CITY OF INDUSTRY
CITY COUNCIL
REGULAR MEETING CAT OF INDUSTRY
Mayor Cory C. Moss
AGENDA
Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
FEBRUARY 24, 2022 Council Member Mark D. Radecki
9:00 AM Council Member Newell Ruggles
Location: City Council Chamber, 15651 Mayor Dave Way, City of Industry, California 91744 Addressing the City Council:
NOTICE OF TELEPHONIC MEETING:
• Pursuant to AB 361 (Government Code Section 54953(e)), this meeting will be held in person and telephonically. Members of the public can attend the hybrid meeting and offer public comments either in person or telephonically, by calling the following conference call number: 657-204-3264, then entering the following Conference ID: 961 482 530#. In accordance with Section 4 of the County of Los Angeles Department of Public Health, Order of the Health Officer, dated July 30, 2021, all individuals who attend the meeting in person must wear a mask.
Pursuant to the Governor's Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting (including assisted listening devices), please contact the City Clerk's Office at (626) 333-2211 by 5:00 p.m. on Tuesday, February 22, 2022, to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
Agenda Items: Members of the public may address the City Council on any matter listed on the Agenda. In order to conduct a timely meeting, there will be a three-minute time limit per person for any matter listed on the Agenda.
Public Comments (Non-Agenda Items Only): Anyone wishing to address the City Council on an item not on the Agenda may do so during the "Public Comments" period. In order to conduct a timely meeting, there will be a three-minute time limit per person for the Public Comments portion of the Agenda. State law prohibits the City Council from taking action on a specific item unless it appears on the posted Agenda.
Agendas and other writings:
In compliance with Government Code Section 54957.5(b), staff reports and other public records permissible for disclosure related to open session agenda items are available at City Hall, 15625 Mayor Dave Way, City of Industry, California, at the office of the City Clerk of the City Council during regular business hours, Monday through Thursday, 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 pm. City Hall doors are closed between 12:00 p.m. to 1:00 p.m. each day. Any person with a question concerning any agenda item may call the City Clerk's Office at (626) 333-2211.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 24, 2022
PAGE NO. 1
Call to Order
2. Flag Salute
Roll Call
Public Comments
5. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action.
5.1 Consideration of the Register of Demands for February 24, 2022 RECOMMENDED ACTION: Approve the Register of
Demands, and authorize the appropriate City Officials to pay the bills.
5.2 Presentation of the FY 2021-22 Mid-Year Budget Report and consideration of Resolution No CC 2022-09, approving and adopting the Fiscal Year 2021-22 proposed Mid-Year Budget Amendments, and Fiscal Year 2021-22 Proposed Mid-Year Budget Amendments for the Capital Improvement Program Budget
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
09. 5.3 Consideration of Amendment No. 1 to the Right of Entry Agreement with the City of La Puente for the Repainting of the Azusa Avenue Bridge over Valley Boulevard, extending the term through February 24, 2027, and updating the address for the City of Industry (MP 10-08 #6) RECOMMENDED ACTION: Approve the Amendment.
5.4 Consideration of Amendment No. 1 to the Agreement with the California Department of Transportation for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision north of Gale Avenue, extending the term through June 30, 2023, and increasing compensation by $130,000.00 (MP 06-11 #21)
RECOMMENDED ACTION: Approve the Amendment.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 24, 2022
PAGE NO. 2
6. CITY MANAGER REPORTS
AB 1234 REPORTS
8. CITY COUNCIL COMMUNICATIONS
CLOSED SESSION
9.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. San Gabriel Valley Water & Power, et al., and Superior Court of California, County of Los Angeles
Case No. 19STCV10150
9.2 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY CLERK
10. Adjournment. The next regular City Council Meeting is Thursday, March 10, 2022, at 9:00 a.m.
CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
FEBRUARY 24, 2022
PAGE NO. 3
CITY COUNCIL
ITEM NO. 5.1
CITY OF INDUSTRY
AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF FEBRUARY 24, 2022
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 1,471,805.94
103 PROP A FUND 5,068.39
107 MEASURE W FUND 1,662.50
120 CAPITAL IMPROVEMENTS 1,363,002.73
TOTAL ALL FUNDS 2,841,539.56
BANK RECAP:
BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 77,845.49
PROPIA PROP A - CKING ACCOUNT 5,068.39
MEAS/ MEASURE W - CKING ACCOUNT 1,662.50
REF REFUSE - CKING ACCOUNT 137,959.99
WFBK WELLS FARGO - CKING ACCOUNT 2,619,003.19
TOTAL ALL BANKS 2,841,539.56
APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1
BANK OF AMERICA
February 24, 2022
Check Date Payee Name
Check Amount
CITYGEN.CHK - City General
WT1249 01/07/2022 JOHN HANCOCK USA $4,256.97
Invoice Date Description Amount
12/11-12/24/21 01/07/2022 PARS CONTRIBUTION FOR 12/11-12/24/22 $4,256.97 WT1250 02/08/2022 JOHN HANCOCK USA $4,233.97
Invoice Date Description Amount
12/25/21-1/7/22 02/08/2022 PARS CONTRIBUTION FOR 12/25/21-1/7122 $4,233.97
WT1251 02/03/2022 JOHN HANCOCK USA
$4,354.55
Invoice Date Description Amount
1/8-1/21/22 02/08/2022 PARS CONTRIBUTION FOR 1/8-1/21/22 $4,354.55
24527 02/02/2022 CITY OF INDUSTRY-REFUSE $65,000.00
Invoice Date Description Amount
2/2/2022 02/02/2022 TRANSFER FUNDS TO REFUSE ACCOUNT
$65,000.00
Checks Status Count Transaction Amount
Total 4 $77,845.49
•
CITY OF INDUSTRY P.2
PROP A
February 24, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90367 02/16/2022 WALNUT VALLEY WATER DISTRICT $28.64
Invoice Date Description Amount
4243934 02/08/2022 01/01-01/31/22 SVC - PLATFORM METROLINK $28.64 90368 02/24/2022 INDUSTRY SECURITY SERVICES $4,745.60
Invoice Date Description Amount
14-26044 : 01/28/2022 SECURITY SVC-METROLINK $2,372.80
14-26063 02/04/2022 SECURITY SVC-METROLINK $2,372.80
90369 02/24/2022 JANUS PEST MANAGEMENT $65.00
Invoice Date Description Amount
244285 01/24/2022 PEST SVC-METROLINK $65.00
90370 02/24/2022 VALLEY VISTA SERVICES, ING $229.15
Invoice Date Description Amount
4718949 02/01/2022 DISP SVC-METROLINK $229.15
Checks Status Count Transaction Amount
Total 4 $5,068.39
CITY OF INDUSTRY P. 3
MEASURE W
February 24, 2022
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300001 02/24/2022 CNG ENGINEERING $1,662.50
Invoice Date Description Amount
504733 02/10/2022 2021 CLEANOUT OF STORWATER DEVICES $1,662.50 Check Status Count Transaction Amount
Total 1 $1,662.50
CITY OF INDUSTRY P. 4
WELLS FARGO REFUSE
February 24, 2022
Check Date Payee Name Check Amount
REFUSE - Refuse Account
80189 02/08/2022 VALLEY VISTA SERVICES, INC $137,959.99 Invoice Date Description Amount
2/8/2022 02/08/2022 REFUND-DEPOSIT RECEIVED BY COI ON BEHALF OF $137,959.99 Check Status Count Transaction Amount
Total 1 $137,959.99
CITY OF INDUSTRY P. 5
WELLS FARGO VOIDED CHECKS
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
76991 11/11/2021 - 02/10/2022 CINTAS CORPORATION LOC 693 ($146.34) Invoice Date Description Amount
VOIDED CHECK-NEVER RECEIVED
4099025561 10/18/2021 DOOR MATS ($73.17)
4099656284 10/25/2021 DOOR MATS: ($73.17)
77544 02/10/2022 02/10/2022 ARAMARK REFRESHMENT SERVICE, ($473.18) Invoice Date Description Amount
VOIDED CHECK-PAID INCORRECT AMOUNT
12159415 01/24/2022 COFFEE SVC & SUPPLIES ($57.72)
4964373 01/24/2022 COFFEE SVC & SUPPLIES ($57.72)
12124463 01/12/2022 SILVER WATER FILTERS (4) ($357.74)
Checks Status Count Transaction Amount
Total 2 ($619.52)
CITY OF INDUSTRY P. 6
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77610 02/10/2022 ARAMARK REFRESHMENT SERVICE, $415.46
Invoice Date Description Amount
12159415 01/24/2022 COFFEE SVC & SUPPLIES $57.72
12124463 01/12/2022 SILVER WATER FILTERS (4) $357.74
77611 02/10/2022 AT & T $9.20
Invoice Date Description Amount
2022-00001364 02/01/2022 02/01-02/28/22 SVC - CITY WHITE PAGES $9.20 77612 02/10/2022 AT & T $179.00
Invoice Date Description Amount
1537717605 01/23/2022 12/19-01/18/22 SVC - 600 S BREA CYN $179.00 77613 02/10/2022 FRONTIER $149.81
Invoice Date Description Amount
2022-00001363 02/02/2022 02/02-03/01/22 SVC - IH GOLF COURSE FUEL PUMP $149.81 77614 02/10/2022 INDUSTRY PUBLIC UTILITIES $492.96
Invoice Date Description Amount
2022-00001362 02/01/2022 11/16-01/19/22 SVC - VALLEY & 7TH (IRRI) $492.96 77615 02/10/2022 LA COUNTY REGISTRAR- $75.00
Invoice Date Description Amount
TPM 354 02/07/2022 FEE-NOTICE OF DETERMINATION FOR JN 9358 $75.00 77616 02/10/2022 SAN GABRIEL VALLEY WATER CO. $4,685.15 Invoice Date Description Amount
CITY OF INDUSTRY P. 7
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001365 01/24/2022 12/21-01/21/22 SVC - CROSSROADS PKY S $262.70 2022-00001366 01/24/2022 12/21-01/21/22 SVC - CROSSROADS PKY S $753.78 2022-00001367 01/24/2022 12/21-01/21/22 SVC - CROSSROADS PKY N $436.27 2022-00001368 01/24/2022 12/21-01/21/22 SVC - STA 129-00 CROSSROADS PKY N $297.51 2022-00001369 01/24/2022 12/21-01/21/22 SVC - STA 111-50 CROSSROADS PKY N $162.04 2022-00001370 01/24/2022 12/21-01/21/22 SVC - PELLISSIER $360.07 2022-00001371 01/24/2022 12/21-01/21/22 SVC - PELLISSIER $648.88 2022-00001372 01/24/2022 12/21-01/21/22 SVC - PECK/UNION PACIFIC B $423.57 2022-00001373 01/24/2022 12/21-01/21/22 SVC - S/E COR OF PELLISSIER $808.82 2022-00001374 01/24/2022 12/21-01/21/22 SVC - PELLISSIER $327.14 2022-00001387 01/24/2022 12/21-01/21/22 SVC - STA 103-80 CROSSROADS PKY S $204.37 77617 02/10/2022 SOCALGAS $57.07
Invoice Date Description Amount
2022-00001360 02/03/2022 12/31-02/01/22 SVC - 1015 NOGALES ST STE 101 $33.27 2022-00001361 02/03/2022 12/31-02/01/22 SVC - 710 NOGALES ST $23.80 77618 02/10/2022 SOUTHERN CALIFORNIA EDISON $69,451.66
Invoice Date Description Amount
2022-00001375 02/04/2022 12/07-02/03/22 SVC - VARIOUS SITES $59.57 2022-00001376 02/04/2022 01/06-02/03/22 SVC - 1135 HATCHER AVE $278.05 2022-00001377 02/02/2022 12/01-01/31/22 SVC - VARIOUS SITES $12,734.54 2022-00001378 02/02/2022 01/01-01/31/22 SVC - VARIOUS SITES $9,040.69 2022-00001379 02/02/2022 01/04-02/01/22 SVC - 15625 STAFFORD ST $5,364.09 2022-00001380 02/02/2022 01/01-01/31/22 SVC - 600 BREA CYN RD $363.10 2022-00001381 02/02/2022 01/01-01/31/22 SVC - VARIOUS $39,816.59 CITY OF INDUSTRY P. 8
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001382 02/02/2022 01/01-01/31/22 SVC - VARIOUS $186.65 2022-00001383 02/02/2022 01/01-01/31/22 SVC - NOGALES ST/SAN JOSE AVE $160.43 2022-00001384 02/02/2022 01/01-01/31/22 SVC - 1 VALLEY/AZUSA OL1 $24.48 2022-00001385 02/02/2022 01/01-01/31/22 SVC - 133 N AZUSA AVE $126.98 2022-00001386 02/04/2022 01/01-01/31/22 SVC - 600 S BREA CYN RD $17.78 2022-00001398 01/24/2022 04/05-12/31/21 SVC - 133 N AZUSA AVE $1,278.71 77619 02/10/2022 SUBURBAN WATER SYSTEMS $253.02
Invoice Date Description Amount
180012539236 02/01/2022 12/31-02/01/22 SVC - NE CNR VALLEY/STIMS $253.02 77620 02/10/2022 VERIZON WIRELESS - LA $1,623.16
Invoice Date Description Amount
9898219168 01/26/2022 12/27-01/26/22 SVC - VARIOUS WIRELESS SVC $1,623.16 77621 02/10/2022 CINTAS CORPORATION LOC 693 S146.34
Invoice Date Description Amount
4099025561 10/18/2021 DOOR MATS $73.17
4099656284 10/25/2021 DOOR MATS $73.17
77622 02/14/2022 SOUTHERN CALIFORNIA EDISON $4,340.00
Invoice Date Description Amount
SCE-SGIP20208787 02/11/2022 APP FEE FOR SGIP-INSTALL ENERGY STORING.SYS- $4,340.00 77623 02/16/2022 FRONTIER $1,041.22
Invoice Date Description Amount
CITY OF INDUSTRY P. 9
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001399 02/02/2022 02/02-03/01/22 SVC - 1015 NOGALES ST $66.49 2022-00001404 02/01/2022 02/01/-02/28/22 SVC - VARIOUS SITES $974.73 77624 02/16/2022 INDUȘTRY PUBLIC UTILITY $4,387.26
Invoice Date Description Amount
2022-00001421 02/09/2022 01/01-02/01/22 SVC - 600 BREA CYN RD $4,387.26 77625 02/16/2022 ROWLAND WATER DISTRICT $1,453.35
Invoice Date Description Amount
2022-00001423 01/26/2022 12/07-01/09/22 SVC - 18044 ROWLAND ST $43.32 2022-00001424 01/26/2022 12/07-01/09/22 SVC - 17401 E VALLEY BLVD $443.77 2022-00001425 01/26/2022 12/07-01/09/22 SVC - 930 S AZUSA AVE $430.72 2022-00001426 01/26/2022 12/07-01/09/22 SVC - AZUSA AVE - CENTER $64.14 2022-00001427 01/26/2022 12/07-01/09/22 SVC - AZUSA AVE $58.03 2022-00001428 01/26/2022 12/07-01/09/22 SVC - HURLEY ST & VALLEY BLVD $413.37 77626 02/16/2022 SAN GABRIEL VALLEY WATER CO. $939.70
Invoice Date Description Amount
2022-00001415 02/09/2022 01/07-02/08/22 SVC - 13756 VALLEY BLVD $220.77 2022-00001416 02/09/2022 01/07-02/08/22 SVC - 123 IRRIG WORKMAN MILL $281.45 2022-00001417 02/09/2022 01/07-02/08/22 SVC - 132 IRRIG PUENTE $437.48 77627 02/16/2022 SOCALGAS $2,048.17
Invoice Date Description Amount
2022-00001411 02/09/2022 01/06-02/07/22 SVC - 15625 MAYOR DAVE WAY APT A $320.26 2022-00001412 02/09/2022 01/06-02/07/22 SVC - 15625 MAYOR DAVE WAY APT B $15.78 2022-00001413 02/09/2022 01/06-02/07/22 SVG - 15651 MAYOR DAVE WAY $603.55 CITY OF INDUSTRY P. 10
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001414 02/09/2022 01/06-02/07/22 SVC - 15633 RAUSCH RD $969.04 2022-00001422 02/09/2022 01/06-02/07/22 SVC - 15718 RAUSCH RD $139.54 77628 02/16/2022 SOUTHERN CALIFORNIA EDISON $3,890.73
Invoice Date Description Amount
2022-00001400 02/04/2022 01/06-02/03/22 SVC - 1123 HATCHER AVE STE A $199.45 2022-00001401 02/03/2022 12/16-01/17122 SVC - VARIOUS SITES $3,394.46 :2022-00001418 02/10/2022 01/12-02/09/22 SVC - 490 S 7TH AVE $89.42 2022-00001419 02/09/2022 01/11-02/08/22 SVC - 575 BALDWIN PARK BLVD U $87.26 2022-00001420 02/09/2022 01/11-02/08/22 SVC - 122 N PUENTE AVE U1 $120.14 77629 02/16/2022 SPARKLETTS $219.21
Invoice Date Description Amount
21654939 021122 02/11/2022 WATER DELIVERY $219.21
77630 02/16/2022 THREE VALLEYS MUNICIPAL WATER $2,536.24 Invoice Date Description Amount
05990 01/31/2022 01/01-01/31/22 SVC - TONNER CYN $2,536.24 77631 02/16/2022 VERIZON BUSINESS $183.58
Invoice Date Description Amount
63949921 02/10/2022 01/01-01/31/22 SVC - VARIOUS SITES $46.49 63949922 02/10/2022 01/01-01/31/22 SVC - VARIOUS SITES $137.09 77632 02/24/2022 ACORN TECHNOLOGY SERVICES $17,850.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 11
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
95482 02/01/2022 NETWORK MAINT-FEB 2022 $17,850.00
77633 02/24/2022 AMAZON WEB SERVICES, ING $6,763.89
Invoice Date Description Amount
960323897 02/03/2022 AWS SERVICE-JAN 2022 $6,763.89
77634 02/24/2022 AMOS ALLIANCE GROUP $3,097.48
Invoice Date Description Amount
2/14/2022 02/14/2022 COVID-19 REIMBURSEMENT-OUTDOOR ASSISTANCE $3,097.48 77635 02/24/2022 ANDRUES/PODBERESKY, APLC $14,300.00
Invoice Date Description Amount
02881 02/04/2022 LEGAL SVC-JAN 2022 $14,300.00
77636 02/24/2022 ANNEALTA GROUP $104,225.25
Invoice Date Description Amount
2273 02/15/2022 GENERAL DEV SVC-JAN 2021 $36,834.00
2274 02/15/2022 GENERAL PLANNING SVC-JAN 2022 $39,415.00 2280 02/15/2022 CASTLETON RD & WALNUT RD $1,100.00
2276 02/15/2022 2190 PELLISIER PLACE $42.50
2277 02/15/2022 23020 GRAND CROSSING PKY $400.00
2279 02/15/2022 999 HATCHER $372.50
2275 02/15/2022 1600 AZUSA AVE $250.00
2278 02/15/2022 2500 PELLISIER PLACE $100.00
2271 . 02/15/2022 PUBLIC WORKS SUPPORT-JAN 2022 $1,400.00 2272 02/15/2022 STORMWATER COMPLIANCE-JAN 2022 $24,311.25 CITY OF INDUSTRY P. 12
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77637 02/24/2022 BCM CUSTOMER SERVICE, INC. $2,152.50
Invoice Date Description Amount
322091 02/01/2022 A/C MAINT-EL ENCANTO $2,152.50
77638 02/24/2022 CAL-STATE SITE SERVICES $249.76
Invoice Date Description Amount
209712 02/06/2022 PORTABLE RR RENTAL-EL ENCANTO (COVID 19) $249.76 77639 02/24/2022 CASSO & SPARKS, LLP $162,368.74
Invoice Date Description Amount
20598 02/14/2022 SA-LEGAL SVG FOR MAY-DEC 2021 $11,077.50 20596 02/14/2022 COI-LEGAL SVC FOR DEC 2021 $151,291.24 77640 02/24/2022 CELEBRATION HOLIDAY STUDIO $12,213.63
Invoice Date Description Amount
01282022 01/28/2022 30x96 VINYL BANNERS (66) $12,213.63 77641 02/24/2022 CINTAS CORPORATION LOC 693 $421.17
Invoice Date Description Amount
4109880064 02/07/2022 DOOR MATS $73.17
4109189644 01/31/2022 DOOR MATS $274.83
4109194125 01/31/2022 DOOR MATS $73.17
77642 02124/2022 CITY OF INDUSTRY-PAYROLL ACCT $130,000.00 Invoice Date Description Amount
CITY OF INDUSTRY P. 13
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
PR P/E 2/4/22 02/16/2022 REPLENISH PAYROLL FOR P/E 214/22 $130,000.00 77643 02/24/2022 CNC ENGINEERING $187,237.71
Invoice Date Description Amount
504677 02/10/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $2,600.00 504678 02/10/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $430.00 504679 02/10/2022 CITYWIDE SIGNAGE UPDATE $1,187.50
504680 02/10/2022 SITE PLAN FOR SHERIFF TRAILER $1,197.36 504681 02/10/2022 EL ENCANTO IMPROVEMENTS $630.00
504682 02/10/2022 FOUR GRADE SEPARATION PUMP STATIONS $2,990.00 504683 02/10/2022 GALE AVE REALIGNMENT $1,275.00
504684 02/10/2022 RESURFACING OF DON JULIAN RD $1,620.00 504685 02/10/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $1,500.00 504686 02/10/2022 GENERAL ENG SVC-COUNTER SERVICE $471.25 504687 02/10/2022 GENERAL ENG-15010 DON JULIAN RD $700.00 504688 02/10/2022 GENERAL ENG 1/24-2/6/22 $3,317.50
504689 02/10/2022 GENERAL ENG SVC-TRAFFIC $1,400.00
504690 02/10/2022 GENERAL ENG SVC-PLAN APPROVAL $7,777.50 504691 02/10/2022 GENERAL ENG SVC-PERMITS $24,130.00
504692 02/10/2022 ARENTH AVE STREET IMPROVEMENT $6,160.00 504693 02/10/2022 RESURFACING VALLEY BLVD $10,207.50
504694 02/10/2022 GENERAL ENG 1/24-2/6/22 $81,645.00
504695 02/10/2022 NDES STORM WATER $3,592.50
504696 02/10/2022 TONNER CYN PROPERTY $1,315.00
504697 02/10/2022 REPLACEMENT OF STEEL WATERLINE-BREA CREEK $3,345.00 504698 02/10/2022 CHINO RANCH #1 DAM RENOVATION $700.00 CITY OF INDUSTRY P. 14
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
504699 02/10/2022 CITY HALL MAINT $4,100.00
504700 02/10/2022 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $539.10 504701 02/10/2022 HOMESTEAD MUSEUM IMPROVEMENTS $845.00 504702 02/10/2022 STIMSON AVE CROSSING $8,200.00
504703 02/10/2022 SHERIFF TRAILER IMPROVEMENT $105.00
504704 02/10/2022 METROLINK OPERATION AND MAINT $4,630.00 504705 02/10/2022 EL ENCANTO IMPROVEMENTS $375.00
504706 02/10/2022 EL ENCANTO BOILER REPLACEMENT $1,260.00 504707 02/10/2022 SAN JOSE AVE RECONSTRUCTION $8,992.50 77644 02124/2022 CNC ENGINEERING $90,405.00
Invoice Date Description Amount
504708 02/10/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $340.00 504709 02/10/2022 605 FWY AND VALLEY BLVD INTERCHANGE $600.00 504710 02/10/2022 HIGHWAY BRIDGE PROGRAM FUNDING $5,781.25 504712 02/10/2022 AZUSA AVE BRIDGE REPAINTING $300.00
504713 02/10/2022 FISCAL YEAR BUDGET $7,225.00
504714 02/10/2022. ROWLAND ST RECONSTRUCTION $108.75
504715 02/10/2022 BIXBY DR PCC PAVEMENT $400.00
504716 02/10/2022 FOLLOW'S CAMP PROPERTY $1,155.00
504717 02/10/2022 FOLLOW'S CAMP DEMOLITION $2,040.00
504718 02/10/2022 VARIOUS ASSIGNMENTS RELATED TO SA $220.00 504719 02/10/2022 NELSON AVE INTERSECTION $760.00
504720 02/10/2022 CARTEGRAPH MGMT $20,460.00
504721 02/10/2022 CATCH BASIN RETROFITS $3,135.00
504722 02/10/2022 HOMESTEAD MUSEUM UPGRADES $1,050.00
CITY OF INDUSTRY P. 15
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
504723 02/10/2022 GRAND AVE RECONSTRUCTION $3,542.50
504724 02/10/2022 CITYWIDE STREET LIGHT LED UPGRADES $4,292.50 504725 02/10/2022 ANNUAL PAVEMENT REHABILITATION $210.00 504726 02/10/2022 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $637.50 504727 02/10/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $550.00 504728 02/10/2022 RAUSCH RD SIDEWALK AND PARKING LOT $2,238.75 504729 02/10/2022 GALE AVE RESURFACING $10,940.00
504730 02/10/2022 ANNUAL PAVEMENT REHABILITATION 22 $16,483.75 504731 02/10/2022 ANNUAL SLURRY SEAL FY 21/22 $5,425.00 504732 02/10/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $145.00 504734 02/10/2022 SNOW CREEK STORM DRAIN $200.00
504735 02/10/2022 SR57/60 CONFLUENCE PROJ $200.00
504736 02/10/2022 GRAND AVE NE WIDENING OVER SAN JOSE CREEK $600.00 504737 02/10/2022 ALAMEDA CORRIDOR EAST RELATED PROJECTS $840.00 504711 02/10/2022 BRIDGE REHABILITATION-VALLEY BLVD $525.00 77645 02/24/2022 CONCENTRA-OCCUPATIONAL $148.50
Invoice Date Description Amount
74268201 01/27/2022 MEDICAL REPORTS $148.50
77646 02/24/2022 CONSOLIDATED ELECTRICAL $788.40
Invoice Date Description Amount
3301-1005889 01/24/2022 REPLACE PANEL LIGHTS-CITY HALL $788.40 77647 02/24/2022 CORELOGIC INFORMATION $192.50
Invoice Date Description Amount
82117634 01/31/2022 GEOGRAPHIC PKG-JAN 2022 $192.50
CITY OF INDUSTRY P. 16
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77648 02/24/2022 COUNTY OF LA - DEPT OF $13,244.80
Invoice Date Description Amount
221112A 01/20/2022 WEED ABATEMENT-VARIOUS ROADWAYS $5,376.54 221111A 02/19/2022 WEED ABATEMENT-TONNER CYN (FIRESTONE CAMP) $7,868.26 77649 02/24/2022 DE SALES & SERVICE $5,106.00
Invoice Date Description Amount
15460 02/03/2022 REPLACE GAS VALVE ON BOILER #2-EL ENCANTO $5,106.00 77650 02/24/2022 DEPT OF TRANSPORTATION $2,332.48
Invoice Date Description Amount
SL220777 01/21/2022 MAINT OF SIGNAL AND LIGHTS, OCT-DEC 2021 $2,332.48 77651 02/24/2022 DIRECTV - FOR BUSINESS $87.25
Invoice Date Description Amount
034740128X220131 01/31/2022 TV ACCESS FEE $87.25
77652 02/24/2022 EGOSCUE LAW GROUP, INC. $1,500.00
Invoice Date Description Amount
13370 02/02/2022 LEGAL SVC-FOLLOW'S CAMP $1,500.00
77653 02/24/2022 ET WATER SYSTEMS, INC $717.00
Invoice Date Description Amount
38124 03/26/2021 IRRIGATION FOR BAKER PKY 6126121-6/26/22 $717.00 CITY OF INDUSTRY P. 17
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77654 02/24/2022 EXCEL PAVING COMPANY $11,590.00
Invoice Date Description Amount
#10CITY-1460 02/01/2022 ARENTH AVE STREET IMPROVEMENTS $12,200.00 77655 02/24/2022 FEDERAL EXPRESS CORP. $47.56
Invoice Date Description Amount
7-636-61196 01/21/2022 MESSENGER SVC $47.56
77656 02/24/2022 FIRST AMERICAN DATA TREE, LLC $1,000.00 Invoice Date Description Amount
20088320122 01/31/2022 PROPERTY DATA INFORMATION-JAN 2022 $200.00 20088321021 10/31/2021 •PROPERTY DATA INFORMATION-OCT 2021 $200.00 20088321121 11/30/2021 PROPERTY DATA INFORMATION-NOV 2021 $200.00 20088320920 09/30/2020 PROPERTY DATA INFORMATION-SEP 2020 $200.00 20088320421 04/30/2021 PROPERTY DATA INFORMATION-APR 2021 $200.00 77657 02/24/2022 GARCIA'S FENCE CORP $2,800.00
Invoice Date Description Amount
22209 02/04/2022 REPAIR FENCE AND GATE-INDUSTRY HILLS PKY $2,800.00 77658 02/24/2022 GENTRY BROTHERS, INC. $185,211.30
Invoice Date Description Amount
#5CITY-1434 02/01/2022 RESURFACING DON JULIAN RD $194,959.27 77659 02/24/2022 GMS ELEVATOR SERVICES, INC $145.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 18
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
109101 02/01/2022 ELEVATOR MAINT-CITY HALL $145.00
77660 02/24/2022 GRAND CENTRAL RECYCLING & $2,243.93
Invoice Date Description Amount
4697329 12/31/2021 SOLID WASTE-CITY HALL $1,404.29
4720815 01/31/2022 SOLID WASTE-CITY HALL $839.64
77661 02/24/2022 HADDICK'S TOWNING INC. $3,008.22
Invoice Date Description Amount
H-94326 02/02/2022 TOWING SVC-LIC 1534752 $100.00
241458 12/10/2021 REPAIRS AND SMOG TEST-LIC 1465797 $229.00 94124 01/27/2022 TOWING AND NEW BATTERY-LIC 1429339 $410.71 241456 12/02/2021 REPAIRS AND SMOG TEST-LIC 1429339 $229.00 241459 12/14/2021 REPAIRS AND SMOG TEST-LIC 7PKU703 $650.93 241461 12/16/2021 REPAIRS AND SMOG TEST-LIC 1379549 $659.58 241462 12/22/2021 REPAIRS AND SMOG TEST-LIC 1429347 $229.00 241463 12/29/2021 SMOG REPORTS $500.00
77662 02/24/2022 HDL COREN & CONE $2,672.68
Invoice Date Description Amount
SIN014376 02/01/2022 CONTRACT SVC-PROP TAX (JAN-MAR 2022) $2,672.68 77663 02/24/2022 HINDERLITER, DE LLAMAS AND $57,337.94
Invoice Date Description Amount
SIN014535 02/01/2022 AUDIT SVC-SALES TAX THIRD QTR $57,337.94 CITY OF INDUSTRY P. 19
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77664 02/24/2022 HISTORICAL RESOURCES, INC. $45,012.56
Invoice Date Description Amount
CO12022-9 02/10/2022 ADMIN & MGMT SVC-HOMESTEAD $45,012.56 77665 02/24/2022 HOME DEPOT CREDIT SVC - DEPT 32- $327.71 Invoice Date Description Amount
9973550 07/22/2021 CREDIT FOR RETURN-WHITE 4 POINT RATCHET ($55.75) 3182634 07/28/2021 CREDIT FOR DAMAGED TUBE LIGHTS ($68.61) 1902917 12/07/2021 RETURNED PATIO HEATER-HOMESTEAD ($555.17) 1902908 12/07/2021 PATIO HEATER-HOMESTEAD $555.17
1570122 01/06/2022 MISC SUPPLIES-CITY HALL $22.78
1555298 01/06/2022 MISC SUPPLIES-CITY HALL $15.37
2904827 01/05/2022 PATIO HEATER-CITY HALL $413.92
77666 02/24/2022 INDUSTRY BUSINESS COUNCIL $73,503.40
Invoice Date Description Amount
NOVEMBER 2021 02/07/2022 EXPENSE REIMBURSEMENT-NOV 2021 $73,503.40 77667 02/24/2022 INDUSTRY SECURITY SERVICES $57,891.85
Invoice Date Description Amount
14-26034 01/28/2022 SECURITY SVC 1/21-1/27122 $9,626.20 14-26037 01/28/2022 SECURITY SVC-VARIOUS CITY SITES $19,620.09 14-26056 02/04/2022 SECURITY SVO-VARIOUS CITY SITES $19,360.57 14-26053 02/04/2022 SECURITY SVC 1/28-2/3/22 • $9,284.99 77668 02/24/2022 INTERIOR IMAGES, INC. $17,092.80
CITY OF INDUSTRY P: 20
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
3064 02/01/2022 INTERIOR DESIGN-EL ENCANTO FACILITY $12,426.00 3058 02/01/2022 INTERIOR DESIGN-IBC $4,666.80
77669 02/24/2022 JANUS PEST MANAGEMENT $4,174.00
Invoice Date Description Amount
244236 02/08/2022 PEST SVC-TONNER CYN $441.00
244501 02/08/2022 PEST SVC/MOSQUITO TRAP-CITY HALL $405.00 244324 02/08/2022 RODENT SVC-CHESTNUT ST $896.00
244381 01/09/2022 RODENT SVC-IBC EAST (LANDFILL) $733.00 244315 01/19/2022 PEST SVC-IBC WEST (OLD BREA CYN) $168.00 244243 01/14/2022 PEST SVC-IBC $145.00
244640 02/01/2022 PEST SVC-HOMESTEAD $600.00
244326 02/08/2022 RODENT SVC-HELIPAD PARKING LOT $486.00 244328 02/08/2022 RODENT SVC-HELIPAD $300.00
77670 02/24/2022 JMDiaz, Inc. $4,010.00
Invoice Date Description Amount
059 (22-014) 02/08/2022 STAFF AUGMENTATION 1/1-1/13/22 $4,010.00 77671 02/24/2022 KEENAN AND ASSOCIATES $4,536.81
Invoice Date Description Amount
268976 01/28/2022 PREMIUM-STORAGE TANKS $4,536.81
77672 02/24/2022 L A COUNTY DEPT OF PUBLIC $47,619.49
Invoice Date Description Amount
CITY OF INDUSTRY P. 21
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
IN220000546 01/27/2022 BLDG & SAFETY-ONE STOP SHOP FOR NOV 2021 $47,619.49 77673 02/24/2022 L A COUNTY REGISTRAR- $75.00
Invoice Date Description Amount
2/8/2022 02/08/2022 FEE-NOTICE OF EXEMPTION CITY-1477 $75.00 77674 02/24/2022 LA COUNTY SHERIFF'S $47,029.63
Invoice Date Description Amount
221801AL 01/26/2022 HELICOPTER SVC-DEC 2021 $1,006.74
221816AL 01/26/2022 SPECIAL EVENT-DIRECTED PATROL $46,022.89 77675 02/24/2022 LEIGHTON CONSULTING INC $7,812.80
Invoice Date Description Amount
48973 01/31/2022 TESTING/INSPECTIONS-CHESTNUT/HATCHER AVE $7,812.80 77676 02/24/2022 LOS ANGELES ENGINEERING, INC. $951,976.83 Invoice Date Description Amount
#21GGS-0387-1 02/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $112,500.87 #21GGS-0387-2 02/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $794,580.00 #21GGS-0387-3 02/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $59,000.00 #21GGS-0387-4 02/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $36,000.00 77677 02124/2022 BANNER BANK $50,104.04
Invoice Date Description Amount
#21GGS-0387-1-R 02/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $5,625.04 #21GGS-0387-2-R 02/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $39,729.00 #21GS-0387-3-R 02/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $2,950.00 #21GGS-0387-4R 02/01/2022 •RETENTION-GRAND AVE/GOLDEN SPRINGS $1,800.00 CITY OF INDUSTRY P. 22
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77678 02/24/2022 MEGAN'S WINGS $1,000.00
Invoice Date Description Amount
2/15/2022 02/15/2022 ANNUAL SPONSORSHIP-ST PATRICK'S TIP THE $1,000.00 77679 02/24/2022 MERRITT'S ACE HARDWARE $103.29
Invoice Date Description Amount
126330 01/28/2021 LED BULBS-CITY HALL $65.93
126405 01/04/2022 MISC SUPPLIES-CITY HALL $37.36
77680 02/24/2022 MONSIDO INC $5,250.00
Invoice Date Description Amount
INV-22148 02/09/2022 WEB GOVERNANCE SUITE SVC-CITY WEBSITE $5,250.00 77681 02/24/2022 MR PLANT & INTERIOR BOTANICAL $1,423.23 Invoice Date Description Amount
FEB 17755 02/01/2022 PLANT MAINT-FEB 2022 (7) EXTRA PLANTS $1,423.23 77682 02/24/2022 MUNI-ENVIRONMENTAL, LLC $28,616.25
Invoice Date Description Amount
22-004 02/04/2022 COMMERCIAL WASTE PROGRAM $28,616.25
77683 02/24/2022 MX GRAPHICS, INC. $487.28
Invoice Date Description Amount
24928 01/2712022 MICROFICHE SCAN $487.28
CITY OF INDUSTRY P. 23
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77684 02/24/2022 NINYO & MOORE GEOTECHNICAL $23,682.75
Invoice Date Description Amount
257894 02/10/2022 GEO SVC-VALLEY BLVD RESURFACING $23,682.75 77685 02/24/2022 OCEAN BLUE ENVIRONMENTAL $8,935.68
Invoice Date Description Amount
36186 . 02/03/2022 HAZARDOUS WASTE REMOVAL-JAN 2022 $8,935.68 77686 02/24/2022 PACIFIC UTILITY INSTALLATION $6,381.00 Invoice Date Description Amount
25263 01/31/2022 ACCIDENT-13264 CROSSROADS PKY $3,190.50 25262 01/31/2022 ACCIDENT-13181 CROSSROADS PKY $3,190.50 77687 02/24/2022 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 Invoice Date Description Amount
035 02/11/2022 FEDERAL ADVOCACY-JAN 2022 $5,000.00
77688 02/24/2022 RICOH USA, INC. $3,509.49
Invoice Date Description Amount
75336868 02/06/2022 COPIER LEASE-VARIOUS $858.73
75323506 02/06/2022 COPIER LEASE-VARIOUS $2,650.76
77689 02/24/2022 ROBINSON'S FLOWERS $324.50
Invoice Date Description Amount
3433 02/01/2022 FLOWERS AND DELIVERY $324.50
CITY OF INDUSTRY P. 24
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77690 02/24/2022 SAN GABRIEL VALLEY NEWSPAPER $518.00
Invoice Date Description Amount
0011515050 01/28/2022 ACCT #5007735 - NOTICE OF PUBLIC HEARING-17638 $518.00 77691 02/24/2022 SC FUELS $33,131.85
Invoice Date Description Amount
4888358 02/02/2022 REGULAR FUEL-INDUSTRY HILLS PUMPS $33,131.85 77692 02/24/2022 SCS FIELD SERVICES $16,047.00
Invoice Date Description Amount
0426927 01/31/2022 INDUSTRY HILLS-LANDFILL GAS SYSTEM $16,047.00 77693 02/24/2022 STAPLES BUSINESS ADVANTAGE $949.35
Invoice Date Description Amount
8065064506 01/29/2022 OFFICE SUPPLIES $706.29
8064979416 01/22/2022 OFFICE SUPPLIES $243.06
77694 02/24/2022 STATE COMPENSATION INSURANCE $1,547.91 Invoice Date Description Amount
1000313958 02/01/2022 WORKERS COMP PREMIUM FOR FEBRUARY 2022 $1,547.91 77695 02/24/2022 SUPERIOR COURT OF CA-LA $5,957.50
Invoice Date Description Amount
JANUARY 2022 02/08/2022 PARKING CITATIONS REPORT-JAN 2022 $5,957.50 77696 02/24/2022 THE BIG NORWEGIAN $1,319.32
Invoice Date Description Amount
CITY OF INDUSTRY P. 25
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
56754 02/07/2022 REPAIR 2006 VERMER BC1400-HATCHER $1,319.32 77697 02/24/2022 THE TECHNOLOGY DEPOT $8,565.59
Invoice Date Description Amount
18096 02/04/2022 NETWORK MAINT $1,961.88
18041 02/01/2022 PLATINUM CYBER PROTECTION-MAR 222 $707.55. 18036 02/01/2022 CLOUD CONNECT UNAAS-MAR 2022 $727.23
18044 02/01/2022 VITA KASEYA-MAR 2022 $535.35
18042 02/01/2022 CLOUD CONNECT-SHERIFF'S BLDG $287.25
18037 02/01/2022 CLOUD CONNECT. VIRTUAL-MAR 2021 $1,742.33 108039 02/01/2022 ADD'L DELL SVC-MAR 2022 $2,187.00
17981 02/01/2022 VEEAM DESKTOP/LAPTOP BACKUP-FEB 2022 $417.00 77698 02/24/2022 TPX COMMUNICATIONS $4,257.33
Invoice Date Description Amount
152857950-0 01/31/2022 INTERNET SVC-CITY HALL/METRO SOLAR $4,257.33 77699 02/24/2022 TPX COMMUNICATIONS $2,272.12
Invoice Date Description Amount
152797694-0 01/31/2022 TEL/INTERNET-HOMESTEAD $2,272.12 77700 02/24/2022 TRC ENGINEERS, INC. $410.00
Invoice Date Description Amount
35670 01/17/2022 GEO SVC-FOLLOW'S CAMP BRIDGE REPLACEMENT $410.00 77701 02/24/2022 TRIMARK ASSOCIATES, INC. $1,726.67
CITY OF INDUSTRY P. 26
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
INV2022-00096 02/01/2022 MAINT SVC-METRO SOLAR $1,726.67 77702 02/24/2022 TURBO DATA SYSTEMS, ING $398.33
Invoice Date Description Amount
36836 01/31/2022 CITATION PROCESSING-DEC 2021/JAN 2022 $398.33 77703 02/24/2022 VALLEY VISTA SERVICES, INC $7,858.73
Invoice Date Description Amount
4718896 02/01/2022 DISP SVC-15660 STAFFORD (YAL) $137.74 4718771 02/01/2022 DISP SVC-GRAND AVE AND INDUSTRY WAY $2,695.35 4719093 02/01/2022 DISP SVC-205 N HUDSON AVE $229.15
4719306 02/01/2022 DISP SVC-CITY BUS STOPS $4,796.49
77704 02124/2022 VANGUARD CLEANING SYSTEMS, $937.50
Invoice Date Description Amount
107889 02/01/2022 JANITORIAL SVC-HOMESTEAD FEB 2022 $937.50 77705 02124/2022 WEATHERITE SERVICE $3,439.00
Invoice Date Description Amount
L194163 01/28/2022 HAVC REAPIRS-IBC $3,439.00
77706 02/24/2022 WELLS FARGO $4,180.64
Invoice Date Description Amount
1/3-2/3/22 02/03/2022 CREDIT CARD EXPENSE P/E 2/3/22
$4,180.64
CITY OF INDUSTRY P. 27
WELLS FARGO BANK
February 24, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
77707 02/24/2022 WEST COAST ARBORISTS, INC. $2,780.00
Invoice Date Description Amount
181950 01/31/2022 GPS TREE INVENTORY $2,780.00
77708 02/24/2022 WILLDAN ENGINEERING $3,062.50
Invoice Date Description Amount
00622443 01/25/2022 ENG SVC-NELSON/PUENTE AVE $3,062.50 77709 02/24/2022 WKE, INC $4,347.00
Invoice Date Description Amount
1200405121 01/28/2022 GRAND AVE NB WIDENING OVER SAN JOSE CREEK $4,347.00 Checks Status Count Transaction Amount
Total. 100 $2,619,622.71
CITY COUNCIL
ITEM NO. 5.2
SAT OF MOUSERY
CITY OF INDUSTRY
1957 *
Incorporated June 18, 1957
SERIES BANA
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager ON
STAFF: Yamini Pathak, Director of Finance YP
DATE: February 24, 2022
SUBJECT: Presentation of the FY 2021-22 Mid-Year Budget Report and Consideration of Resolution No. CC 2022-09, approving and adopting the City's Fiscal Year 2021-22 Proposed Mid-Year Budget Amendments, and Fiscal Year 2021-22 Proposed Mid-Year Budget Amendments for the Capital Improvement Program Budget
BACKGROUND:
On June 24, 2021, the City Council ("Council") adopted the City's FY 2021-22 ("FY 22") Operating Budget for its General Fund and all its other funds and affiliated entities.
Throughout the fiscal year, unanticipated revenues and expenditures arise that potentially impact the adopted budget and require budget amendments.
DISCUSSION:
On June 24, 2021, the City Council adopted the City's FY 22 General Fund Operating Budget expenditures of $51.1 million. Subsequent approved budget amendments to date increased the expenditures to $52.5 million, supported by $56.4 million in revenues. Since the budget adoption, there have been changes to the budget.
The FY 22 mid-year update will discuss the changes to revenue and expenditures through the halfway point of the year, and provide an overview of the FY 22 proposed budget amendments.
15625 Mayor Dave Way. • City of Industry, CA 91744 0366• (626) 333-2211 • FAX (626) 961-6795 Mid-Year 2021-22 Budget Update
February 24, 2022
Revenues:
• General Fund - The City Council adopted an FY 21-22 Operating Budget revenues of $56.4 million for the General Fund. The proposed mid-year budget amendments reflect an increase in General Fund revenues by $2.3 million. The adopted budget projected lower income for franchises, building permits and reimbursements for the 57/60 freeway confluence project. The budget for franchises is increased to include revenues from Southern California Edison franchise payments. The budget for building permits is also increased to account for revenues received from new construction at Grand Avenue. Some of these increases are offset by a decrease in projected solar energy sales due to ongoing work at the Metrolink Station, as well as lease revenue decrease from 2010 refunding bond, fully paid in FY 2020-21. • Special Revenue Fund - CARB Fund - The proposed budget includes additional $185,000 in revenue received from CARB.
Expenditures:
• General Fund - The City Council adopted an FY 21-22 Operating Budget expenditures of $52.5 million for the General Fund. The proposed mid-year budget amendments reflect a decrease in General Fund expenditures by $256,900.00. The decrease is mainly due to an overall reduction in City manager expenditures, offset by increases in central services, habitat and open space, and streets and roads expenditures.
• Special Revenue Fund - PROP A - The proposed mid-year budget includes an increase of $45,000.00 for planning, survey and design expenditures for various projects.
• IPHMA - The reduction in expenditures of $20,000.00 for IPHMA is primarily due to overall cost decreases for professional services, offset by a slight increase in insurance and bonding expenditures.
• IPUC Electric - The proposed overall decrease of $43,200.00 in City's Electric and Water Enterprise Funds is due to the reduction of $75,000.00 in IPUC Electric expenditures for computer services and energy rebates, and an increase of $31,800.00 in overall expenditures for IPUC Reclaimed Water. • CRIA - The proposed increase of $15,900.00 in the CRIA Fund is due to increase in general insurance and bonding expenditures.
• Capital Improvement Program - In June 2021, the City Council adopted a Capital Improvement Program ("CIP)" budget of $50.9 million, with additional budget amendments to date increasing it to $51.4 million. The proposed CIP mid-year budget amendments will decrease the CIP budget by $415,000 as some projects have decreased while others have increased.
Mid-Year 2021-22 Budget Update
February 24, 2022
FISCAL IMPACT:
By approving the FY 22 Proposed Budget Amendments, the net effect on the City's General Operating Budget will result in an increase in revenues by $2,486, 100.00 and a decrease in expenditures of $674,200.00, including a decrease of $415,000.00 in the Capital Improvement Program, resulting in a net increase of the City-wide budget by $3, 160, 300.00.
Transfers In/Out will increase by $4, 100.00.
RECOMMENDED ACTION:
Staff recommends that the City Council receive and file the FY 22 Mid-Year Budget Report, and adopt Resolution No. CC 2022-09, approving the Proposed FY 22 Mid-Year Budget Amendments.
ATTACHMENTS:
1. Resolution CC 2022-09: Resolution Approving and Adopting FY 2021-22 Proposed Mid-Year Budget Amendments
2. Exhibit A-Projected Fund Balances Fiscal Year 2021-2022
3. Exhibit B- Projected Fund Balances and Mid-Year Budget Changes
4. Exhibit C-Revenue/Expenditure Summary
5. Exhibit D-Revenue/Expenditure Detail
6. Exhibit E-Transfer Schedule
7. Exhibit F-Capital Improvements Projects Detail
RESOLUTION NO. CC 2022-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, APPROVING AND ADOPTING THE CITY'S FISCAL YEAR 2021-22 PROPOSED MID-YEAR BUDGET ADJUSTMENTS, AND
FISCAL YEAR 2021-22 PROPOSED MID-YEAR BUDGET
ADJUSTMENTS FOR THE CAPITAL IMPROVEMENT PROGRAM
BUDGET
WHEREAS, On June 24, 2021, the City Council ("Council") adopted the City's FY 2021-2022 ("FY 22") Operating Budget for its General Fund, and all its other funds and affiliated entities; and
WHEREAS, throughout a fiscal year, unanticipated revenues and expenditures may arise that could potentially impact the adopted budget and require budget amendments; and
WHEREAS, on February 24, 2022, the FY 22 Mid-Year Budget Report was presented to the Council and provided an update on the City's fiscal performance through the mid-point of the fiscal year, from July 1, 2021, through December 31, 2021, comparing all revenues and expenditures to the same period in the prior fiscal year and against adopted budget levels; and
WHEREAS, the FY 22 Mid-Year Budget Report also presented an overview of the FY 22 Mid-Year Budget Amendments for Council's consideration to approve and amend the FY 22 Adopted Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council received a presentation on the FY 2021-22 Mid- Year Budget Report and hereby receives and files same.
Section 3. The City Council hereby approves the FY 22 Mid-Year Budget Amendments, attached hereto as Exhibit A, and incorporated herein by reference.
Section 4. The City Council hereby authorizes the City Manager, or his designee, to make the appropriate changes and budget amendments in the City's Financial System.
Section 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
Section 6. The City Clerk shall certify to the adoption of this Resolution, and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry, at a regular meeting held on February 24, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:
Julie Gutierrez-Robles, City Clerk
2 EXHIBIT A
Projected Fund Balance Fiscal Year 2021-2022
(Attached)
CITY OF INDUSTRY
PROJECTED FUND BALANCES
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
Exhibit A
PROPOSED MID YEAR PROPOSED MID YEAR PROPOSED MID-YEAR PROPOSED MID- PROJECTED FUND FUND BALANCE AMENDED REVENUE AMENDED AMENDED TRANSFERS YEAR AMENDED BALANCE JUNE 30, JUNE 30, 2021 BUDGET EXPENDITURES BUDGET IN TRANSFERS OUT 2022
GENERAL FUND
100 OPERATIONS 705,964,773.00 58,748,900.00 (52,257,567.00) 3,109.600.00 (36,842,200.00) 678,723,506.00 705,964,773.00 58,748,900.00 (52,257,567.00) 3,109,600.00 (36,842,200.00) 678,723,506.00
SPECIAL REVENUE FUNDS
101 STATE GAS TAX 7,230.00 26,000.00 (26,000.00) 7,230.00 102 MEASURER 6,000.00 (6,000.00) :
103 PROP A 274,037.00 26,000.00 (299,000.00) 1,037.00
104 PROP ( 8,910.00 8,000.00 (8,000.00) 8,910.00
105 AIR QUALITY 472.00 - 472.00
106 MEASURE M 7,000.00 (7,000.00)
107 MEASURE W 676,271.00 1,600,000.00 (1,020,000.00) 1,256,271.00 165 CITY ELECTRIC - CARB 460,473.00 335,000.00 (550,000.00) 245,473.00 1,427,393.00 2,008,000.00 (1,916,000.00) 1,519,393.00
ENTERPRISE FUNDS
160 IPHMA 10,407,603.00 175,100.00 (670,800.00) 541,700.00 (20,000.00) 10,433,603.00 161 CITY ELECTRIC 18,829,696.00 4,713,000.00 (4,390,600.00) 19,152,096.00 360 CRIA 112,857.00 1,000.00 (1,193,800.00) 4,035,500.00 (1,797,400.00) 1,158,157.00 361 EXPO CENTER 4,801,593.00 8,500.00 (1,487,000.00) 1,797,400.00 5,120,493.00 560 IPUC - RECLAIMED WATER 9,965,664.00 1,347,000.00 (458,800.00) 10,853,864.00 561 IPUC - POTABLE WATER 1,210,620.00 2,351,400.00 (2,351,400.00) 1,210,620.00 45,328,033.00 8,596,000.00 (10,552,400.00) 6,374,500.00 (1,817,400.00) 47,928,833.00
CAPITAL IMPROVEMENTS FUND
120 CAPITAL IMPROVEMENTS FUND-CITY 129,815,704.00 810,000.00 (38,956,937.00) 91,668,767.00 121 CAPITAL IMPROVEMENTS FUND-CRIA (7,503,894.00) (7,503,894.00) 122 CAPITAL IMPROVEMENTS FUND-IPUC ELECTRIC : (1,955,000.00) (1,955,000.00) 123 CAPITAL IMPROVEMENTS FUND-IPUC WATER (1,545,000.00) (1,545,000.00) 124 CAPITAL IMPROVEMENTS FUND-IPHMA 1,000,000.00 1,000,000.00 129,815,704.00 810,000.00 (48,960,831.00) 91,668,767.00
FIDUCIARY FUNDS
145 ASSESSMENT DISTRICT 91-1 1,319,803.00 15,000.00 (510,800.00) 824,003.00 1,319,803.00 15,000.00 (510,800.00) 824,003.00
DEBT SERVICE
135 TAX OVERRIDE 1,898,446.00 44,649,100.00 (44,649,000.00) 1,898,546.00 140 CITY OF INDUSTRY 75,014,427.00 11,241,000.00 (36,568,600.00) 32,285,000.00 (3,109,600.00) 78,862,227.00 440 IPFA 162,270,322.00 (88,195,600.00) 44,649,000.00 118,723,722.00 239,183,195.00 55,890,100.00 (124,764,200.00) 76,934,000.00 ((1,758,600.00) 199,484,495.00 PROJECTED ENDING FUND BALANCE 1,123,038,901.00 126,068,000.00 (238,961,798.00) 86,418,200.00 (86,418,200.00) 1,020,148,997.00
EXHIBIT B
Mid-Year Budget Update
(Attached)
CITY OF INDUSTRY
PROJECTED FUND BALANCES
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
Exhibit B
PROPOSED NET
ADOPTED PROPOSED MID YEAR ADOPTED PROPOSED MID YEAR MID YEAR FUND BALANCE REVENUES 2021- INCREASE AMENDED REVENUE EXPENDITURES INCREASE AMENDED BUDGET JUNE 30, 2021 2022 (DECREASE) BUDGET 2021-2022 (DECREASE) EXPENDITURES BUDGET CHANGE
GENERAL FUND
100 OPERATIONS 705,964,773.00 56,447,800.00 2,301,100.00 58,748,900.00 (52,514,467.00) (256,900.00) (52,257,567.00) 2,558,000.00 705,964,773.00 56,447,800.00 2,301,100.00 58,748,900.00 (52,514,467.00) (256,900.00) (52,257,567.00) 2,558,000.00
SPECIAL REVENUE FUNDS
101 STATE GAS TAX 7,230.00 26,000.00 (26,000.00) (26,000.00) 102 MEASURE R 6,000.00 (6,000.00) 13000 (6,000.00) 25000 103 PROP A 26,000.00 (254,000.00) (299,000.00)
104 PROP C 8,000.00 (8,000.00) (8,000.00)
105 AIR QUALITY 472.00 :
106 MEASURE M 7,000.00 : (7,000.00)
107 MEASURE W 1,600,000.00 (1,020,000.00)
165 CITY ELECTRIC - CARB 335,000.00 (550,000.00) 18,0000 2,008,000.00 45,000.00 (1,916,000.00) 140,000.00
ENTERPRISE FUNDS
160 IPHMA 10,407,603.00 175,100.00 (690,800.00) (20,000.00) (670,800.00) 20,000.00 161 CITY ELECTRIC 18,829,696.00 4,713,000.00 (4,465,600.00) (75,000.00) (4,390,600.00) 75,000.00 360 CRIA 112,857.00 1,000.00 (1,177,900.00) 15,900.00 (1,193,800.00) (15,900.00) 361 EXPO CENTER 4,801,593.00 8,500.00 8,500.00 (1,487,000.00) (1,487,000.00) 560 PUC - RECLAIMED WATER 9,965,664.00 1,347,000.00 (427,000.00) 31,800.00 (458,800.00) (31,800.00) 561 IPUC - POTABLE WATER 1,210,620.00 1,918,500.00 (2,351,400.00) (2,351,400.00) 45,328,033.00 8,163,100.00 (10,599,700.00) (47,300.00) (10,552,400.00) 47,300.00
CAPITAL IMPROVEMENTS FUND
120 CAPITAL IMPROVEMENTS FUND-CITY 129,815,704.00 810,000.00 (39,401,937.00) (445,000.00) (38,956,937.00) 445,000.00 121 CAPITAL IMPROVEMENTS FUND-CRIA (7,698,894.00) (195,000.00) (7,503,894.00) 195,000.00 122 CAPITAL IMPROVEMENTS FUND-IPUC ELECTRIC : : (2,300,000.00) 537500000 (1,955,000.00) 345,000.00 123 CAPITAL IMPROVEMENTS FUND-IPUC WATER (975,000.00) (1,545,000.00) (570,000.00) 124 CAPITAL IMPROVEMENTS FUND-IPHMA 229815,70400 1,000,000.00 1,000,000.00 8310,000.00 810,000.00 (49,375,831.00) (415,000.00) (48,960,831.00) 415,000.00
FIDUCIARY FUNDS
145 ASSESSMENT DISTRICT 91-1 1,319,803.00 15,000.00 15,000.00 (510,800.00) (510,800.00) 1,319,803.00 15,000.00 15,000.00 (510,800.00) (510,800.00)
DEBT SERVICE
135 TAX OVERRIDE 1,898,446.00 44,649,100.00 ,649,100.
140 CITY OF INDUSTRY 75,014,427.00 11,241,000.00 : ,241,000. (36,568,600.00) (36,568,600.00) :
440 IPFA 162,270,322.00 11,139,200.00 11,139,200.00 (88,195,600.00) (88,195,600.00) 239,183,195.00 67,029,300.00 67,029,300.00 (124,764,200.00) (124,764,200.00) PROJECTED ENDING FUND BALANCE 1,123,038.901.00 133,288,200.00 2,486,100.00 136,774,300.00 (239,635,998.00) (674,200.00) (238,961,798.00) 3,160,300.00 1,123,038,901.00 134,288,200.00 2,486,100.00 136,774,300.00 (239,635,998.00) (674,200.00) (238,961,798.00) 3,160,300.00
EXHIBIT C
Revenue/Expenditure Summary
(Attached)
CITY OF INDUSTRY
REVENUE/EXPENSES SUMMARY
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
Exhibit C
MID-YEAR PROPOSED
ADOPTED BUDGET BUDGET AMENDED BUDGET
FUND CATEGORY DEPARTMENT FY 21-22 AMENDMENTS FY 21-22
GENERAL FUND
REVENUE
FRANCHISES 101,000.00 2,149,000.00 2,250,000.00
BUILDING PERMITS 1,196,000.00 804,000.00 2,000,000.00
STATE GREEN BUILDING FEE - CITY/STATE 1,000.00 3,000.00 4,000.00 REFUSE COLLECTION REVENUES 16,970,000.00 (14,209,400.00) 2,760,600.00 MISCELLANEOUS REFUSE FEES (15,273,000.00) 12,722,100.00 (2,550,900.00) LOAN INTEREST INCOME - 4,400.00 4,400.00
LEASE REVENUE - 2010 REFUNDING BOND 383,000.00 (383,000.00) REIMBURSEMENTS 1,500,000.00 1,500,000.00
SOLAR PROJECT ENERGY SALES 689,000.00 (289,000.00) 400,000.00 TOTAL REVENUE 4,067,000.00 2,301,100.00 6,368,100.00
EXPENSES
100
ADMINISTRATIVE
CITY COUNCIL 362,600.00 29,000.00 391,600.00
CITY CLERK 361,800.00 4,700.00 366,500.00
CITY MANAGER 2,479,700.00 (762,300.00) 1,717,400.00
CENTRAL SERVICES 886,000.00 213,000.00 1,099,000.00
HUMAN RESOURCES 1,229,000.00 46,300.00 1,275,300.00
CITY ATTORNEY/LEGAL 3,386,000.00 3,386,000.00
LEGISLATIVE SERVICES 179,000.00 : 179,000.00
IUDA-ADMINTRATIVE EXPENSES 1,808,300.00 1,808,300.00
FINANCIAL SERVICES
CITY TREASURER 538,900.00 4,000.00 542,900.00
FINANCE 1,780,000.0 1,780,000.00
INFORMATION TECHNOLOGY 1,012,900.00 50,000.00 1,062,900.00
DEVELOPMENT SERVICES
ENGINEERING 180,700.00 (13,000.00) 167,700.00
PLANNING 711,300.00 711,300.00
DEVELOPMENT SERVICES 1,064,900.00 11,400.00 1,076,300.00 PUBLIC SAFETY 13,076,500.00 42,000.00 13,118,500.00
PUBLIC WORKS 4,165,000.00 4,165,000.00
STREETS AND ROADS 1,450,000.00 54,000.00 1,504,000.00
OTHER CONTRATED SERVICES 5,530,000.00 - 5,530,000.00
CIVIC FINANCIAL CENTER 3,528,367.00 (49,800.00) 3,478,567.00 INDUSTRY HILLS MAINTENANCE 232,000.00 232,000.00
HABITIAT AND OPEN SPACE 764,000.00 100,000.00 864,000.00 STREET LIGHTS 1,080,000.00 28,500.00 1,108,500.00
COMMUNITY SUPPORT & REGIONAL
IMPROVEMENTS
EL ENCANTO 3,200,000.00 3,200,000.00
COMMUNITY PROMOTIONS & ECONOMIC DEVELOPMENT 1,735,000.00 50,000.00 1,785,000.00 WORKMAN TEMPLE HOMESTEAD 1,324,000.00 (33,800.00) 1,290,200.00
METROLINK STATION
ELECTRIC UTILITY - METROLINK DIVISION 448,500.00 (30,900.00) 417,600.00 GENERAL FUND-TOTAL EXPENDITURES 52,514,467.00 (256,900.00) 52,257,567.00
SPECIAL REVENUE FUND
103 EXPENSES
PROP A PROP A 254,000.00 45,000.00 299,000.00
254,000.00 45,000.00 299,000.00
165 REVENUE
CARB FUND
CARB REVENUE 150,000.00 185,000.00 335,000.00
150,000.00 185,000.00 335,000.00
ENTERPRISE FUND
160 EXPENSES
IPHMA IPHMA EXPENSES
690,800.00 (20,000.00) 670,800.00
690,800.00 (20,000.00) 670,800.00
161 EXPENSES
IPUC ELECTRIC
IPUC ELECTRIC EXPENSES 4,465,600.00 (75,000.00) 4,390,600.00 4,465,600.00 (75,000.00) 4,390,600.00
360 EXPENSES
CRIA
CRIA EXPENSES 1,177,900.00 15,900.00 1,193,800.00
1,177,900.00 15,900.00 1,193,800.00
560 EXPENSES
IPUC RECLAIMED WATER
IPUCRECLAIMED WATER EXPENSES 427,000.00 31,800.00 458,800.00 427,000.00 31,800.00 458,800.00
CAPITAL IMPROVEMENT PROGRAM FUND
120 CAPITAL IMPROVEMENTS FUND-CITY 39,401,937.00 (445,000.00) 38,956,937.00 121 CAPITAL IMPROVEMENTS FUND-CRIA 7,698,894.00 (195,000.00) 7,503,894.00 122 CAPITAL IMPROVEMENTS FUND-IPUC ELECTRIC 2,300,000.00 (345,000.00) 1,955,000.00 123 CAPITAL IMPROVEMENTS FUND-IPUC WATER 975,000.00 $570,000.00 1,545,000.00 124 CAPITAL IMPROVEMENTS FUND-IPHMA 1,000,000.00 1,000,000.00 51,375,831.00 (415,000.00) 50,960,831.00
NET REVENUE INCREASE/(DECREASE) 2,486,100.00
NET EXPENSE INCREASE/(DECREASE) (674,200.00)
TOTAL NET MID-YEAR BUDGET AMENDMENTS FY 21-22 3,160,300.00
EXHIBIT D
Revenue/Expenditure Detail
(Attached)
CITY OF INDUSTRY
REVENUE/EXPENSES DETAIL
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
Exhibit D
MID-YEAR PROPOSED
ADOPTED BUDGET BUDGET AMENDED BUDGET AMENDED BUDGET
Account Account Description FY 21-22 AMENDMENTS BUDGET AMENDMENTS FY 21-22 Fund 100 - General Fund
Department 200 - Revenue
4022 Franchises 101,000.00 101,000.00 2,149,000.00 2,250,000.00 4120 Building Permits 1,196,000.00 1,196,000.00 804,000.00 2,000,000.00 4120.04 State Green Building Fee -City/State 1,000.00 1,000.00 3,000.00 4,000.00 4140.01 Refuse Collection Revenues 16,970,000.00 16,970,000.00 (14,209,400.00) 2,760,600.00 4140.02 Miscellaneous Refuse Fees (15,273,000.00) (15,273,000.00) 12,722,100.00 (2,550,900.00) 4330 Loan Interest Income 4,400.00 4,400.00
4360 Lease Revenues -2010 Refunding Bond 383,000.00 383,00000 (383,000.00) 4425 Reimbursement 1,500,000.00 1,500,000.00
5000 Solar Project Energy Sales 689,000.00 689,000.00 (289,000.00) 400,000.00 Department 200 - Revenue Total 4,067,000.00 4,067,000.00 2,301,100.00 6,368,100.00 Department 350- Metrolink Station
5021 Dues and Subscriptions 10,000.00 10,000.00 (9,000.00) 1,000.00 5065 Other Contracted Services 75,000.00 : 75,000.00 26,400.00 101,400.00 5130 Planning, Survey and Design 1,700.00 1,700.00
5730.03 Utilities - Electric 150,000.00 150,000.00 (50,000.00) 100,000.00 Department 350 - Metrolink Station Total 235,000.00 - 235,000.00 (30,900.00) 204,100.00
Department 501 - City Council
5610 Travel and Meetings 1,000.00 1,000.00 29,000.00 30,000.00 Department 501 - City Council Total 1,000.00 - 29,000.00 30,000.00 1,000.00
Department 502 - City Clerk
5018 Office Supplies & Postage 1,000.00 1,000.00
5028 Life Insurance 2,300.00 2,300.00 3,700.00 6,000.00 Department 502 - City Clerk Total 2,300.00 2,300.00 4,700.00 7,000.00 Department 503 - City Manager
5013.01 Cell Phone Allowance 1,800.00 1,800.00 (1,800.00) 5013.02 Technology Allowance 2,000.00 2,000.00
5016 Cal-PERS - Employer 987,000.00 987,000.00 (873,000.00) 114,000.00 5017 Medical Premiums 90,500.00 90,500.00 33,000.00 123,500.00 5021 Dues and Subscriptions 81,650.00 81,650.00 50,000.00 131,650.00 5035 Deferred Compensation 24,000.00 24,000.00 10,000.00 34,000.00 5610 Travel and Meetings 900.00 900.00 29,100.00 30,000.00 5631 Workers Compensation 21,600.00 21,600.00 (11,600.00) 10,000.00 Department 503 - City Manager Tota 1,207,450.00 1,207,450.00 (762,300.00) 445,150.00 Department 504 - Engineering
5001 Salaries 105,000.00 105,000.00 20,000.00 125,000.00 5010 Car Allowance 5,000.00 5,000.00 (5,000.00)
5017 Medical Premiums 32,400.00 32,400.00 (30,000.00) 2,400.00 5031.01 Disability - Long Term 1,000.00 1,000.00
5031.02 Disability - Short Term 1,000.00 1,000.00
Department 504 - Engineering Total 142,400.00 142,400.00 (13,000.00) 129,400.00 Department 505 - City Treasurer
5610 Travel and Meetings 4,000.00 4,000.00
Department 505 - City Treasurer Total - 4,000.00
4,000.00
Department 506 - Finance
5610 Travel and Meetings 2,000.00 2,000.00 8,000.00 10,000.00 5631 Workers Compensation 13,200.00 13,200.00 (8,000.00) 5,200.00 Department 506- Finance Total 15,200.00 15,200.00 15,200.00 Department 507 - Central Services
5001 Salaries 480,000.00 480,000.00 (480,000.00)
5012 General Insurance and Bonding 2,000.00 2,000.00 698,000.00 700,000.00 5013 Telephone 39,000.00 39,000.00 (37,000.00) 2,000.00 5016 Cal-PERS - Employer 5,000.00 5,000.00 (5,000.00)
5018 Office Supplies & Postage 1,000.00 1,000.00 39,000.00 40,000.00 5021 Dues and Subscriptions 117,000.00 117,000.00 (112,000.00) 5,000.00 5025 Miscellaneous 62,000.00 62,000.00 (61,000.00) 1,000.00 5062 Building Maintenance 5,000.00 5,000.00 112,000.00 117,000.00 5120.01 Professional Services 20,000.00 20,000.00 30,000.00 50,000.00 5560 Equipment Rental 19,000.00 19,000.00
5570 Printing and Photographs 10,000.00 10,000.00
Department 507 - Central Services Total 731,000.00 731,000.00 213,000.00 944,000.00 Department 508 - Human Resources
5016 Cal-PERS - Employer 113,500.00 113,500.00 36,500.00 150,000.00 5018 Office Supplies & Postage 1,000.00 1,000.00
5020 CalPERS - Employee 14,200.00 14,200.00 5,800.00 20,000.00 5021 Dues and Subscriptions - 1,000.00 1,000.00
5665 Tuition Reimbursement 2,000.00 2,000.00
Department 508 - Human Resources Total 127,700.00 127,700.00 46,300.00 174,000.00 Department 525 - Information Technology
5695.04 Computer - Software 50,000.00 50,000.00 50,000.00 100,000.00 Department 525 - Information Technology Total 50,000.00 50,000.00 50,000.00 100,000.00 Department 526 - Development Services
5013 Telephone 300.00 300.00
5018 Office Supplies & Postage 500.00 500.00 500.00 1,000.00 5028 Life Insurance 1,400.00 1,400.00 2,600.00 4,000.00 5031.02 Disability - Short Term 100.00 100.00 1,900.00 2,000.00 5033 Dental Premiums 900.00 900.00 5,000.00 5,900.00
5034 Vision Premiums 100.00 100.00 900.00 1,000.00
5037 Accidental Death Insurance 2,900.00 : 2,900.00 (2,700.00) 200.00 5038 Supplemental UNUM Insurance 6,400.00 6,400.00 (3,000.00) 3,400.00 5039 PARS - Employer 5,900.00 5,900.00
Department 526 - Development Services Total 12,300.00 12,300.00 11,400.00 23,700.00 Department 601-Public Safety
6100 Prisoner Maintenance 400,000.00 100,000.00 (400,000.00) 6140 Special Security Exp 472,200.00 472,200.00
9020 Automobiles 220,000.00 220,000.00 (30,200.00) 189,800.00 Department 601- Public Safety Total 620,000.00 620,000.00 42,000.00 662,000.00 Department 621 - Community Prom.& Economic Devlop
5601 Community Promotion paid by City 406,000.00 406,000.00 50,000.00 456,000.00 Department 621 - Community Prom.& Economic Devlop Total 406,000.00 406,000.00 50,000.00 456,000.00 Department 623 - Streets and Roads
7290.01 Accident Repair/Traffic 30,000.00 30,000.00 190,000.00 220,000.00 7290.02 Reimbursement Accident Repairs 120,000.00 120,000.00 (136,000.00) (16,000.00) Department 623 - Streets and Roads Total 150,000.00 120,000.00 54,000.00 204,000.00 Department 625 - Civic-Financial Center Expenses
5562 Office Equipment & Furniture 46,500.00 46,500.00 (26,500.00) 20,000.00 5792 Resource Planning 7,500.00 7,500.00 6,400.00 13,900.00 5799 Local Emergency Disaster Expenses 100,000.00 100,000.00 (50,000.00) 50,000.00 5900 General Engineering 1,900.00 1,900.00
7455 Graffiti Removal 170,500.00 170,500.00 (170,500.00) 8510 Property Maintenance 324,500.00 188,900.00 138,00.00 Department 625 - Civic-Financial Center Expenses Total 324,500.00 (49,800.00) 274,700.00 Department 626 - Workman Temple Homestead
5640 Advertising and Printing 14,000.00 14,000.00 5,000.00 19,000.00 5695.01 Computer Services 3,000.00 3,000.00 6,200.00 9,200.00 5900 General Engineering 75,000.00 75,000.00 (25,000.00) 50,000.00 8510 Property Maintenance 50,000.00 50,000.00 (20,000.00) 30,000.00 Department 626- Workman Temple Homestead Total 142,000.00 142,000.00 (33,800.00) 108,200.00 Department 628 - Habitat & Open Space
5120.01 Professional Services 4,000.00 4,000.00 20,000.00 24,000.00 8510 Property Maintenance : 97,000.00 450,000.00
353,000.00 353,000.00
9010 Furniture, Equipment & Fixtures 37,000.00 37,000.00 (17,000.00) 20,000.00 Department 628 - Habitat & Open Space Total 394,000.00 394,000.00 100,000.00 494,000.00 Department 629 - Street Lights
5120.01 Professional Services 25,000.00 25,000.00 (25,000.00) 5130 Planning, Survey and Design : 3,500.00 3,500.00
5730.03 Utilities - Electric 375,000.00 375,000.00 100,000.00 475,000.00 6200 Contract Labor - Professional and Technical Services 250,000.00 250,000.00 (50,000.00) 200,000.00 Department 629 - Street Lights Total 650,000.00 650,000.00 28,500.00 678,500.00 Fund 100 - General Fund Total
REVENUE Total 4,756,000.00 4,756,000.00 2,301,100.00 6,768,100.00 EXPENSE Total 5,210,850.00 : 5,180,850.00 (256,900.00) 4,953,950.00 Fund 103 - PROP A
Department 300 - Expenditures
5130 Planning, Survey and Design 11,000.00 11,000.00 45,000.00 56,000.00 Department 300 - Expenditures Total 11,000.00 11,000.00 45,000.00 56,000.00 Fund 103 - PROP A Total
EXPENSE Total 11,000.00 11,000.00 45,000.00 56,000.00
Fund 165 - CARB
Department 200 - Revenue
4414 CARB Fund 150,000.00 150,000.00 185,000.00 335,000.00 Department 200 - Revenue Total 150,000.00 : 150,000.00 185,000.00 335,000.00 Fund 165- CARB Total
[REVENUE Total 150,000.00 - 150,000.00 185,000.00 335,000.00 Fund 160 - Industry Property & Housing
Department 300 - Expenditures
5012 General Insurance and Bonding 10,000.00 10,000.00 5,000.00 15,000.00 5120.01 Professional Services 80,000.00 80,000.00 (25,000.00) 55,000.00 Department 300 - Expenditures Total 90,000.00 90,000.00 (20,000.00) 70,000.00 Fund 160 - Industry Property & Housing Total
[EXPENSE Total 90,000.00 90,000.00 (20,000.00) 70,000.00 Fund 161 - IPUC Electric
Department 200 - Revenue
4104 Electric Meter Revenue 111,000.00 111,000.00 ((111,000.00) 4300.02 Investment Interest Income 11100000- 111,000.00 Department 200- Revenue Total 111,000.00 111,000.00 111,000.00 Department 300 - Expenditures
5695.01 Computer Services 30,000.00 30,000.00 (15,000.00) 15,000.00 6415 Energy Rebate 160,000.00 160,000.00 (60,000.00) 100,000.00 Department 300 - Expenditures Total 190,000.00 190,000.00 (75,000.00) 115,000.00 Fund 161 -IPUC Electric Total
REVENUE Total 111,000.00 111,000.00 111,000.00
EXPENSE Total 190,000.00 190,000.00 (75,000.00) 115,000.00 Fund 360 - CRIA
Department 800 - CRIA Administration City
5012 26,000.00 26,000.00 15,900.00 41,900.00
Departmental cance and ontation Ciry Total
26,000.00 26,000.00 15,900.00 41,900.00
Fund 360 - CRIA Total
EXPENSE Total 26,000.00 26,000.00 15,900.00 41,900.00
Fund 560 - IPUC - Reclaimed Water
Department 300 - Expenditures
5011 Board Salaries 15,300.00 15,300.00
5012 General Insurance and Bonding : :
15,000.00 15,000.00
5018 Office Supplies & Postage 300.00 300.00
5027 Medicare :
- 200.00 200.00
5031 Disability 1,000.00 1,000.00
Department 300 - Expenditures Total : 31,800.00 31,800.00 Fund 560 - IPUC - Reclaimed Water Total
[EXPENSE Total 31,800.00 31,800.00
NET REVENUE INCREASE/(DECREASE) 2,486,100.00
(674,200.00)
3,160,300.00
EXHIBIT E
Transfer Schedule
(Attached)
CITY OF INDUSTRY
SCHEDULE OF TRANSFERS
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
Exhibit E
MID-YEAR BUDGET
TRANSFERS IN TRANSFERS OUT AMENDMENTS
CRIA - EXPO CENTER 1,797,400.00
CRIA- CAPITAL PROJECTS (ADMINISTRATIVE) (1,797,400.00)
CRIA- CAPITAL PROJECTS (ADMINISTRATIVE) 4,019,600.00 15,900.00 CITY GENERAL FUND (4,019,600.00) (15,900.00)
3) CITY - IPHMA 541,700.00 (20,000.00)
CITY GENERAL FUND (541,700.00) 20,000.00
CITY DEBT SERVICE 32,285,000.00
CITY GENERAL FUND (32,285,000.00)
CITY GENERAL FUND 3,109,600.00
CITY DEBT SERVICE (3,109,600.00)
PUBLIC FACILITIES AUTHORITY 44,649,000.00
CITY DEBT SERVICE (44,649,000.00)
6) SA PROJECT 2 41,644,900.00
SA - LAND (41,644,900.00)
7) DEBT SERVICES PROJECT AREA # 1 (8,566,000.00)
DEBT SERVICES PROJECT AREA # 2
DEBT SERVICES PROJECT AREA # 3 8,566,000.00
136,613,200.00 (136,613,200.00) -
EXHIBIT F
Capital Improvements Projects Detail
(Attached)
CITY OF INDUSTRY
CAPITAL IMPROVEMENT BUDGET
MID-YEAR BUDGET UPDATE
FISCAL YEAR 2021-2022
CITY Exhibit F
ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED Project Description
21-22 APROPRIATION BUDGET AMENDMENTS BUDGET FY 21-22
GRADE SEPARATION PROJECTS 755,000.00 755,000.00 (160,000.00) 595,000.00 STREET WIDENING, RECONSTRUCTION, RESURFACING AND SLURRY SEAL 18,970,000.00 18,970,000.00 (1,925,000.00) 17,045,000.00 STORM DRAIN IMPROVEMENTS 910,000.00 910,000.00 75,000.00 985,000.00 TRAFFIC SIGNAL IMPROVEMENTS 5,245,000.00 5,245,000.00 1,470,000.00 6,715,000.00 5 Bridge Widening, Seismic Retrofit, and Preventative Maintenance (City) 815,000 815,000.00 815,000.00 6 Homestead Museum 650,000 650,000.00 650,000.00
7 Industry Hills Golf & Convention Facilities (City) 1,020,000 1,020,000.00 1,020,000.00 8 EL ENCANTO C.I.P. 2,180,000.00 301,937.00 2,481,937.00 (75,000.00) 2,406,937.00 10 Open Spaces/Tonner Canyon/Tres Hermanos (City) 395,000 395,000.00 395,000.00 11 Tres Hermanos Ranch Property 315,000 315,000.00 315,000.00 12 Property Redevelopment & Demo 35,000 35,000.00 35,000.00 15 MISCELLANEOUS 890,000.00 890,000.00 (125,000.00) 765,000.00 16 CIVIC CENTER FACILITIES 2,170,000.00 2,170,000.00 70,000.00 2,240,000.00 17 FACILITIES IMPROVEMENTS 4,750,000.00 4,750,000.00 225,000.00 4,975,000.00 Total City 39,100,000.00 301,937.00 39,401,937.00 (445,000.00) 38,956,937.00 CRIA
Project Description ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED 21-22 AMENDMENTS BUDGET AMENDMENTS BUDGET FY 21-22
9 EXPO CENTER AT INDUSTRY HILLS 7,570,000.00 128,894.00 7,698,894.00 (195,000.00) 7,503,894.00 Total CRIA 7,570,000.00 128,894.00 7,698,894.00 (195,000.00) 7,503,894.00 IPUC
Project Description ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED 21-22 AMENDMENTS BUDGET AMENDMENTS BUDGET FY 21-22
13 TPUC - WATER UTILITY (IPU) 975,000.00 975,000.00 570,000.00 1,545,000.00 14 IPUC - ELECTRIC UTILITY (IPU) 2,300,000.00 2,300,000.00 (345,000.00) 1,955,000.00 Total IPUC 3,275,000.00 3,275,000.00 225,000.00 3,500,000.00 IPHMA
Project Description ADOPTED BUDGET FY BUDGET AMENDED MID-YEAR BUDGET PROPOSED AMENDED 21-22 AMENDMENTS BUDGET AMENDMENTS BUDGET FY 21-22
18 IPHMA Capital movements 1,000,000.00 1,000,000.00 1,000,000.00 Total IPHMA 1,000,000.00 1,000,000.00 1,000,000.00
CITY COUNCIL
ITEM NO. 5.3
SATOR INDUSTRA
(1957 CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM:
Joshua Nelson, City Manager On
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: February 24, 2022
SUBJECT: Consideration of Amendment No. 1 to the Right of Entry Agreement with the City of La Puente for the Repainting of the Azusa Avenue Bridge over Valley Boulevard, extending the term through February 24, 2027, and updating the address for the City of IndustryMP10-08#6) Background:
In June 2013, the City was awarded a total of $5,226,422.00 for the repainting of the Azusa Avenue Bridge through the Local Highway Bridge Program, administered by the Local Assistance Division of Caltrans District 7. These federal grant funds will be utilized to pay for Preliminary Engineering and Construction activities.
On April 16, 2015, the Request for Authorization to Proceed with Preliminary Engineering was approved, and $289,493.00 of federal funds were authorized for this phase of the project. Subsequently, on June 24, 2015, a Request for Proposal (RFP) for the Engineering Phase of the project was issued. On August 10, 2015, proposals were received from two (2) firms. A selections panel was formed with members from the City's Engineering Department, Human Resource Department, the City of La Puente's Development Services Department, and the Los Angeles County Department of Public Works, Construction Division. Based upon the evaluation, the selection panel determined that Biggs Cardosa Associates, Inc. was suited and qualified to provide the required services for this project. On December 10, 2015, the City entered into a Professional Services Agreement with Biggs Cardosa Associates, Inc. to provide professional civil engineering services, in the amount of $310,625.00.
The City controls 88 percent of State Bridge No. 53C0289 on Azusa Avenue over Valley Boulevard. City of La Puente controls the remaining 12 percent. The City must obtain permission from the City of La Puente to enter onto the bridge, temporarily, to perform cleaning and repainting of the entire bridge and all structural members. The City will assume the role of lead agency and follow the guidelines and procedures in accordance with the Local Program Procedures Manual as set for the by Caltrans. All costs associated with the cleaning and repainting of the bridge will be paid solely by the City and with federal grant funds secured through Caltrans, and the City of La Puente will not make any 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org financial contribution. Should structural deficiencies or other necessary repairs be identified in the portion of the bridge owned by the City of La Puente, the City does not assume responsibility to cover the cost of those repairs and shall notify the City of La Puente of such findings. On May 24, 2016 the City Council approved an Agreement with City of La Puente that will allow the City to enter the bridge, on a temporary basis, for the purpose of performing the cleaning and repainting of the entire bridge during the course of this project.
Discussion:
The Agreement with the City of La Puente expired, and staff recommends extending the term through February 24, 2027. It is also necessary to amend the Agreement to update the addresses for the City and the City Attorney.
Fiscal Impact:
There is no fiscal impact associated with Amendment No. 1.
Recommendation:
It is recommended that the City Council approve Amendment No. 1 to the Agreement with the City of La Puente.
Exhibit:
A. Amendment No. 1 to the Right of Entry Agreement with the City of La Puente, dated February 24, 2022
JN/SC/UJ:jf
EXHIBIT A
Amendment No. 1 to the Right of Entry Agreement with the City of La Puente, dated February 24, 2022
[Attached]
AMENDMENT NO. 1
TO RIGHT OF ENTRY AGREEMENT
This Amendment No. 1 to the Right of Entry Agreement ("Agreement") is made and entered into this 24th day of February, 2022, ("Effective Date") by and between the City of Industry ("INDUSTRY"), a municipal corporation, and the City of La Puente ("LA PUENTE"), a municipal corporation. INDUSTRY and LA PUENTE are collectively referred to herein as "Parties" and individually as "Party."
RECITALS
WHEREAS, on or about April 28, 2016, the City Council approved a Right of Entry Agreement ("Agreement") with LA PUENTE for permission to enter onto the Bridge, temporarily, to perform cleaning and re-painting of the entire Bridge and all structural members; and
WHEREAS, the term of the Agreement expired on April 28, 2021, and in order to allow the Parties to continue the work, it is necessary to 'extend term through February 24, 2027. It is also necessary to update the Agreement to revise the address for INDUSTRY, and its City Attorney; and
WHEREAS, for the reasons set forth herein, the Parties desire to enter into this Amendment No. 1, as set forth below.
AMENDMENT
hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
TERM
The term of this Right of Entry shall automatically terminate February 24, 2027. The term may be extended by mutual agreement of the Parties. In the event INDUSTRY is in default of any provision herein, LA PUENTE has the right to terminate this Right of Entry upon five (5) days written notice to INDUSTRY.
11. NOTICES
Section 11 is hereby revised to reflect the current address of INDUSTRY, and its City Attorney:
INDUSTRY: City of Industry
Attention: City Manager
15625 Mayor Dave Way
City of Industry, CA 91744
Phone: 626-333-2211
With a copy to: James M. Casso
Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
CITY OF INDUSTRY CITY OF LA PUENTE
By: By: _
Joshua Nelson, City Manager Bob Lindsey, City Manager
Attest: Attest:
By: By:
Julie Gutierrez-Robles, City Clerk Sheryl Garcia, City Clerk Approved as to form: Approved as to form:
By: By:
James M. Casso, City Attorney Victor Ponto, City Attorney EXHIBIT A TO AMENDMENT NO. 1
RIGHT OF ENTRY AGREEMENT FOR THE AZUSA AVENUE OVER VALLEY BOULEVARD BRIDGE PAINING PROJECT DATED MAY 24, 2016 (APPROVED ON APRIL 28, 2016)
RIGHT OF ENTRY FOR THE AZUSA AVENUE OVER VALLEY BOULEVARD
BRIDGE PAINTING PROJECT
This Right of Entry Agreement ("Right of Entry") is made and entered into this 24th of MaN _, 2016 ("Effective Date"), by and between the City of Industry ("INDUSTRY"), a municipal corporation, and the City of La Puente ("LA PUENTE"), a municipal corporation.
INDUSTRY and LA PUENTE are collectively referred to herein as "Parties" and individually as "Party".
RECITALS
WHEREAS, INDUSTRY controls 88 percent of State Bridge No. 53C0289 ("Bridge") on Azusa Avenue over Valley Boulevard, and LA PUNETE controls 12 percent. The Bridge is more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference; WHEREAS, INDUSTRY desires to obtain LA PUENTE'S permission to enter onto the Bridge, temporarily, to perform cleaning and re-painting of the entire Bridge and all structural members; and
WHEREAS, INDUSTRY has secured $5,226,442.00 through the Local Highway Bridge program for the repainting of the Bridge; and
WHEREAS, INDUSTRY will assume the role of the lead agency and follow the guidelines and procedures in accordance with the Local Programs Procedures Manual as set forth by Caltrans; and
WHEREAS, the Parties agree to and understand that all costs associated with the cleaning and re-painting of the Bridge will be paid solely by INDUSTRY and with federal grant funds secured through the Department of Transportation ("CALTRANS") for the project and that LA PUENTE will not make any financial contributions; and
WHEREAS, INDUSTRY shall only cover the costs associated with the cleaning and re- painting of the entire Bridge and all structural members and should structural deficiencies or other necessary repairs be identified in the portion of the bridge owned by LA PUENTE, INDUSTRY does not assume responsibility to cover the cost of those repairs and shall notify LA PUENTE of such findings and allow LA PUENTE the opportunity to address them at its own discretion and cost; and
WHEREAS, the Parties wish to enter into this Right of Entry whereby LA PUENTE will allow INDUSTRY to enter the Bridge, on a temporary basis, for the purpose of performing the cleaning and re-painting of the entire Bridge.
1 NOW, THEREFORE, INDUSTRY and LA PUENTE do hereby agree as follows:
AGREEMENT
RIGHT OF ENTRY. LA PUENTE hereby grants to INDUSTRY and its agents, employees and contractors the temporary right to enter onto the Bridge for the purpose of performing cleaning and re-painting of the entire Bridge.
2. TERM. The term of this Right of Entry shall automatically terminate five years (5) from the Effective Date. The term may be extended by mutual agreement of the Parties. In the event INDUSTRY is in default of any provision herein, LA PUENTE has the right to terminate this Right of Entry upon five (5) days written notice to INDUSTRY.
3. INDEMNIFICATION. INDUSTRY hereby agrees to indemnify, defend (with counsel approved by LA PUENTE), assume all liability for and hold harmless LA PUENTE and its officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons, which may be caused by INDUSRTY's activities pursuant to this Right of Entry or arising out of or in connection with such activities, whether such activities or performance thereof is by INDUSRTY or anyone directly or indirectly employed or under contract or subcontract with INDUSTRY and whether such damage or claim shall accrue or be discovered before or after the termination of this Right of Entry. INDUSTRY'S obligations set forth in this Section shall survive the expiration or earlier termination of this Right of Entry.
4. INSURANCE. Prior to commencing any activities under this Right of Entry, INDUSTRY, and all contractors and subcontractors, shall procure (or cause to be procured), and shall require all contractors and subcontractors to and keep in full force and effect during the life of this Right of Entry, at INDUSTRY's sole cost and expense, all of the following types of insurance, in accordance with the other provisions of this Section:
Type of Insurance Policy Limits
Personal Adv. Injury $1 million each occurrence
Property Damage $3,000,000
Products--Comp/Op Agg. $1,000,000 each occurrence
General Aggregate $4,000,000
Excess Liability--Umbrella $1,000,000 each occurrence
Comprehensive General Liability: $2,000,000 (see Section 3.G. below) Workers Compensation: Statutory (see Section 3.F. below) Pollution Coverage: $5,000,000
Automobile Liability $1,000,000 each occurrence
For purposes of this Right of Entry, the foregoing insurance shall be referred to herein as "Required Insurance."
2 A. Qualifications of Insurers; Deductibles. All of the Required Insurance shall be issued by an admitted insurer or insurers as defined by the California Insurance Code with a Bests' rating of no less than A:VII. The deductibles under each of the policies issued for the Required Insurance shall be reasonable in amount and in no event shall exceed the sum of Ten Thousand Dollars ($10,000.00) under each such policy.
B. Additional Insured; Form of Endorsement. All such Insurance Policies will be required to name LA PUENTE, and its respective directors, officers, employees, agents and representatives as additional insureds by way of an endorsement. Such endorsement shall be a form of endorsement which is at least as broad as Additional Insured-Owners, Lessors, or Contractors Form B (CG20101185) as published by Insurance Services Office, Inc. The Contractor's Pollution Liability Insurance shall name INDUSTRY and LA PUENTE as "Named Insured".
C. Cancellation Provisions and Other Matters. All of the Required Insurance shall provide (by way of endorsement or otherwise) that no cancellation, expiration, reduction or modification in such Required Insurance can occur or be implemented without first giving LA PUENTE at least thirty (30) days prior written notice of such cancellation, expiration, reduction or modification. LA PUENTE shall not be liable for the payment of any premiums for the Required Insurance.
D. Primary Insurance Endorsement. All Required Insurance shall contain an endorsement providing that such insurance is primary and that any insurance maintained by LA PUENTE is noncontributory with the Required Insurance. All Required Insurance shall contain language to the effect that any loss shall be payable notwithstanding any act or negligence of LA PUENTE that might otherwise result in the forfeiture of the Required Insurance.
E. Waiver of Subrogation. All such Required Insurance shall also contain an endorsement providing for a waiver of subrogation against LA PUENTE by INDUSTRY.
F. Worker's Compensation. This policy or policies shall cover the entire liability of INDUSTRY to employees as determined by California law. The policy shall contain a waiver of subrogation in favor of LA PUENTE.
G. Comprehensive General Liability. $2,000,000.00 combined single limit per event and $4,000,000.00 annual aggregate for bodily injury and property damage liability arising out of the services to be performed under this Right of Entry.
H. Certificates of Insurance. Prior to the commencement of the services set forth in this Right of Entry, INDUSTRY shall provide to LA PUENTE certificates of insurance evidencing the obtaining of the Required Insurance as provided in this Section.
5. COMPLAINCE WITH LAWS/PERMITS. INDUSTRY shall, in all activities undertaken pursuant to this Right of Entry, comply and cause its contractors, agents and employees 3 to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. Without limiting the generality of the foregoing, INDUSTRY, at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance.
6. ENVIRONMENTAL LAW. INDUSTRY shall comply with all federal, state and local environmental law and regulations in its work on the Bridge and shall perform the work in an environmentally protective manner. INDUSTRY shall not cause the release or disposal of any Hazardous Materials at the Bridge, or into the soil, drains, surface or groundwater, or air, nor shall INDUSTRY allow any agent, subcontractor or other person for whom INDUSTRY is responsible to do so: The term "Hazardous Materials" is defined in Exhibit B, attached hereto and incorporated herein by reference. INDUSTRY recognizes that the Bridge contains lead based paint or other lead components and INDUSRTY assumes all risk and liability associated with the presence of such lead based paint or other lead components. INDUSTRY shall ensure that all proper lead containment and disposal measures are taken.
7. COST. INDUSTRY agrees to and understands that all cost associated with the cleaning and re-painting of the entire Bridge and all structural members will be paid solely by INDUSTRY and with federal grant funds secured through CALTRANS and that LA PUENTE will not make any financial contributions towards the cost of the cleaning and re-painting.
8. ADDITIONAL REPAIRS. INDUSTRY shall only cover the costs associated with the cleaning and re-painting of the entire Bridge and all structural members and should structural deficiencies or other necessary repairs be identified in the portion of the Bridge owned by LA PUENTE, INDUSTRY does not assume responsibility to cover the cost of those repairs and shall notify LA PUENTE of such findings, in writing, within ten (10) business days of discovery, and allow LA PUENTE the opportunity to address them at its own discretion and cost;
9. NOT REAL PROPERTY INTEREST. It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in LA PUENTE's ownership interest in the Bridge to INDUSTRY.
10. LIENS AND CLAIMS. INDUSTRY shall not permit any mechanic's, materialmen's or other similar liens or claims, including stop notices, to stand against the Bridge for labor or materials furnished in completion of the work set forth in this Right of Entry.
Notwithstanding any provisions to the contrary herein, INDUSTRY shall have the lien or claim released at its sole cost and expense within fifteen (15) days of any written request by LA PUENTE.
11. NOTICES. Any notices given or required to be given to INDUSRTY or LA PUENTE pursuant to any provisions of this Right of Entry shall be given in writing and shall personally delivered, transmitted electronically or sent by U.S registered mail, with necessary postage prepaid, and shall be deemed to have been duly given:
4 A. When delivered by hand
B. The day after delivery by receipted overnight delivery C. The day after being mailed by certified mail or registered mail with return receipt requested to the following:
INDUSTRY
City of Industry
Attn: Paul Philips
15625 E. Stafford St. #100
City of Industry, CA 91744
Phone: 626-333-2211
LA PUENTE
City of La Puente
Attn: David Carmany
15900 E. Main St.
La Puente, CA 91744
Phone: 626-855-1500
With a copy to:
James M. Casso
Casso & Sparks, LLP
13200 Crossroads Parkway North, Suite 345
City of Industry, CA 91746
12. AGREEMENT. This Right of Entry constitutes the entire agreement between the Parties with respect to the subject matter described herein. No modifications or alterations of the terms hereof shall be binding unless such modification or alternation is in writing and executed by both Parties. If any provision of this Right of Entry is determined to be invalid, illegal or unenforceable, the remaining provisions of this Right of Entry shall remain in full force. This Right of Entry shall be governed by and in accordance with the law of the State of California.
Any action to enforce or interpret its provisions must be brought in courts located in Los Angeles County, California.
13. WAIVER. The waiver by INDUSTRY or LA PUENTE of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Right of Entry shall be deemed to have been waived by INDUSTRY or LA PUENTE unless in writing.
14. REMEDIES. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the 5 forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
ATTORNEYS' FEES. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Right of Entry, or arising out of or relating to the services provided by INDUSTRY under this Right of Entry, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
EXECUTION IN COUNTERPARTS. This Right of Entry may be executed in counterparts, each of which shall be deemed an original for all purposes, and all of such counterparts shall constitute but and the same Right of Entry.
17. AUTHORITY. Each person executing this Right of Entry hereby represents and warrants (i) their authority to do so, and (ii) that such authority has been duly and validly conferred.
CITY OF INDUSTRY CITY OF LA PUNETE
By aul. Culipr
Paul Philips, City Manager David Carmany, City Manager
Attest: Attest:
ByCat Onlo By:
Cecelia Dunlap, Deputy City Clerk Sheryl Garcia, Chief Deputy City Clerk • Approved as to form: Approved as to form:
lawson Casso Sushi Ginso
By:
James M. Casso, Giry Ationacy Jame! M. Casso, Cily Attorney 6 EXHIBIT A
This project includes the repainting of the Azusa Avenue Bridge over Valley Boulevard. The project is located approximately one mile north of State Route 60, and the bridge structure extends into both the City of Industry and the City of La Puente. The bridge is approximately 140 teet in length with 7 spans, and crosses over Valley Boulevard, Arenth Avenue, Union Pacific Railroad (UPRK) tracks, San Jose Creek and Chestnut Street. With a structure width of 98'-4", the bridge camies three lanes of traffic in each direction. There are sidewalks on each side of the bridge with a concrete separation barrier railing and bridge railing, and a raised median between the NB and SB lanes. The superstructure consists of a reinforced concrete slab on twelve built-up steel plate girders approximately 60 inches deep with transverse steel angle cross-bracing diaphragms spaced at approximately 10 feet apart and diagonal steel angle longitudinal bracing.
EXHIBIL B
DEFINITION OF HAZARDOUS MATERIAL, ENVIRONMENTAL LAWS
As used in this Right of Entry, the term "Hazardous Material" means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a "hazardous substance", "hazardous material", "hazardous waste", "extremely hazardous waste", infectious waste", toxic substance", toxic pollutant", or any other formulation intended to define, list oi classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "hazardous material" shall also include asbestos or asbestos-containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by-products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate, and methy tert butyl ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws.
As used in this Right of Entry, the term "Environmental Laws" means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations or directives, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seg.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal.
Health and Safety Code, Section 25300 et seq.).
8 SAY OF MOUSERE
1957 CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: February 24, 2022
SUBJECT: Consideration of Amendment No. 1 to the Agreement with the California Department of Transportation for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision north of Gale Avenue, extending the term through June 30, 2023, and increasing compensation by $130,000.00 (MP 06-11 #21)
Background:
The Los Angeles subdivision railroad crossing at Stimson Avenue is a double-track crossing. Stimson Avenue is a north-south roadway with two lanes in each direction, a center two-way left-turn lane, and sidewalks along both sides. The immediate surrounding area of the crossing is industrial. There are approximately 12 passenger and 38 freight trains a day with a maximum speed of 79 miles per hour. According to the Union Pacific Railroad ("UPRR"), there were seven unsafe motorist behaviors that occurred at this crossing. It is currently equipped with a curb and median-mounted California Public Utilities Commission ("CPUC") Standard 9 (flashing light signal assembly with automatic gate) warning devices, railroad advanced warning signage, and pavement markings on each approach.
On June 22, 2016, representatives from the City, UPRR, California Department of Transportation ("Caltrans") Division of Rail, and the CPUC met to review the Stimson Avenue at-grade highway-rail crossing. This crossing was identified for funding of hazard elimination and safety improvements through the Federal Section 130 funds. The Section 130 program is a federally funded program, administered by the states, for the elimination of hazards at at-grade highway-rail crossings.
Section 130 funding can reimburse the actual and direct costs of the design and construction of the improvements recommended which are done subsequent to Caltrans executing a contract and issuing the notice to proceed. The CPUC Rail Crossing Engineering Section staff itemized the safety improvements to be funded under the Section 130 program for the above noted crossing, as developed by the diagnostic team.
The diagnostic team analyzed the existing situation with respect to vehicular travel, bicycle travel, pedestrian pathways and rail traffic, and determined the identified 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org improvements will increase safety and that these improvements are 100% fundable by the Section 130 Program after the issuance of the contract.
The recommended work is contracted through Caltrans. On April 25, 2019, the City Council approved an Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue in an amount of $465,750.00. The City is responsible to perform the project work that includes preparation of final plans, specifications and estimates ("PS&E") and the completion of the project construction.
Discussion:
On January 7, 2022, the City requested additional funds due to the current rising cost of construction. Caltrans agreed to increase the funds by $130,000.00, making the total contract value $595,750.00, and to extend the term from March 29, 2019 until June 30, 2023.
Fiscal Impact:
There is no direct fiscal impact to the City. The City will pay $595,750.00 to Caltrans and be reimbursed by Caltrans.
Recommendation:
It is recommended that the City Council approve Amendment No. 1 to the Agreement with the Caltrans.
Exhibits:
A. Amendment No. 1 to Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated January 27, 2022
B. Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019
EXHIBIT A
Amendment No. 1 to Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated January 27, 2022
[Attached]
STATE OF CALIFORNIA Industry Stimson Ave
DEPARTMENT OF TRANSPORTATION Amendment 1
Sheet 1 of 1
January 27,2022
Item Caltrans Project ID State Fiscal Year
2660-102-0890 2021-22
CONTRACT AMENDMENT SERVICE CONTRACT: 75LX320
Stimson Avenue, City of Industry CA PROJECT NUMBER: STPLR-7500(258) Caltrans Division of Local Assistance The numbers above shall be included with all invoices submitted to Caltrans Office of Federal Programs
P.O. Box 942874, MS 1 Highway Railroad Grade Crossing Safety Program (Section 130) Sacramento, CA 94274-0001
RAILROAD: City of Industry Effective Date of Contract: March 29, 2019 ADDRESS: 225 North Hacienda Boulevard, Amended Expiration Date June 30 2023 Suite 222
Phone: Industry, CA 91744 Contract $465,750.00
(626) 333-2211 $130,000.00
Additional Funds Amend #1
Total Contract $595,750.00
WHEREAS: Service Contract 75LX320, dated March 29, 2019, provided $465,750 roadway and pedestrian safety improvements at Stimson Avenue and the Union Pacific Railroad Company's tracks, CPUC No. 003-18.30 / LA-2546 and Federal DOT No. 810871U;
WHEREAS, the local conditions have changed and have required reevaluation of the project plans and; WHEREAS, interagency project plans review and coordination between the Local Agency, CPUC, Caltrans, and the UPRR has caused project delays and;
WHEREAS, an additional project scope to obtain Access Rights and Access Agreements is necessary to complete the project and; WHEREAS, updated project costs require additional funding in the amount of $130,000.00 as requested by the City of Industry and;
WHEREAS, a time extension to complete, construction and all other requirements has been requested by the City of Industry.
NOW THEREFORE, that all terms and conditions of Service Contract No. 75LX320, as amended, shall remain in full force and effect except: it is mutually agreed by the parties hereto; the contract dollar amount shall be amended with $130,000.00 of additional funds for a total contract value of $595,750.00 for all scope of work items, and the operation date is hereby extended from March 29, 2019, until June 30, 2023.
IN WITNESS WHEREOF, the parties have duly executed this contract as of the dates shown below with the effective date shown above.
CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF INDUSTRY By L By
office of Federal Program
Caltrans Local Assistanc
Title_ Section 130 Program Manager Title
Date Date
Caltrans
EXHIBIT B
Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019 [Attached]
: STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 1 of 12
March 29, 2019
Project ID Phase Object Amount FY Encumbrance Doc No.
Unit
0017000245 S 049 $465,750 2017/2018 75LX320
3811
Item Chapter Statutes Fiscal Year
2660-102-0890 14 2017 2017/2018
Thereby certify upon my own personal knowledge that budgeted funds ar PROGRAM SUPPLEMENT NO: 75LX320 available for the period and purpose of the expenditure stated herein Signature of Accounting Offiger Date The numbers above are to be placed on all invoices which shall b mailed to:
Pat 5117/19 Co. Bos Dia, Mal ad Mas Transportation
Sacramento, CA 94274-0001
LOCAL AGENCY: City of Industry March 29, 2019
ADDRESS: 225 North Hacienda Boulevard, Suite 222
Industry, CA 91744
Phone: (626) 333-2211 Expiration Date of Contract: March 29, 2022 The City of Industry (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of egulations and the provisions of this form including the attached sheets and Exhibits A - D. This Agreement shall be effectiv March 29, 2019, the date herein as listed or when executed by all parties, whichever is later and is subject to all the terms anc Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project).
Total Cost Estimate: $345,000
Engineering/Administration $85,250
Contingency/Inflation Factor: $34,500
TOTAL PROJECT COST: $465,750
TOTAL AMOUNT OF THIS
CONTRACT: $465,750
It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Caltrans.
Further, Caltrans hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and Caltrans, this contract may be modified or terminated at any time.
IN WITNESS WHEREOF, the parties to this contract have hereunto set their hand the year and date first above written.
CALIFORNA DENARTENT OF TRANSPORTATION CITY OF INDUSTRY
By. BY-
Branch Chiet
Approved Sonald Spare, Acting Chie Title
Date: 4-25-15
Date:
STATE OF CALIFORNIA Contract No: 751,X320
DEPARTMENT OF TRANSPORTATION Sheet 2 of 12
March 29, 2019
1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that might occur if the contract were executed after appropriations are actually made.
2. This contract is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Government or the California State Legislature for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction of funds.
3. This service contract is for the elimination of hazards at Railroad-Highway intersections (crossings) with funds provided to Caltrans under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Caltrans, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary; Caltrans acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC.
4. The total actual allowable costs reimbursable by Caltrans under this Service Contract, shall not exceed $465,750. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. All Project costs must also comply with the corresponding Exhibit D, E-76 approval dated December 7, 2017.
5. The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Caltrans. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Caltrans until sufficient State or Federal funds have been obligated for the project. State liability pursuant to this contract is limited to the amount set forth in this contract.
6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Caltrans and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. Local Agency agrees to perform its work in accordance with FHWA-1273, a true and correct copy of which is attached hereto. Caltrans is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways.
7. The Local Agency shall comply with the Buy America provisions set forth in 23 CFR 635.410 for the Project, for steel, iron and manufactured goods produced in the United States, subject to the conditions therein set forth.
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 3 of 12
March 29, 2019
8. Any person, company or corporation who performs construction work authorized under terms of this contract must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement.
9. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located.
10. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction.
11. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to federal law regulation and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad-highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Caltrans by Local Agency as soon as it is executed.
12. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Caltrans' Audits and Investigations.
13. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto.
14. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted.
15. Local Agency invoice procedures shall conform to the California State Department of Transportation, Division of Rail and Mass Transportation, Railroad Crossing Safety Branch's Invoice Guidelines for Local Agencies. Correspondence and/or invoices are to be sent to:
California Department of Transportation, Division of Rail and Mass Transportation, P. O. Box 942874, MS 74, Sacramento, California 94274, if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail and Mass Transportation, 1415 11" Street, MS 74, Sacramento, California 95814.
16. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Caltrans invoices for actual allowable costs incurred consistent with the Exhibit A attached STATE OF CALIFORNIA Contract No: 751.X320
DEPARTMENT OF TRANSPORTATION Sheet 4 of 12
March 29, 2019
hereto. Caltrans will review the invoice for compliance with this contract. Payment will be made by Caltrans to Local Agency within forty-five (45) days of the date of receipt of an invoice by Caltrans, unless disputed. Invoices which are determined not in compliance, or include unallowable costs will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Caltrans as prescribed above.
17. The Local Agency, upon completion of the Project work, will provide to Caltrans a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Caltrans will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that Caltrans previously paid more than its share of said project, Local Agency shall refund the difference between Caltrans' share and the amount paid by Caltrans. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the State of California and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Caltrans' Auditors for a period of three years from Caltrans' date of final payment of aforementioned final invoice. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
18. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Caltrans in the manner hereinafter set forth.
19. Local Agency agrees that the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular 2 CFR 200.
20. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein and made a part hereof.
21. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit B and made a part hereof.
22. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto.
23. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Caltrans for verification and payment.
24. In accordance with the California Public Utilities Commission General Orders, and in cooperation with the Railroad, the Local Agency shall maintain the Project improvements located in its right of way.
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 5 of 12
March 29, 2019
25. Subject to the availability of labor and material and securing the required and necessary permits and approvals, it is the intent of the parties hereto that all construction work under this service contract shall be completed within three years after the effective date of this contract, unless a time extension is requested by Local Agency and approved in writing by Caltrans. The expiration date of this contract is shown on the face sheet. Costs incurred prior to the effective date of contract or after the expiration date of contract are unallowable and shall not be billed by the Local Agency to Caltrans.
26. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties.
27. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of Caltrans in the form of a formal written amendment.
28. AUDIT: Local Agency agrees that Caltrans or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Local Agency agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
29. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be killed, injured or damaged except to the extent that such death injury or damage results from the sole or active negligence of Caltrans.
30. DISPUTES: Local Agency shall continue to perform under this Contract during any dispute.
31. TERMINATION FOR CAUSE: Caltrans may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination Caltrans may proceed with the work in any manner deemed proper by Caltrans. All costs to Caltrans shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand.
32. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of Caltrans or State.
33. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, STATE OF CALIFORNIA Contract No: 75L.X320
DEPARTMENT OF TRANSPORTATION Sheet 6 of 12
March 29, 2019
national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor 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. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
34. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
35. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
STATE OF CALIFORNIA Contract No: 75LX320
1. DEPARTMENT OF TRANSPORTATION Sheet 7 of 12
March 29, 2019
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
36. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that:
a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."
37. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby.
38. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Public Contract Code Section 10353.
This contract will expire on March 29, 2022. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein.
STATE OF CALIFORNIA Contract No: 75L.X320
DEPARTMENT OF TRANSPORTATION Sheet 8 of 12
March 29, 2019
Exhibit A
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Scope of Work
• Reconstruct approximately 50 feet of concrete sidewalk in each of the four approach quadrants.
• Install detectable warning (tactile strips) on all sidewalk approaches. • Replace existing AC pavement with Concrete pavement for approximately 150 feet on both approaches.
Note the CPUC Std 8 and Concrete Panel Surfacing shown on Exhibit C are not part of the work for this contract.
: STATE OF CALIFORNIA Contract No: 75LX320
• DEPARTMENT OF TRANSPORTATION Sheet 9 of 12
March 29, 2019
Exhibit B
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Cost Estimate
Unit
Work Item Quantity Unit Cost Total
Cold Mill Asphalt Concrete 18000 SF 5 90000
Concrete Pavement 500 TON 150 75000
Sidewalk (4" PCC) 1600 SF 50 80000
Curb and Gutter 200 LF 75 15000
Striping & Signage 1 LS 15000 15000
Permit and Flagging Fees 30000 30000
Mobilization 1 LS 15000 15000
Traffic Control 1 LS 25000 25000
Subtotal $345,000
Contingency 10% 34500
Construction Administration & Inspection 10% 34500
Construction Engineering 15% 51750
Total Cost Estimate $465,750
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 10 of 12
March 29, 2019
Exhibit C
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Drawing
Reconstruct Sidewalk
& Detectable
Warning
- Install CPUC Std 8
Install CPUC Std 8
Install Concrete
Panel Surfacing
Repave Approaches
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 07-LA-O-IDY PROJECT LOCATION:
PREFIX: STPLR STIMSON AVENUE AT THE UPRR CROSSING
SEO NCT NO: 7500(258) TYPE OF WORK:
GRADE CROSSING HAZARD ELIMINATION PREV AUTH / AGREE DATES:
STATE PROJ NO: 0017000245L-N FED RR NO'S: 810871 PE:
AGENCY: INDUSTRY PUC CODES: 003- R/W:
ROUTE: PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN CON:
DISASTER NO: ENV STATUS / DT: CAT EXCL-PROG 11/28/2017 SPR:
RW STATUS / DT: 1 11/28/2017 MCS:
TIMPOT SCAG INV RTE: OTH:
FSTIP YR: 17/18 BEG MP
END MP
STIP REF:
FSTIP ID NO: null
BRIDGE NO:
PROG CODE LINE NO IMPV TYPE FUNG SYS URBAN AREA URB/RURAL DEMO ID MSSE 30 22
ZS40 30 22
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST
PREV. OBLIGATION $0.00 $0.00
PE THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
PREV. OBLIGATION $0.00 $0.00
THIS REQUEST $0.00 $0.00 DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA SUBTOTAL $0.00 $0.00
PREV. OBLIGATION $0.00 $0.00 E-76 CPUC ID: 003-18.30 Fed Xing ID: 810871U Exhibit D CON THIS REQUEST $1,310,750.00 $1,310,750.00
SUBTOTAL $1,310,750.00 $1,310,750.00
PREV. OBLIGATION $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
TOTAL: $1,310,750.00 $1,310,750.00
STATE REMARKS
11/28/2017 Sequence 1 obligates federal funds to a Section 130 Grade Crossing Hazard Elimination project on the CPUC priority list.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST: CON PREPARED IN FADS BY: RIOS, NOEMI Contract No: 75LX320 FOR: REVIEWED IN FADS BY: RUIZ, CARLOS
DOCUMENT TYPE: AAGR SUBMITTED IN FADS BY: RUIZ, CARLOS February 28, 2019.
PROCESSED IN FADS BY: FOGLE, JERILYNA Sheet 11 of 12
E-76 AUTHORIZED DATE IN FMIS BY: JIYOUNG AHN
SIGNATURE HISTORY FOR PROJECT NUMBER 7500(258) AS OF 05/24/2018
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
JERILYNN FOGLE 12/06/2017
LAMIN WILLIAMS 12/07/2017
JIYOUNG AHN 12/07/2017
• FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE RUIZ, CARLOS 12/01/2017
Note the total amount for this contract is $465,750. DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA E-76 CPUC ID: 003-18.30 Fed Xing ID: 810871U Exhibit D
February 28, 2019 Sheet 12 of 12 Contract No: 75LX320
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
1. General 3. A breach of any of the stipulations contained in thes Il. Nondiscrimination Required Contract Provisions may be sufficient grounds fo IlI. Davis Bagand celated Act Provisions withholding of progress payments, withholding of fina IV. payment, termination of the contract, suspension / debarmen V. Contract Work Hours and Safety Standards Ac or any other action determined to be appropriate by the Provisions
1. Selection of Labor: During the performance of this contrac he contractor shall not use convict labor for any purpos within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
I. GENERAL
In addition, the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR subcontracts (excluding purchase orders, rental agreements Parts 200, 230, and 633. and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-lier subcontractor or service provider.
Note: The U.S. Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29 subcontracts (excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as for compliance by any subcontractor, lower-tier subcontractor amended (29 USC 794), and Title VI of the Civil Rights Act of or service provider. 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix Form FHWA-1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S referenced) in all contracts, subcontracts and lower-tier Department of Labor (US DOL) and HWA requirements. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth
2. Subiect to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35, sections, these contract provisions shall apply to all work 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework, station work, or by subcontract. action standards for the contractor's project activities under 1 this contract. The provisions of the Americans with Disabilities 4. Recruitment: When advertising for employees, the Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer." All such contract. In the execution of this contract, the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration.
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the national origin, age or disability. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, implementation of such an agreement has the effect of including apprenticeship, pre-apprenticeship, and/or on-the- discriminating against minorities or women, or obligates the Job training." contractor to do the same, such implementation violates Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
SO.
5. Personnel Actions: Wages, working conditions, and
3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national cognizant of, and will implement, the contractor's EEO policy origin, age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months, at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer.
c. The contractor will periodicallv review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer, covering discrimination. Where evidence is found, the contractor will Il major aspects of the contractor's EEO obligations withi promptly take corrective action. If the review indicates that the nirty days following their reporting for duty with the contracto discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
mployees by means of meetings, employee handbooks, 6. Training and Promotion:
her appropriate mean
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship, and on-the-job training programs for the and Leasing of Equipment: The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex, special provision for training is provided under this contract, national origin, age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract.
b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor, either directly or through a contractor's association acting as agent, will include the procedures set b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions, joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract, which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor, the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have been made to obtain such information. (1) The number and work hours of minority and non- minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, (2) The progress and efforts being made in cooperation through independent recruitment efforts, fill the employment with unions, when applicable, to increase employment vacancies without regard to race, color, religion, sex, national opportunities for minorities and women; and origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3) The progress and efforts being made in locating, hiring, to provide sufficient referrals (even though it is obligated to training, qualifying, and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project, indicating the number of minority, women, and pursuant to Executive Order 11246, as amended, and these non-minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants / the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision, the contractor 3 will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs July. which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate IIII. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to This provision is applicable to all Federal-aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race, color, religion, sex, or national origin cannot The wage determination (Including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this use by written or oral policies nor tolerate such use by section) and the Davis-Bacon poster (WH-1321) shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the sile of the work in a prominent and accessible place where services at any location, under the contractor's control, where it can be easily seen by the workers. the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, b. (1) The contracting officer shall require that any class of time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers, which is not listed in storage or dressing areas, parking lots, drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas, transportation, and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination. The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The (il) The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry; and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (il) The proposed wage rate, including any bona fide local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects.
(2) If the contractor and the laborers and mechanics to be The following provisions are from the U,S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and employed in the classification (if known), or their representatives, and the contracting officer agree on the related matters" with minor revisions to conform to the FHWA- classification and wage rate (including the amount 1273 format and FHWA program requirements.
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized a. All laborers and mechanics employed or working upon representative, will approve, modify, or disapprove every the site of the work, will be paid unconditionally and not less additional classification action within 30 days of receipt and often than once a week, and without subsequent deduction or so advise the contracting officer or will notify the contracting rebate on any account (except such payroll deductions as are officer within the 30-day period that additional time is permitted by regulations issued by the Secretary of Labor necessary. under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate (including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the and mechanics. contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for Contributions made or costs reasonably anticipated for bona determination. The Wage and Hour Administrator, or an fide fringe benefits under section 1(b)(2) of the Davis-Bacon authorized representative, will issue a determination within Act on behalf of laborers or mechanics are considered wages 30 days of receipt and so advise the contracting officer or paid to such laborers or mechanics, subject to the provisions 4 will notify the contracting officer within the 30-day period that Bacon Act, the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the (4) The wage rate (including fringe benefits where laborers or mechanics affected, and records which show the appropriate) determined pursuant to paragraphs 1.b.(2) or costs anticipated or the actual cost incurred in providing such
1.b.(3) of this section, shall be paid to all workers performing benefits. Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification. registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and c. Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination b. (1) The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social other third person, the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits Include an individually identifying number for each employee ( under a plan or program, Provided, That the Secretary of e.g., the last four digits of the employee's social security Labor has found, upon the written request of the contractor, number). The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH-347 is been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements, which is held by the same prime contractor, so records, without weekly submission to the contracting agency.. much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a including apprentices, trainees, and helpers, employed by the "Statement of Compliance," signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic, including any apprentice, trainee, or certify the following:
helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under §5.5 (a)(3)(ii) of payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is have ceased.
complete;
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that 5 (3) The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance" required by paragraph 3.b.(2) of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different (4) The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
c. The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an required under paragraph 3.a. of this section available for apprenticeship program, the contractor will no longer be inspection, copying, or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency, the State DOT, the predetermined rate for the work performed until an acceptable HWA, or the Department of Labor, and shall permit such program is approved. representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may. b. Trainees (programs of the USDOL). after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be cause the suspension of any further payment, advance, or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore, failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
4. Apprentices and trainees Administration.
a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration.
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services, or with specified in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency (where appropriate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan The allowable ratio of apprentices to journeymen on the job approved by the Employment and Training Administration shall site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classification of work actually performed. the registered program. Any worker listed on a payroll at an In addition, any trainee performing work on the job site in apprentice wage rate, who is not registered or otherwise excess of the ratio permitted under the registered program employed as stated above, shall be paid not less than the shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the wage determination for the work actually performed. classification of work actually performed. In addition, any apprentice performing work on the lob site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program, the contractor will no for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered ;. Equal employment opportunity. The utilization o program shall be observed. apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29 specified in the registered program for the apprentice's level of CFR part 30. progress, expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees (programs of the U.S. DOT).
V. CONTRACT WORK HOURS AND SAFETY
Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of $100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics the particular program. include watchmen and guards.
5. Compliance with Copeland Act requirements. The 1. Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
6. Subcontracts. The contractor or subcontractor shall insert work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier than one and one-half times the basic rate of pay for all hours subcontracts. The prime contractor shall be responsible for the worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
7. Contract termination: debarment. A breach of the in paragraph (1.) of this section, the contractor and any contract clauses in 29 CFR 5.5 may be grounds for termination subcontractor responsible therefor shall be liable for the of the contract, and for debarment as a contractor and a unpaid wages. In addition, such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such
8. Compliance with Davis-Bacon and Related Act District or to such territory), for liquidated damages. Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or
9. Disputes concerning labor standards. Disputes arising permitted to work in excess of the standard workweek of forty out of the labor standards provisions of this contract shall not hours without payment of the overtime wages required by the be subject to the general disputes clause of this contract. Such clause set forth in paragraph (1.) of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages. between the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own action contracting agency, the U.S. Department of Labor, or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
10. Certification of eligibility. other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work a. By entering into this contract, the contractor certifies that Hours and Safety Standards Act, which is held by the same neither it (nor he or she) nor any person or firm who has al prime contractor, such sums as may be determined to be nterest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a) of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph (2) of this section.
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4. Subcontracts. The contractor or subcontractor shall insert of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier . The penalty for making false statements is prescribed in the subcontracts. The prime contractor shall be responsible for J.S. Criminal Code. 18 U.S.C. 1001 compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
7 evidenced in writing and that it contains all pertinent provisions VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision Is applicable to all Federal-aid construction 5. The 30% self-performance requirement of paragraph (1) is contracts on the National Highway System. not applicable to design-build contracts; however, contracting agencies may establish their own self-performance
1. The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract of the total original contract price, excluding any specially items VII. SAFETY: ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision is applicable to all Federal-aid specially items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization I. In the performance of this contract the contractor shal (23 CFR 635.116). omply with all applicable Federal, State, and local law:
governing safety, health, and sanitation (23 CFR 635). The a. The term "perform work with its own organization" refers contractor shall provide all safeguards, safety devices and to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor, or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract, and shall be made a employees may only be included in this term if the prime condition of each subcontract, which the contractor enters into contractor meets all of the following conditions: pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance (1) the prime contractor maintains control over the of the contract, to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary, hazardous or dangerous to his/her employees; health or safety, as determined under construction safety and (2) the prime contractor remains responsible for the quality health standards (29 FR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U.S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract the payment of predetermined minimum wages, the that the Secretary of Labor or authorized representative submission of payrolls, statements of compliance and all thereof, shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b. "Specialty Items" shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge, abilities, or Contract Work Hours and Safely Standards Act (40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIlI. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of This provision is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high
3. The contractor shall furnish (a) a competent superintendent degree of rellability on statements and representations made or supervisor who is employed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal- direct performance of the work in accordance with the contract aid highway projects, it is essential that all persons concerned requirements, and is in charge of all construction operations with the project perform their functions as carefully, thoroughly, (regardiess of who performs the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the engineering services) as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
4. No portion of the contract shall be sublet, assigned or Federal-aid highway project (23 CFR 635) in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer, or authorized representative, and such with the project:
consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is 8 "Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first tier participant shall States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be false statement, false representation, or false report as to the considered in connection with the department or agency's character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However, be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans, maps, specifications, contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation; or c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered character, quality, quantity, or cost of any work performed or to an erroneous certification, in addition to other remedies be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of changed and supplemented; circumstances
Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred," years or both." "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such as the prime or general contract).
This provision is applicable to all Federal-aid construction Transactions" refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts).
Participant" refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier Federal-aid construction contractor, or subcontractor, as Participant" refers any participant who has entered into a appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier
2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. g. The prospective first tier participant further agrees by X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts, design-build contracts, subcontracts, lower-tier covered transactions exceeding the $25,000 threshold. subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA h. A participant in a covered transaction may rely upon a approval or that is estimated to cost $25,000 or more - as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,
1. Instructions for Certification - First Tier Participants: debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as a. By signing and submitting this proposal, the prospectiv the eligibility of any lower tier prospective participants, each rst tier participant is providing the certification set out belov participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is The inability of a person to provide the certification set oL compiled by the General Services Administration. low will not necessary rest denial of participation in th 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c. The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j. Except for transactions authorized under paragraph (f) of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred," person who is suspended, debarred, ineligible, or voluntarily "suspended," "ineligible," "participant," "person," "principal," excluded from participation in this transaction, in addition to and "voluntarily excluded," as used in this clause, are defined other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or
***** subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion - First Tier Transaction (such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). its knowledge and belief, that it and its principals: Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred, suspended, proposed for Tier Participants (such as subcontractors and suppliers). debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal e. The prospective lower tier participant agrees by department or agency; submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this a public (Federal, State or local) transaction or contract under transaction originated. a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and civilly charged by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding local) with commission of any of the offenses enumerated in the $25,000 threshold. paragraph (a)(2) of this certification; and
g. A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred, suspended, ineligible, or (Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each
2. Instructions for Certification - Lower Tier Participants: participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. ower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause. The a. By signing and submitting this proposal, the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification, in addition to other remedies available to the person who is suspended, debarred, ineligible, or voluntarily Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
*****
Certification Regarding Debarment, Suspension,
Inellgibility and Voluntary Exclusion- Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certifv to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
*****
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
certification shall be subiect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11 ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Altachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-ald projects fundec under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shail give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.
2. The contractor shail place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
ob applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.
4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate. notwithstanding the provisions of subparagraph (1c) above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
12 CITY COUNCIL
ITEM NO. 5.4
CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Upendra Joshi, Senior Project Manager, CNC Engineering
DATE: February 24, 2022
SUBJECT: Consideration of Amendment No. 1 to the Agreement with the California Department of Transportation for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision north of Gale Avenue, extending the term through June 30, 2023, and increasing compensation by $130,000.00 (MP 06-11 #21)
Background:
The Los Angeles subdivision railroad crossing at Stimson Avenue is a double-track crossing. Stimson Avenue is a north-south roadway with two lanes in each direction, a center two-way left-turn lane, and sidewalks along both sides. The immediate surrounding area of the crossing is industrial. There are approximately 12 passenger and 38 freight trains a day with a maximum speed of 79 miles per hour. According to the Union Pacific Railroad ("UPRR"), there were seven unsafe motorist behaviors that occurred at this crossing. It is currently equipped with a curb and median-mounted California Public Utilities Commission ("CPUC") Standard 9 (flashing light signal assembly with automatic gate) warning devices, railroad advanced warning signage, and pavement markings on each approach.
On June 22, 2016, representatives from the City, UPRR, California Department of Transportation ("Caltrans") Division of Rail, and the CPUC met to review the Stimson Avenue at-grade highway-rail crossing. This crossing was identified for funding of hazard elimination and safety improvements through the Federal Section 130 funds. The Section 130 program is a federally funded program, administered by the states, for the elimination of hazards at at-grade highway-rail crossings.
Section 130 funding can reimburse the actual and direct costs of the design and construction of the improvements recommended which are done subsequent to Caltrans executing a contract and issuing the notice to proceed. The CPUC Rail Crossing Engineering Section staff itemized the safety improvements to be funded under the Section 130 program for the above noted crossing, as developed by the diagnostic team.
The diagnostic team analyzed the existing situation with respect to vehicular travel, bicycle travel, pedestrian pathways and rail traffic, and determined the identified improvements will increase safety and that these improvements are 100% fundable by the Section 130 Program after the issuance of the contract.
The recommended work is contracted through Caltrans. On April 25, 2019, the City Council approved an Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue in an amount of $465,750.00. The City is responsible to perform the project work that includes preparation of final plans, specifications and estimates ("PS&E") and the completion of the project construction.
Discussion:
On January 7, 2022, the City requested additional funds due to the current rising cost of construction. Caltrans agreed to increase the funds by $130,000.00, making the total contract value $595,750.00, and to extend the term from March 29, 2019 until June 30, 2023.
Fiscal Impact:
There is no direct fiscal impact to the City. The City will pay $595,750.00 to Caltrans and be reimbursed by Caltrans.
Recommendation:
It is recommended that the City Council approve Amendment No. 1 to the Agreement with the Caltrans.
Exhibits:
A. Amendment No. 1 to Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated January 27, 2022
B. Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019
JN/MH/UJ:jf
EXHIBIT A
Amendment No. 1 to Agreement with Caltrans and the City for the Stimson Avenue At- Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated January 27, 2022
[Attached]
STATE OF CALIFORNIA Industry Stimson Ave
DEPARTMENT OF TRANSPORTATION mendmer
Sheet 1 o
January 27, 2022
Item Budget Act Caltrans Project ID Unit Amount State Fiscal Year 2660-102-0890 2021-22
The find lived above are available for reperiod and purpose 01 operature sued herein and apla 300 edmen.
CONTRACT AMENDMENT SERVICE CONTRACT: 75LX320
Stimson Avenue, City of Industry CA PROJECT NUMBER: STPLR-7500(258) Caltrans Division of Local Assistance The numbers above shall be included with all invoices submitted to Caltrans Office of Federal Programs
P.O. Box 942874, MS 1 Highway Railroad Grade Crossing Safety Program (Section 130) Sacramento, CA 94274-0001
RAILROAD: City of Industry Effective Date of Contract: March 29, 2019 ADDRESS: 225 North Hacienda Boulevard, Amended Expiration Date June 30 2023 Suite 222
Phone: Industry, CA 91744 $465,750.00
(626) 333-2211 Contract
Additional Funds Amend #1 $130,000.00
Total Contract $595,750.00
WHEREAS: Service Contract 75L320, dated March 29, 2019, provided $465,750 roadway and pedestrian safety improvements at Stimson Avenue and the Union Pacific Railroad Company's tracks, CPUC No. 003-18.30 / LA-2546 and Federal DOT No. 810871U;
WHEREAS, the local conditions have changed and have required reevaluation of the project plans and; WHEREAS, interagency project plans review and coordination between the Local Agency, CPUC, Caltrans, and the UPRR has caused project delays and;
WHEREAS, an additional project scope to obtain Access Rights and Access Agreements is necessary to complete the project and; WHEREAS, updated project costs require additional funding in the amount of $130,000.00 as requested by the City of Industry and;
WHEREAS, a time extension to complete, construction and all other requirements has been requested by the City of Industry.
NOW THEREFORE, that all terms and conditions of Service Contract No. 75LX320, as amended, shall remain in full force and effect except: it is mutually agreed by the parties hereto; the contract dollar amount shall be amended with $130,000.00 of additional funds for a total contract value of $595,750.00 for all scope of work items, and the operation date is hereby extended from March 29, 2019, until June 30, 2023.
IN WITNESS WHEREOF, the parties have duly executed this contract as of the dates shown below with the effective date shown above.
CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF INDUSTRY By _ By.
office of Federal Program
'altrans Local Assistance
Title_ Section 130 Program Manager Title
Date Date
EXHIBIT B
Agreement with Caltrans and the City for the Stimson Avenue At-Grade Railroad Crossing at Los Angeles subdivision just north of Gale Avenue dated March 29, 2019 [Attached]
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 1 of 12
March 29, 2019
Unit Project ID Phase Object Amount FY Encumbrance Doc No. 3811 0017000245 S 049 $465,750 2017/2018 75LX320
Item Chapter Statutes Fiscal Year
2660-102-0890 14 2017 2017/2018
I hereby certify upon my own personal knowledge that budgeted funds are PROGRAM SUPPLEMENT NO: 75LX320 available for the period and purpose of the expenditure stated herein. PROJECT NUMBER: STPLR-7500(258) Signature of Accounting Offer Date The numbers above are to be placed on all invoices which shall be mailed to:
Kait 5117/19
LOCAL AGENCY: City of Industry Effective Date of Contract: March 29, 2019 ADDRESS: 225 North Hacienda Boulevard, Suite 222 Or upon signature, whichever is later Industry, CA 91744
Phone: (626) 333-2211 Expiration Date of Contract: March 29, 2022 The City of Industry (hereinafter referred to as Local Agency) hereby agrees to do the work set forth herein for the State of California, Department of Transportation (hereinafter referred to as Caltrans) in accordance with all applicable laws including but not limited to, California Streets and Highways Code section 114(b) and California Government Code 14038 and regulations and the provisions of this form including the attached sheets and Exhibits A - D. This Agreement shall be effective March 29, 2019, the date herein as listed or when executed by all parties, whichever is later and is subject to all the terms and conditions thereof. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. All Project costs must also comply with the corresponding Exhibit D, E-76 approval dated December 7, 2017. The work is located in the City of Industry, at the grade crossing located at the intersection of Stimson Avenue and the Union Pacific Railroad (hereinafter referred to as Railroad) tracks, CPUC No. 003-18.30, Federal DOT No. 810871U. All work to be completed by Local Agency under the terms of this Contract is described in Exhibit A (hereinafter referred to as Project).
Total Cost Estimate: $345,000
Engineering/Administration $85,250
Contingency/Inflation Factor: $34,500
TOTAL PROJECT COST: $465,750
TOTAL AMOUNT OF THIS
CONTRACT: $465,750
It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors hired by the Local Agency pursuant to its own policies and procedures and that none are employees of Caltrans.
Further, Caltrans hereby agrees to the terms as above set forth, and hereby agrees to pay the actual allowable costs incurred up to the limit set forth herein; provided, that by mutual consent of the Local Agency and Caltrans, this contract may be modified or terminated at any time.
IN WITNESS WHEREOF, the parties to this contract have hereunto set their hand the year and date first above written.
CITY OF INDUSTRY
ALLORA DEPARIMENT OF TRANSPORTATION
By_
Branch Chief
proved Sonal Title LIT MANAGER
5/17/1 Date: 4-25-19
STATE OF CALIFORNIA Contract No: 751.X320
DEPARTMENT OF TRANSPORTATION Sheet 2 of 12
March 29, 2019
1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that might occur if the contract were executed after appropriations are actually made.
2. This contract is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Government or the California State Legislature for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, contract shall be amended to reflect any reduction of funds.
3. This service contract is for the elimination of hazards at Railroad-Highway intersections (crossings) with funds provided to Caltrans under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Caltrans, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary; Caltrans acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC.
4. The total actual allowable costs reimbursable by Caltrans under this Service Contract, shall not exceed $465,750. This agreement authorizes reimbursement of eligible costs incurred during the term of this agreement. All Project costs must also comply with the corresponding Exhibit D, E-76 approval dated December 7, 2017.
5. The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Caltrans. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Caltrans until sufficient State or Federal funds have been obligated for the project. State liability pursuant to this contract is limited to the amount set forth in this contract.
6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Caltrans and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. Local Agency agrees to perform its work in accordance with FHWA-1273, a true and correct copy of which is attached hereto. Caltrans is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways.
7. The Local Agency shall comply with the Buy America provisions set forth in 23 CFR 635.410 for the Project, for steel, iron and manufactured goods produced in the United States, subject to the conditions therein set forth.
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 3 of 12
March 29, 2019
8. Any person, company or corporation who performs construction work authorized under terms of this contract must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement.
9. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located.
10. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction.
11. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to federal law regulation and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad-highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Caltrans by Local Agency as soon as it is executed.
12. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Caltrans' Audits and Investigations.
13. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto.
14. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTC are not permitted.
15. Local Agency invoice procedures shall conform to the California State Department of Transportation, Division of Rail and Mass Transportation, Railroad Crossing Safety Branch's Invoice Guidelines for Local Agencies. Correspondence and/or invoices are to be sent to:
California Department of Transportation, Division of Rail and Mass Transportation, P. O. Box 942874, MS 74, Sacramento, California 94274, if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail and Mass Transportation, 1415 11" Street, MS 74, Sacramento, California 95814.
16. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Caltrans invoices for actual allowable costs incurred consistent with the Exhibit A attached STATE OF CALIFORNIA Contract No: 75I.X320
DEPARTMENT OF TRANSPORTATION Sheet 4 of 12
March 29, 2019
hereto. Caltrans will review the invoice for compliance with this contract. Payment will be made by Caltrans to Local Agency within forty-five (45) days of the date of receipt of an invoice by Caltrans, unless disputed. Invoices which are determined not in compliance, or include unallowable costs will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Caltrans as prescribed above.
17. The Local Agency, upon completion of the Project work, will provide to Caltrans a written declaration/notification that the Project has been final billed and ready to be closed. This declaration shall be based upon actual allowable Project cost, Project Scope and Project cost limits set forth herein. Upon receipt of this declaration, Caltrans will pay all outstanding allowable invoiced Project costs. If upon final accounting, it is determined that Caltrans previously paid more than its share of said project, Local Agency shall refund the difference between Caltrans' share and the amount paid by Caltrans. All records of the Local Agency, its contractors and subcontractors are subject to audit by representatives of the State of California and Federal Highway Administration. Such records will be retained and made immediately available for inspection by Caltrans' Auditors for a period of three years from Caltrans' date of final payment of aforementioned final invoice. Further, Local Agency agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Contract. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
18. All work to be done hereunder by Local Agency shall be done only by its employees on a force account basis, or by contractors, the cost thereof to be paid to Local Agency by Caltrans in the manner hereinafter set forth.
19. Local Agency agrees that the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be used to determine the allowable individual items of indirect cost. Local Agency agrees to comply with the applicable Federal procedures in accordance with Office of Management and Budget Circular 2 CFR 200.
20. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein and made a part hereof.
21. An itemized estimate of the cost of the work to be performed by Local Agency is attached hereto as a part of Exhibit B and made a part hereof.
22. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto.
23. The Local Agency has 180 days after the expiration date of this contract to submit the final invoice to Caltrans for verification and payment.
24. In accordance with the California Public Utilities Commission General Orders, and in cooperation with the Railroad, the Local Agency shall maintain the Project improvements located in its right of way.
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 5 of 12
March 29, 2019
25. Subject to the availability of labor and material and securing the required and necessary permits and approvals, it is the intent of the parties hereto that all construction work under this service contract shall be completed within three years after the effective date of this contract, unless a time extension is requested by Local Agency and approved in writing by Caltrans. The expiration date of this contract is shown on the face sheet. Costs incurred prior to the effective date of contract or after the expiration date of contract are unallowable and shall not be billed by the Local Agency to Caltrans.
26. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in this Contract is binding on any of the parties.
27. ASSIGNMENT: This Contract is not assignable, in whole or in part, without the consent of Caltrans in the form of a formal written amendment.
28. AUDIT: Local Agency agrees that Caltrans or its designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Contract. Local Agency agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Local Agency agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
29. INDEMNIFICATION: Local Agency agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation or damage results from the sole or active negligence of Caltrans.
30. DISPUTES: Local Agency shall continue to perform under this Contract during any dispute.
31. TERMINATION FOR CAUSE: Caltrans may terminate this Contract and be relieved of any payments should the Local Agency fail to perform the requirements of this Contract at the time and in the manner herein provided. In the event of such termination Caltrans may proceed with the work in any manner deemed proper by Caltrans. All costs to Caltrans shall be deducted from any sum due the Local Agency under this Contract and the balance, if any, shall be paid to the Local Agency upon demand.
32. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of Caltrans or State.
33. NON-DISCRIMINATION CLAUSE: During the performance of this Contract, Local Agency and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, STATE OF CALIFORNIA Contract No: 75L X320
DEPARTMENT OF TRANSPORTATION Sheet 6 of 12
March 29, 2019
national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor 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. Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
34. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
35. ANTITRUST CLAIMS: The Local Agency by signing this Contract hereby certifies that if these services or goods are obtained by means of a competitive bid, the Local Agency shall comply with the requirements of the Government Code Sections set out below:
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 7 of 12
March 29, 2019
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
36. CHILD SUPPORT COMPLIANCE ACT: "For any Contract in excess of $100,000, the Local Agency acknowledges in accordance with Public Contract Code 7110, that:
a. The Local Agency recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Local Agency, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."
37. UNENFORCEABLE PROVISION: In the event that any provision of this Contract is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Contract have force and effect and shall not be affected thereby.
38. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Public Contract Code Section 10353.
This contract will expire on March 29, 2022. Expiration of this Contract does not release any party hereto from any ongoing performance requirements agreed to herein.
STATE OF CALIFORNIA Contract No: 75L.X320
DEPARTMENT OF TRANSPORTATION Sheet 8 of 12
March 29, 2019
Exhibit A
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Scope of Work
Reconstruct approximately 50 feet of concrete sidewalk in each of the four approach quadrants.
Install detectable warning (tactile strips) on all sidewalk approaches.
Replace existing AC pavement with Concrete pavement for approximately 150 feet on both approaches.
Note the CPUC Std 8 and Concrete Panel Surfacing shown on Exhibit C are not part of the work for this contract.
::. STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 9 of 12
March 29, 2019
Exhibit B
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Cost Estimate
Unit
Work Item Quantity Unit Cost Total
Cold Mill Asphalt Concrete 18000 SF 5 90000
Concrete Pavement 500 TON 150 75000
Sidewalk (4" PCC) 1600 SF 50 80000
Curb and Gutter 200 LF 75 15000
Striping & Signage 1 LS 15000 15000
Permit and Flagging Fees 1 LS 30000 30000
Mobilization 1 LS 15000 15000
Traffic Control 1 LS 25000 25000
Subtotal $345,000
Contingency 10% 34500
Construction Administration & Inspection 10% 34500
Construction Engineering 15% 51750
Total Cost Estimate $465,750
STATE OF CALIFORNIA Contract No: 75LX320
DEPARTMENT OF TRANSPORTATION Sheet 10 ol 12
March 29, 2019
Exhibit C
Fed Xing ID: 810871U
CPUC ID: 003-18.30
Drawing
Reconstruct Sidewalk
& Detectable
Warning
- Install CPUC Std 8
Install CPUC Std 8
- Install Concrete
Panel Surfacing
Repave Approaches
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 07-LA-O-IDY PROJECT LOCATION:
PREFIX: STPLR STIMSON AVENUE AT THE UPRR CROSSING
TYPE OF WORK:
SEQ NO: GRADE CROSSING HAZARD ELIMINATION PREV AUTH / AGREE DATES:
STATE PROJ NO: 0017000245L-N FED RR NO'S: 810871 PE:
AGENCY: INDUSTRY PUC CODES: 003- RAN:
ROUTE: PROJ OVERSIGHT: ASSUMED/LOCAL ADMIN CON:
DISASTER NO: ENV STATUS / DT: CAT EXCL-PROG 11/28/2017 SPR:
RW STATUS / DT: 1 11/28/2017 MCS:
SCAG INV RTE: OTH:
FSTIP YR: 17/18 BEG MP:
STIP REF: END MP:
FSTIP ID NO: null
BRIDGE NO:
PROG CODE LINE NO IMPV TYPE FUNG SYS URBAN AREA URB/RURAL DEMO ID MS5E 30 22
ZS40 30 22
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST
PREV. OBLIGATION $0.00 $0.00
PE THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
PREV. OBLIGATION S0.00 50.00
THIS REQUEST $0.00 $0.00
DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA
SUBTOTAL $0.00 $0.00
PREV. OBLIGATION $0.00 $0.00 E-76 CPUC ID: 003-18.30 Fed Xing ID: 810871U Exhibit D CON THIS REQUEST $1,310,750.00 $1,310,750.00
SUBTOTAL $1,310,750.00 $1,310,750.00
PREV. OBLIGATION $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00
SUBTOTAL $0.00 $0.00
TOTAL: $1,310,750.00 $1,310,750.00
STATE REMARKS
11/28/2017 Sequence 1 obligates federal funds to a Section 130 Grade Crossing Hazard Elimination project on the CPUC priority list.
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST: CON PREPARED IN FADS BY: RIOS, NOEMI • Contract No: 75LX320 FOR: REVIEWED IN FADS BY: RUIZ, CARLOS
DOCUMENT TYPE: AAGR SUBMITTED IN FADS BY: RUIZ, CARLOS 66666 February 28, 2019 PROCESSED IN FADS BY: FOGLE, JERILYNN Sheet 11 of 12
E-76 AUTHORIZED DATE IN FMIS BY: JIYOUNG AHN
SIGNATURE HISTORY FOR PROJECT NUMBER 7500(258) AS OF 05124/2018
FHWA FMIS SIGNATURE HISTORY
MOD# SIGNED BY SIGNED ON
JERILYNN FOGLE 12/06/2017
LAMIN WILLIAMS 12/07/2017
JIYOUNG AHN 12/07/2017
• FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE RUIZ, CARLOS 12/01/2017
Note the total amount for this contract is $465,750. Fed Xing ID: 810871U DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA E-76 CPUC ID: 003-18.30 Exhibit D
February 28, 2019 Sheet 12 of 12 Contract No: 75LX320
• i
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
1. General
Il. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
Contract Work Hours and Safely Standards Act
Pollution Control Act
X. Compliance with Governmentwide Suspension and parole, supervised release, or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
I. GENERAL
In addition, the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625-1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR subcontracts (excluding purchase orders, rental agreements Parts 200, 230, and 633. and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-lier subcontractor or service provider.
Note: The U.S. Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29 subcontracts (excluding subcontracts for design services, The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as for compliance by any subcontractor, lower-tier subcontractor amended (29 USC 794), and Title VI of the Civil Rights Act of or service provider. 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix Form FHWA-1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S. referenced) in all contracts, subcontracts and lower-tier Department of Labor (US DOL) and FHWA requirements. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35, sections, these contract provisions shall apply to all work 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23 Immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework, station work, or by subcontract. action standards for the contractor's project activities under 1 this contract. The provisions of the Americans with Disabilities 4. Recruitment: When advertising for employees, the Acl of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer." All such contract. In the execution of this contract, the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement, the contractor will identify sources of potential minorily group employees, and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration.
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the nalional origin, age or disabillty. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, implementation of such an agreement has the effect of including apprenticeship, pre-apprenticeship, and/or on-the- discriminating against minorities or women, or obligates the job training." contractor to do the same, such implementation violates Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage Its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Informalion and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
SO.
5. Personnel Actions: Wages, working conditions, and
3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national cognizant of, and will implement, the contractor's EEO policy origin, age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months, at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer.
c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer, covering discrimination, Where evidence is found, the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment fo the project will be instructed by the EEO Officer in the d. The contractor will promptly Investigate all complaints of comractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time, If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. mplement such policy will be brought to the attention o employees by means of meetings, employee handbooks, or 6. Training and Promotion:
other appropriate means.
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there emplovees in the type of trade or job classification involved under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship, and on-the-job training programs for the and Leasing of Equipment: The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex, special provision for training is provided under this contract, national origin, age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor, either directly or through a contractor's association acting as agent, will include the procedures set b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions, joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract, which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor, the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have been made to obtain such information. (1) The number and work hours of minority and non- minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, (2) The progress and efforts being made in cooperation through independent recruitment efforts, fill the employment with unions, when applicable, to increase employment vacancies without regard to race, color, religion, sex, national opportunities for minorities and women; and origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3) The progress and efforts being made in locating, hiring, to provide sufficient referrals (even though it is obligated to training, qualifying, and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project, indicating the number of minority, women, and pursuant to Executive Order 11246, as amended, and these non-minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants / the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision, the contractor 3 will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions employment dala should reflect the work force on board during кон нотно, made or costs incurred for more than a weekly period (but not all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs July. which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to This provision is applicable to all Federal-aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensaled at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this use by written or oral policies nor tolerate such use by section) and the Davis-Bacon poster (WH-1321) shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location, under the contractor's control, where it can be easily seen by the workers. the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, b. (1) The contracting officer shall require that any class of time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers, which is not ilsted in storage or dressing areas, parking lols, drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas, transportation, and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination. The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (l) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The (il) The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry; and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (ill) The proposed wage rate, including any bona fide local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects.
(2) If the contractor and the laborers and mechanics to be The following provisions are from the U.S. Department of employed in the classification (if known), or their Labor regulations in 29 CFR 5.5 "Contract provisions and representatives, and the contracting officer agree on the related matters" with minor revisions to conform to the FHWA- classification and wage rate (including the amount
1273 format and FHWA program requirements. designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized a. All laborers and mechanics employed or working upon representative, will approve, modify, or disapprove every the site of the work, will be paid unconditionally and not less additional classification action within 30 days of receipt and often than once a week, and without subsequent deduction or so advise the contracting officer or will notify the contracting rebate on any account (except such payroll deductions as are officer within the 30-day period that additional time is permitted by regulations issued by the Secretary of Labor necessary.
under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate (including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the and mechanics. contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer, to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2) of the Davis-Bacon determination. The Wage and Hour Administrator, or an Act on behalf of laborers or mechanics are considered wages authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or paid to such laborers or mechanics, subject to the provisions 4 will notify the contracting officer within the 30-day period that Bacon Act, the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the (4) The wage rate (including fringe benefits where laborers or mechanics affected, and records which show the appropriate) determined pursuant to paragraphs 1.b.(2) or costs anticipated or the actual cost incurred in providing such
1.b.(3) of this section, shall be paid to all workers performing benefits. Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification. registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and c. Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination b. (1) The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social other third person, the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee ( under a plan or program, Provided, That the Secretary of e.g., the last four diglts of the employee's social security Labor has found, upon the written request of the contractor, number). The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired. Optional Form WH-347 is been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements, which is held by the same prime contractor, so records, without weekly submission to the contracting agency.. much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the füll amount of wages atement of Compliance," signed by the contractor bcontractor or his or her agent who pays or supervises 1 required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic, including any apprentice, trainee, or certify the following:
helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the may be necessary to cause the suspension of any further Information required to be provided under §5.5 (a)(3)(ii) of payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information Is have ceased.
3. Payrolls and basic records
(ii) That each laborer or mechanic (including each
a. Pavrolls and basic records relating thereto shall be helper, apprentice, and traine) employed on the contract maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records nal contain the name. a
hall contain the name address and sail seen our are ndireclly from the full wages earned, other thar of wages paid (including rates of contributions or costs permissible deductions as set forth in Regulations. 29 CF anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, (iii) That each laborer or mechanic has been paid no deductions made and actual wages paid. Whenever the less than the applicable wage rates and fringe benefits o ecretary of Labor has found under 29 CFR 5.5(a)(1)(iv) tha he wages of any laborer or mechanic include the amount of ny costs reasonably anticipated in providing benefits under an or program described in section 1(b)(2Y8) of the Davis 5 (3) The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance" required by paragraph 3.b.(2) of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines thal a different (4) The falsification of any of the above certifications may practice prevails for the applicable apprentice classification, subject the contractor or subcontractor to civil or criminal fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
c. The contractor or subcontractor shall make the records recognized by the Office, withdraws approval of an
required under paragraph 3.a. of this section available for apprenticeship program, the contractor will no longer be Inspection, copying, or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency, the State DOT, the predetermined rate for the work performed until an acceptable HWA, or the Department of Labor, and shall permit such
program is approved.
representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, b. Trainees (programs of the USDOL). after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be cause the suspension of any further payment, advance, or permitted to work at less than the predetermined rate for the guarantee of funds. Furthermore, failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
4. Apprentices and trainees Administration.
a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permilted under the plan approved by the
Employment and Training Administration.
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services, or with specified in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division delermines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency (where appropriate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan The allowable ratio of apprentices to Journeymen on the job approved by the Employment and Training Administration shall site in any craft classification shall not be greater than the ratio be pald not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classificalion of work actually performed. the registered program. Any worker listed on a payroll at an In addition, any trainee performing work on the job site in apprentice wage rate, who is not registered or otherwise excess of the ratio permitled under the registered program employed as stated above, shall be paid not less than the shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the
wage determination for the work actually performed.
classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage delermination withdraws approval of a training program, the contractor will no for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which Its program is registered, the ratios and wage acceptable program is approved. rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29 specified in the registered program for the apprentice's level of CFR part 30. progress, expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees (programs of the U.S. DOT).
V. CONTRACT WORK HOURS AND SAFETY
Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of $100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics the particular program. include watchmen and guards.
5. Compliance with Copeland Act requirements. The 1. Overtime requirements, No contractor or subcontractor contractor shall comply with the requirements of 29 FR part contracting for any part of the contract work which may require 3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
6. Subcontracts. The contractor or subcontractor shall insert work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier than one and one-half times the basic rate of pay for all hours subcontracts. The prime contractor shall be responsible for the worked in excess of forly hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
7. Contract termination: debarment. A breach of the
in paragraph (1) of this section, the contractor and any contract clauses in 29 CFR 5.5 may be grounds for termination subcontractor responsible therefor shall be liable for the of the contract, and for debarment as a contractor and a unpaid wages. In addition, such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such
8. Compliance with Davis-Bacon and Related Act District or to such territory), for liquidated damages. Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or
9. Disputes concerning labor standards. Disputes arising permitted to work in excess of the standard workweek of forty out of the labor standards provisions of this contract shall not hours without payment of the overtime wages required by the be subject to the general disputes clause of this contract. Such clause set forth in paragraph (1.) of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages. between the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own aclion contracting agency, the U.S. Department of Labor, or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
10. Certification of eligibility. other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safely Standards Act, which is held by the same ime contractor, such sums as may be determined to t
acessary to satisfy any liabilities of such contractor
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this . No part of this contract shall be subcontracted to any perso r firm ineligible for award of a Government contract by virtue 4. Subcontracts. The contractor or subcontractor shall inser of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tie c. The penally for making false statements is prescribed in the subcontracts. The prime contractor shall be responsible for J.S. Criminal Code, 18 U.S.C. 1001. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.
evidenced in writing and that it contains all pertinent provisions VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5. The 30% self-performance requirement of paragraph (1) is contracts on the National Highway System. not applicable to design-build contracts; however, contracting agencies may establish their own self-performance
1. The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items VII. SAFETY: ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision Is applicable to all Federal-aid specially items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The a. The term "perform work with its own organization" refers contractor shall provide all safeguards, safely devices and to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor, or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract, and shall be made a employees may only be included in this term if the prime condition of each subcontract, which the contractor enters into contractor meets all of the following conditions: pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance (1) the prime contractor maintains control over the of the contract, to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary, hazardous or dangerous to his/her employees; health or safety, as determined under construction safely and (2) the prime contractor remains responsible for the quality health standards (29 FR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U.S.C. 3704). (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract the payment of predetermined minimum wages, the that the Secretary of Labor or authorized representative submission of payrolls, statements of compliance and all thereof, shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b. "Specially Items" shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge, abllities, or Contract Work Hours and Safety Standards Act (40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIlI. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of This provision is applicable to all Federal-ald material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high
3. The contractor shall furnish (a) a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal- direct performance of the work in accordance with the contract ald highway projects, it is essential that all persons concerned requirements, and is in charge of all construction operations with the project perform their functions as carefully, thoroughly. (regardless of who performs the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the engineering services) as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
4. No portion of the contract shall be sublet, assigned or Federal-aid highway project (23 CFR 635) in one or more otherwise disposed of except with the writen consent of the places where it is readily available to all persons concerned contracting officer, or authorized representative, and such with the project:
consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is 8 "Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first tier participant shall States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be false statement, false representation, or false report as to the considered in connection with the department or agency's character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However, be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans, maps, specifications, contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation; or c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered character, quality, quantity, or cost of any work performed or to an erroneous certification, in addition to other remedies be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of changed and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred," years or both." "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions" refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor).
Federal-ald construction contractor, or subcontractor, as Participant" refers any participant who has entered into a appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier
2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred, Included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts, design-build contracts, subcontracts, lower-tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended,
1. Instructions for Certification - First Tier Participants: debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as a. By signing and submitting this proposal, the prospeclive the eligibility of any lower tier prospective participants, each irst tier participant is providing the certification set out below participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is b. The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to Including suspension and/or debarment. render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c. The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j. Except for transactions authorized under paragraph (f) of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred," person who is suspended, debarred, ineligible, or voluntarily "suspended," "ineligible," "participant," "person," "principal," excluded from participation in this transaction, in addition to and "voluntarily excluded," as used in this clause, are defined other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or
***** subgrantee of Federal funds and a participant (such as the "Lower Tier Covered Transactions"
2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion - First Tier Transaction (such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief, that it and its principals: Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal e. The prospective lower tier participant agrees by department or agency: submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this a public (Federal, State or local) transaction or contract under transaction originated. a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and civilly charged by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding local) with commission of any of the offenses enumerated in the $25,000 threshold. paragraph (a)(2) of this certification; and
g. A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred, suspended, ineligible, or (Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification, such prospective debarred, or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each
2. Instructions for Certification - Lower Tier Participants: participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior HWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause. The . By signing and submitting this proposal, the prospective knowledge and information of participant is not required to ower tier is providing the certification set out below exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification, in addition to other remedies available to the person who is suspended, debarred, ineligible, or voluntarily Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
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XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or emplovee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the reauired
510,00 and hol fore than 51000 or ely such fal trea
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be Included in all lower ter subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11 ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Seclions 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employer y the contractor on the contract work, except as provided ir subparagraph (4) below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Emplovment
Service. The contractor is not required to grant employment lo any job applicants who, in his opinion, are not qualified to perform the classification of work required.
i. If, within one week following the placing of a job order b he contractor with the State Employment Service, the Stat Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the Stale Employment Service will forward a
certificate to the contractor indicating the unavailability of • Such certificale shall be made a part of the
sericate, the contractor may employ person ecold of this normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.
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