HomeMy WebLinkAbout _ 4.11(c)--Accept Grant and Adopt Resolution for Eastside Rd. Railroad Crossing ImprovementsC IT Y OF
REMDINO�"
AN CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: February 6, 2024
FROM: Michael Webb, Public Works
ITEM NO. 4.11(c)
Director
***APPROVED
BY***
Am 6eau *'orksMirectcrs
t f9/2024ry
tpis n, Ci ars e 1/30/2024
mwebb@cityofredding.org
btippin@cityofredding.org
UBJECT: 4.11(c) --Accept Grant and Adopt Budget Resolution to appropriate funds for the
F
astside Road Railroad Crossing Improvements Project.
Recommendation
Authorize the following relative to the State of California Public Utilities Commission Section
130 Federal grant for the Eastside Road Railroad Crossing Improvements Project:
(1) Accept the Federal Section 130 grant funds; and
(2) Adopt Resolution approving the 28th Amendment to City Budget Resolution No. 2023-
060 to appropriate $80,000 in grant funding for the project.
Fiscal Impact
The Project costs are 100 percent funded by California Public Utilities Commission (CPUC)
Section 130 Railway -Highway Crossing (Section 130) grant program. The only costs that are not
eligible for reimbursement are those associated with right-of-way. No right-of-way costs are
anticipated at this time. However, if during the project development process right-of-way is
required, staff will determine appropriate funding sources and return to City Council (Council),
if necessary.
Alternative Action
The Council may choose not to accept the Section 130 grant funds for the Eastside Road
Railroad Crossing Improvements Project. The City of Redding (City) would not be able to fund
any of the City's portion of the hazard elimination and safety improvements at the Eastside Road
Railroad crossing and would have to wait for future grant funding opportunities or identify other
City funding sources.
Report to Redding City Council January 31, 2024
Re: 4.11(c) --Accept Grant and Adopt Resolution for Eastside Rd. Railroad Crossing
Improvements Page 2
Background/Analysis
City staff is partnering with the Union Pacific Railroad (UPRR) on a Section 130 Program grant
for funding of the Eastside Road Railroad Crossing Improvements Project, with UPRR as the
primary applicant. The Federal. Section 1.30 Program provides project funding for hazard
elimination and safety improvement projects for railroad at -grade crossings and is administered
by the California Department of Transportation (Caltrans).
The City and representatives from Caltrans, UPRR, and the CPUC met to field -review the
Eastside Road at -grade highway rail crossing. The safety issues and concerns identified by the
group included motorists failing to yield to trains; skew train track crossing with substandard
sight distance for trains traveling southwest -bound; general lack of effectiveness of the passive
train track crossing warning devices; and a lack of street lighting.
The City improvements would occur on Eastside Road and include modifications to street
signage/striping, and installation of street lighting near the crossing. The signage/striping
improvements have been completed with the City's Replace AC Surfacing 2022 project. These
funds will allow installation of street lighting as well as staff time to coordinate the UPRR
improvements. The UPRR improvements include upgrading from passive to active warning
signals and crossarms, along with replacement of concrete panels to accommodate pedestrians
and bicyclists, and associated improvements.
On August 16, 2016 Council authorized the City Manager, or the Director of Public Works to
execute Master Agreement No. 02-5068F15 and any revisions or Program Supplements for
Federal Aid Projects. Therefore, Council has previously authorized designated staff to execute
the Program Supplement for this project.
Environmental Review
Funding acceptance is not a project as defined by the California Environmental Quality Act
(CEQA), and no action is required at this time. Staff will request that Council make a CEQA
determination for the Eastside Road Railroad Crossing Improvements Project after technical
environmental studies are conducted.
Council Priority/City Manager Goals
• Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
Attachments
^Resolution
^Location Map
^Program Supplement
W193 1► \1 I ,
A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE
28TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060
APPROPRIATING $80,000 IN FEDERAL GRANT FUNDING FOR THE EASTSIDE
ROAD RAILROAD CROSSING PROJECT FOR FISCAL YEAR 2023-2024
BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF REDDING
THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:
FUND DIVISION DESCRIPTION INCREASE DECREASE
151 1671 Transportation Grant Projects $80,000
THAT account titles and numbers requiring adjustments by this Resolution are as follows:
Increase (Decrease) Revenue
Federal Grant Capital -
151-1671-3608001-00000 Public Works
Increase Expenditures
151-1671-7700004-00000 Streets
USE SOURCE
OF FUNDS OF FUNDS
$ 80,000
$ 80,000
Total $ 80,000 $ 80,000
THAT the purpose is to appropriate $80,000 in Federal grant funding for the Eastside Road Railroad
Crossing project for the fiscal year 2023-2024.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City
Council of the City of Redding on the 6th day of February, 2024, and was duly adopted at said
meeting by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ATTEST:
SHARLENE TIPTON, City Clerk
TENESSA AUDETTE, Mayor
CHRISTIAN M. CURTIS, City Attorney
BR- - A'NSTETTE
PUBLIC WORKS
DEPARTMENT
HASTSIDE -DRAILROAD
CROSSING
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 1 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
Item
Chapter
Budget Act
Caltrans Project ID
Unit
Amount
State Fiscal
Year
2660-102-0890
1 12
2023
1 0223000173
1 3328
1 $80,000.00
202312024
The lands listed above are available tor the period and purpose of the expenditures stated herein.
PROJECT NUMBER (FED ID); STPLR-130L(302)
Railway -Highway Crossings Program
CALTRANS ACCOUNTING ID: 0223000173
Section 130 Program Supplement
PROGRAM SUPPLEMENT: 50LP302
Eastside Road, Redding
LOCODE: 5068
The numbers above shall be included with all invoices submitted to Caltrans
Office of Federal Programs — Section 130
Caltrans Division of Local Assistance
P.O. Box 942874, MS 1
Sacramento, CA 94274-0001.
LOCAL
City of Redding
Effective Date of Program Supplement: October 26, 2023
AGENCY:
777 Cypress Ave
ADDRESS:
Redding, CA 96001
PHONE:
530.225.4170
Expiration Date of Program Supplement December 31, 2026
The City of Redding (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 the terms
set established for Federal -Aid Funding under Local Agency Master Agreement FEDFUNDSIS #02-5068F1.5 and
in accordance with the covenants set forth in this Program Supplement, including but not limited to, California
Streets and Highways Code section 114(b) and California Government Code 14038 and the specific regulations and
the provisions of this form including Exhibits A, B and C.
This Program Supplement shall be effective the date defined herein and when executed by all parties and is subject
to all the terms and conditions thereof and authorizes reimbursement of eligible costs incurred during the effective
dates of this agreement.
The work is located in the City of Redding, Shasta County at the grade crossing of Eastside Road and the Union
Pacific Railroad (UPRR) tracks, identified as; California Public Utilities Commission (CPUC) ID # 001C-
255.00 -C / SHA -1024. All work to be completed by Local Agency under the terms of this Contract is described in
Exhibit A (hereinafter referred to as Project).
Under this agreement, funding is authorized for work in phases, beginning with the Preliminary Engineering (PE)
phase. Additional funding to complete this Program Supplement will only be provided through the execution of
amendments for additional work and with authorization for subsequent phase(s); Right of Way/Utility Relocation.
(RW), Construction (CON)/Construction Engineering (CE).
AMOUNT OF PROGRAM SUPPLEMENT $80,000.00
(Preliminary Engineering)
It is expressly agreed that all persons engaged on this work are employees of the Local Agency and/or contractors
hired by the Local Agencypursuant to its own policies andprocedures 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 Program Supplement may be modified at any time.
[Signatures are on the next page.]
91
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
SECTION 1.30 PROGRAM SUPPLEMENT
Eastside Road, Redding
Sheet 2 of 11
December 8, 2023
STPLR-130L(302)
CALTRANS ACCOUNTING ID: 0223000173
PROGRAM SUPPLEMENT: 50LP302
LOCODE: 5068
IN WITNESS WHEREOF, the parties have duly executed this Program Supplement as of the dates shown below
with the effective date being the later hereunder.
CALIFORNIA DEPARTMENT OF TRANSPORTATION
Signature
Name Bruce Roberts
Title Caltrans Section 130 Program Manager
Date
Signature
Name
Title
Date
CITY OF REDDING
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 3 of I I
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
1. It is mutually understood between the parties that this Program Supplement 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 Program Supplement were
executed after appropriations are actually made.
2. This Program Supplement 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 Program Supplement 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
Program Supplement in any manner. It is mutually agreed that if the Congress or the State Legislature does
not appropriate sufficient funds for the program, this Program Supplement shall be amended to reflect any
reduction of funds.
3. This Program Supplement is for the elimination of hazards at railway -highway crossings with funds
provided to Caltrans through the Federal Highway Administration (FHWA) for the Railway -Highway
Crossings (Section 130) Program (23 U.S. Code § 130) and in accordance with 23 USC 130(f), Section 130
projects are funded at a 1.00% federal share. Said elimination of hazards are a cooperative effort between
Local Agency, Railroads, Caltrans, and the CPUC. The CPUC has evaluated the railroad highway
intersection and determined what improvements are most likely necessary, Caltrans provides oversight and
stewardship for the federal funds provided to the Local Agency and the Railroad to design and construct the
Project.
4. The Local Agency agrees to participate in the concurrent efforts being undertaken by the Railroad under
separate contact with Caltrans. The Project's safety improvements are to be completed in an expeditious
manner without undue delay. Frequent coordination must be extended to the Railroad and the State Agencies
associated with the Program Supplement (CPUC & Caltrans). The Project is for improved public safety, as
such, the Local Agency is to Prosecute the Project Diligently through Completion. Caltrans under its
USDOT/FHWA Stewardship Agreement, 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
is reliant on the Local Agency to implement these safety improvements. Caltrans and Local Agency agree
that the Project work as provided herein, is pursuant to federal rules and regulations and shall adhere to the
guidance for local federal -aid projects as defined in the Caltrans Local Assistance Procedures Manual
(LAPM). Additionally, Local Agency agrees to ensure that all construction work is performed in accordance
with the provisions of Form FHWA-1.273.
5. The basis of the design for the work to be performed by the Local Agency is identified in Exhibit A and
made a part hereof (hereinafter referred to as Scope of Work). The Scope of work is based on; an analysis of
existing conditions, accident history, and scoping reviews, to define the initial mutually agreed upon
recommendations of improvements best suited for railroad -highways grade crossing hazards eliminations for
the specific location and is subject to refinements or revisions; based on field diagnosis meeting(s), the
progression of design, traffic engineering, signal pre-emption, or changed conditions, and only if approved by
Caltrans and CPUC.
6. The reimbursement of federal funds is limited to the amount shown on the E-76. Only work performed
after the date of federal authorization is eligible for federal reimbursement and all eligible reimbursements
must be incurred prior to the FHWA Project End Date (PED). The E-76 for the authorized work under this
supplement is attached hereto as Exhibit C, E-76 and made a part hereof.
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 4 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
7. Each phase of work; Preliminary Engineering (PE), Right of Way (R/W), Utility Relocation (R/W), and
Construction (CON), will require additional federal funds with authorization through the issuance of an
updated E-76 and an amendment to this Program Supplement. Any unexpended prior obligations from the
completed phase(s), will be carried forward and used in conjunction with the additional federal funds for the
next phase of work. All subsequent phases of work (R/W, CON) and any requests for additional funds, must
be initiated by the Local Agency, in compliance with the Caltrans Local Assistance Procedures Manual
(LAPM), aligned with the Project schedule and will be approved only if the state has sufficient Obligation
Authority (OA) and available federal funds to undertake this action.
8. If federal funds are not available for a requested Construction (CON) obligation, the local agency may
request in writing authorization to proceed with the project under the Local Assistance advance construction
procedures. Under local advance construction procedures, the local agency will use its own funds to perform
work eligible for future federal reimbursement. The local agency must have sufficient local funds to pay for
all project costs until such time as federal funds become available.
9. Federal funds that have been encumbered for this project are available for disbursement for limited periods
of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund
was appropriated within the State Budget Act to the applicable fund Reversion Date, per Government Code
Section 16304, all project funds not liquidated prior to the end of the last day of the state fiscal reversion year,
will revert unless an executed Cooperative Work Agreement extending these dates is requested by the Local.
Agency, supported by Caltrans and approved by the California Department of Finance.
10. Local Agency will not invoice for any work on the Project, nor will Local Agency purchase any materials,
until authorized through the execution of this Program Supplement. Authorization shall not be issued by
Caltrans until sufficient State or Federal funds have been obligated for the projects. State liability pursuant
to this Program Supplement is limited to the amount set forth in this Program Supplement
11. The Local Agency shall comply with Build America Buy America Act (BABA), enacted as part of
Infrastructure Investment and Jobs Act (IIJA, § 70912(2)), which requires the recipient of all federal -aid funds
to ensure all iron, steel, manufactured products, and construction materials used on projects are produced in
the United States. The Buy America provisions set forth in 23 CFR 635.41.0, for steel, iron and manufactured
goods produced in the United States, apply to the Project and are subject to the conditions therein set forth.
12. Any person, company or corporation who performs construction work authorized under terms of this
Program Supplement must have a valid and current 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.
1.3. Local Agency must coordinate Project work with the Railroad that owns and operates the tracks where
the Project is located, and Local Agency is wholly responsibly to execute and maintain all agreements required
by the Railroad for the Local Agency's access and encroachment over the crossing.
14. Local Agency will secure all legally required and necessary permits and approvals before commencing
Project construction.
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 5 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
1.5. 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 permission from the railroad. Project work done within
twenty-five feet of the centerline of the Railroad 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.
16. Any warning devices, medians, signs, pavement markings, structures, or other improvements, which may
be installed in conjunction with Project must be agreed upon between Railroad, the Local Agency, Caltrans
and the CPUC. The Railroad will be the lead applicant and coordinate with the Local Agency for the approval
of a CPUC General Order 88-B authorization of rail crossing modifications
17. 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.
1.8. Caltrans will reimburse the Local Agency on the basis of actual cost, not to exceed the Project costs set
forth herein. Any cost of the work determined by Caltrans to be not reimbursable, shall be borne and paid for
solely and exclusively by Local Agency.
1.9. Local Agency invoice procedures shall conform to the California Prompt Payment Act (Gov. Code § 927
et seq.) and submittals comply with LAPM procedures. Correspondence and/or invoices are by either/or:
By Email:
Documents can be sent to; invoices. section 130gdot.ca.
If by U.S. Mail:
Caltrans, Division of Local Assistance, Office of Federal Programs, MS -1 Section 130,
P.O. Box 942873, Sacramento, CA 94273-0001
If by Courier:
Caltrans, Division of Local Assistance, Office of Federal Programs, MS -1 Section 130,
1120 N Street, Room 2400, Sacramento, California 95814.
20. 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. Caltrans will review the invoice for compliance with
this Program Supplement. 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.
21. The Local Agency, upon completion of the work required of the Project, 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
19
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 6 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
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 Program Supplement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
22. Local Agency agrees to pay prevailing wages for the work performed, pursuant to the California Labor
Code § 1720, or any other applicable law.
23. 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.
24. The 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.
25. All applicable portions of 23CFR §140, Subpart I and 23 CFR §646, Subparts A and B are incorporated
into this Agreement by reference. are by reference incorporated herein and made a part hereof.
26. Caltrans agrees to reimburse Local Agency for qualified insurance expenses as authorized by 23 CFR
§646 et seq., and as set forth in the cost estimates or approved through amendment.
27. The Local Agency has 180 days after the expiration date of this Program Supplement to submit the final
invoice to Caltrans for verification and payment. No compensation or reimbursement is payable for any cost
or expense that is submitted on an invoice following 180 days after the expiration date of the Program
Supplement.
28. In accordance with the California Public Utilities Commission General Orders, and in cooperation with
the Railroad, the Local Agency shall maintain its Project improvements and shall either execute or update a
Construction and Maintenance (C&M) Agreement with the Railroad, prior to commencing construction
activities.
29. Subject to the availability of labor and material and securing the required and necessary permits and
approvals of phase authorizations, it is the intent of the parties hereto that all construction work under this
Program Supplement shall be completed within the effective date of this Program Supplement, unless a time
extension is requested by Local Agency and approved in writing by Caltrans. The expiration date of this
Program Supplement is shown on the face sheet. Costs incurred after the expiration date of Program
Supplement are unallowable and shall not be billed by the Local Agency to Caltrans.
30. AMENDMENT: No amendment or variation of the terms of this Program Supplement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or Agreement not
incorporated in this Program Supplement is binding on any of the parties.
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 7 of I I
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
31. ASSIGNMENT: This Program Supplement is not assignable, in whole or in part, without the consent of
Caltrans in the form of a formal written amendment.
32. 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 Program
Supplement at all reasonable times during the entire period of this Program Supplement and 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 auditor(s) access to such
records during normal business hours and to allow interviews of any employees who might reasonably have
information related to such records.
33. 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 Program Supplement, 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.
34. DISPUTES: Local Agency shall continue to perform under this Program Supplement during any dispute.
35. TERMINATION: State reserves the right to terminate this contract without cause upon 30 days written
notice to the Local Agency. In the event of a termination; failure to receive funding, failure to acquire the
required and necessary permits or approvals, loss of funding or inadequate funding for completion of the entire
Project, or absence of a concurrent but separate Caltrans contract with the Railroad (hereinafter referred to as
Terminating Event), State shall pay all actual Project costs incurred by Local Agency on the Project prior to
receiving notice of any of the Terminating Event, and for actual Project costs that cannot be reasonably avoided
following termination.
36. INDEPENDENT CONTRACTOR: Local Agency, and the agents and employees of Local Agency, in the
performance of this Program. Supplement, shall act in an independent capacity and not as officers or employees
or agents of Caltrans or State.
37. NON-DISCRIMINATION CLAUSE: During the performance of this Program Supplement, 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, 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 -fl, set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations, are incorporated into this Program Supplement 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.
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 8 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
Local Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Program Supplement.
38. GOVERNING LAW: This Program Supplement is governed by and shall be interpreted in accordance with
the laws of the State of California.
39. FORUM SELECTION CLAUSE: Sacramento County shall be used as the primary venue for any action arising
from this Program Supplement, or an alternative location of competent jurisdiction within the State of California
may be used, only if mutually agreed upon in writing.
40. ORDER OF PRECEDENCE; The Federal -Aid Master Agreement, this Program Supplement, Exhibit A,
Scope of Work; Exhibit B, E-76; are incorporated by reference and constitute the entire agreement between
Caltrans and Local Agency. The documents listed in this paragraph shall be hereinafter referred to as the
"Contract". In the event of a conflict between the contract documents, the controlling document shall be the
Federal -Aid Master Agreement, this Program Supplement, then Exhibit A, Exhibit B. In the event and
to the extent any provisions contained in multiple documents address the same or substantially the same subject
matter but do not actually conflict, the more recent provisions shall be deemed to have superseded provisions
over any conflicting provisions defined in the body of the Program Supplement or its exhibits.
41. ANTITRUST CLAIMS: The Local Agency by signing this Program Supplement 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.
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,
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 9 of I I
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
or (b) the assignee declines to file a court action for the cause of action. See Government Code Section
4554.
42. 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."
43. UNENFORCEABLE PROVISION: In the event that any provision of this Program Supplement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Program
Supplement have force and effect and shall not be affected thereby.
44. PRIORITY HIRING CONSIDERATIONS: If this Program Supplement 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.
Expiration of this Program Supplement does not release any party hereto from any ongoing performance
requirements agreed to herein.
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION Sheet 1.0 of 11
SECTION 1.30 PROGRAM SUPPLEMENT December 8, 2023
Exhibit A — Scope of Work
Eastside Road
Fed Xing ID: 750505B
CPUC ID: OO1C-255.00-C / SHA -1024
Scope of Work.
Design efforts will be led by a design team under contract by Union Pacific Railroad (UPRR), their work
will consist of the development of design plans, conducting onsite and virtual meetings as needed, and
leading the submitting and approval of the CPUC General Order 88-B request.
The diagnostic team is comprised of all parties involved in this project: City, UPRR, CPUC and Caltrans. If
additional scope items are identified during design, or need to be modified, those items will be done upon
collaboration and agreement of all diagnostic team members.
City Scope of Work
• Diagnostic Team Membership
• Review of crossing designs, support and guidance for any needed permits or agreements.
• Install of new street lighting near the crossing.
• Update or execution of a UPRR Construction and Maintenance Agreement, if needed.
UPRR Scope of Work
• Install new concrete panel surfacing approximately 170 -feet in length.
• Install two CPUC Standard 9 (automatic gate and flashing light signal assembly) warning devices,
with additional sidelights directed towards the Moore Road driveway.
• Install new signal house and circuitry.
• Civil design of crossing.
• Railroad circuit design.
• Lead for CPUC General Order 88-B request submittal.
KI
STATE OF CALIFORNIA Eastside Road, Redding
DEPARTMENT OF TRANSPORTATION SheetH of 11
SECTION 130 PROGRAM SUPPLEMENT December 8, 2023
Exhibit B — E-76 (PE)
Eastside Road
Fed Xing ID: 750505B
CPUC ID: OOIC-255.00-C / SHA -1024
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AulbDBIZAI�=
AUTHORIZA71ONTO PROCEED WMH REQUEST: PRE
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DOCUMENT TYPE: AAGR....
PREPARED IN FADS BY: ROBER7S, BRUCE
REVIEWED N FADS BY ROBERTS. BRUCE
SUBMITTED W FADS, BY: ROBERTS, BRUCE
PROCESSED IN FADS BY, VONATURE, N REQIJIRED
S-76 AUT40RIZED DATE ',N FWD WAJI HAYS
19
ON200-1040 651-#2552
ON 2023-10-10 6514252
ON =340-21 r0ROALTRANS
ON 2023-10-21 FOR FKWA
ON 12021—AID-209"W-11.0
Ai THORLTATION I AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM
CALIFORNIA DEPARTMENT OF TRANSPORTA'nON
DLA LOCATOR.
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PROJECT LOCATK)M
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EASTWE ROAD IN rrE CITY OF REDDING, SKA47A COUNTY,AT THE UPRR
RAILROAD CROSV€^#ta, WORR BY THE COY OF REDDING
PROJECT NO:
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AUTHORIZA71ONTO PROCEED WMH REQUEST: PRE
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DOCUMENT TYPE: AAGR....
PREPARED IN FADS BY: ROBER7S, BRUCE
REVIEWED N FADS BY ROBERTS. BRUCE
SUBMITTED W FADS, BY: ROBERTS, BRUCE
PROCESSED IN FADS BY, VONATURE, N REQIJIRED
S-76 AUT40RIZED DATE ',N FWD WAJI HAYS
19
ON200-1040 651-#2552
ON 2023-10-10 6514252
ON =340-21 r0ROALTRANS
ON 2023-10-21 FOR FKWA
ON 12021—AID-209"W-11.0