Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 7 of 20
37. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
• CALTRANS accepts the final plans, specifications, and estimate • CALTRANS accepts the Right-of-Way Certification
• Any new or amended maintenance agreements required for the WORK are executed.
38. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.
39. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.
40. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, PARTIES must agree in writing on a course of action within fifteen (15) working days. If no agreement is reached within fifteen (15) work days the IMPLEMENTING AGENCY will not award the construction contract.
41. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
• The payment and performance bonds
• The CONSTRUCTION Quality Management Plan
42. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.
43. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work requires Gamma-Gamma Logging acceptance testing for Cast in Drilled Hole (CIDH) pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 8 of 20
44. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.
45. CALTRANS will review and concur with:
• Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).
46. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.
47. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.
48. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
• Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
• CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.
49. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.
CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 9 of 20
50. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “AsBuilt” plans and Change Orders, including any changes authorized by CALTRANS, using an approved transfer mechanism, such as a CD ROM, flash drive, Filr. The submitted digital files must be completed in accordance with Caltrans specifications, policies, and manuals, including requirements in Sections 2 and 3, of Chapter 17 in the Project Development Procedures Manual, then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. When applicable, the digital submittal must also include high accuracy locating and underground facilities data. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.
The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Professional Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.
Schedule
51. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
52. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with a final report of the WORK completed.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 10 of 20 Additional Provisions
Standards
53. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
• Right of Way Manual
• Construction Manual
• Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines
Noncompliant Work
54. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
55. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
56. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 11 of 20 Encroachment Permits
57. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
58. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
59. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
60. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
61. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 12 of 20 Hazardous Materials
62. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
63. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
64. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.
65. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CITY will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds obligated in this AGREEMENT.
66. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 13 of 20 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.
CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
67. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
68. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
69. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
70. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
71. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 14 of 20
72. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.
PARTIES will retain all WORK-related records for three (3) years after the final voucher.
PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.
73. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.
CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.
The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.
The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.
The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.
Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.
Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.
74. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
75. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
76. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 15 of 20
77. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
78. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.
79. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
80. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
81. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
82. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
83. All portions of this AGREEMENT, including the Recitals Section, are enforceable.
Venue
84. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 16 of 20 Exemptions
85. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
86. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
87. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
88. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
89. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 17 of 20 Ambiguity and Performance
90. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
91. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
92. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
93. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
94. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 18 of 20 Prevailing Wage
95. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 19 of 20 Contact Information
CALTRANS
Mathew Abel, Acting Project Manager- D4 Clean CA
111 Grand Ave
Oakland, CA 94612
Mobile Phone: 408-774-6009
Email: [email protected]
CITY OF RICHMOND
Jene Levine-Snipes, Development Project Manager
3220 Macdonald Ave
Richmond, CA 94804
Office Phone: (510) 307-8132
Email: [email protected]
Agreement 04-2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 20 of 20
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Helena (Lenka) Culik-Caro
Deputy District Director, Design
Verification of funds and authority:
Jeffrey Kuehnel
District Budget Manager
Certified as to financial terms and policies:
_
Nadine Karavan
HQ Accounting Supervisor
CITY OF RICHMOND
Kinshasa Curl
City Manager
Attest:
Name Tbd
City Clerk
Approved as to form and procedure:
Dave Aleshire
Interim City Attorney
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 3 FUNDING SUMMARY NO. 01
FUNDING TABLE v. 12
IMPLEMENTING AGENCY CITY CITY
Source Party Fund Type PS&E
CONST.
SUPPORT
CONST.
CAPITAL Totals
STATE CALTRANS CLEAN CALI 442,943 204,000 3,353,057 4,000,000 Totals 442,943 204,000 3,353,057 4,000,000
SPENDING SUMMARY
v 221
PS&E CONST. SUPPORT CONST.
CAPITAL
Fund Type CALTRANS CITY CALTRANS CITY CITY Totals
CLEAN CALI 0 442,943 0 204,000 3,353,057 4,000,000
Totals 0 442,943 0 204,000 3,353,057 4,000,000
FUNDING SUMMARY No. 01 AGREEMENT 04 - 2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 2 of 4 Funding
1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.
4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.
AGREEMENT 04 - 2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 4 of 4
5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
6. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
Invoicing and Payment
7. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
8. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
9. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
10. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
11. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
AGREEMENT 04 - 2893
Project No. 0422000136
Project Development Agreement 2017-02-17 (Created July 11, 2022) 4 of 4 Plans, Specifications, and Estimate (PS&E)
12. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
CONSTRUCTION Support
13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
CONSTRUCTION Capital
14. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
ATTACHMENT 1
RESOLUTION NO._____________________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND, CALIFORNIA FOR AUTHORIZATION TO ACCEPT AND
APPROPRIATE THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION CLEAN CALIFORNIA LOCAL GRANT
PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $4,000,000 FOR
THE RICHMOND ART AND LIGHTING PROJECT
WHEREAS, the State of California Department of Transportation (“CalTrans”) requested proposals (“NOFA”) on October 30 1, 2021 for the California Department of Transportation Clean California Local Grant (“Clean California”) 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 Clean California grant for the Richmond Art and Lighting 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 Clean California funds for eligible activities in the manner presented in the application as approved by the CalTrans 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 CalTrans for participation in the Clean California 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:
ATTACHMENT 1
AYES:
NOES:
ABSENT:
ABSTENTION:
____________________________
Clerk of the City of Richmond
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_________________
City Attorney
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 Department of Transportation Clean California Grant
Program Funds for the Yellow Brick Road: Clean, Green,
and Beautiful 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 SPP 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 $4,999,955 from the State of California
Department of Transportation (Cal Trans) Clean
California Grant Program for Yellow Brick Road: Clean,
Green, and Beautiful Project
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $4,999,955 from the State of California Department of Transportation (CalTrans) Clean California Grant Fund – Public Works (Nickie
Mastay/Jene Levine-Snipes 510-307-8132).
AGENDA
REPORT
October 18, 2022
DISCUSSION:
"Yellow Brick Road: Clean, Green, and Beautiful" is Phase 3 of the Yellow Brick Road Project (YBR) in Richmond's Iron Triangle neighborhood. While Phase 1 constructed pedestrian-friendly street infrastructure, Phase 2 will add plants and trees, and Phase 3 will install human-scale street lighting, litter abatement facilities, wayfinding and placemaking signage, and public art elements to 8th Street and Pennsylvania Avenue in Richmond. The Project also proposes decorative fencing at the two parks that bookend the YBR route (Elm Playlot and Harbour-8 Park) as well as a litter abatement and public art maintenance campaign for residents who live within a 1/4-mile of the project site.
This project will clean and beautify the project site, and it will provide necessary placemaking elements to complete the community's vision to create a clean, green, and safe street for biking and walking in the Iron Triangle neighborhood.
On January 31, 2022, City of Richmond staff submitted the application for the Yellow Brick Road: Clean, Green, and Beautiful Project. On May 17, 2022, the City was notified 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 $4,999,955.
The project is a result of a collaboration in the grant application submittal with the City of Richmond and Pogo Park.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Grant Award Letter
ATTACHMENT 1
RESOLUTION NO._____________________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND, CALIFORNIA FOR AUTHORIZATION TO ACCEPT AND
APPROPRIATE THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION CLEAN CALIFORNIA LOCAL GRANT
PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $4,999,955 FOR THE YELLOW BRICK ROAD: CLEAN, GREEN, AND BEAUTIFUL
PROJECT
WHEREAS, the State of California Department of Parks and Recreation (“State”) issued a Notice of Funding Availability (“NOFA”) on December 1, 2021 for the California Department of Transportation Clean California Local Grant (“Clean California”) 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 Clean California grant for the Yellow Brick Road:
Clean, Green, and Beautiful 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.
BE IT FURTHER RESOLVED THAT the City of Richmond hereby agrees to use the Clean California 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 Clean California 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:
ATTACHMENT 1
AYES:
NOES:
ABSENT:
ABSTENTION:
____________________________
Clerk of the City of Richmond
(SEAL)
Approved:
__________________
Mayor
Approved as to form:
_________________
City Attorney
“Provide a safe and reliable transportation network that serves all people and respects the environment.”
OFFICE OF CLEAN CALIFORNIA LOCAL GRANT PROGRAM
DIVISION OF LOCAL ASSISTANCE
https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program Clean California Local Grant Program
Transmittal Letter
5/17/2022
Dear Grant Recipient:
Congratulations on being selected as an awardee for the Clean California Local Grant Program (CCLGP)! A list of awarded projects can be found here:
https://cleancalifornia.dot.ca.gov/local-grants. Please note the CCLGP is a reimbursement program. Reimbursable work cannot commence on a project until you have a fully executed (i.e., signed) Restricted Grant Agreement (RGA) with Caltrans.
Included, is the RGA document for your review and signature. The Agreement will need to be executed by both your agency or tribe and Caltrans before project work can begin. This is not a Notice to Proceed. No funds will be released to a grant awardee until the RGA is fully executed by both parties. Expenses incurred prior to the execution of the grant agreement cannot be reimbursed or counted towards any local match requirements for a project.
In addition to the RGA, an Amendment to the Grant Application may be included for your review and signature based on previous discussions between your agency/tribe and its District Grant Manager. We encourage you to reach out to your District Grant Manager with any questions you may have on these proposed changes to the Grant Application.
A complete RGA package, that includes the following list of documents, will need to be completed and returned to your District Grant Manager before the RGA can be fully executed by Caltrans. Copies of forms that need to be completed and samples of documents have been emailed with this letter.
• Checklist of Documents to include in the RGA Package
• An updated Payee Data Record (form STD. 204). If you have not done this, please email this form to [email protected] and CC your grant manager.
In the email, please request confirmation when the form has been processed by Payee Data Records and a Vendor ID has been generated.
Even if your agency or tribe has previously completed this form for another project and has a Vendor ID, please submit this form again, to ensure that Caltrans has the most up to date information for your agency/tribe and that it will receive reimbursements in a timely manner.
5/17/2022
“Provide a safe and reliable transportation network that serves all people and respects the environment” The Federal Employer Identification Number (FEIN #) can be listed on this form. If the SSN# is listed instead, please black this out, and once the form is received, Payee Data Records will call the requestor for the Social Security Number. For Section 2, Tribes should check “EXEMPT”, and local agencies (e.g., Cities and Counties) should check “ALL OTHERS”. Section 6 should contain the following information.
• A Board, City Council, or Tribal Government resolution (or similar approval document) approving the project and authorizing the agency/tribe to execute the restricted grant agreement with the State of California, Department of Transportation. A sample resolution has been sent with this letter that you can complete with your agency or tribe’s information and present to your agency/tribe. Note, some local agencies have a blanket resolution authorizing it to receive state funds and identifying specific managers to sign contracts up to a certain dollar amount. If that applies to your agency/tribe, you can provide this blanket resolution that authorizes the person signing the RGA instead. In general, if you have an existing resolution that you would like to use instead of the sample resolution provided, please reach out to your District Grant Manager to confirm that it meets the criteria for an agency or tribal resolution. • If requesting reimbursement for indirect costs, an approval letter(s) of the indirect cost rate for the fiscal year(s) that your agency/tribe will be claiming indirect costs from either Caltrans or the federal cognizant agency must be provided. See page 15 of the Program Guidelines and the Independent Office of Audits and Investigations website for details: https://ig.dot.ca.gov/resources.
To ensure the success of your project, please note the following:
• The Clean California Local Grant Program (CCLGP) homepage is located here: https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program.
Resources, including the Program Guidelines, are available to applicants from this main page. Please re-familiarize yourself with the Grant Guidelines as they will be included in the RGA package as an attachment.
• Prior to executing the RGA, if preconstruction work was not included in Attachment C (Scope of Work, Cost, and Project Schedule Workbook for Infrastructure Projects) as a participating cost, please ensure you have completed all applicable environmental clearances such as CEQA or NEPA. Also, verify that
5/17/2022
“Provide a safe and reliable transportation network that serves all people and respects the environment” any applicable encroachment permits are completed, or almost complete to ensure the project delivery deadline will be met.
• Invoicing will be submitted on a quarterly basis. However, if the agency or tribe requested an advance payment, the agency/tribe shall invoice monthly (refer to the section “Advance Payment Process” of the Program Guidelines). Awardees who requested advance payment will be receiving instructions from their District Grant Managers on how to complete an invoice for this payment. • If requesting reimbursement of funds to be electronically deposited directly to the agency or tribe’s account, please complete the Electronic Funds Transfer Document (FA-2656). Note that participation in the EFT program is limited to local agencies that do not have delinquent account receivables with Caltrans. The Federal Employer Identification Number (FEIN #) can be listed on this form. If the SSN# is listed instead, please black this out, and once the form is received, Payee Data Records will call the requestor for the Social Security Number. Mail original form with wet signatures, along with a voided check or a bank reference number, directly to:
Division of Accounting – MS 33
Attn: Suet Wong/Payee Data Records
P.O. Box 168043
Sacramento, CA 95816
It is recommended that with the original form, you include a note requesting confirmation when this form has been processed. Note that it can take up to 30 days between when the form is submitted and when funds can be transferred electronically.
• Quarterly Progress Reports are to be submitted to Caltrans for review. Agencies will be provided further direction on the schedule and format of these Quarterly Progress Reports from their District Grant Managers. A template for these progress reports will also be provided.
• The project must be completed, open to the public, and/or all capital funds expended by June 30, 2024.
• Final Delivery Reports and invoicing must be submitted to Caltrans no later than November 1, 2024. The final invoice will be paid upon submission and acceptance of the Final Delivery Report.
• Projects may be subject to an audit by Caltrans to evaluate the following:
o Performance of the project
o Whether project costs incurred and reimbursed are compliant with the following:
Executed RGA and/or approved amendment(s)
State and Federal laws and regulations
Contract provisions
Program Guidelines
5/17/2022
“Provide a safe and reliable transportation network that serves all people and respects the environment” Approved Indirect cost Rate
o Consistency with project scope, schedule and benefits described in the RGA and/or approved amendment(s), and approved project
application.
If you have any questions about your project or the CCLGP, please contact your District Grant Manager, Linda Phoen ([email protected]). We look forward to working with you!
Sincerely,
Gretchen Chavez
Office Chief
Clean California Local Grant Program
Division of Local Assistance
Enclosed:
Restricted Grant Agreement
Amendment to Grant Application
Amended Attachments (If Applicable)
RGA Checklist
STD 204 Form
Sample Resolution
CCLGP Guidelines
Awardees’ Original Grant Application
Electronic Funds Transfer Document (FA-2656)
Home Clean California Local Grant Projects
Clean California Local Grant Projects
Learn more about the Clean California Local Grant Program.
Alameda
County District
Attorney's
Office
Alameda County
District Attorney’s
Clean Streets
Initiative
$2,369,091 $3,010,069 The Alameda County District
Attorney’s (DA) office
proposes to contract with
homeless advocacy nonprofit
Downtown Streets Team
(DST) to provide continuous
litter abatement through unhoused persons at three
project areas: two in East
Oakland and one in Hayward.
Waste Management, Inc. will
cover DST’s disposal costs.
Local recycler Argent
Materials, which has heavy
equipment, will conduct
additional abatement in one
of the areas and join in
community clean-ups. The
DA’s Environmental Unit will
provide oversight, support,
and coordination with the
efforts of Alameda County
Illegal Dumping Task Force
(ACID), and will conduct two
billboard and transit center
campaigns.
Agency Name Project Title
Grant
Amount
Total
Project
Cost Project Description
Contact Us ADA Certification Settings Translate
About Clean CA Stormwater Jobs Districts Clean CA Home
2
City of
Richmond
Richmond
Communities Clean
Collaborative
$5,000,000 $9,165,000 Richmond Communities
Clean Collaborative consists
of two Infrastructure
projects, The Boorman Park
Revitalization Project and the
7th Street Connection
Project. Boorman Park was
redesigned by the
community and will
reconstruct an existing park
and change the site layout
for safety and ease of
maintenance. The 7th Street
project consists of a sidewalk
and bicycle facility gap
closure and the
transformation of an
unpaved alley. The remaining
of the Clean Collaboratives
include multiple projects
concentrated in a cluster of
underserved neighborhoods
in the heart of the City of
Richmond: the Iron Triangle,
Atchison Village, Richmore
Village/Metro Square,
Belding Woods, Cortez/Stege,
Coronado, and Santa Fe. The
programs will engage and
uplift youth, individuals
impacted by the social justice
system, unhoused neighbors,
and other residents through
employment and volunteer
service, dumpster days,
clean-up and enhancement
activities, and outreach and
waste reduction education.
Agency Name Project Title
Grant
Amount
Total
Project
Cost Project Description
2
City of
Richmond
Yellow Brick Road:
Clean, Green &
Beautiful
$4,999,955 $5,009,955 "Yellow Brick Road: Clean,
Green, and Beautiful" is
Phase 3 of the Yellow Brick
Road Project (YBR) in
Richmond's Iron Triangle
neighborhood. While Phase 1
constructed pedestrianfriendly street infrastructure
and Phase 2 will add plants
and trees, Phase 3 will install
human-scale street lighting,
litter abatement facilities,
wayfinding and placemaking
signage, and public art
elements to 8th Street and
Pennsylvania Avenue in
Richmond. The Project also
proposes decorative fencing
at the two parks that
bookend the YBR route (Elm
Playlot and Harbour-8 Park)
as well as a litter abatement
and public art maintenance
campaign for residents who
live within a 1/4-mile of the
project site. This project will
clean and beautify the
project site, and it will
provide necessary placemaking elements to
complete the community's
vision to create a clean, green
and safe street for biking and
walking in the Iron Triangle
neighborhood.
Agency Name Project Title
Grant
Amount
Total
Project
Cost Project Description
2
October 18, 2022
Community Development
DATE: October 18, 2022
TO: Mayor Butt and Members of the City Council
FROM: Lina Velasco, Director of Community Development
SUBJECT: TEFRA Hearing for The Nevin Plaza Apartments
Affordable Housing Project
FINANCIAL IMPACT: The proposed Bonds to be issued by the California Municipal Finance Authority (“CMFA”) for the Project will be the sole responsibility of the Borrower, and the City will have no financial or legal obligation for the Project or the repayment of the Bonds. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public
benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance
fees it receives with its member communities and
donates a portion of these issuance fees to the
Foundation for the support of local charities. With respect to the City of Richmond, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.
PREVIOUS COUNCIL
ACTION:
None
AGENDA
REPORT
October 18, 2022
STATEMENT OF THE
ISSUE:
The CMFA requests that the City Council hold a public
hearing under the Tax Equity and Fiscal Responsibility
Act (“TEFRA”) in connection with the issuance of revenue bonds, in an amount not to exceed $50,000,000, for the
benefit of EAH Inc. (the “Sponsor”), on behalf of Nevin Plaza I, L.P., a California limited partnership, or another ownership entity to be created by the Sponsor, or an
affiliate of the Sponsor for the purpose of owning the
project described herein (such limited partnership or
other ownership entity being referred to herein as the
“Borrower”) as part of a plan to: (1) finance and
refinance the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities (the “Project”) to be owned and operated by the Borrower and located at
2400 Nevin Avenue in the City of Richmond, California
(the “City”), and (2) pay certain expenses in connection with the issuance of the Bonds.
RECOMMENDED ACTION: HOLD a public hearing relating to the proposed issuance of revenue bonds by the California Municipal Finance
Authority (the “CMFA”), in an amount not to exceed
$50,000,000, for the benefit of the Nevin Plaza I, L.P., for the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities located at 2400 Nevin Avenue in the City of Richmond, California; and ADOPT a resolution approving the issuance of the bonds by the CMFA for the sole purpose of satisfying Tax Equity and Fiscal
Responsibility Act requirements – Community
Development (Lina Velasco 510-620-6706).
DISCUSSION:
California Municipal Finance Authority (CMFA)
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 320 municipalities, including the City of Richmond, have become members of CMFA.
The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
October 18, 2022
Project to be Financed
The Borrower requests that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $50,000,000 of tax-exempt revenue bonds.
The proceeds of the Bonds will be used to (1) finance and refinance the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities to be owned and operated by the Borrower and located at 2400 Nevin Avenue in the City of Richmond, California, and (2) pay certain expenses in connection with the issuance of the Bonds.
TEFRA Hearing
As required by the Tax Equity and Fiscal Responsibility Act of 1982 (as set forth in Section 147 (f) of the Internal Revenue Code of 1986), in order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) providing the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, the City Council must, in its discretion, decide whether to provide its approval of the issuance of the Bonds by CMFA for the financing of the Project.
CONCLUSION:
City staff recommends that the City Council (1) conduct the Public Hearing; and (2) Adopt a Resolution approving the issuance of bonds by the CMFA for a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities located at 2400 Nevin Avenue in the City of Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Notice of Public Hearing
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000 TO FINANCE AND REFINANCE A 140-UNIT MULTIFAMILY HOUSING FACILITY FOR THE BENEFIT OF NEVIN PLAZA I, L.P., A CALIFORNIA LIMITED PARTNERSHIP, OR ANOTHER ENTITY CREATED BY EAH INC. (OR AN
AFFILIATE), AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, EAH Inc. (the “Sponsor”), on behalf of Nevin Plaza I, L.P., a California limited partnership, or another ownership entity to be created by the Sponsor, or an affiliate of the Sponsor for the purpose of owning the project described herein (such limited partnership or other ownership entity being referred to herein as the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) issue from time to time one or more series of revenue bonds in an aggregate principal amount not to exceed $50,000,000 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to (1) finance and refinance the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities (the “Project”) to be owned and operated by the Borrower and located at 2400 Nevin Avenue in the City of Richmond, California (the “City”), and (2) pay certain expenses in connection with the issuance of the Bonds; and
WHEREAS, an “applicable elected representative” of a jurisdiction in which the Project is to be located is required to approve the issuance of the Bonds under Section 147(f) of the Code; and
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority, including but not limited to Bonds issued as part of a plan to finance and refinance the facilities described herein. It is the purpose and intent of the City Council that this resolution constitutes approval of the issuance of the Bonds by the Authority for the Project, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 4. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, A Professional Law Corporation
475 Sansome Street, Suite 1700
San Francisco, California 94111
Section 5. This resolution shall take effect immediately upon its adoption. *****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting held on October 18, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Pamela Christian, Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Thomas K. Butt, Mayor
Approved as to form:
_______________________________
Dave Aleshire, City Attorney
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on October 18, 2022, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held by the City Council of the City of Richmond, California (the “City”), with respect to the proposed issuance by the California Municipal Finance Authority (the “Authority”) of its revenue bonds in one or more series in an amount not to exceed $50,000,000 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to: (1) finance and refinance the acquisition and rehabilitation of a 140-unit multifamily rental housing facility for very low-income seniors and persons with disabilities located at 2400 Nevin Avenue in the City; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned and operated by Nevin Plaza I, L.P., a California limited partnership, or another entity to be created by EAH Inc. or an affiliate thereof (the “Borrower”).
The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City, the Authority, the State of California, or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.
All persons having objections to or wishing to speak in support of this matter may be heard before the City Council at 6:30 p.m., or as soon thereafter, on Tuesday, October 18, 2022. Due to COVID-19, this public hearing will be held via teleconferencing.
Public comment may be submitted by telephone, mail, email, eComments and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
1. Via telephone by calling 888-808-6929 (Toll Free) and entering passcode 9193841.
2. Via mail received by 1:00 p.m. the day of the public hearing - sent to Office of the Clerk, 450 Civic Center Plaza, 3rd Floor, Richmond, CA 94804.
3. Via email to [email protected] by 1:00 p.m. the day of the public hearing.
Emails MUST contain in the subject line 1) public comments – agenda item #__ [include the agenda item number]. All such email will be posted on-line and emailed to the City Council before the meeting is called to order.
4. Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon on the item you wish to comment on.
5. Via Zoom by video conference or by phone using the following link/call-in numbers: To participate by computer:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09 Passcode: ccmeeting
Or iPhone one-tap:
US: +16699006833,,99312205643# or +13462487799,,99312205643# Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592. Webinar ID: 993 1220 5643 International numbers available: https://zoom.us/u/aEKJd7QGp The City Council agenda will provide details regarding how to use the “raise your hand” feature in zoom to provide public comment. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting. .
Dated and Published: October 8, 2022
October 18, 2022
Mayor's Office
DATE: October 18, 2022
TO: Members of the City Council
FROM: Tom Butt, Mayor
Subject: Board, Commission, and Committee Resignations and Vacancies
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Community members that are interested in serving on a
board, commission, or committee are invited to submit
their applications to the City Clerk’s Office.
RECOMMENDED ACTION: ANNOUNCE recent resignations from boards, commissions, and committees and vacancies as of
October 12, 2022, and ask that interested individuals
send applications to the City Clerk’s Office – Mayor’s
Office (Mayor Tom Butt 510-620-6503).
DISCUSSION:
Through a variety of boards, commissions, and committees, community members play an important role in advising the mayor, city council, and city staff on important public AGENDA
REPORT
October 18, 2022
policy issues. Community members can learn more about each board, commission, and committee and apply for a vacancy by contacting the City Clerk’s Office at 510-620- 6513 or [email protected] or by visiting www.ci.richmond.ca.us/56/CityClerks-Office.
Resignations (July 21 - October 12, 2022)
- Toody Maher; Urban Forest Advisory Committee; Resigned; 08/01/22 - Yas Aoki; Shimada Friendship Commission; Passed Away; 08/12/22 - Arnon Oren; Economic Development Commission; Resigned; 08/25/22 - Mindy Pines; Personnel Board; Resigned; 09/11/22
- Macy Leung; Design Review Board; Resigned; 09/13/22
- Mimi Vitetta; Library Commission; Resigned; 09/13/22
- Diego Castro Curry; Youth Council; Resigned; 10/01/22 - Andres Soto; Reimaging Public Safety Community Task Force; Auto-Resigned; 09/29/22
Vacancies (As of October 12, 2022)
- Arts and Culture Commission (9)
- Community Police Review Commission (1)
- Commission on Aging (3)
- Contra Costa Mosquito & Vector Control Board (1)
- Design Review Board (2)
- ECIA Grant Review Ad Hoc Committee (2)
- ECIA Transportation Oversight Committee (4)
- Economic Development Commission (3)
- Fund for Children and Youth Oversight Board (4)
- Historic Preservation Commission (0)
- Housing Advisory Commission (1)
- Human Rights and Human Relations Commission (0)
- Library Commission (1)
- Personnel Board (2)
- Planning Commission (1)
- Recreation and Parks Commission (2)
- Reimaging Public Safety Community Task Force (4)
- Rent Board (0)
- Shimada Friendship Commission (2)
- Urban Forest Advisory Committee (2)
- Workforce Development Board (17)
- Youth Council (8)
- Zhoushan Friendship Commission (2)
DOCUMENTS ATTACHED:
N/A