Segment 2 12/5/24 05/01/21 12/31/26 $ 427,691
1986
MB MB226 Final Design (PS&E)
Segment 2 05/22/25 05/01/21 12/31/26 $ 3,995,000
Total Alameda CTC Administered Funds Obligated by AGREEMENT: $ 8,996,191 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.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix B - Page 2
REVISED APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 2023/2024 4 1986 MB $ 3,000,000 $ 3,000,000
2 2024/2025 1 1986 MB $ 500,000 $ 3,500,000
3 2024/2025 2 1986 MB $ 500,000 $ 4,000,000
4 2024/2025 3 1986 MB $ 500,000 $ 4,500,000
5 2024/2025 4 1986 MB $ 501,191 $ 5,001,191
6 2025/2026 1 1986 MB $ 999,000 $ 6,000,191
7 2025/2026 2 1986 MB $ 999,000 $ 6,999,191
8 2025/2026 3 1986 MB $ 999,000 $ 7,998,191
9 2025/2026 4 1986 MB $ 998,000 $ 8,996,191
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 142 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☒
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☐
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30 By January 31st
By July 31st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒ Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

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

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 143 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 144 of 403
Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix E – Page 1

APPENDIX E

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

No. Description Due Date to
Alameda CTC
1 Quarterly Progress Reports Quarterly
(See Appendix C)
2 Local Business Contract Equity Program Reporting Semi-Annually (See Appendix D)
3 Segment 1 Draft Plans, Specifications and Estimate (65%) June 2025 4 Segment 2 Draft Plans, Specifications and Estimate (65%) October 2024 6 Segment 1 Final Plans, Specifications and Estimate December 2026 7 Segment 2 Final Plans, Specifications and Estimate June 2026 8 Final Invoice By the Agreement
Expiration Date
9 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

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Alameda CTC Agreement No. A22-0053
Amendment No. 03
Project No. 1177.001
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Project Performance Measures and Targets
Performance Measure Target
Not Applicable Not Applicable
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 146 of 403
Receive a Report on the Revised Funding
Allocation Request to the Metropolitan
Transportation Commission (MTC) from
Regional Measure 3 Dumbarton Corridor
Improvement Program for the Quarry Lakes
Parkway Project, City Project No. 18-04
Marilou R. Ayupan, Public Works Director
City Manager Report- Item 6.2
September 23, 2025 - City Council Meeting
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2 MTC’s Regional Measure 3 (RM 3) Program ($4.45 Billion) (Approved by Voters in 2018)
RM 3 Expenditure Plan (Projects and Programs)
(17) Dumbarton Corridor Improvements. ($130,000,000).

Funds planning, environmental review, design, and construction of capital improvements within the Dumbarton Bridge and rail corridor in the Counties of Alameda and San Mateo to relieve congestion, increase person throughput, and offer reliable travel times. Eligible projects recommended in the Dumbarton Corridor Transportation Study and improvements to facilitate rail and transit connectivity among ACE, Capitol Corridor, and BART, including rail connection at the Shinn Station. The project sponsors are BATA, Alameda CTC, San Mateo Transit District and San Mateo County Transportation Authority.
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3 RM 3, Dumbarton Corridor Improvement Program Funds
MTC Approved RM 3 List of Projects in June 2024
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4 RM 3, Dumbarton Corridor Improvement Program
MTC RM 3 Approval Process for Quarry Lakes Parkway
At July 8,2025 City Council approved the submittal of RM3 DB Corridor Funding Allocation Request to Alameda CTC and MTC Request of $25 Million of Dumbarton Corridor Improvement Funds for Quarry Lakes Parkway Project, City Project No. 18-04 will be for construction of:
▪ Environmental Off-Site Mitigation $20.0 million
▪ Quarry Lakes Parkway, Phase 1 $ 1.5 million
▪ Quarry Lakes Parkway, Phase 2 $ 3.5 million
$ 25.0 million
Major Cost Reduction of the Environmental Mitigation
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5 QUARRY LAKES PARKWAY, PHASES 1-4
Old Alameda
Creek
Alameda Creek
Flood Control
Channel
Line M
Line M
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6 RM 3, Dumbarton Corridor Improvement Program
New Basin (Line M Detention Basin) –CEQA EIR
Is New Basin a “Season Pond”?
Temporary Stores Stormwater Runoff
February 2022 (Winter) July 2022 (Summer)
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7 RM 3, Dumbarton Corridor Improvement Program
New Basin (Line M Detention Basin) –Mitigation Costs
• RM3 Request, $20 million
• RWQCB defined the
existing Line M Detention
Basin as Seasonal Pond
(“Waters of the State)
• Requires 3:1 Mitigation
Ratio
• Union City did not agree
• Held meetings with
RWQCB to discuss
Environmental Mitigation Option 2- $30 million
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8 RM 3, Dumbarton Corridor Improvement Program
New Basin (Line M Detention Basin) –History
- DTSC/PSSC Clean Up Site
(2000-2006)
- Caltrans Route 84 EIS/EIR
(2003-2005)
- New KB Homes Temporary
Drainage (2003-2005)
- Est. Cost $900,000
Detention Basin always
intended to be temporary
basin until the roadway is
constructed.
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9 RM 3, Dumbarton Corridor Improvement Program
New Basin (Line M Detention Basin) –History
▪ The Line M Detention Basin/Pump Station, City Project No. 03-25 was designed to provide interim stormwater runoff basin to allow the development of the housing on the former PSSC sites. After a storm event, Public Works operates the pump station to drain the basin into the Line M Channel to avoid the creation of a wetland.
▪ The future Route 84 excavation area was used as an interim detention pond. Intended to be temporary until SR 84 construction in 2009 (by Caltrans). ▪ Authorized by RWQCB (File No. 21-51004, 2004) to construct basin and pumping facility at the future 84 site and the bypass and outfall pipes connecting detention basin and Line M Channel. 155 of 403
10 RM 3, Dumbarton Corridor Improvement Program
New Basin (Line M Detention Basin) –History
• City constructed the Line M
Detention Basin in 2006 and
expected Route 84
construction by 2009
• Discussed Line M Overflow
pipeline will add this
stormwater to Old Alameda
Creel (Relocating basin)
• Submitted RWQCB with
Project History and
Maintenance Memo
• RWQCB concurrence on
August 4, 2025
Environmental Mitigation Option 1 - $13 Million $17.0 million SAVINGS 156 of 403
11 Environmental Off-Site Mitigation
(Construction& Permits)
Line M
• Sites Approved by RWQCB (Regional
Water Quality Control Board)
• Meets Mitigation requirements for
Wetland, Riparian, Species and Waters
and other Alameda CTC projects
• Developers also want these sites
Proposed Location (Livermore)
1) Manning Ranch (part of Eagle Ridge)
2) Livermore Valley Preserve
Revised RM3 Request- Mitigation
Cost: $13 million
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12 RM 3, Dumbarton Corridor Improvement Program
Met with Alameda CTC to provide QLP status and discuss
strategy to revise RM3 Funding Allocation Request.

Revised RM3 Funding Allocation Request
▪ Mitigation (Per RWQCB concur) $13.000 million
▪ QLP, Segment (Phase) 1 PS&E $ 2.578 million*
▪ QLP, Segment (Phase) 1A CON $ 1.000 million
▪ QLP, Segment (Phase) 2 CON $ 8.422 million
$25.000 Million
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13 RM 3, Dumbarton Corridor Improvement Program
Environmental Mitigation (Spring 2026)
Off Site Mitigation (Oberling Environmental Site)
QLP, Segment (Phase) 1 Final PS&E (Dec. 2025- Jan 2027) Currently at 65%PS&E. Proceed with project coordination and completion of the Final Design (with 95%, 100% and Final PS&E) QLP, Segment (Phase) 1A CON (Spring 2026)
Construct Off-Site Location to relocate all transit fleet (UC and DBX) to accommodate QLP, Phase 1 Construction (before CY Wall Moves) QLP, Segment (Phase) 2 CON (Spring 2027)
On Caltrans Property, includes realign Quarry Lakes Drive, AlvaradoNiles Road improvements, new utilities, stormwater treatment basin and Line M Overflow Pipe into Old Alameda Creek
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14 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
▪ Realign 7th Street along Corp Yard to
connect to Chesapeake with new
Traffic Signal
▪ Reconstruct the Line M Open
Channel and Box
▪ Relocate & Reconstruct Corp Yard
Security Wall
▪ Modify QLP/Mission Blvd
Intersection
▪ New parking lot for CY & Dog Park
Construction Estimate-$41.3 million
Revised RM3 Request-
$2.578 million for Final
Design (Consultant)
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15 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
Advance Improvements (Corp Yard Impacts)
▪ Relocate entire transit fleet to during construction
▪ Construct temporary transit fleet (UC Transit and
DBX) storage area at 11th Street parking lot
(Block 6)
▪ Pave the southern portion of Corp Yard
Revised RM3 Request, QLP, Phase 1A is $1.0 million
for Construction (Partial Funding)
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16 PHASE 2: GATEWAY CONNECTION
(Old Alameda Creek to Alvarado-Niles Road)
▪ Construct storm water quality
treatment basin and outfall structures
in Old Alameda Creek
▪ Realign existing Quarry Lakes Drive
between new QLP and Isherwood
next to creek
▪ Install and modify utilities
▪ Install new traffic signal and street
lighting
Construction Estimate - $42.1 million
Revised RM3 Request-
$8.422 million for CON
(Partial Funding)
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17 Quarry Lakes Parkway, Phase 2
Multimodal Design Elements
• “Complete Streets” Design
• 20-foot Multi-Use Path
• Buffered Bike Lanes
• 35 MPH Speed Limit
• Landscaped Medians
• Connections to Parks and Trails
163 of 403
18 Quarry Lakes Parkway, Phase 2
Caltrans Property (LATIP Revenue $86 million)
Quarry Lakes Drive
Caltrans
Parcel
Caltrans Parcel
Approximate ROW Quarry Lakes Parkway / New Quarry Lakes Drive 164 of 403
19 Former Caltrans Gateway Site Status
• Caltrans Purchase Sale Agmt.(PSA) - 2019
• Exclusive Negotiating Agreement (ENA)
▪ Executed Dec. 14, 2021
▪ 400 – 535 units
▪ 25% affordable (Surplus Land Act)
▪ Criteria for preservation of historic
resource area
▪ Extended through June 7, 2026.
▪ Negotiations pending final roadway
plans, permits and secured funding
Sale will fund LATIP projects ($86 million)
incl. Quarry Lakes Parkway ($41.8 million)
165 of 403
20 RM 3, Dumbarton Corridor Improvement Program
Submit $25.0 Million RM3 Allocation Request
* Updated Total Cost for QLP, Phase 1-3 is $221.3 million 166 of 403
21 Quarry Lakes Parkway-Decoto Complete Streets Funds
Dedicated Transportation Funds Regional
Sources
Amount
AlaCTC 1986 Measure B Funds* County $65,500,000
AlaCTC 2005 CMA-TIP County $14,300,000
Caltrans Route 84 LATIP Funds State $41,814,000
AlaCTC 2014 Measure BB (TEP 21-
Dumbarton)
County $40,000,000
AlaCTC 2014 Measure BB (TEP 22-
Intermodal Station)
County $75,000,000
MTC RM3, Dumbarton Corridor
Funds
Bay Area $25,000,000
Total Funds $261,614,000
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22 RM 3, Dumbarton Corridor Improvement Program
168 of 403
23 RM 3, Dumbarton Corridor Improvement Program
MTC RM3 Dumbarton Corridor Improvement Program:

Funding Allocation Request for Quarry Lakes Parkway.

Revised RM3 Funding Allocation Request
▪ Environmental Mitigation $13.000 million
▪ QLP, Segment (Phase) 1 PS&E $ 2.578 million
▪ QLP, Segment (Phase) 1A CON $ 1.000 million
▪ QLP, Segment (Phase) 2 CON $ 8.422 million
$25.000 Million
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24 RM 3, Dumbarton Corridor Improvement Program
July 8,2025 City Council adopted Resolution No. 2025-097, which allows CM to resubmit revisions to the RM3 funding allocation request forms (Attachment 5) in Staff Report. • Initial Project Report
• RM3 Funding Plan
• RM3 Allocation Request Information*
• Cash Flow Plan*
• MTC Complete Streets (Bike/Ped) Checklist Form
Forms are being reviewed by Alameda CTC and MTC staff
for upcoming Commission approvals in next few months
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25 RM 3, Dumbarton Corridor Improvement Program Funds
Receive a report on the Revised Funding Allocation
Request to the Metropolitan Transportation
Commission (MTC) from Regional Measure 3,
Dumbarton Corridor Improvements Program for the
Quarry Lakes Parkway, City Project No. 18-04
Questions?
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Addendum No. 1 – Quarry Lakes Parkway Phase 2
1 Date: January 6, 2026
ADDENDUM NO. 1
TO

REQUEST FOR PROPOSAL (RFP)

FOR CONSTRUCTABILITY REVIEW (INITIAL SCOPE OF WORK)

AND CONSTRUCTION MANAGEMENT SERVICES (FUTURE WORK)
CITY PROJECT NO. 18-04
QUARRY LAKES PARKWAY, PHASE 2 PROJECT
(OLD ALAMEDA CREEK TO ALVARADO-NILES ROAD)

1. Pre-Proposal Meeting
Union City will conduct in-person Pre-Proposal Meeting next Thursday, January 15, 2026, at 11:30 am at Studio 11 located at 34626 11th Street. Light lunch will be provided before the Quarry Lakes Parkway, Phase 2, presentation followed by Q&A.

This meeting is not mandatory and should be done by 1:00 pm, depending on Q&A.

2. Cover Page of the RFP and Section I-A, Procurement Schedule:

Replace RFP schedule table as follows.

RFP SCHEDULE
Issue RFP December 22, 2025 (Monday)
City Hall Closure December 23, 2025 to January 2, 2026
Issue Addendum No. 1 January 6, 2026
Pre-Proposal Meeting January 15, 2026 (Thursday) at 11:30 Deadline to Submit Questions amJanuary 21, 2026
Issue Addendum No. 2 January 26, 2026
Proposal Due January 29, 2026 (Thursday)
Interviews & Check References Week of February 9-12, 2026 Award Consultant Service Agreement February 24, 2026 City Council

3. Page 10, Section IV - Proposal Format and Content, Section B, Content :
a) Page limit shown on Section IV-B Content are per section, i.e. Firm, Profile and Qualifications are limited to 20-page maximum which shall be limited to one page for prime consultant and ½ page per each subconsultant, two-page maximum for 172 of 403
Addendum No. 1 – Quarry Lakes Parkway Phase 2
2 Resident Engineer’s resume, one-page maximum for all others, and may include one 11x17 organization chart (counted as one page).
b) Cover letter is not part of the page limit, but please keep it concise and summarize key points in the cover letter.

4. Introduction Page, Section A and Page 11, Section IV Subsection 3: Work Plan and 4: Project Staffing
a) Introduction Section A states that the initial contract is for constructability review of Phase 2 project for an amount not to exceed $260,000. A future service for construction management services will be negotiated with the selected consultant once the project is fully funded. If negotiation is successful, City will execute a contract amendment for these services.
b) Subsection 4, Project Staffing, clearly states that city expects proposers to provide a detailed scope of work and staffing by hours for constructability review portion for not to exceed $260,000 amount. For future work, proposers shall provide totals hours for each of the key staff and for contract management services during construction period (begin construction March 2027 to end construction June 2029) based on 65% construction cost estimate of $33.4 million.
c) Proposer shall clearly define the distinct responsibilities for each of the key staff in their respective resumes, staffing plans and in the organization chart, i.e., will two (2) Assistant REs be required? Number of inspectors?

5. Page 11, Section IV-5, Administrative Submittals:

Form listing is corrected as follows:

Form 1: General Information
Form 2: Levine Act Statement
Form 3: Exceptions to City’s Standard Agreement
Form 4: Certificate of Proposer

6. Page 11, Section E, Submission of Proposals:

Change second paragraph as follows:

In one sealed package, the Proposer shall submit five (5) printed copies and one (1) electronic format – flash drive.

7. Page 17, Appendix A, Final Design Milestone Schedule:

Change Agency Review of Final PS&E for Bidding to 7 weeks in lieu of 3 weeks 173 of 403
Addendum No. 2 – Quarry Lakes Parkway Phase 2
1 Date: January 22, 2026
ADDENDUM NO. 2
FOR

REQUEST FOR PROPOSAL (RFP)

FOR CONSTRUCTABILITY REVIEW (INITIAL SCOPE OF WORK)

AND CONSTRUCTION MANAGEMENT SERVICES (FUTURE WORK)
CITY PROJECT NO. 18-04
QUARRY LAKES PARKWAY, PHASE 2 PROJECT
(OLD ALAMEDA CREEK TO ALVARADO-NILES ROAD)

1. Page 10, Subsection IV-B, “Content” of Page 10, Proposal Format and Content Resource Plan page limitation of 2 pages applies to Constructability Review only.

Additional 3 pages will be allowed to present work plan and resources for construction management services if proposer wishes to include details for construction management services. At the minimum, for construction management services, proposal requests total hours by staff categories.

2. Page 11, Subsection IV-B 4: Project Staffing
Subsection 4, Project Staffing, clearly states that the City expects proposers to provide a detailed scope of work and staffing by hours for constructability review portion for notto-exceed a total amount of $260,000. For future work, proposers shall provide totals hours for each of the key staff and for contract management services during construction period based on the construction schedule on the following page and a total of 510 working days (see next page):
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Addendum No. 2 – Quarry Lakes Parkway Phase 2
2 175 of 403
Quarry Lakes Parkway, Phases 2 Constructability (+CM) Pre-Proposal Meeting City Project No. 18-04
January 15, 2026
11:30 am – 12:30 pm
Studio 11
Present
(√)
Name Organization Phone Email
√ Marilou Ayupan (PW Director) City of Union City 510-675-5306 [email protected] √ Tommy Cho (Principal Engineer) City of Union City 510-675-5305 [email protected] √ Richard Tanaka (Project Manager) City of Union City 408-838-7463 [email protected] √ John Collins GFT 510-774-9039 [email protected]
√ Jaemin Park Consor North America 925-818-3756 [email protected] √ James Wilcenski MNS Engineers 510-932-4621 [email protected] √ Mike O’Connor SNG 925-251-0100 michael.o’[email protected] √ Charlie Krueger Ghirardelli Associates 510-867-4452 [email protected] √ Fernando Bravo Ghirardelli Associates 650-339-1503 [email protected] √ Tricia Baxter Consor North America 408-914-5626 [email protected] √ Mike Chan MNS Engineers 510-774-6119 [email protected] √ Dennys Sudarma GFT 925-354-7312 [email protected]
√ Wassim Basha CSG Consultants 650-436-7369 [email protected] √ Nasser Fakih CSG Consultants 408-623-9626 [email protected] √ Joe Sarmiento Mark Thomas 408-831-5467 [email protected] √ James Hanley Mark Thomas 209-456-6718 [email protected] 176 of 403
Pre-Proposal Meeting for
Constructability Review
(Construction Management
Services) for
Quarry Lakes Parkway, Phases 2
City Project No. 18-04
Thursday, January 15, 2026, at Studio11
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2 Quarry Lakes Parkway, Phase 2 CM RFP
▪ Introductions
▪ RFP and Contractual Information
▪ QLP, Phases 1-4 Project Overview
▪ Cost, Overall Schedule and Funding
▪ QLP, Phase 2 Overview
▪ Staging Plan
▪ Q&A
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3 Project Organization
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4 RFP and Contractual Requirements
Issued RFP December 22, 2025
Addendum No. 1 January 6, 2026
Pre-Proposal Conference January 15, 2026
Deadline to Submit
Questions January 21. 2026
Issue Addenda/Clarifications January 26, 2026
Deadline to Submit Proposal January 29, 2026
Interview Week of February 9-12, 2026
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5 RFP and Contractual Requirements
▪ Alameda CTC Goals (Encouraged)
▪ Prevailing Wage Requirements
▪ City Standard Agreement for Services
▪ Scope and Project Staffing (Hours)
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6 RFP and Contractual Requirements

TASKS DATE
City Council Approval CM Initial Contract February 24, 2026 CM Review PS&E/Familiarize Feb. to Nov. 2026
Bid Opening November 19, 2026
Award CON Contract & Amend CM Contract December 2026
Construction NTP February 23, 2027
Construction Duration Feb 2027 to October 2028
Project Close-out December 20, 2028
CM Contract Schedule
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7 Quarry Lakes Parkway Update
3 183 of 403
8 QUARRY LAKES PARKWAY, PHASES 1-4
Old Alameda
Creek
Alameda Creek
Flood Control
Channel
Line M
Line M
184 of 403
9 Quarry Lakes Parkway, Phases 1-4
• Overflow Pipeline-Additional flow from Line M
• Construct 3-foot weir at the downstream end of OAC
• Retain water for riparian habitat and biological resource improvements 185 of 403
10 QLP Project Overview

PHASES CONSTRUCTION

DURATION
EST.

CONSTRUCTION
COSTS
QLP, PHASE 1 (7th Street
Connection)
20 months $36 million
QLP, PHASE 2 (Gateway Site) 24 months $33 million
QLP, Phase 3 (11th St.

Connection/Niles Grade Sep)
36 months $78 million
QLP, Phase 4 (BART/Oakland
Grade Seps)
36 months $130 million
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11 QLP, Phases 1-4 Project Overview
187 of 403
12 Quarry Lakes Parkway –Transportation Funds
Dedicated Transportation Funds Regional
Sources
Amount
AlaCTC 1986 Measure B Funds County $65,500,000
AlaCTC 2005 CMA-TIP County $14,300,000
Caltrans Route 84 LATIP Funds State $41,814,000
AlaCTC 2014 Measure BB (TEP
21-Dumbarton)
County $40,000,000
AlaCTC 2014 Measure BB (TEP
22- Intermodal Station)
County $75,000,000
MTC RM3, Dumbarton Corridor
Funds
Bay Area $25,000,000
Total Funds $261,614,000
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13 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
▪ Realign 7th Street along Corp Yard
to connect to Chesapeake with new
Traffic Signal
▪ Reconstruct the Line M Open
Channel and Box
▪ Install new Line M Overflow Line
(Phases 1,3-4) with jack pipes
▪ Relocate & Reconstruct Corp Yard
Security Wall
▪ Mission Blvd Improvements
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14 PHASE 1: 7TH STREET CONNECTION
(7TH Street to Mission Boulevard)
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15 PHASE 2: GATEWAY CONNECTION
(Old Alameda Creek to Alvarado-Niles Road)
▪ Construct storm water quality treatment
basin and outfall structures in Old Alameda
Creek & install Line M overflow pipe
▪ Realign existing Quarry Lakes Drive
between new QLP and Isherwood
▪ Install and modify utilities
▪ Install new traffic signal and street lighting
▪ Install landscaping and Irrigation
▪ Major grading work
▪ Supports City Ventures Housing Site
191 of 403
16 Project Overview
QLP Phase 2 Project
192 of 403
17 Quarry Lakes Parkway, Phase 2
Multimodal Design Elements
• “Complete Streets” Design
• 20-foot Multi-Use Path
• Buffered Bike Lanes
• 35 MPH Speed Limit
• Landscaped Medians
• Connections to Parks and Trails
193 of 403
18 Quarry Lakes Parkway –Street Section (35 mph)
Multimodal Design: NACTO & Caltrans DIB-Complete Streets Public Engagement: City Council, BPAC, Community Meetings Project Partners: Alameda CTC, Fremont, AC Transit, BART, MTC, ACE, Alameda County Flood Control, East Bay Regional Park
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19 Quarry Lakes Drive –Street Section
195 of 403
20 Alvarado-Niles Road –Street Section
196 of 403
21 Quarry Lakes Parkway, Phase 2
Caltrans Property (LATIP Revenue $86 million)
Quarry Lakes Drive
Caltrans
Parcel
Caltrans Parcel
Approximate ROW Quarry Lakes Parkway / New Quarry Lakes Drive 197 of 403
Pre-Proposal Meeting for
Constructability Review (Construction
Management Services) for
Quarry Lakes Parkway, Phases 2 City
Project No. 18-04
Staging Presentation
Thursday, January 15, 2026, at Studio11
198 of 403
1 Construction Staging
QLP, Phase 2
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2 Construction Implementation – Stage 1
Major work west of Existing Quarry Lakes Drive
• Demolish existing structures
• Construct QLP from Old
Alameda Creek to QLD
• Construct QLD from QLP to
Fremont City Limit line
• Construct drainage outfall to
Alameda Creek
Construct water quality basin
200 of 403
3 Construction Implementation – Stage 2
Complete work west of Quarry Lakes Drive
• Construct remaining portion of
QLD
• Construct trail connection
• Demolish existing QLD
• Construct temporary pavement
201 of 403
4 Construction Implementation – Stage 3
Major work east of existing Quarry Lakes Drive
• Construct ANR – Super
elevation correction
• Construct ANR/Lotus Pond
intersection
• Construct Quarry Lakes
Parkway from ANR to existing
QLD
• Remove and reconstruct curb
and sidewalk
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5 Construction Implementation – Stage 4
• Remove ex. temporary
pavement at QLP and ex. QLD
and complete QLD
• Modify existing signal at
Osprey/ANR –temporary
• Construct east half of ANR
• Construct pavement widening
and Osprey Drive
• Rehab pavement on Osprey
Drive and resurface Osprey
Drive
203 of 403
6 Construction Implementation – Stage 5
• Construct median at ANR
• Complete ANR/Lotus Pond
intersection
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7 Construction Implementation – Stage 5 A & B
Intersection of ANR and Lotus Pond Commons
Option A Bid Alternative Option B Bid Alternative
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8 Open Discussion (Q & A)
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City Council Staff Report Page 1 of 11 March 24, 2026
Staff Report
Agenda Item No. 4.1
DATE: March 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Hold a Public Hearing and Adopt a Resolution of the City Council of the City of Union City Accepting the 2025 General Plan Annual Progress Report and the 2025 Housing Element Annual Progress Report

EXECUTIVE SUMMARY
Staff recommends that the City Council hold a public hearing and adopt the attached resolution (Attachment 1) accepting a report on the attached General Plan Annual Progress Report (“GP APR”) (Exhibit A) and the Housing Element Annual Progress Report (“HE APR”) (Exhibit B).

STRATEGIC PLAN ALIGNMENT
While this agenda item does not align with a specific Strategic Plan goal, acceptance of these reports supports the Strategic Plan’s citywide vision to communicate progress regularly to the City Council, employees, and the community through updates and reports.

BACKGROUND
California Government Code Section 65300 requires each city and county to adopt a general plan for the physical development of the jurisdiction. On December 10, 2019, the City Council adopted the Union City 2040 General Plan. The Housing Element, which addresses existing and projected housing needs, is one of the required elements of a general plan. The City’s 6th Cycle Housing Element, covering the period from 2023 through 2031, was adopted on May 23, 2023.

Consistent with California Government Code Section 65400(a)(2), the City is required to submit these reports to the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development by April 1 of each year. State law requires that the reports be presented to the City’s legislative body for review and acceptance. In addition, Housing Element Implementation Program HE-1.K requires the City to prepare an annual progress report on housing needs and implementation progress, and to present it to the City Council at a public hearing. 207 of 403
Agenda Item No. 4.1
City Council Staff Report Page 2 of 11 March 24, 2026
The GP APR (Exhibit A) addresses several components, including the City’s compliance with General Plan implementation programs, notable General Plan and Zoning amendments, and any required tribal consultation under state law when a General Plan amendment is proposed.

The HE APR (Exhibit B) summarizes the City’s progress in meeting its share of the regional housing needs allocation and implementing the programs contained in the 6th Cycle 2023–2031 Housing Element. The HE APR is prepared using electronic forms provided by the California Department of Housing and Community Development, and the City cannot modify the form’s font size or formatting.

DISCUSSION
Attached to this staff report are the City’s 2025 GP APR, included as Exhibit A, and the 2025 HE APR, included as Exhibit B. A high-level overview of each report, including selected 2025 highlights, is provided below.

A.General Plan Annual Progress Report
Consistency with State General Plan Guidelines
The Background section of the GP APR describes the process of developing the 2040 General Plan and the implementation programs to guide the plan’s goals.

Status of the General Plan Implementation Progress
The GP APR provides the status of the 2040 General Plan’s implementation programs.

The status is provided in the GP APR Summary Table (Attachment 1 to Exhibit A), which lists the programs that implement each element. There are a total of 116 implementation programs that implement the General Plan’s nine (9) elements.

Several of the implementation programs have been completed. A description of the notable progress implementing the General Plan in 2025 is highlighted below for each element.
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Agenda Item No. 4.1
City Council Staff Report Page 2 of 11 March 24, 2026
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Agenda Item No. 4.1
City Council Staff Report Page 3 of 11 March 24, 2026
Economic Development
• ED-1.A - Economic Development Strategic Plan. In 2025, the consultant worked with Economic Development staff to prepare a detailed analysis of the factors influencing economic development within the City. In addition, stakeholder interviews were conducted with the City Council, industrial and commercial businesses, property owners, real estate brokers in Union City, and others. These inputs went into the development of the plan’s goals, objectives, strategies, and implementation, which are currently being finalized. Approval from the City Council is anticipated in Spring 2026.
• ED-6.A - Retail Performance Monitoring. In 2025, the City worked with the new property owners of Central Plaza, located on Alvarado-Niles Road, which includes some commercial uses, on a blanket Use Permit to streamline the approval process for the establishment of new commercial uses (i.e., offices, restaurants, educational uses, etc.) and facade upgrades to modernize the existing center. • Additionally, the Union Landing Property and Business Improvement District (PBID) was renewed for an additional 5-year term, and a third-party management organization was hired to administer the district. Retail vacancy rates remain low, especially at Union Landing.

Staff also regularly worked to connect with the owners and brokers of the neighborhood shopping center to understand market trends and challenges.

Communication success has been mixed, with some stakeholders more engaged than others. This topic is also outlined in the draft Economic Development Strategic Plan.
• ED-7.A - Business Outreach Program.
o Staff worked with Mizuho OSI and Azimuth Semiconductor on business expansion efforts. Staff also worked closely with United Mechanical and Metal Fabricators (UMEC) on the construction of a building located near their current facility. In all three cases, staff have supported these businesses through the building and permit processes.
o Ongoing participation in the City's Homeless Task Force is critical to ensuring businesses and staff work together to address the adverse impacts of homeless individuals on businesses, including theft, employee safety, and business disruptions.
o Staff referred businesses in expansion mode to property owners with vacancies. o To promote Union City to new businesses and investors, staff worked with the San Francisco Business Times (SFBT) to create a "special insert." o With ongoing participation in East Bay Economic Development Alliance (EBEDA) and Silicon Valley Economic Development Alliance (SVEDA), staff can stay abreast of market conditions and other issues that impact businesses and economic development.
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Agenda Item No. 4.1
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Health & Quality of Life
• HQL-2.A - Parks and Recreation Master Plan. In June 2025, staff from Community and Recreation Services (CRS) and the Public Works Departments began work on the Parks and Recreation Master Plan, which provides a vision for the next 15 years.

Union City contracted with Gates and Associates to assist in developing the plan. In 2025, City staff held the first round of community engagement activities to share the recommendations of the Parks and Recreation Master Plan and to solicit residents' vision and needs. There will be a second round of community engagement to refine the emerging themes and recommendations for the Master Plan. It is anticipated that the Plan will be completed by December 2026 and presented to City Council for review and approval late 2026 to early 2027.
• HQL-4.B - Public Service Grants. In Program Year 2025 (PY25), the City received a CDBG entitlement grant of $474,879. Union City used CDBG funds for various activities that benefited low- and moderate-income people throughout the City.

These activities included:
o Home repair grants for owner-occupied low-income households o Meals and health/mental health services for low-income seniors o Support for survivors of domestic violence
o Business support, education, technical assistance, and incentives to help residents launch and operate in-home, family childcare businesses o Fair housing support for tenants
o Park improvements to Charles F. Kennedy Park
o Support of homeless adults and children, including shelter, meals, case management, and housing search services to homeless individuals o Support of seniors in the form of comprehensive in-person and video conference assessment for care planning, financial planning, legal assistance, transportation assistance, entitlement program access, nutrition program, personal care, and protective services.

The City also receives a HOME allocation each year. For PY25, the City received an allocation of $130,108 in HOME funds. The funds were used for Tenant-based Rental Assistance, which is a program managed by the City of Fremont. In addition, funds were used to support the City’s Scattered Sites Program, which is a partnership with Bay Area Community Services.
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Agenda Item No. 4.1
City Council Staff Report Page 4 of 11 March 24, 2026
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Agenda Item No. 4.1
City Council Staff Report Page 5 of 11 March 24, 2026
Community Design
• CD-6.B - Mural Program. CRS staff have been working on the BART Mural Project to place murals on nine (9) BART pillars. In addition, there were eight (8) utility box mural projects completed in 2025 at the following locations: Whipple Road and Ithaca Street; Smith Street and Tidewater Drive; Whipple Road and Mission Boulevard, Union City Boulevard and Jean Drive, Alvarado-Niles Road and Hop Ranch Road, Alvarado-Niles Road and Nidus Court, Union Landing Boulevard and Alvarado-Niles Road, and Alvarado Boulevard and Fredi Street. • CD-6.C - Public Art Inventory. Per direction from the Arts & Culture Commission, CRS staff are creating an inventory of existing public art throughout the City, including utility boxes, murals, statues, and other works.

Mobility
• M-1.A Complete Street Design Standards. Public Works staff continue to incorporate complete street design standards into street resurfacing projects when feasible. Design plans for upcoming projects, such as Quarry Lakes Parkway, Arizona Street Bike Boulevard, and Decoto Road Phase 2 Project, will adopt these standards. Staff also continues to review the City's standard specifications and design criteria, including complete street standards when feasible. • M-1.B Evaluate Performance of Transportation Network for All Users. As private development and public projects are designed, staff continue to include upgraded features, such as a camera detection system, across all types of street networks. In addition, network evaluations for all users are incorporated as feasible.

For example, the City is preparing project plans for a part-time bus lane on AlvaradoNiles Road to improve bus schedule efficiency. • M-2.B ADA Transition Plan-related Improvements. The Annual Sidewalk, Curb and Gutter, and Ramp Repair Project, City Project No. 25-03, was completed in 2025. The project made improvements at approximately 117 locations citywide to repair uplifted or damaged sidewalks and curb and gutter, and to upgrade sidewalks. • M-3.A Short-Range Transit Plan. Union City Transit started the Short-Range Transit Plan (SRTP) in fall 2025. There are upcoming public outreach meetings scheduled for spring 2026 to gather initial community input, so the SRTP contractor can draft a report to present at public outreach meetings in fall 2026, with anticipated adoption in December 2026.
• M-3.C Convert Bus Fleet. The Federal Transit Administration (FTA) threatened to rescind awarded but unobligated discretionary funds for six battery-electric buses unless Union City Transit changed the buses' propulsion systems. Union City Transit complied and modified the grant; secured the funds; canceled the order for six battery electric buses as eight of the original fourteen battery electric buses ordered were already on the production assembly line; and ordered seven compressed natural gas (CNG) buses using the new FTA grant funds before the December 31, 213 of 403
Agenda Item No. 4.1
City Council Staff Report Page 6 of 11 March 24, 2026
2025, deadline and before the California Air Resources Board (CARB) Innovative Clean Transit (ICT) regulation became applicable to Union City Transit on January 1, 2026. The eight battery electric buses that were part of the original order were delivered before December 31, 2025.

Safety
• S-1.A Maintain Codes and Regulations to Ensure Safety. The City Council adopted an update to the Building Code in November 2025 (Ordinance No. 2025- 006). The ordinance adopted the 2025 California Building Standards Code by reference and includes local amendments consisting of structural, fire and life safety, green building and sustainability, and administrative provisions or procedures. In accordance with state law, the 2025 California Building Standards Code, including all related appendices, went into effect on January 1, 2026. • S-2.A Comprehensive Emergency Management Plan. In 2025, the City's Office of Emergency Services (OES) launched a project to update the City's Emergency Operations Plan and all supplemental documents. In December 2025, the City Council adopted the new Emergency Operation Plan (EOP), which replaces the previous Comprehensive Emergency Management Plan (CEMP). • S-7.A Ensure Compliance with Hazardous Materials Regulations. The Environmental Programs Division made improvements to the City's Hazardous Materials Business Program. All but one deficiency from the State audit was satisfactorily corrected in 2025. Environmental Programs staff completed 299 CUPA program inspections at 111 facilities.

Public Facilities
• PF-2.A Customer Service Improvement. In 2025, the City began procuring a modernized online permitting system. Once implemented, the new system will replace the City’s current paper-based process and will increase transparency and accessibility for the public. Features of the new online system include processing Building, Planning, and Public Works permits; tracking related inspections; tracking Neighborhood Preservation cases; and supporting regulatory compliance activities. • PF-6.A Public Education Program on Waste Reduction, Recycling, Composting, and Green Purchasing. The following coordinated efforts continue to advance SB 1383 compliance, support greenhouse gas reduction goals, increase diversion, and promote long-term sustainable materials management within the community.
o The City further strengthened its public education program by enhancing the Community Compost Hub and expanding outreach and technical assistance efforts across all community segments, including single-family residents, multifamily properties, commercial businesses, schools, and community organizations. o Improvements to the Compost Hub included upgraded and standardized signage, improved site layout for safer and more efficient compost loading and pickup, 214 of 403
Agenda Item No. 4.1
City Council Staff Report Page 7 of 11 March 24, 2026
clearer instructional graphics on proper compost use, and expanded educational displays with QR-linked digital resources to reinforce proper organics diversion, recycling practices, and green purchasing.
o Completed the rollout of new solid waste containers to all customers featuring SB 1383-compliant colors, standardized labeling, and clearer visual guidance to reduce confusion and contamination.
o City increased sector-specific outreach through updated service guides, targeted mailers, bill inserts, contamination feedback tags, and on-site engagement. o In coordination with its franchise haulers, the City expanded contamination monitoring (“lid-flipping”) campaigns and route-level education to reduce improper sorting, improve material quality, and enhance collection efficiencies. • PF-8.F Cybersecurity Plan. Union City has made significant progress in advancing and implementing our Cybersecurity Plan in 2025, including the following achievements:
o Introduced 24/7 identity monitoring to safeguard user access to cloud services o Enacted risk-based access controls to Microsoft's 365 environment o Implemented multi-factor authentication for remote connections to City systems and in support of CJIS requirements for UCPD
o Conducted the City’s first cybersecurity tabletop exercise, strengthening incident response preparedness
o Updated Union City's Cybersecurity Roadmap and Risk Register o Deployed a web application firewall to protect critical business services from external threats
o Delivered community workshops focused on fraud prevention and cybersecurity awareness for seniors
o Supported youth career development through cybersecurity training and educational programs
• PF-9.A Police Department Strategic Plan. The Police Department (PD) completed the fourth year of its 5-Year Strategic Plan. The PD continued to focus on transparency, accountability, and increased communication. One of the major highlights was identifying two officers who will transfer into the Community Oriented Policing and Problem Solving (COPPS) Unit at the beginning of 2026.

Resource Conservation
• RC-7.A - Update the Climate Action Plan. In 2025, City staff continued work on this action item by reviewing consultant proposals and conducting interviews to select a consultant to help update Union City's CAP. On May 13, 2025, the City Council adopted Resolution No. 2025-067, authorizing Ascent Environmental, Inc. to prepare the CAP update. Concurrently, the City Council also adopted Resolution No. 2025-070, establishing a Climate Action Plan Task Force, a Brown-Act body to provide policy guidance throughout the update development and support its implementation. The CAP Task Force comprises two City Councilmembers, three commissioners, and two at-large community members.
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The project (CAP 2.0) officially commenced on July 23, 2025, with a kick-off meeting.

The initial months involved an audit of existing City documents and policies, gathering the requisite data, establishing an ICLEI account, and transferring the data to ClearPath 2.0. Concurrently, the project team also refined the project timeline and developed an engagement plan to guide work through 2025 and 2026.

In September 2025, the CivicSpark Fellow was hired to support ongoing coordination and analysis. City staff also continue to monitor evolving state requirements and regional climate and adaptation initiatives to identify opportunities for alignment and collaboration. On October 23, 2025, the Task Force convened for the first time, receiving an overview of state climate goals, the purpose and structure of climate action plans, the CAP 2.0 scope and schedule, and the Task Force’s advisory role.

Upcoming work on CAP 2.0 will include more Task Force meetings and community workshops to support public engagement and stakeholder input. Preparation of the Draft CAP 2.0 is anticipated in winter 2026/2027, with City Council consideration and adoption of the Final CAP expected in spring 2027.

Special Areas
• SA-1.B Funding for Station District Public Improvements. o The construction contract for the At-Grade Pedestrian Crossing to BART was awarded in 2025 and is anticipated to be completed in early 2027. o Oakland Subdivision replacement of concrete panels took place in the summer of 2025.
o Decoto Road Rehabilitation Project Phase 2 is scheduled to begin construction in Spring 2027. This project will add improved bike lanes and pedestrian infrastructure on Decoto Road. (from Mission Road to 11th Street) leading to BART.
o The Block 5 Mobility Hub project was funded through MTC's 2024 Climate Program Implementation Grants - Regional Mobility Hubs in the amount of $2,259,000. The project will be in planning and design through mid-2027. The Block 5 Mobility Hub project will complete the eastside improvements at the Union City BART Station with new transit amenities to support the East Plaza/Transit Loop area. These improvements include bus shelters, wayfinding signage, and informational signage for UC Transit and FLEA service. The project also includes a new transit plaza with benches, bike lockers, and repair stations, along with new lighting and landscaping. The project also includes the replacement of existing and the addition of new Union City Transit Center identification signs within the surrounding Station District area.
• SA-10.A Evaluate Lighting Levels in the Decoto Neighborhood. The lighting analysis for the Alvarado-Niles Road and Decoto Road corridors has been completed. Both corridors have been identified as part of the high-injury network in the Local Roadway Safety Plan (LRSP). Lighting improvements will be implemented in phases as funding becomes available.
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General Plan and Development Code Amendments
In 2025, the City processed the following zoning text amendments:
• Title 18, Zoning, Chapter 18.34, Accessory Dwelling Units was amended in accordance with Housing Element Policy, HE-2.D Accessory Dwelling Unit (ADU) Promotion. The updates also included minor amendments to Chapters 18.08, Definitions; 18.31, SB 9, Subdivisions and Development Projects; 18.32, Residential Districts; and 18.33, Affordable Housing, to be consistent with the updates to Chapter 18.34.
• Chapters 18.08 Definitions, 18.27 Village Mixed Use District, and 18.36 Commercial Districts were amended to streamline regulations for live music uses and to allow event space uses within the Village Mixed Use (VMU) District. These amendments implement Implementation Policy SA-11.C, Review Permitted Uses in the Zoning Ordinance, which calls for a periodic evaluation of permitted commercial uses to support the economic vitality of the Smith Street commercial area.

Consultation with California Native American Tribes
Chapter 905 of the Statutes of 2004 requires that, when preparing or amending a general plan or adopting a specific plan, cities and counties provide opportunities for citizen involvement from California Native American tribes. There were no general plan amendments and, therefore, no tribal consultations.

B.Housing Element Annual Progress Report
Consistent with state requirements, the HE APR provides progress on housing development and housing-related programs for 2025, reflecting the City’s progress toward meeting its share of the regional housing need allocation (RHNA). RHNA determines the number of new residential units across various income levels that a local jurisdiction must plan for every eight years.

The reporting requirements address information related to discretionary applications for new housing development, compliance with various state requirements, including the identification of the City’s surplus lands and projects processed consistent with SB 35, and the status of state grants the City received.

The HE APR tracks housing progress by reporting the number of discretionary housing applications submitted and the number of building permits and/or certificates of occupancy issued. For housing projects completed or building permits and/or certificates of occupancy issued, the reporting requires the units to be broken into affordability categories based on Area Median Income (AMI) for households. The categories include: Extremely low income (0-30% AMI), Very Low Income (30%-50% AMI), Low Income (50%-80% AMI), Moderate (80%-120% AMI), and Above-moderate (Above 120% AMI). AMI for 2025 for a family of four is as follows:
• Extremely Low Income was between $0-47,950
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• Very Low Income was between $47,950-79,900,
• Low Income was between $79,900-125,050,
• Moderate Income was between $125,050-191,750, and
• Above-moderate Income was $191,750 or more.

For 2025, the City issued building permits for a total of 145 residential units, including 30 Very Low-income units, 56 Low-income units, 19 Moderate-income units, and 23 above-moderate-income units. The building permits issued for the affordable units (i.e., low, very low, and moderate categories) are mainly attributed to the Lazuli Landing project and individual ADUs/JADUs throughout the City. The building permits issued for the above moderate units are mainly attributed to the new homes associated with the Carmel Pointe development in the Seabreeze neighborhood, a 6-unit townhome project at Dyer Street and Meteor Drive, and the development of individual single-family homes.

As part of the HE APR, a Housing Programs Progress Report is also included that summarizes the implementation of the Housing Element programs.

A description of the notable progress in implementing the Housing Element is highlighted below.
• HE-6.D Increase Opportunities in the Decoto and Historic Alvarado District Neighborhoods. The City prioritizes improving public facilities and developing complete streets and transit amenities in the Decoto Neighborhood and the Historic Alvarado District to promote place-based revitalization and enhance pedestrian safety in these older, relatively lower-income areas. In 2024, the City completed a park upgrade to the Old Alvarado/Cesar Chavez Park in the Historic Alvarado District. The City rehabilitated Fred Castro Park, located in the Decoto neighborhood. In 2025, the Charles F. Kennedy Park Rehabilitation project began, serving the Decoto neighborhood.
• HE-7.E Safe Parking Program. The City continues to run the CAREavan program and provide safe parking locations for people experiencing homelessness. Due to recent cuts in state and federal funding, the City is beginning to explore other funding sources to support the program. In 2025, the program assisted 88 vehicles, 104 adults, 19 children, and 30 pets.
• HE-7.F Scattered Site Housing for Persons Experiencing Homelessness. The City has worked closely with BACS and the City of Hayward to secure a conditional award from the Homekey program. The partnership acquired one property with BACS using Homekey funds to provide extremely low-income housing for individuals experiencing homelessness, with an emphasis on identifying sites in high-resource census tracts. BACS successfully secured one property for the City, and the HCD approval process was completed to enter into a standard agreement. This agreement was finalized in December 2024. City staff worked with BACS to prepare the properties for lease-up, and the properties were fully leased by the end of 2025. 218 of 403
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C.Next Steps
After acceptance by the City Council, staff will submit the GP APR to the Governor's Office of Land Use and Climate Innovation and California Department of Housing and Community Development, and the HE APR to the California Department of Housing and Community Development by the April 1 deadline. Staff will also be presenting the reports to the Planning Commission in April as an informational item.

FISCAL IMPACT
Acceptance of the GP APR and HE APR will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council hold a public hearing and adopt the attached draft resolution accepting the 2025 General Plan Annual Progress Report and the 2025 Housing Element Annual Progress Report.

Prepared by: Natalie Dean, Associate Planner
Submitted by: Carmela Campbell, Economic and Community Development Director

ATTACHMENTS
• Draft Resolution
• Exhibit A - General Plan Annual Progress Report
• Exhibit B - Housing Element Annual Progress Report
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RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY RECEIVING THE 2025 GENERAL PLAN ANNUAL PROGRESS
REPORT AND THE 2025 HOUSING ELEMENT ANNUAL PROGRESS
REPORT
WHEREAS, a General Plan Annual Progress Report (“GP APR”) and a Housing Element Annual Progress Report (“HE APR”) were prepared for calendar year 2025, labeled Exhibit A and Exhibit B, respectively, attached hereto and incorporated herein by this reference; and
WHEREAS, consistent with California Government Code Section 65400(a)(2), the City is required to prepare and submit the GP APR and HE APR to the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development by April 1, 2026; and
WHEREAS, Implementation Program HE-1.K of the Housing Element also requires the preparation of an annual progress report to review progress toward meeting housing needs and implementing the Housing Element objectives, and further requires that the report be presented to the City Council at a public hearing; and WHEREAS, a duly noticed public hearing was held before the City Council of the City of Union City on March 24, 2026, to consider the GP APR and HE APR, at which time all interested parties had the opportunity to be heard.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

Section 1. The City Council hereby receives the 2025 General Plan Annual Progress Report, attached hereto as Exhibit A.

Section 2. The City Council hereby receives the 2025 Housing Element Annual Progress Report, attached hereto as Exhibit B.

Section 3. Staff is authorized and directed to submit the reports to the appropriate state agencies in accordance with applicable law. 220 of 403
Resolution No. 2026-XXX
Receiving 2025 General Plan and Housing Element Annual Progress Reports