Agenda — Richmond City Council, October 18, 2022 (part 14 of 15)

Appendix A.3. Forms for Calculating Population Benefit (PB) (Overall) and Relative PB (Underserved Community)
Step 1. If your project has no infrastructure work, skip to Step 3.

Step 2. If your project has infrastructure work, complete Tables 1 through 5 below. Information from tables 1 through 3 will be used to calculate the Infrastructure Work PB for both the overall and underserved community in Tables 4 and 5, respectively.

If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with a justification of your methodology.
• Total column 3 and column 5.
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Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A
2 Within a ¼ mile
radius.
3 Within a ¼ mile
radius.
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.

Population Totals (Overall) = (Underserved) =
Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership numbers.
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Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within a 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 2
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which are the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
• Calculate the average number of hours of all sites.

Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 2
3 4
5 6
7 Average of Hours if Project Contains Multiple Sites
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Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.

Table 4. Infrastructure Work PB (Overall)
(Direct PB
(Table 1, Column 3)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure Work
PB (Overall)
(4)
+ × =
Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.

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Step 3: If your application proposes educational campaigns or events about litter abatement, proper waste disposal, or how to do sanctioned artwork (as opposed to vandalism), use Table 6 to calculate PB of each non-infrastructure activity and total. If your application does not propose these activities, skip to Step 4.

Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run, or the event will be held.

Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 x =
2 x =
3 x =
4 x =
Total NI Work PB
Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.

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Step 5. Calculate the Project’s Population Benefit (Underserved Community).

Table 8. Project’s PB (Underserved Community)
Table 8. Project's PB (Underserved Community)
Infrastructure Work PB
(Underserved
Community)
(From Table 5, Column 4)
(1)
+
Non-Infrastructure
Work PB
(From Table 6, Column 3)
(2)
=
Project's PB
(Underserved Community)
(3)
+ =
Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.

Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
÷ =
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.

Table 10. Applicant’s Points for Scoring Component 3, Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3, Project’s Relative PB (Underserved Community) Project's Relative PB (Underserved
Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Pts.)
(3)
× 35 =
Examples of completed calculation forms based on a fictitious project can be found in Appendix A.4.
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Additional rows for Tables 1 and 2. (Only use these pages if needed.) Table 1. Infrastructure Work- Direct Population Benefit (CONTINUED) Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census
Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
9 Project Site C
10 Within a ¼ mile
radius.
11 Within a ¼ mile
radius.
12 Within a ¼ mile
radius.
13 Project Site D
14 Within a ¼ mile
radius.
15 Within a ¼ mile
radius.
16 Within a ¼ mile
radius.

Table 2. Infrastructure Work - Indirect Benefit Population (CONTINUED) Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
8 9
10 11
12 13
14 15
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Additional rows for Tables 3 and 6. (Only use these pages if needed.) Table 3. Infrastructure Dose (CONTINUED)
Infrastructure Site
(1)
Hours Improved Site
Accessible to Public
(2)
8 9
10 11
12 13
14 15
Table 6. Non-Infrastructure Work (NI) PB (CONTINUED)
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
5 x =
6 x =
7 x =
8 x =
9 x =
10 x =
11 x =
12 x =
13 x =
14 x =
15 x =
16 x =
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Appendix A.4. Example PB (Overall) and Relative PB (Underserved Communities) Calculations Performed for a Fictitious Project For demonstration purposes, this appendix performs sample population benefit calculations based on a fictitious project.

Fictitious Project Summary:

The sample project proposes improving the parkland at the Greenside Park in the City of Eureka, CA (M St & 12th St, Eureka, CA 95501) with beautification upgrades and litter abatement. In addition to physical improvements, the project proposes to launch a litter abatement campaign on social media that will reach 1,000 people/week for 52 weeks in total and will host a ribbon cutting and litter abatement event with 200 people invited. I have filled this form out as the applicant for the purposes of showing how this would be accomplished and the results you might see from this.

Example Population Benefit Calculations:

Step 1. If your project has no infrastructure work, skip to Step 3.

Our project has infrastructure, so we continue to Step 2.

Table 1. Infrastructure Work – Direct PB (Overall and Underserved Community) • On line 1, list the census tract in which the project is located. • On subsequent lines, list all census tracts within ¼ mile radius of your project. If your project is large or long, use a ¼ mile from the outer edges. If your project has multiple locations, list the census tracts for each location. Add more rows on the last page if necessary.
• For each census tract listed, provide the information requested. For columns 4 and 5, consult the CCLGP guidelines on how to define an undeserved community. If you choose “other” as your option, you must submit Attachment J with justification of your determination method. • Total column 3 and column 5.
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Table 1. Infrastructure Work- Direct Population Benefit Location Relative to
Project Site(s)
(1)
Census
Tract
Number
(2)
Census Tract
Population
(Overall)
(3)
If the tract is
underserved
community,
record the option
used to make the
determination.
(e.g. ACS5, SB535,
CDEdu, HIP,
Other)
(4)
Census Tract
Population
(Underserved)
If the tract is an
underserved
community, also
record
population in
this column.
(5)
1 Project Site A 5 4,450 ACS5 4,450
2 Within a ¼ mile
radius. 6 4,998 ACS5 4,998
3 Within a ¼ mile
radius. 1 4,242 ACS5 4,242
4 Within a ¼ mile
radius.
5 Project Site B
6 Within a ¼ mile
radius.
7 Within a ¼ mile
radius.
8 Within a ¼ mile
radius.

Population Totals (Overall) = 13,960 (Underserved) = 13,690 Why we filled in Table 1 as we did:
• We chose to use option 1 of the 5 options provided in the guidelines to determine if the community around the project is underserved. We looked up the project address in the 2019 American Community Survey 5- Year Estimates (ACS5) and found it is in census tract 5 with a population of 4,450 people and has a median income less than 80% of the State Median Income. This means the census tract qualifies as an underserved community. We logged this information on line 1 accordingly. • We drew a ¼ mile buffer around the project limits and then determined all other census tracts that fell totally or partially within the project site or buffer limits. Using the ACS5, two tracts met this criteria, census tracts 6 43

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and 1, and both also qualified as underserved. We completed lines 2 and 3 accordingly.
• Note, you are not limited to one option when making the “underserved” determination. If a tract did not qualify as underserved on the ACS5, we could have also checked another option, such as the Healthy Places Index. If it qualified under one of the options, we could have designated that tract as underserved.

Table 2. Infrastructure Work – Indirect PB
• List all transits routes with at least one transit stop within a ½ mile radius of your project. If you project is large or long, use a ½ mile from the outer edges. Add more rows on the last page if necessary.
• Total all ridership.

Table 2. Infrastructure Work - Indirect Benefit Population Name of Transit Route with at least One Stop within 1/2 Mile of Project Site(s)
(1)
Average Daily
Ridership of the
Route
(2)
1 Redwood Transit System Route 500
2 Southern Humboldt Intercity Route 500
3 4
5 6
7 Total of the Average Daily Ridership of Qualifying Routes 1,000 Why we filled out Table 2 as we did:

We drew a ½ mile buffer around the project limits and determined what transit stops existed within the project limits or the buffer zone. We found two bus routes that stopped within a ½ mile of the project and logged the route information accordingly.

Table 3. Infrastructure Work – Dose
Determine the “dose” factor for the infrastructure work, which is the hours the site will be accessible to the public under the improved conditions. • List all sites and the hours for each site. Add more rows on the last page if necessary.
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• Calculate the average number of hours of all sites.

Table 3. Infrastructure Dose
Infrastructure Site
(1)
Hours Improved Site
Accessible to
Public
(2)
1 Greenside Park 24
2 3
4 5
6 7
Average of Hours if Project Contains Multiple Sites 24
Why we filled in Table 3 as we did:
• The park will be accessible to the public 24 hours per day upon completion of the project. If we had multiple sites with different hours, we would have averaged the hours.

Table 4. Infrastructure Work PB (Overall)
Use information from Tables 1-3 to complete Table 4.

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Table 5. Infrastructure Work PB (Underserved Community) Use information from Tables 1-3 to complete Table 5.

Table 5. Infrastructure Work PB (Underserved Community) (Direct PB
(Table 1, Column 5)
(1)
+
Indirect PB)
(Table 2, Column 2)
(2)
×
Dose
(Table 3, Column 2)
(3)
=
Infrastructure
Work PB
(Underserved
Community)
(4)
13,960 + 1,000 × 24 = 359,040
Note, because all the tracts within a ¼ mile of the project qualified as underserved, the project’s Infrastructure Work PB (Overall) in Table 7 equals the project’s Infrastructure work PB (underserved community) in Table 8.

Table 6. Non-Infrastructure Work PB
• Reach = Number of people reached at least once by an educational campaign or eligible event.
• Dose = Number of times the campaign will run or the event will be held.

Table 6. Non-Infrastructure Work (NI) PB
NI
Activity
Number
NI Activity Name Activity
Reach
(1)
x
Activity
Dose
(2)
=
PB of NI
Activity
(3)
1 Social Media Litter Abatement
Campaign 1000 x 52 = 52,000
2 Ribbon Cutting and Litter Abatement
Event 200 x 1 = 200
3 x =
4 x =
Total NI Work PB 52,200
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Why we filled in Table 6 as we did:
• The project includes 2 non-infrastructure events, a media campaign that will reach 1,000 social media followers (the Activity 1 reach) once a week for 52 weeks (the Activity 1 dose) and a ribbon cutting and trash disposal education event to which 200 people (the Activity 2 reach) will be invited.

The ribbon cutting event is a one-time affair (the Activity 2 dose.) Step 4. Calculate the Project’s Population Benefit (Overall). This score will be graded by the Department on a curve relative to all applications submitted. The number of points the applicant will be awarded for Scoring Component 2, Project Population Benefit, will be granted accordingly. The maximum number of points is 20.

Table 7. Project’s PB (Overall)
Table 7. Project's PB (Overall)
Infrastructure Work PB
(Overall)
(From Table 4, Column 4)
(1)
+
Non-Infrastructure Work PB
(From Table 6, Column 3)
(2)
= Project's PB (Overall)
(3)
359,040 + 52,200 = 411,240
The number calculated here will be graded on a curve relative to other applications submitted to determine the percentage of the maximum possible 20 points to award.

Step 5. Calculate the Project’s Population Benefit (Underserved Community).

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Step 6. Calculate the Project’s Relative Population Benefit to the underserved community.

Table 9. Project's Relative PB to Underserved Communities Project's PB
(Underserved Community)
(From Table 8, column 3)
(1)
÷
Project's PB
(Overall)
(From Table 7, column 3)
(2)
=
Project's Relative PB
(Underserved
Community)
(3)
411,240 ÷ 411,240 = 100%
Step 7. Calculate the number of points you, the applicant, will be awarded for Scoring Component 3, Project’s Relative Population Benefit to the Underserved Community. The maximum number of points is 35.

Table 10. Applicant’s Points for Scoring Component 3. Project’s Relative PB (Underserved Community)
Table 10. Scoring Component 3 Project’s Relative PB (Underserved Community) Project's Relative PB
(Underserved Community)
(From Table 9, column 3)
(1)
×
Maximum Possible
Points
(2)
=
Score
(Points)
(3)
100% × 35 = 35
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Appendix B1. Demonstrated Community Need Assessment Form This table measures the demonstrated need of the community to execute the goals of the program. Needs can be the community’s need for waste and debris reduction, beautification, enhanced public health, cultural connection, or another need. This component is worth a maximum of 50 points and up to 25 percent of the total application score. The score is based on the applicant’s answers to questions about the existing site or community conditions. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two (2) questions to answer, for a total of 10 questions. All applicants much answer question 1-1, as one of their two questions in Section 1. 49

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Table 1: Demonstrated Community Need Assessment Form
Section 1: Answer question 1-1, and one other question of your choice.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Points Guidance Applicant Response Applicant's Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1 -1 5
Describe the evidence there is a
recurring litter or land misuse in the
project area under existing
conditions. Summarize trash
collection data or other empirical
data.
(Range 0-5pts.,
No evidence=
0pts.)
Use box below
1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project
site lack educational programs or
events about litter abatement or
proper waste disposal?
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Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
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Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.
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Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant
Response
Applicant's
Self Score
To advance equity for
underserved
communities.
4-1 5
How does the percentage of
usable public space in the
underserved community
compare to the region's
average?
Below Average =
5pts.,
Average =3pts.,
Above Average =
0pts.
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
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Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.

Total Score from Sections 1 to 5:

Community Need Assessment
(Max Possible Points is 50)
0 54

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Appendix B2. Project’s Outcomes Assessment Form
This form measures the proposal’s potential to accomplish the goals of the program. This component is worth a maximum of 40 points and up to 20 percent of the total application score. The score is based on the applicant’s answers to questions about anticipated project results. The form has five (5) sections, each relating to a program goal or objective. Within each section, choose a maximum of two questions to answer, for a total of 10 questions.
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Table 2: Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
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Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant Response Applicant's Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses in the
project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to
the project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-5 4
What percentage of project site will
be improved with anti-graffiti/antivandalism solutions? 0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
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Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 4
Will the project create or
enable a critical connection to
daily life destinations such as
school, medical care, jobs, or
groceries via walking, biking, or
transit?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-2 4 Will the project improve a
walking or biking route?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-3 4
Will the project improve or
rehabilitate an existing public
recreation space?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.

Not at all = 0 pts.
58

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Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.

Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
59

Page 2028 of 2219 ends

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.

Total of Scores from Sections 1 to 5:
0 Project Outcomes
(Max Possible is 40)
60

Page 2029 of 2219 ends

Appendix B3. Example of Forms in Appendix B1 and Appendix B2 Completed for a Fictitious Project For demonstration purposes, this appendix contains completed Demonstrated Community Need Assessment and Project’s Outcomes Assessment forms based on a fictitious project.

Fictitious Project Summary:

One-acre public space that will include landscaping, shade trees, improved street furniture, new bins for proper waste disposal, enhanced lighting, a mural by a local artist, and upgrades to the bus stop shelter at the site. Youth volunteers will be recruited to help clean the space before improvements are made, and they will learn about litter abatement and the free dump days in the community. 61

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Table 1: Completed Demonstrated Community Need Assessment Form Section 1: Answer question 1-1, and one of your choice.

Program Goal or
Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Points Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount
of waste and debris
within public rights-ofway, pathways, parks,
transit centers, and
other public spaces.
1 -1 5
Describe the evidence there is a
(Range 0-5pts., No
evidence= 0pts.) Use box below
recurring issue of trash production or
land misuse in the project area under
existing conditions. Summarize trash
collection data or other empirical
data.

Trash bins are always overflowing. The amount of trash has increased by approximately 300% 5 according to the maintenance department. Many people dump their garbage around the park.

Park walls have re-occurring graffiti. There have been citizen complaints and about garbage and broken benches. The park has seen reduced usage over the years due to safety concerns and poor lighting. Reservations for youth sports at the facility and picnic areas have reduced by 25%. 1-2 5
Under existing conditions, does the No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.
project site have adequate signage
and amenities for proper waste
disposal or prevention?
1-3 5
Under existing conditions, does the
site have physical features to
discourage inappropriate waste
disposal or dumping?
No = 5 pts.,
Somewhat = 3pts.,
Yes = 0 pts.

No 5
1-4 3
Under existing conditions, does the
Yes = 3pts.,
Somewhat=2pts.,
No or NA = 0pts.
proposed community or project site
lack educational programs or events
about litter abatement or proper
waste disposal?
62

Page 2031 of 2219 ends

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 5
Under existing conditions
what percentage of the
project site needs
beautification?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
81 5
2-2 5
Under existing conditions,
what percentage of the
project site is not functional
and/or accessible for
community use?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
2-3 5
Based on the hours the
project site is open,
approximately what
percentage of time is it
significantly underutilized?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
61 4
2-4 5
What percentage of the
project site is negatively
affected by graffiti or other
vandalism?
0-20%= 1 pt.,
21-40%= 2 pts.,
41-60%= 3 pts.,
61-80%= 4 pts.,
>80%= 5 pts.,
63

Page 2032 of 2219 ends

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need
Assessment Question Point Guidance Applicant Response Applicant's Self Score
To enhance public health,
cultural connection, and
community placemaking
by improving public
spaces for walking and
recreation.
3-1 5
Does the project area
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
currently prevent a critical
connection to daily life
destinations such as school,
medical care, jobs, or
groceries via
walking, biking, or transit?
3-2 5
Is the public space a barrier or
hazard on a walking or biking
route?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-3 5
Is the existing public
recreation space unusable for
its intended purposes?
Yes = 5 pts.,
Somewhat= 3pts.,
No = 0 pts..
3-4 5
Under existing conditions, are
there adequate/sufficient
recreation places in the
community?
No= 5 pts.,
Somewhat=3pts.,
Yes = 0 pts.

Somewhat 3
3-5 3
Under existing conditions, are
there enough places to sit at
the project site?
No= 3 pts.,
Somewhat=2pts.,
Yes = 0 pts.
3-6 5
Does the existing project site
lack features or elements that
connect it to the culture or
history of the surrounding
community?
Yes= 5 pts.,
Somewhat=3pts.,
No = 0 pts.

Yes 5
64

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Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Below Average 5
4-2 5
Is the project area an
underutilized connection in an
underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.
4-3 5
Is the project site an
underutilized public space in
an underserved community?
Yes = 5pts.,
Somewhat=3pts.,
No or NA = 0pts.

Yes 5
4-4 5
Does the space function for
people with disabilities or
special needs?
No = 5pts.,
Somewhat=3pts.,
Yes or NA = 0pts.
65

Page 2034 of 2219 ends

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Community Need Assessment
Question Point Guidance Applicant Response Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 5
Under existing conditions
what percentage of the space
is landscaped and/or softscaped?
0-20%=5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
5-2 5
Under existing conditions,
what percentage of landscape
lacks native or low-water
plants?
0-20%= 5pts.,
21-40=4pts.,
41-60=3pts.,
61-80=2pts.,
81-100=1pts.
35 4
5-3 5
What percentage of the space
is unusable due to lack of
shade at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.
75% 4
5-4 5
What percentage of the
project site is unusable due to
excessive heat at midday?
0-20%=1pts.,
21-40=2pts.,
41-60=3pts.,
61-80=4pts.,
81-100=5pts.

Total Score from Sections 1 to 5:

Community Need Assessment
(Max Possible Points is 50)
45 66

Page 2035 of 2219 ends

Table 2: Completed Project’s Outcomes Assessment Form
Section 1: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To reduce the amount of
waste and debris within
public rights-of-way,
pathways, parks, transit
centers, and other public
spaces.
1-1 4
By what percentage will the
waste and debris within the
project site be reduced.
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
100 4
1-2 3
By what percentage will the
signage and amenities for
proper waste disposal or
prevention increase at the
project site?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-3 4
What is the estimated
reduction of waste or debris at
the project site because of new
physical features to discourage
inappropriate waste disposal or
dumping?
0-25% =1 pt.,
26-50%= 2pts.,
51-75%= 3pts.,
76-100%= 4pts.
80 4
1-4 3
What is the percent increase in
the number of educational
programs or events about litter
abatement and proper waste
disposal?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
1-5 3
What is the percent increase in
the number of litter pickup and
waste disposal events?
0-33% = 1 pt.,
34-66% = 2pts.,
67-100% = 3pts.
67

Page 2036 of 2219 ends

Section 2: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
To enhance, rehabilitate,
restore, or install
measures to beautify and
improve public spaces.
2-1 4 By what percentage will the project
site be beautified or improved?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
80 4
2-2 4
By what percentage do the
improvements increase the number
and/or diversity of viable uses within
the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-3 5
By what percentage do the
improvements increase access to the
project site?
0-20% = 1 pt.,
21-40% = 2 pts.,
41-60% = 3 pts.,
61-80% = 4 pts.,
81-100% = 5pts.
2-4 4
By what percentage will the quantity
of human scale, energy conserving
lighting will be increased?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 4
2-5 4
What percentage of project site will
be improved with anti-graffiti/anti
vandalism solutions?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
2-6 4 Will visual art pieces be added to the
project site?
2 or more = 4pts.,
1 = 3 pts.
2-7 4
What is the percentage increase in
educational programs informing the
community how to do sanctioned
public artwork (as opposed to
vandalism/graffiti)?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
68

Page 2037 of 2219 ends

Section 3: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Yes 4
3-4 4
Will the project add new
recreation space to the
community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.
3-5 4
By what percentage will the
project site(s) be improved for
walking or recreation?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
3-6 4
Will the improved project site
incorporate features or
elements that connect it to the
culture or history of the
surrounding community?
Definitely = 4 pts.,
Sufficiently = 3 pts.,
Somewhat = 2 pts.,
A little = 1 pt.

Not at all = 0 pts.

Definitely 4
69

Page 2038 of 2219 ends

Section 4: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Questions Point Guidance Applicant
Response
Applicant's
Self Score
Advance equity for
underserved
communities.
4-1 4
What percentage of census
tracts within a 1/4 mile of the
project site qualify as
underserved?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
100% 4
4-2 4
What percentage of transit
routes within a 1/2 mile of the
project site reach an
underserved community?
> 51%=4pts,
40-50%=3pts,
20-39%=2pts
< 20% = 1pts
50 3
4-3 4
Will the project create or
improve access to a key
connection across a major
physical barrier in an
underserved community?
Yes = 4pts.,
Somewhat = 2pts.,
No or NA = 0pts.

Will the improved project site Yes = 4pts.,
4-4 4 function for people with Somewhat = pts.,
disabilities or special needs? No or NA = 0pts.
70

Page 2039 of 2219 ends

Section 5: Answer 2 questions below.

Program Goal or Objective ID #
Max.

Poss.

Pts.

Project’s Outcomes Question Point Guidance Applicant
Response
Applicant's
Self Score
Greening to provide
shade, reduce urban
island effect, and use
native, low-water plants.
5-1 4
What is the anticipated
decrease in impervious surfaces
at the project site?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-2 4
What will be the percent
increase in native, drought
tolerant plantings?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
65 3
5-3 4
What is the anticipated percent
increase of shade measured at
the noon hour?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
5-4 4 What is the anticipated increase
of greening or tree canopy?
0-25% = 1 pt.,
26-50% = 2pts.,
51-75% = 3pts.,
76-100% = 4pts.
60 3
Total of Scores from Sections 1 to 5:

Project Outcomes
(Max Possible is 40)
37 71

Page 2040 of 2219 ends

City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

Page 1 of 19 ends

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Richmond, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

Page 2041 of 2219 ends

City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

Page 2 of 19 ends

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the Richmond Communities Clean Collaborative project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”

Page 2042 of 2219 ends

City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

Page 3 of 19 ends

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231
$1,250,000.00
$3,750,000.00
Cash Local Match/ Total of
other fund sources (not in-kind
contributions)
Agency Provided $4,165,000.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total Project Costs $9,165,000.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Jene Levine Snipes, (510) 307-8132. b. CALTRANS’ Contract Manager is Linda Phoen, (408) 595-4007. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Richmond
Attention: Jene Levine Snipes, Watershed Program Specialist Phone Number: (510) 307-8132
Email: [email protected]
Address: 450 Civic Center Plaza, Richmond, CA 94804
Jie Chen 05/03/2022 $5,000,000.00

Page 2043 of 2219 ends

City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

Page 4 of 19 ends

California Department of Transportation
District 4, Maintenance
Attention: Linda Phoen, Acting Senior Transportation Engineer Phone Number: (408) 595-4007
Email: [email protected]
Address: 111 Grand Ave, Oakland, CA 94612

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $5,000,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

Page 2044 of 2219 ends

City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

Page 5 of 19 ends

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

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c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

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j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

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c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

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b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

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b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

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24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

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f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

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1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

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31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this

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RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to

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promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

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City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

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c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.

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City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

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38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

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City of Richmond
Agreement Number CCL-5137-057
AMS ADV ID: 0422000401

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Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF RICHMOND
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

Joe Leach
Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:

Public Works Director
Date: Date:

By:

Printed Name:

Title:

Date:

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For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

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___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

5. Original and Separate Waiver of Subrogation for Workers’ Compensation Insurance.

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE ENDORSEMENT can be found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance providing coverage during the life of this contract.

SAMPLE ENDORSEMENT can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

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___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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Page 1 of 3 ends

October 18, 2022
Public Works
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Jene Levine-Snipes, Development Project Manager
SUBJECT: Resolution to Accept and Appropriate State of California Park Development Program Funds for the Dirt World Bike
Park Revitalization Project and Approve Sole Source
Contract for American Ramp Company
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here
would generate a one-time grant that does not have to be repaid. These funds would be administered by the Public Works Department in accordance with Statewide Park
Development and Community Revitalization Program
(SPP) rules and regulations. The Public Works
Department, Parks Division will adjust its budget
accordingly and set up a fund for this program.

Account String: 10633031-334351-23029

PREVIOUS COUNCIL
ACTION:

March 2, 2021 – Resolution Authorization to Submit SPP
Application

STATEMENT OF THE
ISSUE:

City staff is requesting City Council to approve a
resolution to accept and appropriate grant funds in the amount of $1,170,000 from the Statewide Park
Development and Community Revitalization Program
(SPP) to Revitalize Dirt World Bike Park and approve sole source contract for American Ramp Company
AGENDA
REPORT

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October 18, 2022
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $1,170,000 from the State of California Department of Parks and Recreation Prop 68
funds to Revitalize Dirt World Bike Park; and APPROVE
a sole source contract with American Ramp Company for
bike park design and installation services, in the amount of $575,425, with a term from October 18, 2022 through
December 31, 2025 – Public Works (Nickie Mastay/Jene
Levine-Snipes 307-8132).

DISCUSSION:

The State of California Department of Parks and Recreation is providing the City of Richmond funds to renovate Dirt World Bike Park, a 2-acre park in Richmond Greenway.

This public park project aims to improve health and wellness, safety, beauty, access to outdoor recreation, and to help catalyze community revitalization for a diversity of ages and abilities. The project includes final design, engineering, and construction of park improvements such as a renovated BMX bike park, a renovated multi-use class I bike trail, and landscaping and irrigation. Sustainable design features include, Bay-Friendly landscaping and permeable paving. The park design features include high quality materials and equipment for longevity/durability and low maintenance.

On March 2, 2021, City Council authorized the application and authority to submit all documents including applications, agreements, and payment requests necessary for the completion of the Grant Scope. On December 8, 2021, the City was notified of the grant award.

City staff is requesting City Council to approve the resolution to accept and appropriate the grant funds and adjust the FY2022-2023 revenues and expenditures by $1,170,000.

The project is a result of a collaboration in the grant application submittal with the City of Richmond and American Ramp Company. American Ramp Company collaborated with the City and community to create the design, budget, and timeline for the communityselected and State-awarded concept design of the Dirt World Bike Park Revitalization Project. The table below represents the partner collaboration and budget listed in the approved application.

Use Contractor Amount
Pre Construction TBD 292,500
Bike Park American Ramp Company $575,425
Other Park Construction TBD $302,075
Total $1,170,000

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October 18, 2022
DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Grant Award Letter
Attachment 3 – Approved Sole Source American Ramp Company Attachment 4 – Contract American Ramp Company

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ATTACHMENT 1

Page 1 of 2 ends

RESOLUTION NO._____________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RICHMOND, CALIFORNIA FOR AUTHORIZATION TO ACCEPT AND

APPROPRIATE THE STATEWIDE PARK DEVELOPMENT AND

COMMUNITY REVITALIZATION PROGRAM FUNDS IN AN AMOUNT
NOT TO EXCEED $1,170,000 FOR THE DIRT WORLD BIKE PARK

REVITALIZATION PROJECT
WHEREAS, the State of California Department of Parks and Recreation (“State”) issued a Notice of Funding Availability (“NOFA”) on July 1, 2020 for the Statewide Park Development and Community Revitalization Program (“SPP”) grant funds to benefit low income residents or communities of California; and WHEREAS, the City of Richmond, as a municipal corporation and a charter city, applied and was awarded the SPP Program grant for the Dirt World Bike Park Revitalization project; and
WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Richmond finds the above recitals accurate and have served together with the Agenda Report as the basis for the findings and approvals set forth in this Resolution; and
BE IT FURTHER RESOLVED THAT, the City of Richmond hereby agrees to use the SPP Program funds for eligible activities in the manner presented in the application as approved by the State and in accordance with Program Regulations.

BE IT FURTHER RESOLVED THAT, The City Council authorizes the City Manager or their designee to execute in the name of the City of Richmond, the Grant Agreement, and all other documents required by the State for participation in the SPP Program, and any amendments thereto and accept and appropriate the grant funds.
--------------------------------------------------------------------------- I hereby certify that the foregoing resolution was passed and adopted by the Members of the City Council of the City of Richmond at a regular meeting held on October 18, 2022 by the following vote:

AYES:

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ATTACHMENT 1

Page 2 of 2 ends

NOES:

ABSENT:

ABSTENTION:
____________________________
Clerk of the City of Richmond
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_________________
City Attorney

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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] ,
[ ] other [specify:]

2. Term. The effective date of this Contract is and it
terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Public Works Jené Levine Snipes
[email protected] (510) 307-8132
Bike Pump Track Construction and Installation services for the Dirt World Park Renovation Project American Ramp Company
601 McKinley
Joplin, MO 64801
Blake Robinson
(417) 206-6816 [email protected]
October 18, 2022
December 31, 2025
575,425
✔

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6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

By:

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

By:

By: Title:

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
American Ramp Company

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

1.) Conceptual Design Services $59,000

2.) Manufacturing, Installation, and Construction $355,000

3.) Renovate Multi-Use Class 1 Bike Trail $161,425

Total $575,425.00
Proposal dated August 18, 2022 and the work detailed therein are incorporated into this contract by this reference.

Public Works
American Ramp Company

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601 McKinley
Joplin, MO 64801
Toll-free 877-RAMP-778
Local 417-206-6816
Fax 417-206-6888
[email protected]

PRICING AND SCOPE LETTER
DIRT WORLD BIKE PARK – CITY OF RICHMOND, CA
QUOTE # Q27200
August 18, 2022

AMERICAN RAMP COMPANY/ACTION SPORTS CONSTRUCTION - PRICING Task 1.0 - $59,000.00
Task 2.0 - $355,000.00
Task 3.0 - $161,425.00

AMERICAN RAMP COMPANY/ACTION SPORTS CONSTRUCTION - SCOPE OF WORK Task 1.0 CONCEPTUAL DESIGN SERVICES

1.1 Project Start-Up Meeting
x Meet with project team, stakeholders, and team consultants to review scope of work, schedule, project goals, and common understanding of the project. x Review and finalization of work plan including proposed site program, pedestrian circulation, spectator viewing, and safety sight lines. x Identify project representatives and communications protocol.

1.2 Project Site Visit & Documentation
x Walk project site with staff to review opportunity and constraints of existing site conditions.

1.3 Data Gathering and Public Engagement
x ARC will host a live (and/or virtual) meeting with your local bikers and/or project team to formulate ideas for you concept design.
x Provide online surveys for local users to fill out to get input x Review of samples designs with group to identify a preferred theme x Summarize meeting findings with group

1.4 Present Conceptual Design Package
x Create preliminary Bike Park concept integrating the finding of the public engagement.
x Verify design in responsive to site conditions and budget. x Submit preliminary site plan and landscape concept depicting integration to existing site.

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601 McKinley
Joplin, MO 64801
Toll-free 877-RAMP-778
Local 417-206-6816
Fax 417-206-6888
[email protected]
x Provide illustrations including high quality 3D renderings of Bike Park design

1.5 Cost Estimate and Quantities
x Provide general cost estimate based on unit sums for proposed Bike Park. x Provide opinion of construction costs

1.6 Revise Conceptual Designs
x Revise preferred conceptual design based on feedback from plan review.

1.7 Present Approved Design Package (Virtual)
x Present approved design to Bike Park users.
x Digital presentation describing how the users’ ideas were integrated into the design. x Obtain specific input for revisions.

Task I Deliverables:
x Project schedule.
x Conceptual Design Package.
x High quality 3D computer renders depicting the features of the conceptual designs. x Phasing plan if needed.
x Construction cost estimate
TASK 2.0- MANUFACTURING, INSTALLATION, AND CONSTRUCTION

2.1 INCLUDES*:
x All labor, supplies, tools, materials, and equipment required per scope of work x Fabrication and installation of all Bike Park elements x Rough Grading
x Dirt Trail Grooming per scope of work
x Any necessary drainage per requirements
x Construction Fencing

2.2 EXCLUDES*:
x Permanent Fencing
x Permits and fees: Any necessary permit(s) will be acquired by others. x Site testing and inspections: standard proctor/density testing, onsite concrete cylinders, engineering, surveying, or testing services. x Union wages or taxes
x Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind. x Any surface treatments other than the agreed upon capping materials.

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601 McKinley
Joplin, MO 64801
Toll-free 877-RAMP-778
Local 417-206-6816
Fax 417-206-6888
[email protected]
x Professional services provided by Architects, Surveyors, Geo-technical & Electrical Engineers
x Any landscaping
x Toxic or hazardous material handling or removal.
x Soil treatment, termite treatment, landscaping, or reseeding. x Dewatering, silt fence, soil stabilization, erosion control. x Removal and/or replanting of any trees or shrubs.
x Any permits unless specifically indicated above.
x Any work not specifically indicated above.

2.3 CUSTOMER PROVIDES*:
x Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy equipment.
x All necessary site information including topography, site surveying, and elevations. x Water lines marked
Task II Deliverables:
x Fully manufactured, installed, and constructed Bike Park RENOVATE MULTI-USE CLASS 1 BIKE TRAIL

3.1 INCLUDES*
x All labor, supplies, tools, materials, and equipment required per scope of work x Construction Fencing
x Class 1 AC Path – 10’ Wide
x Storm Water Management Swale
x ADA Connections

3.2 EXCLUDES*
x Site testing and inspections: standard proctor/density testing, onsite concrete cylinders, engineering, surveying, or testing services. x Union wages or taxes
x Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind. x Any surface treatments other than the agreed upon capping materials. x Professional services provided by Architects, Surveyors, Geo-technical & Electrical Engineers
x Any landscaping
x Toxic or hazardous material handling or removal.
x Soil treatment, termite treatment, landscaping, or reseeding.

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601 McKinley
Joplin, MO 64801
Toll-free 877-RAMP-778
Local 417-206-6816
Fax 417-206-6888
[email protected]
x Dewatering, silt fence, soil stabilization, erosion control. x Removal and/or replanting of any trees or shrubs.
x Any permits unless specifically indicated above.
x Any work not specifically indicated above

3.3 CUSTOMER PROVIDES*
x Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy equipment.
x All necessary site information including topography, site surveying, and elevations. x Water lines marked
Task III Deliverables:
x Fully constructed Multi-Use Class 1 Bike Trail

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For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.

Jené Levine Snipes
American Ramp Company
Public Works
Jené Levine Snipes

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For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond
Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

American Ramp Company
American Ramp Company
Jené Levine Snipes
440 Civic Center Plaza
601 McKinley
Joplin, MO 64801

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EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property. The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell,

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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.

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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.

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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work. All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue

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General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License. Contractor shall obtain a Richmond Business License before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to

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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete

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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated

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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and

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City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view

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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

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General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.

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For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

Grant Administration Guide for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 COMPETITIVE GRANT PROGRAMS dated September 2020 (attached).

American Ramp Company

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Grant Administration Guide
for the
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018

COMPETITIVE GRANT PROGRAMS
6HSWHPEHU 2020
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send correspondence to:

Street Address for Overnight Mail:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: http://www.parks.ca.gov/grants

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STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.

The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
x A leader among park and recreation professionals.
x Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
x Honest, knowledgeable and experienced grant administration facilitators. x Sensitive to local concerns while mindful of prevailing laws, rules and regulations. x Perceptive to opportunities for partnerships, growth and renewal where few existed before.
x Committed to providing quality customer service in every interaction and transaction.
x Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees.

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TABLE OF CONTENTS
GRANT PROCESS............................................................................................................ 2 Projects Involving Acquisition ............................................................................................. 3 Eligible Acquisition Costs ................................................................................................... 3 Development Projects ........................................................................................................ 4 Eligible Development Costs ............................................................................................... 4 Funding Sources Form ....................................................................................................... 6 CEQA Compliance Certification ......................................................................................... 7 SPECIAL REQUIREMENTS.............................................................................................. 8 Greenhouse Gas Emissions Reduction and Carbon Sequestration. .................................. 8 Status Report ..................................................................................................................... 9 Bond Act Sign .................................................................................................................. 11 Deed Restriction .............................................................................................................. 12 Three-Bid Process ........................................................................................................... 16 Fidelity Bond .................................................................................................................... 17 GRANT PAYMENTS ....................................................................................................... 18 Rural Recreation Tourism Match ..................................................................................... 19 Payment Request Form ................................................................................................... 21 Grant Expenditure Form ................................................................................................... 22 Project Completion Packet ............................................................................................... 23 COMPETITIVE GRANT PROGRAM CONTRACT .......................................................... 28 ACCOUNTING AND AUDITS.......................................................................................... 35 Accounting Requirements ................................................................................................ 35 Audit Checklist ................................................................................................................. 36 Definitions ....................................................................................................................... 37 Words and terms shown in SMALL CAPS are found in the definitions section.

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2 Background
This guide provides grant administration procedures and requirements for competitive projects funded by Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access For All Act of 2018. OGALS retains the right to waive requirements not mandated by statute.

Grant Process

1. Applicants receive a letter from OGALS indicating an application has been selected for funding.

2. Applicants attend a mandatory grant administration workshop.

3. If applicable, applicant fulfills any unmet application requirements.

4. OGALS sends a contract to the applicant:
a. The CONTRACT section, beginning on page 28, includes a sample contract. b. The applicant returns the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS within 60 days of receipt.
c. OGALS returns a copy of the fully executed contract, at which point the applicant becomes a GRANTEE.

5. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The GRANT payments section, beginning on page 18, provides payment request instructions and forms.
x The GRANTEE completes PROJECT no later than December 31, of the year before the GRANT liquidation date as shown on the contract.
x The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, of the year the GRANT liquidates.
x OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection.

6. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 35, provides directions and an Audit Checklist for DPR audit and accounting requirements.

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3 Projects Involving Acquisition
Acquisition Rules

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., are considered pre-construction costs, which are limited to 25% of the GRANT.

3. The GRANTEE must record a deed restriction on the property after the acquisition is complete.

4. GRANTEE must provide title insurance.

Acquisition Documentation
For each parcel to be acquired, submit the following documents:

1. An appraisal conducted within the last twelve months.

2. A separate letter from an independent third party, AG-rated appraiser, certified by the California Office of Real Estate Appraisers, stating the appraisal was reviewed, and was completed using acceptable methods.

For easement acquisitions, in addition to the requirements above, provide:

3. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide:

4. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §§7260-7277.

Eligible Acquisition Costs
x IN-HOUSE EMPLOYEE SERVICES – see accounting rules for more information (page 35) x GRANT/PROJECT administration and accounting
x Public meetings/focus groups/design workshop
x Appraisals, escrow fees, surveying, other costs associated with acquisition x Cost of land
Ineligible Acquisition Costs – Cannot be charged to the GRANT x Costs incurred outside the GRANT performance period
x Cost for land acquired through eminent domain or condemnation x Acquisitions where purchase price is greater than appraised value x Costs to fulfill any mitigation requirements imposed by law (PRC §80020)

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4 Development Projects
Development Project Rules

1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

3. PRE-CONSTRUCTION COSTS may not exceed 25% of the GRANT.

4. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs – up to 25% of GRANT; incurred prior to groundbreaking as determined by the grantee
x Public meetings, focus groups, design workshops
x Plans, specifications, construction documents, and cost estimates x Permits
x Financing
x CEQA
x Bid preparation and packages
x IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
x GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the grant; incurred after groundbreaking
x Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
x Equipment – equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
x Bond and other signs
x Premiums on hazard and liability insurance to cover personnel or property x Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
x Construction management, including site inspections and PROJECT administration x Miscellaneous – other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications x Financing
x IN-HOUSE EMPLOYEE SERVICES after groundbreaking
x GRANT/PROJECT administration and accounting after groundbreaking

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5 Ineligible Development Costs – Cannot be charged to the grant x PRE-CONSTRUCTION COSTS that exceed 25% of the GRANT
x Development to fulfill any mitigation requirements imposed by law (PRC §80020) x All non-capital costs, including interpretive and recreational programming, software and software development
x Construction or improvements to facilities that are not primarily designated for recreational purposes, such as park district offices
x Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
x Construction costs incurred outside of the park boundaries x Costs incurred before or after the GRANT PERFORMANCE PERIOD x Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) x Food and beverages
x Out-of-state travel
x Repairs – activities performed to a section of a structure that are intended to allow the continued use
x Maintenance – activities intended to be performed on a regular basis to maintain the expected useful life of a structure
x Fundraising and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
x Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
x Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
x Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
x Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
x Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
x May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

If claiming IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet in advance for OGALS review to confirm these accounting practices are being followed.

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6 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form
GRANTEE: PROJECT Name:

PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete and the PROJECT is open to the public. PROJECTS will:
x Be entirely funded by the GRANT, or
x Require funds in excess of the GRANT.

If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.

For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. ܆ The PROJECT will be entirely funded by the GRANT, or
܆ The PROJECT requires funds in excess of the GRANT:
܆ The SCOPE is the same as the scope of the larger project, or ܆ The SCOPE is a subset of a larger project, the scope of that larger project is:

Larger project cost: $ Anticipated completion date:

List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.

Funding Source Date Committed Amount
SPP/State of California July 1, 2019 $
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the abovementioned GRANT is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

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7 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
GRANTEE:

Project Name:

Project Address:

Is CEQA complete?
Yes
No Is completing CEQA a PROJECT SCOPE item?
Yes
No
What document was filed, or is expected to be filed for this project’s CEQA analysis:

Date complete/expected to be completed

Notice of Exemption (attach recorded copy if filed)

Notice of Determination (attach recorded copy if filed)

Other:

If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information
Agency Name:

Contact Person:

Mailing Address:

Phone: ( ) Email:

Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

FOR OGALS USE ONLY
CEQA Document Date Received PO Initials

NOE
NOD

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8 Special Requirements
x Greenhouse Gas Emissions Reduction and Carbon Sequestration x Status Reports (page 9)
x Bond Act Sign (page 11)
x Deed Restriction (page 12)
x For non-profit GRANTEES: Three bid process (page 16) and Fidelity Bond (page 17)
Greenhouse Gas Emissions Reduction and Carbon Sequestration. 1 If your PROJECT involves tree planting, follow the instructions below and submit with the PROJECT COMPLETION PACKET.

Before getting started, gather the following PROJECT information:
x Tree species
x Size of trees at planting
x Information on the distance and direction to the nearest building (if applicable) x Information on the age and climate control of any nearby buildings (if applicable) x Information about the tree’s growing conditions
Getting started:

1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project.

2. On the Location map, select your state, county and city, and then click Next.

3. Configure the project parameters2:
x “Electricity emissions factor” enter 285 and select kilograms x “Fuel emissions factor” enter 53.1 and select kilograms x “Years for the project” is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter 44. x “Tree mortality” enter 0

4. Tree Planting Configurations
x Enter the tree groups for the project; create a new group for each new species or for each new location.
x Species – select the species; add multiple species by creating new groups. x DBH – tree diameter four feet above the ground at time of planting. x Distance to nearest tree – select from drop down menu x Tree is (north, south, east or west) of Building – select the direction the tree is located to the nearest climate controlled building.
1 PRC §80001(b)(7)
2 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program.”

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9 x Climate controls – select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate controlled building, select “none.”
x Condition – select the overall health of the trees at the time of planting. x Exposure to sunlight – select the amount of sun that reaches the tree, based on its surroundings.
x Number of trees – enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristics change, multiple lines of the same species should be input into the tool.

Once all the groups are entered, click next

5. Print the report in landscape mode, and submit it to OGALS.

Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. See sample on following page.

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10 Sample Status Report – Due xx/xx/20xx (30 days from mail date) Grantee:

Project Number:

Project Name:

Project Scope:

Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction When will you submit your next payment request? For how much? Estimated date of project completion:

Potential obstacles affecting completion:

Is the project: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain:

Describe grant-funded work completed since last status report submitted on (DATE):

Are CCC or certified local corps working on this project? Yes/No Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form.

Provide information on payments to be submitted over the next three years:

Between
7/1/20
and
6/30/21
Between
7/1/21
and
12/31/21
Between
1/1/22
and
6/30/22
Between
7/1/22
and
12/30/22
Between
1/1/23
and
6/30/23
Between
7/1/23
and
12/30/23
After
1/1/24
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates.

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
(*Certification to above information requires a signature by a person authorized in the resolution)

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11 Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the project must be installed during construction and at completion (PRC §80001(b)(3)). If appropriate, the same sign can be used during construction and completion.

Sign requirements
The sign must be available during construction, at the final inspection of the PROJECT, and remain in place for a minimum of four (4) years from date of PROJECT completion.

There is no minimum or maximum size other than the minimum size for the logo, as long as the sign contains the required wording.

Sign Language
All signs must contain the following language:

GAVIN NEWSOM, GOVERNOR
Wade Crowfoot, Secretary for Natural Resources
$UPDQGR4XLQWHUR, Director, California Department of Parks and Recreation Use the names of the current officials. The name of the director of the local agency or other governing body may be added. The sign may also include names (and/or logos) of other partners, organizations, individuals and elected representatives.

Logo
All signs must display the Parks and Water Bond Act logo (shown on the cover of this guide). Display the logo to maximize visibility and durability. Download the logo at https://resources.ca.gov/grants/Grant-Program-Resources, click on the logo artwork section. Each edge of the logo must be a minimum of 24″ x 24″. Exceptions may be approved, when appropriate, at OGALS’ discretion.

Sign Construction
All materials used shall be durable and resistant to the elements and graffiti.

Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.

Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project.

State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed.

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12 Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the CONTRACT PERFORMANCE PERIOD.

If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow and pre-acquisition costs. A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.

Deed Restriction Instructions
Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered CONTRACT for the GRANT amount.

The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps:

1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.

2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed restriction and the required attachments:

Exhibit A: Label this attachment “Exhibit A (Legal Description of Property)” and include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor’s parcel number or a street address is NOT a valid legal description.) and,
Exhibit B: Label this attachment “Exhibit B (Grant CONTRACT)” and include a complete copy of the Grant CONTRACT and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California.

3. Notarize it: Take 3 copies of the following documents to a notary. OGALS recommends submitting these documents to the PROJECT OFFICER for review prior to notarizing.
x Unsigned and undated Deed Restriction
x Exhibit A (Legal Description of Property)
x Exhibit B (Grant CONTRACT)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189).

4. Record it: Take 3 copies of the notarized documents bulleted above to the County Recorder’s Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.

5. Send it: Make sure to send a copy of the notarized and recorded Deed Restriction, Exhibit A, and Exhibit B to the OGALS Project Officer.

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13 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: [Project Officer]

DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Program for improvements on the Property; and
IV. WHEREAS, on (enter date), DPR’s Office of Grants and Local Services conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Competitive Grant Program and the funds that are the subject of the Grant could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;

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14 NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years).

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.I of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.

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15 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

AUTHORIZED REPRESENTATIVE Signature Date
Print/type name and title of above
Business Name (if property is owned by a business):

Additional signature, if required Date
Print/type name and title of above

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16 Three-Bid Process
(For nonprofit GRANTEES only)

1. Nonprofit GRANTEES must attempt to obtain three bids before awarding a contract on a GRANT-funded project for services greater than $5,000 and for construction work greater than $25,000.
x Bid description must include the requirement to comply with §1771.5 of the State Labor Code.
x Bid description must include all required project elements based on the original competitive application - Project Selection Criteria proposal, Grant Scope/Cost Estimate Form, and concept level site plan.

2. Nonprofit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the project work to be performed based on “Best value” (determined by price, quality of materials, equipment, and workmanship), and the required project elements based on the original competitive application.
x By signing the GRANT CONTRACT, the nonprofit GRANTEE agreed to meet the specific objectives as described in the competitive Project Selection Criteria proposal.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

4. The nonprofit GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the best value and will meet project requirements. The evaluation process must ensure no conflict of interest between the contractor and the nonprofit GRANTEE’s Board of Directors. The nonprofit GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision must be recorded in writing.

5. The Board of Directors selects a contractor and awards a contract.

6. For audit purposes, the nonprofit GRANTEE keeps records of steps 1 – 5 above.

Waiver of Three-bid Requirement
To request a waiver of the three-bid process requirement, the non-profit GRANTEE must send a written request to the Project Officer assigned to the grant project and explain why a waiver is required.
x The waiver request may include “sole source” factors where only one contractor has the expertise to deliver the work.
x The waiver request may also include “public good” or other required factors that may be based on the Project Selection Criteria proposal in the competitive APPLICATION. For example, the Project Selection Criteria proposal may require the hiring of conservation corps.

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17 Fidelity Bond
(For nonprofit GRANTEES only)
Nonprofit GRANTEES must provide a copy of a current fidelity bond policy to their PROJECT OFFICERS before any payment requests can be approved by OGALS.

The premium cost for a fidelity bond is an ELIGIBLE COST.

A fidelity bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The nonprofit is the party insured. DPR must be named as a Third Party Loss Payee, i.e., the same as a bank on a car loan or a mortgage company on a home loan. The DPR address is: State of California, Dept. of Parks and Recreation, P.O.

Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.

Coverage must be equal to or greater than the GRANT amount. If the GRANTEE’S existing coverage is lower than the GRANT amount, the GRANTEE needs to amend the coverage to equal or exceed the GRANT amount. Fidelity bond insurance must be kept current for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the fidelity bond through their general liability carrier, a major casualty insurance carrier, or a bonds specialty company. These sources are listed in the yellow pages or internet. A list of fidelity bond frequently asked questions is available on the OGALS web site at www.parks.ca.gov/grants.

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18 Grant Payments
Payments may be requested from OGALS once a PROJECT is approved and the CONTRACT is encumbered. Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
x breach of any other contract with OGALS
x an unresolved audit exception
x an outstanding conversion
x park sites closed or inadequately maintained
x overdue Project Status Reports
x other unmet grant requirements
Payment Rules

1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount, unless for acquisition costs.

2. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final REIMBURSEMENT payment. GRANTEES may contact their PROJECT OFFICER to request OGALS consider a reduced retention amount.

3. Group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.

4. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount (see page 19).

These items are required prior to requesting any payment, if applicable:

1. A deed restriction, except for an ADVANCE into escrow.

2. If not already submitted, complete CEQA for construction reimbursement.

3. A sample timesheet prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs.

4. When the bid process is required, provide a summary list of bidders, the recommendation by reviewer of bidders, notice of award, and contract agreement.

These items are required with every payment request, when applicable:

1. A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.

2. If a payment request includes IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet representing how employee staff time was tracked during the period of requested reimbursement.

3. Construction progress photos, including a photo with the construction sign visible on the PROJECT site (page 11), with all construction payment requests.

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19 Rural Recreation Tourism Match
(For this grant program ONLY)
Unless the PROJECT has been identified as serving a disadvantaged community, the GRANTEE must include a 20% match (PRC §80090(b)).

Costs incurred to provide match must be eligible costs.

Eligible match sources
x Federal funds
x Local funds
x Private funds
x IN-HOUSE EMPLOYEE SERVICES
x Volunteer labor – must maintain time and attendance records showing actual hours worked (see https://independentsector.org for volunteer hourly wage value) Ineligible match source
x State funds
Match and Eligible Costs
The match is 20% but grantee must show 25% in additional costs if match is required. For example:

Determining the match amount:

PROJECT amount: $125,000
20% match: ($25,000)
GRANT amount: $100,000
Submitting costs for reimbursement
GRANT amount: $100,000
25% in additional costs: $25,000
PROJECT amount: $125,000
In summary, the 20% match calculation is based on the PROJECT amount, not on the GRANT amount.

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20 Payment Request Form Instructions
x All payment request types (reimbursement, final, ADVANCE) require this form. x A fillable, digital version of the payment request form is available at www.parks.ca.gov/grants. x Grantees are encouraged to submit payment requests digitally, as .pdf files. E-mail each document to the PROJECT OFFICER as a separate digital file, labeled as the document item. Retain all documents with original signatures with the PROJECT records. x Round all amounts to the nearest whole dollar.
x A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.
x Complete the Payment Request Form as follows:

1. PROJECT Number – Number assigned by OGALS when this PROJECT was approved

2. Contract Number – As shown in Certification of Funding section of the contract

3. APPLICANT – GRANTEE name as shown on the contract

4. PROJECT Title – Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form

6. Payment Information – round down to the nearest dollar

7. Send Warrant To – agency name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE

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21 Payment Request Form

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22 Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of the grant expenditure form is available at www.parks.ca.gov/grants. GRANTEES may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS on request. Only provide the following information to OGALS:

PROJECT Number:

Warrant/Check
#(1) Date(2) Recipient(3) Purpose(4)
PreConstruction
Amount(5)
Construction
Amount(6)

TOTALS AMOUNT
PRE-CONSTRUCTION Subtotal (5) $
Construction Subtotal (6) $
Grand Total (5) + (6) $
List only ELIGIBLE COSTS charged to the GRANT.

Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.

If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.

Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and a sample timesheet.

Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.

Column (4) SCOPE item related to the expenditure and a brief description, such as “playground design,” “community center permits,” “walkway materials,” “sports field construction.” Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT.

Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT.

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23 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, of the year the GRANT liquidates, as shown on the contract.

GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate .pdf files for each document. Retain all documents with original signatures with PROJECT records. GRANTEES should follow up with PROJECT OFFICER to confirm documents were received.

The final payment (not less than 20% of the GRANT) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET (page 23)

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (page 21)

2. Grant Expenditure Form (page 22)

3. Final Funding Sources Form (page 6)

4. Project Completion Certification Form (page 24)

5. Greenhouse Gas Emissions Reduction and Carbon Sequestration (if applicable) (page 8)

6. Notice of Completion (optional)3

7. Photo of the bond act sign and location (page 11)

8. Recorded Deed Restriction if not already provided (page 12)

9. Completed CEQA if not already provided (page 7)

10. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 36)
For PROJECTS involving acquisition, the GRANTEE must submit these additional documents, if not already provided:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report

3 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement.

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24 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:

Grantee contact for audit purposes
Name:

Address:

Phone: ( ) Email:

Project completion – list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes / No
Certification:

I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

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25 Advance Payments
x OGALS reserves the right to disapprove ADVANCE payment requests. Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE.
x ADVANCE payments may be requested for costs expected to be incurred in the next six months.
x ADVANCE payments must be placed in an interest bearing account. Earned interest must be spent on the project, and cannot be returned to OGALS.
x ADVANCE funds must be spent within six months of receipt, or returned to OGALS. x The sum of DEVELOPMENT ADVANCES cannot exceed 50% of the GRANT.

There are two types of DEVELOPMENT ADVANCE payments: PRE-CONSTRUCTION and CONSTRUCTION:

Pre-Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
Preconstruction
estimate shown on

PROJECT
SCOPE/cost
estimate form
After the
contract has
been
encumbered
x Payment Request Form
x ADVANCE justification (see page 26)
x Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE

SERVICES
Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
No more than 50%
of the GRANT.

After the
contract has
been
encumbered,
and
construction
will commence
during the next
six months
x Payment Request Form
x ADVANCE justification (see page
26)
x Bid documents (see page 16,
number 7), copy of signed
construction contract and a
notice to proceed or IN-HOUSE
EMPLOYEE SERVICES schedule
x Filed NOD or NOE (page Error!
Bookmark not defined.)
x Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE

SERVICES

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26 Advance Justification
Provide the following information:
x Explanation why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
x A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after payment request is submitted.
x A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit. x A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT. x An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand.

Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred. An ADVANCE is cleared as follows:
x Submit a grant expenditure form (see page 22) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest. x Submit photos of construction completed and the construction sign (see page 11) with the ADVANCE funds (for construction ADVANCES).
x Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance. OGALS cannot return interest to the contract balance.

Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.

2. A statement in the letter that the majority of ADVANCED funds has been cleared.

3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

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27 Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to 100% of
the acquisition amount.

After the contract is
encumbered and escrow
is open
See following instructions

1. Escrow letter

2. Title report cover page

3. Payment request form
The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 3). c) GRANT CONTRACT number and amount of GRANT funds requested. d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller.

2. Cover page of the preliminary title report.

3. Payment Request Form: the “Send Warrant To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person (see page 21).

After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. A grantee may also submit a Grant Expenditure Form (see page 22) documenting expenditures of eligible costs.

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28 Competitive Grant Program Contract
State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Competitive Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2049 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

Total State grant amount not to exceed $ [GRANT amount]

GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE

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29 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “COMPETITIVE GRANT PROGRAM GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 20xx to June 30, 20xx.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.

B. Project Execution

1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

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30 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Procedural Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required.

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31 3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of

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32 legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

2. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

3. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

4. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

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33 5. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

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34 O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

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35 Accounting and Audits
Accounting Requirements
GRANTEES must use accounting practices that:
x Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. x Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
x Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
x Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
x Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
x Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
x Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
x May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

State Audit
Grants are subject to audit by DPR (see page Error! Bookmark not defined., Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
x All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.
x An employee having knowledge of the PROJECT and its records to assist the DPR auditor.

Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.

Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements.

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36 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of GRANT funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.

CONTRACTS
□ Summary list of bidders (including individual
bid packages)
□ Recommendation by reviewer of bids
□ Award by governing body (minutes of the
meeting/resolution)
□ Construction contract agreement
□ Contract bonds (bid, performance, payment)
□ Contract change orders
□ Contractor's progress billings
□ Payments to contractor (cancelled checks/
warrants, bank statements, EFT receipts**)
□ Stop Notices (filed by sub-contractors and
release if applicable)
□ Liquidated damages (claimed against the
contractor)
□ Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
□ Authorization/work order identifying project
□ Daily time sheets signed by employee and
supervisor
□ Hourly rate (salary schedules/payroll
register)
□ Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
□ Authorization/work order
□ Daily time records identifying the project site
□ Hourly rate related backup documents

MINOR CONTRACTS/ MATERIALS/

SERVICES/EQUIPMENT RENTALS
□ Purchase orders/Contracts/Service
Agreements
□ Invoices
□ Payments (cancelled checks/ warrants, bank
statements and EFT receipts **)

ACQUISITION
□ Appraisal Report
□ Did the owner accompany the appraiser?
□ 10-year history
□ Statement of just compensation
(signed by seller)
□ Statement of difference (if purchased
above appraisal)
□ Waiver of just compensation (if
purchased below appraisal: signed by
seller)
□ Final Escrow Closing Statement
□ Cancelled checks/warrants, bank
statements and EFT receipts,
[payment(s) to seller(s)]
□ GRANT deed (vested to the
participant) or final order of
condemnation
□ Title insurance policy (issued to
participant)
□ Relocation documents
□ Income (rental, grazing, sale of
improvements, etc.)

INTEREST
□ Schedule of interest earned on State
funds advanced (Interest on grant
advances is accountable, even if
commingled in a pooled fund account
and/or interest was never allocated
back to the grant fund.)

AGREEMENT/CONTRACTS
□ Leases, agreements, etc., pertaining
to developed/acquired property
□ Proof of insurance pertaining to
developed/acquired property
* Estimated time expended on the
projects is not acceptable. Actual time
records and all supporting
documentation must be maintained
as charges are incurred and made
available for verification at the time of
audit.
** Front and back if copied.

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37 Definitions
Capitalized words and terms used in this guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA – the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE’s proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.

DEVELOPMENT – construction, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

GRANT – funds made available to a GRANTEE for completion of the PROJECT during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed contract with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.

IN-HOUSE EMPLOYEE SERVICES –GRANTEE’s employees working on the PROJECT SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the SCOPE as described in the competitive application to be completed with GRANT funds and committed funds, if identified on Funding Sources Form (page 6).

PROJECT COMPLETION – when the SCOPE is complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final payment following PROJECT COMPLETION.

PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Administration Guide and the GRANT contract.

SCOPE – the recreation features and major support amenities, as described in the competitive application that must be completed prior to final GRANT payment.

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For the Contract between the City of
Richmond and

EXHIBIT F

American Ramp Company

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Page 2138 of 2219 ends

___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

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37 Definitions
Capitalized words and terms used in this guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.

DEVELOPMENT – construction, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

GRANT – funds made available to a GRANTEE for completion of the PROJECT during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed contract with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.

IN-HOUSE EMPLOYEE SERVICES –GRANTEE’s employees working on the PROJECT SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the SCOPE as described in the competitive application to be completed with GRANT funds and committed funds, if identified on Funding Sources Form (page 6).

PROJECT COMPLETION – when the SCOPE is complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final payment following PROJECT COMPLETION.

PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Administration Guide and the GRANT contract.

SCOPE – the recreation features and major support amenities, as described in the competitive application that must be completed prior to final GRANT payment.

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Page 1 of 2 ends

October 18, 2022
Economic Development
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Jene Levine-Snipes, Development Project Manager
SUBJECT: State of California Department of Transportation (Cal Trans) Clean California Grant Program Funds for the
Richmond Art and Lighting Project
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here
would generate a one-time grant that does not have to be repaid. These funds would be administered by the Public Works Department in accordance with Cal Trans rules
and regulations. The Public Works Department, Parks
Division will adjust its budget accordingly and set up a fund for this program.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City Staff is requesting City Council to approve a
resolution to ACCEPT and APPROPRIATE grant funds in
the amount of $4,000,000 from the State of California
Department of Transportation (Cal Trans) Clean
California Grant Program for Richmond Art and Lighting
Project
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $4,000,000 from the State of California Department of Transportation (CalTrans) Clean California Grant Fund – Public Works (Nickie
Mastay/Jene Levine-Snipes 307-8132) .

AGENDA
REPORT

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Page 2 of 2 ends

October 18, 2022
DISCUSSION:

Richmond Communities Clean Collaborative consists of beautification and safety projects to enhance local street undercrossings and one overcrossing in the City of Richmond. The locations are Macdonald Avenue, Barrett Avenue, and San Pablo Avenue undercrossings on Highway 80 and Harbor Way overcrossing on Highway 580.

The project will install pedestrian scale lighting to brighten the pedestrian experience and artwork to help enliven the space for the community.

Highway 80 is an eight-lane freeway that transects the City. The width of the structure leaves the sidewalk dark even during daylight hours. The pedestrian experience will be transformed through art and lighting. The artwork will significantly brighten the underpass locations both physically and emotionally by adding color to a drab space. It will also help reduce graffiti by enlivening these spaces and providing less blank canvas for taggers.

On October 30, 2021, City of Richmond staff submitted the proposal for the Richmond Art and Lighting Project. On September 23, 2022, the City was provided the finalized list of the grant award. The project must be complete by June 30, 2024.

City staff is requesting City Council to approve the resolution to accept and appropriate the grant funds and adjust the FY2022-2023 revenues and expenditures by $4,000,000.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Cal Trans Clean CA Co-Op Agreement Letter

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Agreement 04-2893
Project No. 0422000136
EA 4W310
04-CC-80/580-VAR
Project Development Agreement 2017-02-17 (Created July 11, 2022) 1 of 20

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Richmond, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. CALTRANS is authorized per the California Streets and Highways Code, Section 91.42 to expend Clean California State Beautification Program of 2021 funds towards beautifying and cleaning up state highways and eligible projects towards that goal.

3. For the purpose of this AGREEMENT, to enhance local street undercrossings and one over crossings (MacDonald Ave UC, Barrett Ave. UC and San Pablo Ave UC on Hwy 80 and Harbour Way OC on 580) in the City of Richmond. Install pedestrian scale lighting for a brighten pedestrian experience. Additional improvements include decorative paving, fencing and slope paving will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (Clean California Enhancement Proposal and Streamlined Delivery Report).

4. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
• PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
• CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

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Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 2 of 20

5. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

6. The following work associated with this PROJECT has been completed or is in progress:
• CALTRANS approved the Categorical Exemption on July 8, 2022. • CITY is developing the R/W Certification through the encroachment permit process. • CITY is developing the Plans, Specifications and Estimate through the encroachment permit process.
• CALTRANS is developing the Streamlined Development Report.

7. PARTIES agree that if there is a surplus of Clean CA funds and those funds will be used for Transportation Art then PARTIES will amend this AGREEMENT and execute a Transportation Art agreement.

8. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

9. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

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Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 3 of 20

RESPONSIBILITIES
Sponsorship

10. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

11. CALTRANS is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

12. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. • CITY is the CONSTRUCTION IMPLEMENTING AGENCY.

CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

13. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.

14. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

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Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 4 of 20 Funding

15. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

16. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.

17. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

18. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

19. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS’ Quality Management

20. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

21. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

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Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 5 of 20

22. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

23. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

CEQA Lead Agency

24. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

25. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTY’s responsibilities in this AGREEMENT.

26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

27. The PROJECT will not require environmental permits/approvals.

Plans, Specifications, and Estimate (PS&E)

28. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

29. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.15.10.xx Quality Management No
255.15 Environmental Re-evaluation No

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Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 6 of 20

30. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

31. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-ofway in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

CONSTRUCTION

32. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

33. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.20.10.xx Quality Management No

34. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

35. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.

36. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal.

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Richmond City CouncilOctober 18, 2022

Richmond City Council
October 18, 2022