seeding of the entire field that took place in May, the field was reopened for the community’s enjoyment in June. Additional upgrades to the irrigation system using the FY 2025/26 budget are planned for October/November of this year. • Fernandez Park Sewer Lateral: To address the severely damaged lateral sewer pipe (cased in concrete) that connects the park’s restrooms to the main that runs along Tennent Avenue, various methods of repair or replacement were investigated. As a result, a pipe insert that eliminated the need for any demolition to the existing walkway or concrete casing was installed, along with two pumps and a well. This construction technique has proven to be effective, and the system functioned efficiently during the high use of special events that took place during the month of June. This emergency project was funded by enterprise fees funds.
• Pinon Trunk Sewer Capacity Phase 2 Project (SS2401): In May 2024, Phase 2 of the Project was advertised for construction with bids received by June 4, 2024. On June 25, 2024, the City Council awarded a construction contract to the lowest responsive and responsible bidder, K.J. Woods Construction, Inc. The Notice to Proceed was issued on October 14, 2024, and the work has been underway since. The project construction was initially planned for completion by the end of July 2025 with project close-out by the end of September 2025. However, various issues have arisen including breakages to EBMUD pipe at three different occasions. Staff have held several field and virtual meetings with the contractor’s team, as well as meetings with neighboring residents and staff of EBMUD. Most recently, staff submitted a letter of concern to the contractor listing issues with construction practices in relation to the project’s standard plans and specifications. Improvements are currently being pursued to address the concerns raised.
• Roble Avenue Storm Drain Improvement Project (SW2001): The Roble Avenue Drain Improvement Project is expected to exceed the retrofit requirements of the Municipal Regional Storm Water of 1.16 acres, and establish road improvements including the provision of a sidewalk. Staff issued a request for proposals on November 27, 2024, with proposals received by January 9, 2025. A qualified consultant has since been selected by a panel based on the submitted proposals and follow-up interviews. A contract for the environmental review and design was approved by the City Council on June 3rd, 2025. Following the contract signing by all parties, the construction kick-off meeting took place on July 2nd, 2025.
• Active Transportation Plan (RO2106): On March 7, 2023, the City Council awarded a contract to GHD, Inc. to develop an Active Transportation Plan (ATP) for the City of Pinole with the objectives to promote walking, cycling, and connectivity to public transit.
The set objectives aim to improve public health and safety, reduce greenhouse gas emissions, and enhance the livability of our community. GHD produced a draft ATP report which was presented to the Traffic and Pedestrian Safety Committee (TAPS) on January 8, 2025. Input from the TAPS, City staff and the community are being incorporated into the ATP. Due to the significant revisions and additions needed, an amendment to the GHD contract was approved by City Council on June 17, 2025, that increased the budget by a not-to-exceed amount of $30,000 to be paid at the satisfactory completion of the plan and extended the contract term to December 31, 2025. The signing of the contract amendment was completed on July 1, 2025, to reactivate the project.
• Storm Drain Master Plan (IN1703): On August 15, 2023, City Council awarded a contract to West Yost Associates (West Yost) to develop the City’s Storm Drain Master
Plan. This project is intended to identify, analyze and prioritize the capital improvement needs of the City’s storm water management system to reduce flood risks, enhance public safety and protect City assets. Findings and recommendations developed during preparation of the Storm Drain Master Plan will be used by staff to develop or update CIP projects, and the final Plan will be presented to City Council. Staff are in regular coordination with the West Yost team (consultant). Site inspections of the drain inlets throughout the city are presently underway by the consultant along with an update of the associated mapping.
• San Pablo Avenue Bridge Replacement (RO1710): Age and condition assessment of the San Pablo Avenue bridge supports replacement. In February 2020, the City awarded a contract to a consultants’ team to conduct the Preliminary Engineering (PE) and advance the project. Work on the project was recently resumed, and the environmental review (CEQA and NEPA) is scheduled for completion by December 31, 2025, with the project design commencing in early 2026. The project is receiving Highway Bridge Program (HPB), Strategic Management Planning Program (STMP), and Transportation Land-Use Connections (TLC) grant funds. Through coordination with Caltrans, the City received an early release of the HBP grant funds to support the PE work. In addition, staff coordinated with the West County Transportation Commission team and changes were approved by the WCCTC Board on May 23, 2025, which extended the term of the STMP grant agreement by an additional four years and allowed flexibility in the use of the grant funds. Consequently, a fourth amendment to agreement with Consor North America, Inc. was approved by City Council on July 1, 2025, thereby increasing the consultant’s compensation by a not-to-exceed amount of $199,300 (funded by HBP grant fund) for completing the project’s environmental review and associated approvals. In addition, a sixth amendment to agreement with GrayBowen-Scott is being considered by City Council on July 15, 2025, for increasing the consultant’s compensation by a not-to-exceed amount of $350,005 (to be funded by STMP grant fund) and extending the agreement to June 30, 2027, to provide project management support services through completion of the PE phase.
Inspections and Permits:
• Month of April: 134 inspections were performed, 35 permits (1 encroachment, 18 sewer lateral, 2 transportation, and 14 utility encroachment) were issued, and $37,090.10 permit fees were collected.
• Month of May: 187 inspections were performed, 44 permits (1 encroachment, 17 sewer lateral, and 26 utility encroachment) were issued, and $47,859.25 permit fees were collected.
• Month of June: 155 inspections were performed, 36 permits (26 sewer lateral, 2 transportation, and 8 utility encroachment) were issued, and $30,246.30 permit fees were collected.
Maintenance Operations:
• Month of April: Completion of 382 service requests and repairs including 11 stormwater
(catch basins, storm drain, and sweeping), 18 wastewater (sewer main, sewer overflow, and video capture), 2 signs, 43 roads (potholes, traffic signals, streetlights, vegetation management, trees trimming, and pavement markings), 245 parks (vegetation management, trees trimming, fields maintenance, gopher control, irrigation, debris removal, restrooms, special events, and graffiti) , 12 illegal dumping, 6 emergency calls, 2 fleet, and 43 facilities (lights, furniture, elevators, plumbing, pools repair, appliances, paint, and doors and locks).
• Month of May: Responding to 426 requests and repairs including 23 stormwater, 14 wastewater, 12 signs, 39 roads, 247 parks, 14 illegal dumping, 10 emergency calls, 3 fleet, and 64 facilities.
• Month of June: Responding to 465 requests and repairs including 16 stormwater, 18 wastewater, 7 signs, 48 roads, 258 parks, 12 illegal dumping, 6 emergency calls, 34 fleet, and 66 facilities.
It should be noted that the aforementioned vegetation management efforts exclude work performed by the outside contractor. It should also be noted that the Maintenance Operations team also established parking prohibitions, including daylighting requirement, at 18 locations during the month of June namely at: Valley Avenue at San Pablo Avenue, Third Avenue at San Pablo Avenue, Second Avenue at San Pablo Avenue, Rogers Way at San Pablo Avenue, Quinan Street at Buena Vista Street, Pinole Valley Road at Ellerhorst Street, Pinole Valley Road at Downer Street, Orleans Drive at Tennent Avenue, Kilkenny Way at Tara Hills Drive, Kilkenny Way at Kildare Way, Kildare Way at Barkley Court, Kildare Way at Marlesta Road, Kildare Way at Tara Hills Drive, Kelly Court at Mann Drive, Fourth Avenue at San Pablo Avenue, Fifth Avenue at San Pablo Avenue, Amend Street at Mann Drive, 80 feet on San Pablo from Fourth Avenue to Fifth Avenue.
FISCAL IMPACT
There is no fiscal impact to reporting on projects and operational updates.
ATTACHMENTS
None
CITY COUNCIL
REPORT 9.L.
DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heba El-Guindy, Public Works Director, [email protected] SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE CITY OF PINOLE AND SPEKTREN ENGINEERING, INC. FOR THE CONSTRUCTION OF THE
SIDEWALK REHABILITATION PROGRAM (CIP PROJECT NO. RO2402)
RECOMMENDATION
Adopt attached Resolution (Attachment A) associated with approval of the Construction Services Agreement (Attachment C & D) between the City of Pinole and Spektren Engineering, Inc. for FY 2024/25 Sidewalk Rehabilitation Program (CIP Project No RO2402) with an annual budget of up-to $150,000 funded by Measure S.
BACKGROUND
This FY 2024/25 Sidewalk Rehabilitation Program (CIP Project No RO2402) is a funded Project contained in the City Council approved FY 2024/25 through FY 2028/29 Capital Improvement Plan (CIP) with an annual budget of $150,000 funded by Measure S.
Implementation of the Project in FY 2025/26 requires appropriation of the Project funds from FY2024/25 to FY 2025/26.
The Project aims to upgrade existing pedestrian curb ramps and to install new pedestrian curb ramps where missing high priority areas and locations with high levels of pedestrian activity.
All upgraded and new pedestrian curb ramps will be compliant with the ADA requirements.
It should be noted that FY 2025/26 Sidewalk Rehabilitation Program contained in the City Council approved FY 2025/26 through FY 2029/30 CIP is likely to be bundled with other CIP projects such as the Pavement Rehabilitation Project for increased efficiency.
REVIEW AND ANALYSIS
On May 29, 2025, City staff released the FY 2024/25 Sidewalk Rehabilitation Program (Project No. RO2402) for public bidding on www.publicpurchase.com and www.ci.pinole.ca.us/bids with due date for bids submittal on June 12, 2025. An evaluation panel was formed of three Public Works staff members who reviewed the nine (9) received bids that ranged in costs between $111,200.00 and $348,317.70. A summary of all received bids is attached (Attachment B) Following a thorough review of completeness and compliance with the bid requirements, the lowest responsive and responsible bid selected is of Spektren Engineering, Inc. in the amount of $111,200. Staff recommends allowing the additions of curb ramps to the scope to further tackle key locations especially in the Downtown area through the execution of change orders
for up-to a total amount of $150,000.
A Construction Services Agreement between the City and Spektren Engineering, Inc. along with associated bid submitted are attached (Attachments C & D). It should be noted that all required insurance documentations and other requirements will be added prior to signing/execution of the Agreement.
FISCAL IMPACT
This FY 2024/25 Sidewalk Rehabilitation Program (CIP Project No RO2402) is a funded Project contained in the City Council approved FY 2024/25 through FY 2028/29 Capital Improvement Plan (CIP) with a budget of $150,000 funded by Measure S. Implementation of the Project in FY 2025/26 requires appropriation of the Project funds of $150,000 from FY 2024/25 to FY 2025/26.
ATTACHMENTS
A. Resolution
B. Bids Summary
C. Agreement
D. Selected Bid
RESOLUTION NO. 2025 – xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AWARDING A
CONSTRUCTION SERVICES AGREEMENT FOR THE SIDEWALK REHABILITATION PROGRAM (CIP PROJECT NO. RO2402) TO SPEKTREN ENGINEERING, INC. IN AN AMOUNT NOT TO EXCEED $111,200 AND SUBJECT TO ADDITIONS BY CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $150,000
WHEREAS, the City of Pinole (“City”) adopted the FY 2024/25 through FY 2028/29 Capital Improvement Plan (CIP) which includes the Sidewalk Rehabilitation Program (CIP Project No RO2402 “Project”) with an annual budget of up-to $150,000 funded by Measure S; and
WHEREAS, Title II of the Americans with Disability Act (ADA) requires local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps at pedestrian crossings and at public transportation stops where walkways intersect with a vertical curb; and
WHEREAS, to comply with ADA requirements, the curb ramps provided must meet specific standards for width, slope, cross slope, placement, and other features. Per ADA standards, all streets constructed after January 26, 1992, must provide curb ramps in compliance with the ADA standards. In addition, any street that was constructed prior to 1992, but was altered after 1992, must also provide ADA-compliant curb ramps; and WHEREAS, the purpose of this Project is to upgrade existing pedestrian curb ramps and to install new pedestrian curb ramps at high priority areas and locations with high levels of pedestrian activity. All upgraded and new pedestrian curb ramps will be compliant with the ADA requirements; and
WHEREAS, on May 29, 2025, City staff released the FY 2024/25 Sidewalk Rehabilitation Program (Project No. RO2402) for public bidding on www.publicpurchase.com and www.ci.pinole.ca.us/bids with due date for bids submittal on June 12, 2025; and
WHEREAS, an evaluation panel was formed of three Public Works staff members who reviewed the nine (9) received bids that ranged in costs from $111,200.00 to $348,317.70; and
WHEREAS, following a thorough review of completeness and compliance with the bid requirements, the lowest responsive and responsible bid selected is for Spektren Engineering, Inc. (“Contractor”) in the amount of $111,200; and WHEREAS, a Construction Services Agreement between the City and Spektren Engineering, Inc. is attached as Exhibit A; and
WHEREAS, there is a need for reappropriation of the Project budget from FY 2024/25 to FY 2025/26 in the amount of $150,000 to fund the Project construction; and WHEREAS, the available funds will allow the addition of curb ramps at key locations especially in the Downtown area.
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole as follows:
1. Approve selection of Spektren Engineering, Inc. (“Contractor”) for performing construction of the FY 2024/25 Sidewalk Rehabilitation Program - CIP Project No RO2402 (“Project”).
2. Reappropriate the Project fund of Measure S in the amount of $150,000 from FY 2024/25 to FY 2025/26.
3. Authorize the City Manager to execute the Construction Services Agreement (Exhibit A) with the Contractor in the amount of $111,200 and subject to additions by change orders for a total amount not-to-exceed $150,000.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 15th day of July 2025 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 15th day of July 2025.
____________________________
Heather Bell
City Clerk
Pinole
Department of Public Works
2131 Pear Street, Pinole, CA 94564
Tel (510) 724-9010 Fax (510) 724-4921
Sidewalk Rehabilitation Program
CIP Project #: RO2402
General Information
Bids Due Date: Thursday, June 12, 2025, at 3:00 PM
BIDDERS SUBMITTED BIDS
Spektren Engineering, Inc. $111,200.00
Bosco Construction Services, Inc. $111,762.40
Golden Bay Construction $150,484.00
Modernscapes Innovations $163,900.00
FBD VANGUARD Construction $190,753.00
Vision Build Construction $198,000.00
Dimension Construction $203,633.05
INDUS General, Inc. $231,933.00
E.E. Gilbert Construction, Inc. $348,317.70
City of Pinole Construction Services Agreement Page 1 of 16
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND SPEKTREN ENGINEERING, INC.
Sidewalk Rehabilitation Program
CIP Project No. RO2402
This agreement for Construction Services (“Agreement”) is entered into on July 16, 2025, between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and SPEKTREN ENGINEERING, INC. (“Contractor”) (together sometimes referred to as the “Parties”).
WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein. This Agreement, and the Contract Documents, includes the exhibits to this Agreement, including Exhibit A Required Federal-Aid Contract Language (For Local Assistance Construction Projects) (Includes Form FHWA-1273 from Bid Documents), and Exhibit B Minimum Wage Rates (Federal and State Prevailing Wage Rates from Bid Documents.)
2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.
3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever for or against the City.
4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.
5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay
City of Pinole Construction Services Agreement Page 2 of 16 Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:
Project Name: Sidewalk Rehabilitation Program
Project No.: RO2402
Federal Project No.: N/A
7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay, and Contractor agrees to accept, in full payment for the above work, One Hundred Eleven Thousand Two Hundred Dollars ($111,200) as stipulated sum price which Contractor bid in its attached Bid Form, subject to additions by Change Order(s) as provided in the General Conditions for a total amount not-to-exceed One Hundred and Fifty Thousand Dollars ($150,000). Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.
9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge any sum of money against Contractor, the City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.
10. TIME OF COMPLETION. The entire work shall be completed to the satisfaction of the City within Ninety (90) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.
11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish.
Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and
City of Pinole Construction Services Agreement Page 3 of 16 agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore.
In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks, or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site. 12 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.
12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12.2 General Liability Insurance. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. a) Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
b) Claims-made coverage is not acceptable.
c) The limits of liability shall not be less than:
Each occurrence: TWO Million Dollars ($2,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) d) If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract. e) If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract. f) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
City of Pinole Construction Services Agreement Page 4 of 16
12.3 Automobile Liability Insurance. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. a) Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
b) The limits of liability per accident shall not be less than:
Combined Single Limit One Million Dollars ($1,000,000)
If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.
12.4 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
12.5 All Policies Requirements.
12.5.1 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.
12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.
12.5.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor’s earliest possible opportunity and in no case later than ten (10) working days after Contractor is notified of the change in coverage.
12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor in the course of providing services pursuant to this Agreement. The coverage shall contain no special
City of Pinole Construction Services Agreement Page 5 of 16 limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
12.5.5 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the 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.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
12.5.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
12.5.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
12.5.8 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
City of Pinole Construction Services Agreement Page 6 of 16
12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement 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 City for all work performed by Contractor, its employees, agents and subcontractors.
13 NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have. 14 DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual amount of the damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and it is impracticable and extremely difficult to fix the actual damages. Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified.
15 LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be Two Hundred Fifty Dollars ($250.00) for each Calendar Day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay. 16 TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed.
17 CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy,
City of Pinole Construction Services Agreement Page 7 of 16 terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.
18 PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor. a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract. b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.
Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
All bonds submitted shall include the following:
1. Full name and address of the Contractor Surety, and the City;
2. Contract Date;
3. Exact Contract Sum;
4. Project Name and Address;
5. Signature of the Contractor
6. Corporate Seal, if applicable;
7. Signature of Authorized Surety Representative;
8. Notarization of the Contractor and Surety;
9. Power of Attorney; and
10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.
19 SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit.
City of Pinole Construction Services Agreement Page 8 of 16 20 GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation.
21 AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work. The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.
The City will administer its authority through a duly designated representative identified at the pre-construction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.
Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.
Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
22 RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.
The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.
City of Pinole Construction Services Agreement Page 9 of 16 23 INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party
To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.
The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.
The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.
The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.
City of Pinole Construction Services Agreement Page 10 of 16 The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.
In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.
24 LEGAL REQUIREMENTS.
24.1 Governing Law. The laws of the State of California shall govern this Agreement.
24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.
24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, 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 Contractor under this Agreement.
24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provision of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.
24.6 Unfair Competition. The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and
City of Pinole Construction Services Agreement Page 11 of 16 agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary.
25 MODIFICATION.
25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.
25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.
25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.
25.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
25.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
25.5.1 Immediately terminate the Agreement;
25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;
25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or
25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.
City of Pinole Construction Services Agreement Page 12 of 16 26 KEEPING AND STATUS OF RECORDS.
26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
26.2 Contractor’s Books and Records. Contractor shall maintain any and all 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 three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer, or disclosure of such Information.
Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. 27 MISCELLANEOUS PROVISIONS.
27.1 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.
27.2 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 Contra Costa or in the United States District Court for the Northern District of California.
27.3 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.
27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.
27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.
27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the
City of Pinole Construction Services Agreement Page 13 of 16 same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
27.7 Contract Administration. This Agreement shall be administered by Public Works Director Heba El-Guindy or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through Heba El-Guindy.
27.8 Notices. Any written notice to Contractor shall be sent to:
Emiliano Villalobos Guzman, President
Spektren Engineering, Inc.
645 Rucker Ave
Gilroy, CA 95020
Any written notice to City shall be sent to:
Heba El-Guindy, Public Works Director
City of Pinole
2131 Pear Street
Pinole, CA 94564
27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF PINOLE SPEKTREN ENGINEERING, INC.
________________________________ ________________________________ Kelcey Young, City Manager Emiliano Villalobos Guzman, President Dated: ___________________________ Dated: __________________________
City of Pinole Construction Services Agreement Page 14 of 16 Approved as to Form:
____________________________
Eric Casher, City Attorney
Dated: ___________________________
Attested By:
__________________________
Heather Bell, City Clerk
Dated: ___________________________
City of Pinole Construction Services Agreement Page 15 of 16
EXHIBIT A
Required Federal-Aid Contract Language
(For Local Assistance Construction Projects)
(Includes Form FHWA-1273 from Bid Documents)
City of Pinole Construction Services Agreement Page 16 of 16
EXHIBIT B
Minimum Wage Rates
(Federal and State Prevailing Wage Rates from Bid Documents)
CITY COUNCIL
REPORT 9.M.
DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Andrea Dwyer, Community Services Director, 5107249820, [email protected]
Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY OF PINOLE TO APPLY FOR THE LAND AND WATER CONSERVATION FUND (LWCF) PROGRAM.
RECOMMENDATION
To pursue grant funding to support priority park rehabilitation projects, Staff recommends that the City Council adopt a Resolution (Attachment A) authorizing the City of Pinole to apply for the Land and Water Conservation Fund (LWCF) program through the California Department of Parks and Recreation, and authorizing the City Manager or designee to execute and submit the application and any related documents required.
BACKGROUND
The Land and Water Conservation Fund (LWCF) is a federally funded grant program administered in California by the Department of Parks and Recreation. It provides matching grants to local governments for the acquisition or development of public outdoor recreation areas and facilities. The program’s purpose is to preserve, develop, and assure access to outdoor recreation resources for current and future generations.
The City of Pinole is preparing an application for LWCF funding to support the rehabilitation of two key recreation assets:
• The Caretaker’s House, a historic structure in need of repair and adaptive reuse to support outdoor public programming; and
• The Dog Park, which requires accessibility, safety, and amenity improvements to better serve the community.
These projects align with the LWCF’s goals to improve access and enjoyment of public open spaces and will preserve recreational use and community heritage.
REVIEW AND ANALYSIS
The LWCF program operates on a competitive basis and requires that applicants:
• Submit a full application by August 5, 2025;
• Demonstrate project readiness and local match funding (on a 50/50 reimbursement basis);
• Comply with federal and state requirements, including CEQA and the National Environmental Policy Act (NEPA), as applicable;
• Ensure long-term protection of funded sites for outdoor recreation use.
If awarded, the grant would help the City revitalize two aging amenities. The Caretaker’s House, currently an aging and unusable facility, would be rehabilitated to provide the community with a historically revitalized space supporting outdoor recreation opportunities, educational programs, volunteer coordination, and other community-serving activities. This project would preserve the site’s historic character while transforming it into a functional space for residents to gather, learn, and enjoy outdoor activities.
The Dog Park would benefit from improvements such as enhanced ground surfacing, new activity features for dogs and their owners, upgraded fencing, accessible paths, hydration stations, shaded seating, and other ADA-compliant amenities. Additionally, the project would establish a community garden to address food insecurity, promote sustainable food production, and offer educational programming in which community members can actively participate.
Adoption of the proposed resolution will authorize the City Manager or designee to submit the application and all related documentation on behalf of the City.
Applying for grant funding is not a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4), as it involves fiscal and administrative activity that does not result in a physical change to the environment. Any specific project funded through the LWCF would undergo the appropriate CEQA review before implementation.
FISCAL IMPACT
There is no immediate fiscal impact to the General Fund associated with this action. If the grant is awarded, a 50% local match will be required, which is currently allocated in the CIP.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE LAND
AND WATER CONSERVATION FUND (LWCF) PROGRAM THROUGH
THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AND
SUBMIT ALL RELATED DOCUMENTS
WHEREAS, the Land and Water Conservation Fund (LWCF) is a federally funded grant program administered in California by the Department of Parks and Recreation, which provides matching grants to local governments for the acquisition or development of public outdoor recreation areas and facilities; and
WHEREAS, the City of Pinole seeks to improve and rehabilitate local recreation resources consistent with the LWCF’s goals of preserving, developing, and assuring access to outdoor recreation resources for current and future generations; and
WHEREAS, the City of Pinole is preparing an application to request LWCF funding to support the rehabilitation and adaptive reuse of the historic Caretaker’s House to enable outdoor programming, educational opportunities, and community-serving activities; and
WHEREAS, the City of Pinole also proposes improvements to the Dog Park, including enhanced ground surfacing, new amenities and activity features, accessible paths, fencing, shaded seating, hydration stations, ADA-compliant upgrades, and the creation of a community garden to address food insecurity, promote sustainable food production, and provide educational programming; and
WHEREAS, adoption of this Resolution will authorize the City Manager or designee to execute and submit the application and any related documents required to complete the grant process; and
WHEREAS, the City Council finds that submitting this application is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4), as it constitutes fiscal and administrative activity that will not result in a direct physical change to the environment, with any specific projects funded through the LWCF subject to future CEQA review before implementation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole hereby resolve as follows:
SECTION 1: Authorizes the City of Pinole to apply for funding from the Land and Water Conservation Fund (LWCF) Program through the California Department of Parks and Recreation; and
SECTION 2: Authorizes the City Manager or designee to execute, submit, and certify the application, and to execute and submit all other documents and agreements necessary to complete the grant process on behalf of the City; and
SECTION 3: Authorizes the City Manager or designee to take any other actions necessary to facilitate the grant application, acceptance, and implementation consistent with all applicable laws and regulations.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 15th day of July 2025 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
_________________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT 10.A.
DATE: JULY 15, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Lilly Whalen, Community Development Director, 510-724-9832, [email protected]
SUBJECT: CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING
THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY QUALIFIED 501(C)(3) BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $65,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND
EQUIPPING OF BAYSIDE APARTMENT HOMES AND CERTAIN OTHER
MATTERS RELATING THERETO
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt the Resolution (Attachment A) approving the issuance of the Bonds by the California Municipal Financing Authority (“CMFA”) for the benefit Step Up Housing, a California nonprofit public benefit corporation through a special purpose entity (together, the “Borrower”), to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).
BACKGROUND
The Borrower requested that CMFA serve as the municipal issuer of bonds in an aggregate principal amount not to exceed $65,000,000 of qualified 501(c)(3) bonds (the “Bonds”). The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 530 Sunnyview Drive, Pinole, California.
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Pinole must conduct a duly noticed public hearing (the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Following the close of the TEFRA Hearing, the City Council must provide its approval of the issuance of the Bonds for the financing of the Project.
CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to
promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.
CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
REVIEW AND ANALYSIS
The Bonds to be issued by CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower.
There are no costs associated with membership in CMFA and the City will in no way become exposed to any financial liability by reason of its membership in CMFA. In addition, participation by the City in CMFA does not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing and adopting the required resolution no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.
FISCAL IMPACT
The California Foundation for Stronger Communities—a nonprofit public benefit corporation— serves as the Board of Directors for the California Municipal Finance Authority (CMFA). As part of its conduit financing activities, CMFA allocates a portion of its issuance fees to member agencies and donates another portion to the Foundation in support of local charities.
With respect to the City of Pinole, it is expected that that a portion of the issuance fee attributable to the City will be granted by CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City.
To provide an example, following the 2023 TEFRA hearing for the Satellite Affordable Housing Associates (SAHA) project at 811 San Pablo Avenue (Valor Village), the City received $10,265.47—representing 25% of the initial issuance fees from SAHA’s $30 million tax-exempt bond issuance.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 25-XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING THE
ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY QUALIFIED 501(C)(3) BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $65,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF BAYSIDE
APARTMENT HOMES AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Step Up Housing, a California nonprofit public benefit corporation through a special purpose entity (together, the “Borrower”) has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of qualified 501(c)(3) bonds as defined in Section 145 of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such qualified 501(c)(3) bonds in one or more series from time to time, and at no time to exceed $65,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 530 Sunnyview Drive, Pinole, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Pinole (the “City”) because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and
WHEREAS, the public hearing was held on July 15, 2025, and an opportunity was provided for interested persons to express their views on the issuance of the Bonds and on the nature and location of the Project;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pinole as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 15th day of July, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 15th day of July, 2025.
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Heather Bell, CMC