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)
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 Page | 2
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 Page | 3
“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.
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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]).
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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 Page | 10
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 Page | 13
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 Page | 14
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
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
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:
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
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
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
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.
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.
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.
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.
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
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
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.
[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 ,
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
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
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
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
must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed 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
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
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
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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 Alameda CTC Agreement No. A22-0053
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]
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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
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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 Alameda CTC Agreement No. A22-0053
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
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 Alameda CTC Agreement No. A22-0053
Amendment No. 03
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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 Alameda CTC Agreement No. A22-0053
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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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 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).
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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 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 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 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 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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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 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 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 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.
Docusign Envelope ID: 6B5ABF1B-CD99-4AAA-8B6B-D2F04B1151F4 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 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
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.
3 RM 3, Dumbarton Corridor Improvement Program Funds
MTC Approved RM 3 List of Projects in June 2024
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
5 QUARRY LAKES PARKWAY, PHASES 1-4
Old Alameda
Creek
Alameda Creek
Flood Control
Channel
Line M
Line M
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)
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
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.
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. 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 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
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
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
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)
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)
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)
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
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 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)
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 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
22 RM 3, Dumbarton Corridor Improvement Program
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
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
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?
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 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 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):
Addendum No.
2– Quarry Lakes Parkway Phase2
2