Agenda — Industry City Council, April 28, 2022

CITY OF INDUSTRY

CITY COUNCIL
REGULAR MEETING CAT OF INOUSTAY Mayor Cory C. Moss
AGENDA
Mayor Pro Tem Cathy Marcucci
1957
Council Member Michael Greubel
APRIL 28, 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: 414 065 874#. 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, April 26, 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
APRIL 28, 2022
PAGE NO. 1
Call to Order
Flag Salute
Roll Call

PRESENTATIONS
Proclamation designating April as DMV/Donate Life Month Proclamation designating the week of April 17 to April 23 as California Mosquito Awareness Week
Presentation of a Certificate honoring Bobbie Seal for being named Legacy Leader Woman of the Year
Public Comments

6. 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.

6.1 Consideration of the Register of Demands for April 28, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

6.2 Consideration of the minutes of the February 10, 2022 regular meeting, February 10, 2022 special meeting, March 10, 2022 regular meeting, March 24, 2022 regular meeting, and the March 24, 2022 special meeting.

RECOMMENDED ACTION: Approve as submitted.

6.3 Consideration of a Professional Services Agreement with Cartegraph Systems LLC, for Work Order Geographic Information System Software, in the amount of $167,545.00, through March 21, 2025 (MP 16-06) RECOMMENDED ACTION: Approve the Agreement.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
APRIL 28, 2022
PAGE NO. 2

6.4 Consideration of Amendment No. 3 to the Professional Services Agreement with Enterprise Maps, LLC, for technical support services for the deployment of Amazon Web Services infrastructure for ArcGIS Enterprise, extending the term through June 30, 2025, revising the scope of services, revising the rate schedule, increasing compensation by $300,000.00, and revising the address for the City (MP 16-06) RECOMMENDED ACTION: Approve the Amendment.

6.5 Consideration of authorization to advertise for public bids for Contract No.

CITY-1485, Rowland Street Reconstruction from Hatcher Avenue to Lawson Street, for an estimated cost of $2,630,000.00 (MP 10-15) RECOMMENDED ACTION: Approve the plans and
specifications and authorize the advertising and receipt of electronic bids.

6.6 Consideration of Resolution No. CC 2022-15 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

APPROVING THE DONATION OF ONE CHEVROLET ASTRO VAN TO

THE PURIST GROUP
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

15. 6.7 Consideration of Amendment No. 1 to the Professional Services Agreement with Western Power Project Advisors LLC, for engineering services for the Citywide wireless communication network, to enable remote monitoring system for streetlights, extending the term through June 30, 2024, increasing compensation by $40,000.00, and updating the address for the City (MP 20-02)
RECOMMENDED ACTION: Approve the Amendment.

6.8 Consideration of a Lake Alteration Agreement with the California Department of Fish and Wildlife for the Arnold Reservoir Rip Rap Proiect and adoption of a Notice of Exemption regarding same RECOMMENDED ACTION: Approve the Agreement and
adopt Notice of Exemption.

CITY MANAGER REPORTS
AB 1234 REPORTS

CITY COUNCIL COMMUNICATIONS

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
PRIL 28, 202
AGE NO.

10. CLOSED SESSION

10.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(4): one potential case

11. Adjournment. The next regular City Council Meeting is Thursday, May 12, 2022, at 9:00 a.m.

CITY OF INDUSTRY CITY COUNCIL REGULAR MEETING AGENDA
I 28, 2022
PAGE NO. 4

CITY COUNCIL
ITEM NO. 6.1

CITY OF INDUSTRY

AUTHORIZATION FOR PAYMENT OF BILLS
CITY COUNCIL MEETING OF APRIL 28, 2022
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
100 GENERAL FUND 4,470,913.99
103 PROP A FUND 5,039.75
107 MEASURE W FUND 2,036.29
120 CAPITAL IMPROVEMENTS 520,891.85
TOTAL ALL FUNDS 4,998,881.88
BANK RECAP:

BANK NAME DISBURSEMENTS
BOFA BOFA - CKING ACCOUNT 2,862,000.00
PROP/A PROP A - CKING ACCOUNT 5,039.75
MEAS MEASURE W - CKING ACCOUNT 2,036.29
WFBK WELLS FARGO - CKING ACCOUNT 2,129,805.84
TOTAL ALL BANKS 4,998,881.88

APPROVED PER CITY MANAGER
CITY OF INDUSTRY P. 1

BANK OF AMERICA
April 28, 2022
Check Date
Payee Name Check Amount
CITYGEN.CHK - City General
24537 04/13/2022 INDUSTRY PROPERTY & HOUSING $57,000.00 Invoice Date Description Amount
4/13/22 04/13/2022 TRANSFER FUNDS-IPHMA REG 4/13/22 $57,000.00 24538 04/13/2022 CITY OF INDUSTRY $2,600,000.00
Invoice Date Description Amount
4/13/22 04/13/2022 TRANSFER FUNDS CITY REGISTER 4/14/22 $2,600,000.00 24539 04/13/2022 CIVIC RECREATIONAL INDUSTRIAL
$205,000.00
Invoice Date Description Amount
4/13/22 04/13/2022 TRANSFER FUNDS-CRIA REG 4/13/22 $205,000.00 Checks Status Count Transaction Amount
Total 3 $2,862,000.00
CITY OF INDUSTRY P. 2
PROP A
April 28, 2022
Check Date Payee Name Check Amount
PROPA.CHK - Prop A Checking
90384 04/28/2022 INDUSTRY SECURITY SERVICES $4,745.60
Invoice Date Description Amount
14-26249 04/08/2022 SECURITY SVC-METROLINK $2,372.80
14-26237 04/01/2022 SECURITY SVC-METROLINK $2,372.80
90385 04/28/2022 JANUS PEST MANAGEMENT $65.00
Invoice Date Description Amount
246193 04/06/2022 PEST SVC-METROLINK $65.00
90386 04/28/2022 VALLEY VISTA SERVICES, INC $229.15
Invoice Date Description Amount
4775722 04/01/2022 DISP SVC-METROLINK $229.15
Checks Status Count Transaction Amount
Total 3 $5,039.75
CITY OF INDUSTRY P. 3

MEASURE W
April 28, 2022
Check Date Payee Name Check Amount
MEASUREW.WF.CHK - Measure W Wells Fargo Checking
300005 04/28/2022 SAN GABRIEL VALLEY NEWSPAPER $2,036.29 Invoice Date Description Amount
0011525217 03/31/2022 ACCT #5007735 - NOTICE INVITING BIDS-21/22 $2,036.29 Check Status Count Transaction Amount
Total 1 $2,036.29
CITY OF INDUSTRY P. 4

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
77994 04/07/2022 D M V RENEWAL $23.00
Invoice Date Description Amount
LIC 1154129 04/06/2022 DUPLICATE TITLE FEE FOR 2003 CHEVY VAN #032 $23.00 77995 04/07/2022 LA COUNTY DEPT OF PUBLIC $3,500.00
Invoice Date Description Amount
00244954 03/29/2022 FCDP2022000046-PERMIT FOR SNOW CREEK STORM $3,500.00 77996 04/13/2022 L A COUNTY REGISTRAR- $75.00
Invoice Date Description Amount
CUP 22-4 04/11/2022 FEE-NOTICE OF DETERMINATION FOR JN 9387 $75.00 77997 04/13/2022 SPARKLETTS $204.61
Invoice Date Description Amount
21654939 040822 04/08/2022 WATER DELIVERY $204.61
77998 04/14/2022 AT & T $9.25
Invoice Date Description Amount
2022-00001764 04/01/2022 04/01-04/30/22 SVC - CITY WHITE PAGES $9.25 77999 04/14/2022 AT & T $179.00
Invoice Date Description Amount
7144629605 03/23/2022 02/19-03/18/22 SVC - 600 S BREA CYN - METROLINK $179.00 78000 04/14/2022 FRONTIER $1,157.87
Invoice Date Description Amount
2022-00001761 04/02/2022 04/02-05/01/22 SVC - 1015 NOGALES ST $56.90 CITY OF INDUSTRY P. 5

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001762 04/01/2022 04/01-04/30/22 SVC - VARIOUS SITES $955.98 2022-00001763 04/02/2022 04/02-05/01/22 SVC - IH GOLF COURSE FUEL PUMP $144.99 78001 04/14/2022 INDUSTRY PUBLIC UTILITIES $581.86
Invoice Date Description Amount
2022-00001745 04/01/2022 01/19-03/17/22 SVC - VALLEY & 7TH $581.86 78002 04/14/2022 INDUSTRY PUBLIC UTILITY $4,702.92
Invoice Date Description Amount
2022-00001765 04/08/2022 03/01-04/01/22 SVC - 600 BREA CYN RD $4,702.92 78003 04/14/2022 ROWLAND WATER DISTRICT $1,399.58
Invoice Date Description Amount
2022-00001747 03/24/2022 02/07-03/07/22 SVC - 18044 ROWLAND ST $230.52 2022-00001748 03/24/2022 02/07-03/07/22 SVC - 17401 E VALLEY BLVD $567.38 2022-00001749 03/24/2022 02/07-03/07/22 SVC - 930 S AZUSA AVE $460.21 2022-00001750 03/24/2022 02/07-03/07/22 SVC- AZUSA AVE - CENTER $68.52 2022-00001751 03/24/2022 02/07-03/07/22 SVC - AZUSA AVE $72.95 78004 04/14/2022 SAN GABRIEL VALLEY WATER CO. $8,302.08 Invoice Date Description Amount
2022-00001752 03/28/2022 02/23-03/25/22 SVC - IRRIG SALT LAKE/SEVENTH $255.44 2022-00001766 03/28/2022 02/23-03/25/22 SVC - CROSSROADS PKY S $1,508.06 2022-00001767 03/28/2022 02/23-03/25/22 SVC - STA 103-80 CROSSROADS PKY S $414.26 2022-00001768 03/28/2022 02/23-03/25/22 SVC - CROSSROADS PKY S $238.11 2022-00001769 03/28/2022 02/23-03/25/22 SVC - CROSSROADS PKY N $593.52 2022-00001770 03/28/2022 02/23-03/25/22 SVC - STA 129-00 CROSSROADS PKY N $1,398.15 CITY OF INDUSTRY P. 6

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001771 03/28/2022 02/23-03/25/22 SVC - STA 111-50 CROSSROADS PKY N $427.26 2022-00001772 03/28/2022 02123-03/25122 SVC-PELLISSIER $381.14 2022-00001773 03/28/2022 02/23-03/25/22 SVG - PELLISSIER $956.05 2022-00001774 03/28/2022 02123-03/25/22 SVC - PECKJUNION PACIFIC B $983.61 2022-00001775 03/28/2022 02/23-03/25/22 SVC - S/E COR OF PELLISSIER $771.23 2022-00001776 03/28/2022 02/23-03/25/22 SVC - PELLISSIER $375.25 78005 04/14/2022 SOCALGAS $282.54
Invoice Date Description Amount
2022-00001746 03/29/2022 02/24-03/25/22 SVG - 15415 DON JULIAN RD $251.56 2022-00001783 04/05/2022 03/03-04/01/22 SVC - 710 NOGALES ST $16.04 2022-00001784 04/05/2022 03/03-04/01/22 SVC - 1015 NOGALES ST STE 101 $14.94 78006 04/14/2022 SOUTHERN CALIFORNIA EDISON $52,963.46
Invoice Date Description Amount
2022-00001736 04/02/2022 03/01-03/31/22 SVC - 600 BREA CYN RD $363.10 2022-00001737 04/02/2022 03/01-03/31/22 SVC - 133 N AZUSA AVE $126.98 2022-00001738 04/02/2022 03/01-03/31/22 SVC - NOGALES ST/SAN JOSE AVE $158.11 2022-00001739 04/02/2022 03/01-03/31/22 SVC - VARIOUS $39,097.20 2022-00001740 04/02/2022 03/01-03/31/22 SVC - VARIOUS $182.98 2022-00001741 04/02/2022 03/01-03/31/22 SVC - 1 VALLEY/AZUSA OL1 $24.17 2022-00001742 03/29/2022 02/28-03/28/22 SVC - 137 N HUDSON AVE $1,851.67 2022-00001743 03/29/2022 02/28-03/28/22 SVC - 205 N HUDSON AVE $294.25 2022-00001744 03/29/2022 02/28-03/28/22 SVC - 15660 STAFFORD ST $2,376.44 2022-00001777 04/05/2022 02/15-03/16/22 SVC - VARIOUS SITES $2,362.89 2022-00001778 04/08/2022 03/01-03/31/22 SVC - 600 S BREA CYN RD & UNIT A $13.39 CITY OF INDUSTRY P. 7

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2022-00001782 04/04/2022 03/04-04/03/22 SVC - 15625 STAFFORD ST $6,112.28 78007 04/14/2022 SUBURBAN WATER SYSTEMS $318.10
Invoice Date Description Amount
180051676081 04/04/2022 03/03-04/04/22 SVC - NE CNR VALLEYISTIMS $318.10 78008 04/20/2022 SOCALGAS $127.98
Invoice Date Description Amount
2022-00001812 04/11/2022 03/09-04/07/22 SVC - 15625 MAYOR DAVE WAY APT A $113.68 2022-00001813 04/11/2022 03/09-04/07/22 SVC - 15625 MAYOR DAVE WAY APT B $14.30 78009 04/20/2022 SOUTHERN CALIFORNIA EDISON $19,943.17
Invoice Date Description Amount
2022-00001804 04/06/2022 03/08-04/05/22 SVC - 1135 HATCHER AVE $240.60 2022-00001805 04/02/2022 03/01-03/31/22 SVC - VARIOUS SITES $8,861.57 2022-00001806 04/02/2022 03/01-03/31/22 SVC - VARIOUS SITES $10,638.19 2022-00001807 04/06/2022 03/08-04/05/22 SVC - 1123 HATCHER AVE STE A $202.81 78010 04/20/2022 THREE VALLEYS MUNICIPAL WATER $2,423.54 Invoice Date Description Amount
06022 03/31/2022 03/01-03/31/22 SVC - TONNER CYN $2,423.54 78011 04/20/2022 VERIZON BUSINESS $185.86
Invoice Date Description Amount
64899123 04/10/2022 03/01-03/31/22 SVC - VARIOUS SITES $46.91 64899124 04/10/2022 03/01-03/31/22 SVC - VARIOUS SITES $138.95 CITY OF INDUSTRY P. 8

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78012 04/28/2022 ACORN TECHNOLOGY SERVICES $24,552.48
Invoice Date Description Amount
95653 04/01/2022 NETWORK MAINT-APR 2022 $24,552.48
78013 04/28/2022 AKM CONSULTING ENGINEERS, INC. $900.00 Invoice Date Description Amount
0011553 04/05/2022 RECYCLED WATERLINE RELOCATION-TURNBULL $900.00 78014 04/28/2022 AMAZON WEB SERVICES, INC $6,803.15
Invoice Date Description Amount
999423625 04/03/2022 AWS SVC-MAR 2022 $6,803.15
78015 04/28/2022 ANNEALTA GROUP $111,284.00
Invoice Date Description Amount
2350 04/10/2022 STORMWATER COMPLIANCE-MAR 2022 $16,200.00 2352 04/10/2022 GENERAL PLANNING SVC-MAR 2022 $52,282.50 2351 04/10/2022 GENERAL DEV SVC-MAR 2022 $36,274.00
2354 04/10/2022 16010 & 16020 PHOENIX & 901 S STIMSON $950.00 2361 04/10/2022 3951 CAPITOL AVE $172.50
2360 04/10/2022 2500 PELLISIER PLACE $1,000.00
2356 04/10/2022 17521 COLIMA RD $230.00
2357 04/10/2022 17859 COLIMA RD $805.00
2353 04/10/2022 1600 AZUSA AVE, STE 166 $170.00
2359 04/10/2022 2190 PELLISIER PLACE $85.00
2355 04/10/2022 171 MARCELLIN DR $1,500.00
CITY OF INDUSTRY P. 9

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
2358 04/10/2022 18558 GALE AVE, STE 122-128 $1,615.00
78016 04/28/2022 ARCADIA PUBLISHING, INC. $1,383.06
Invoice Date Description Amount
23003464 03/31/2022 BALANCE OF BOOK PURCHASE-HOMESTEAD $1,383.06 78017 04/28/2022 AVEVA SELECT CALIFORNIA $2,890.00
Invoice Date Description Amount
396848 03/31/2022 CITECT SCADA RENEWAL $2,890.00
78018 04/28/2022 BEAR ELECTRICAL SOLUTIONS, ING $43,498.78 invoice Date Description Amount
#3CITY-1465 04/01/2022 CITYWIDE STREETLIGHT LED UPGRADES $45,788.20 78019 04/28/2022 BENJAMIN A ROMERO II $4,975.50
Invoice Date Description Amount
15625017 03/23/2022 INSTALL WOOD SHELVES-HATCHER WAREHOUSE $879.13 15625018 03/29/2022 PAINT MECHANICAL ROOM-IBC $3,077.35 15625019 03/29/2022 MEACHANICAL ROOM REPAIRS-EN ENCANTO $1,019.02 78020 04/28/2022 BESS TESTLAB, INC. $9,400.00
Invoice Date Description Amount
44372 04/01/2022 BIXBY DR GRADE RECONSTRUCTION $9,400.00 78021 04/28/2022 BLAKE AIR CONDITIONING COMPANY $1,339.85 Invoice Date Description Amount
CITY OF INDUSTRY P. 10

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
61174 02/25/2022 A/C MAINT-EL ENCANTO $234.00
61451 04/11/2022 A/C MAINT-EL ENCANTO $479.35
61360 03/30/2022 AC MAINT-EL ENCANTO $626.50
78022 04/28/2022 CAL-STATE SITE SERVICES $249.76
Invoice Date Description Amount
214333 04/04/2022 PORTABLE RR RENTAL-EL ENCANTO (COVID 19) $249.76 78023 04/28/2022 CALIFORNIA ASSOCIATION OF $130.00
Invoice Date Description Amount
12/20/2021-A 12/20/2021 MEMBERSHIP FOR YAMINI PATHAK $130.00 78024 04/28/2022 CALIFORNIA CONTRACT CITIES $5,250.00
Invoice Date Description Amount
4/18/2022 04/18/2022 REGISTRATION FOR ANNUAL MUNICIPAL SEMINAR $5,250.00 78025 04/28/2022 CASSO & SPARKS, LLP $261,426.49
Invoice Date Description Amount
20628 04/19/2022 COI-LEGAL FEES FOR FEB 2022 $261,426.49 78026 04/28/2022 CESAR MANUEL CHAPARRO $3,500.00
Invoice Date Description. Amount
4/7/2022 04/07/2022 CITY MAP ILLUSTRATION $3,500.00
78027 04/28/2022 CHAD'S PROFESSIONAL CLEANING $1,900.00 Invoice Date Description Amount
193 04/07/2022 TILE/GROUT CLEANING-CITY HALL $1,900.00
CITY OF INDUSTRY P. 11

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78028 04/28/2022 CHEVROLET OF PUENTE HILLS $3,260.00
Invoice Date Description Amount
164164 04/11/2022 REPAIR AVC-2012 TRAVERSE LIC 6UQX922 $3,260.00 78029 04/28/2022 CINTAS CORPORATION LOC 693 $494.38
Invoice Date Description Amount
4116046281 04/11/2022 DOOR MATS $73.19
4115363934 04/04/2022 DOOR MATS $73.19
4115360681 04/04/2022 DOOR MATS $274.83
4111932934 02/28/2022 DOOR MATS $73.17
78030 04/28/2022 CITY OF INDUSTRY $279.64
Invoice Date Description Amount
2022-00000051 03/31/2022 IH FUEL PUMP-CITY HALL VEHICLES $279.64 78031 04/28/2022 CITY OF INDUSTRY-PAYROLL ACCT $295,000.00 Invoice Date Description Amount
PR P/E 4/1/22 03/23/2022 REPLENISH PAYROLL FOR P/E 4/1/22 $145,000.00 PR P/E 4/15/22 04/20/2022 REPLENISH PAYROLL FOR P/E 4/15/22 $150,000.00 78032 04/28/2022 CIVIC PUBLICATIONS, INC. $26,328.00
Invoice Date Description Amount
1708 03/28/2022 ADVERTISING IN CIVIC PUBLICATIONS $26,328.00 78033 04/28/2022 CLARENCE THRALL $14,580.00
CITY OF INDUSTRY P. 12

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
Invoice Date Description Amount
141 04/02/2022 MAINT SVC-APR 2022 $14,580.00
78034 04/28/2022 CNC ENGINEERING $175,662.50
Invoice Date Description Amount
505079 04/14/2022 DESIGN-BUILD FOR SOLAR CARPORT CANOPY $3,245.00 505080 04/14/2022 CITYWIDE ADA SELF-EVALUATION/TRANSITION PLAN $102.50 505081 04/14/2022 SITE PLAN FOR SHERIFF TRAILER $1,895.00 505082 04/14/2022 EL ENCANTO IMPROVEMENTS $860.00
505083 04/14/2022 KELLA AVE STORM DRAIN $5,197.50
505084 04/14/2022 GALE AVE REALIGNMENT $7,820.00
505085 04/14/2022 RESURFACING OF DON JULIAN RD $1,500.00 505086 04/14/2022 WALNUT DR NORTH WIDENING $2,210.00
505087 04/14/2022 PRELIMINARY DESIGN OF EW BICYCLE PATH $3,272.50 505088 04/14/2022 GENERAL ENG SVC-COUNTER SERVICE $510.00 505089 04/14/2022 GENERAL ENG-3951 CAPITOL AVE $320.00
505090 04/14/2022 GENERAL ENG 3/28-4/10/22 $3,785.00
505091 04/14/2022 GENERAL ENG SVC-TRAFFIC $1,637.50
505092 04/14/2022 GENERAL ENG SVC-PLAN APPROVAL $9,075.00 505093 04/14/2022 GENERAL ENG SVC-PERMITS $25,012.50
505094 04/14/2022 ARENTH AVE STREET IMPROVEMENT $1,550.00 505095 04/14/2022 RESURFACING VALLEY BLVD $1,558.75
505096 04/14/2022 GENERAL ENG 3/28-4/10/22 $83,643.75
505097 04/14/2022 NPDES STORM WATER $160.00
505098 04/14/2022 TONNER CYN PROPERTY $1,255.00
505099 04/14/2022 COLIMA RD WIDENING $220.00
CITY OF INDUSTRY P. 13

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
505100 04/14/2022 STREET LIGHT OPERATIONS & MAINT $360.00 505101 04/14/2022 INDUSTRY BUSINESS COUNCIL IMPROVEMENTS $1,440.00 505102 04/14/2022 CITY HALL MAINT $2,935.00
505103 04/14/2022 INDUSTRY BUSINESS COUNCIL CHAMBERS $1,355.00 505104 04/14/2022 UPGRADES TO ELECTRONIC FREEWAY DISPLAY $360.00 505105 04/14/2022 HOMESTEAD MUSEUM IMPROVEMENTS $795.00 505106 04/14/2022 VALLEY BLVD CORRIDOR CO-OP PROJECT $462.50 505107 04/14/2022 STIMSON AVE CROSSING $7,320.00
505108 04/14/2022 CALIFORNIA AVE CROSSING IMPROVEMENTS $102.50 505109 04/14/2022 FIRE DAMAGE REPAIR OF EV AND SOLAR ENERGY $220.00 505110 04/14/2022 METROLINK MAINT-PARKING LOT SOLAR SYSTEM $4,740.00 505111 04/14/2022 EL ENCANTO IMPROVEMENTS $630.00
505112 04/14/2022 MUSEUM-HEALTHCARE CAMPUS UPGRADES $112.50 78035 04/28/2022 ONC ENGINEERING $118,093.75
Invoice Date Description Amount
505113 04/14/2022 SAN JOSE AVE RECONSTRUCTION $1,980.00 505114 04/14/2022 INDUSTRY HILLS FUEL TANKS DISPENSING $517.50 505115 04/14/2022 605 FWY AND VALLEY BLVD INTERCHANGE $1,512.50 505116 04/14/2022 HIGHWAY BRIDGE PROGRAM FUNDING $1,317.50 505117 04/14/2022 BRIDGE REHABILITATION-VALLEY BLVD $205.00 505118 04/14/2022 BRIDGE REHABILITATION-VALLEY BLVD $307.50 505119 04/14/2022 AZUSA AVE BRIDGE REPAINTING $102.50
505120 04/14/2022 FISCAL YEAR BUDGET $5,925.00
505121 04/14/2022 ROWLAND ST RECONSTRUCTION $15,746.25
505122 04/14/2022 BIXBY DR PCC PAVEMENT $1,515.00
CITY OF INDUSTRY P. 14

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
505123 04/14/2022 NELSON AVE INTERSECTION $337.50
505124 04/14/2022 CITY MAINTAINED LANDSCAPE AREAS $4,810.00 505125 04/14/2022 MAINT YARD AT 1123 HATCHER AVE $277.50 505126 04/14/2022 CARTEGRAPH MGMT $28,045.00
505127 04/14/2022 HOMESTEAD MUSEUM UPGRADES $540.00
505128 04/14/2022 LEMON AVE QUIET ZONE $307.50
505129 04/14/2022 CITYWIDE STREET LIGHT LED UPGRADES $1,100.00 505130 04/14/2022 CITYWIDE STREET LIGHT LED UPGRADES $7,025.00 505131 04/14/2022 ADD SIDEWALK ON SOUTH SIDE OF TEMPLE AVE $530.00 505132 04/14/2022 ADA COMPLIANCE ON PUBLIC RIGHT OF WAY $6,777.50 505133 04/14/2022 ADA COMPLIANCE FOR FACILITIES $5,355.00 505134 04/14/2022 ADA COMPLIANCE FOR FACILITIES $2,635.00 505135 04/14/2022 15710-15718 RAUSCH RD BLDG IMPROVEMENT $450.00 505136 04/14/2022 RAUSCH RD SIDEWALK AND PARKING LOT $12,015.00 505137 04/14/2022 DEL VALLE AND HILL ST STORM DRAIN $650.00 505138 04/14/2022 GALE AVE RESURFACING $2,910.00
505139 04/14/2022 ANNUAL PAVEMENT REHABILITATION $5,710.00 505140 04/14/2022 ANNUAL SLURRY SEAL FY 21/22 $1,130.00 505141 04/14/2022 CITYWIDE SIGNING & STRIPING IMPROVEMENTS $3,275.00 505142 04/14/2022 INTELLIGENT TRANSPORTATION SYSTEM $102.50 505143 04/14/2022 PAVEMENT MGMT PLAN 2022 $102.50
505144 04/14/2022 SNOW CREEK STORM DRAIN $100.00
505145 04/14/2022 GRAND AVE BRIDGE WIDENING S4,780.00
78036 04/28/2022 CORELOGIC INFORMATION $192.50
Invoice Date Description Amount
CITY OF INDUSTRY P. 15

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
82127286 03/31/2022 GEOGRAPHIC PKG-MAR 2022 $192.50
78037 04/28/2022 DB SALES & SERVICE $1,465.00
Invoice Date Description Amount
15860 03/31/2022 REPAIR BOILER #1 & #2-EL ENCANTO $1,465.00 78038 04/28/2022 EGOSCUE LAW GROUP, INC. $1,350.00
Invoice Date Description Amount
13445 04/04/2022 LEGAL SVC-FOLLOW'S CAMP $1,350.00
78039 04/28/2022 ELEVATE PUBLIC AFFAIRS, LLC $21,000.00 Invoice Date Description Amount
2644 04/12/2022 MEDIA CONSULTING-MAY 2022 $15,000.00
2645 04/12/2022 IBC STRATEGIC CONSULTING-MAR 2022 $6,000.00 78040 04/28/2022 FEDERAL EXPRESS CORP. $747.18
Invoice Date Description Amount
7-717-65928 04/08/2022 MESSENGER SVC $747.18
78041 04/28/2022 FIRST AMERICAN DATA TREE, LLC $200.00
Invoice Date Description Amount
20088320322 03/31/2022 PROPERTY DATA INFORMATION $200.00 78042 04/28/2022 FRAZER, LLP $42,574.00
Invoice Date Description Amount
177452 03/31/2022 SA-PROF SVC FOR FEB/MAR 2022 $18,400.00 CITY OF INDUSTRY P. 16

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
177458 03/31/2022 COI-PROF SVCFOR MAR 2022 $24,174.00
78043 04/28/2022 GARCIA'S FENCE CORP $19,425.00
Invoice Date Description Amount
42205 04/05/2022 FENCE REPAIR-SAN JOSE HILLS REGION $11,675.00 42213 04/11/2022 REPAIR GATE-FERRERO PKY $2,150.00
42212 04/08/2022 ROW FENCE REPAIR $5,600.00
78044 04/28/2022 GIVEN DESIGN GROUP, INC. $21,455.00
Invoice Date Description Amount
22-027 02/28/2022 ROOF UPGRADE-EL ENCANTO $21,455.00
78045 04/28/2022 GMS ELEVATOR SERVICES, INC $145.00
Invoice Date Description Amount
109881 04/01/2022 ELEVATOR MAINT-CITY HALL $145.00
78046 04/28/2022 GRAND CENTRAL RECYCLING & $1,367.24
Invoice Date Description Amount
4790751 03/31/2022 SOLID WASTE-CITY HALL $1,367.24
78047 04/28/2022 HISTORICAL RESOURCES, INC. $48,616.06
Invoice Date Description Amount
CO12022-11 04/14/2022 ADMIN & MGMT SVC-HOMESTEAD $48,616.06 78048 04/28/2022 IDS GROUP, INC. S21,160.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 17

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
21X062.00-1A 03/29/2022 ENG SVC-CITY HALL SOLAR PANELS $21,160.00 78049 04/28/2022 INDUSTRY BUSINESS COUNCIL $80,047.03
Invoice Date Description Amount
FEBRUARY 2022 04/18/2022 EXPENSE REIMBURSEMENT-FEB 2022 $80,047.03 78050 04/28/2022 INDUSTRY SECURITY SERVICES $58,034.33
Invoice Date Description Amount
14-26239 04/08/2022 SECURITY SVC 4/1-417122 $9,370.68
14-26242 04/08/2022 SECURITY SVC-VARIOUS CITY SITES $19,590.44 14-26216 04/01/2022 SECURITY SVC 3/25-3/31/22 $9,453.11 1426219 04/01/2022 SECURITY SVC-VARIOUS CITY SITES $19,620.10 78051 04/28/2022 INDUSTRY STATION ATHLETIC FUND $641.75 Invoice Date Description Amount
4/20/2022 04/20/2022 REIMBUSEMENT FOR CAR RENTALS-BAKER TO $641.75 78052 04/28/2022 JANUS PEST MANAGEMENT $4,252.00
Invoice Date Description Amount
246154 04/06/2022 PEST CONTROL-TONNER CYN $441.00
246162 04/06/2022 PEST SVC-IBC COUNCIL CHAMBER $145.00
246223 04/06/2022 PEST SVC-IBC WEST (OLD BREA CYN) $168.00 246232 04/06/2022 RODENT SVC-CHESTNUT/ANAHEIM-PUENTE RD $896.00 246234 04/06/2022 RODENT SVC-HELIPAD PARKING LOT $486.00 246236 04/06/2022 RODENT SVC-HELIPAD $300.00
246271 04/06/2022 RODENT SVC-IBC EAST (LANDFILL) $733.00 CITY OF INDUSTRY P. 18

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
246383 04/06/2022 PEST SVC-CITY HALL/MOSQUITO TRAP $405.00 246396 04/06/2022 MOSQUITO TRAP-EL ENCANTO $78.00
246551 04/06/2022 PEST SVC-HOMESTEAD $600.00
78053 04/28/2022 JMDiaz, Inc. $1,960.00
Invoice Date Description Amount
061(22-071) 04/06/2022 STAFF AUGMENTATION-MAR 2022 $1,960.00 78054 04/28/2022 JOE A. GONSALVES & SON $10,000.00
Invoice Date Description Amount
159784 04/15/2022 LEGISLATIVE SVC-APR 2022 $10,000.00
78055 04/28/2022 KLINE'S PLUMBING, INC. $875.00
Invoice Date Description Amount
12272 04/05/2022 REPAIR DRINKING FOUNTAIN-METROLINK $275.00 12270 04/05/2022 REPAIR HVAC SYSTEM-CITY HALL $350.00
12271 04/05/2022 REPAIR BROKEN HOSE-TRES HERMANOS $250.00 78056 04/28/2022 KONICA MINOLTA $299.09
Invoice Date Description Amount
9008413092 03/28/2022 COPY MACHINE MAINT-HOMESTEAD $299.09 78057 04/28/2022 L A COUNTY DEPT OF PUBLIC $8,427.83
Invoice Date Description Amount
IN220000690 03/24/2022 ACCIDENT-ALBATROSS RD @ CLIMA RD $523.93 IN220000691 03/24/2022 ACCIDENT-TEMPLE AVE @VINELAND AVE $380.85 CITY OF INDUSTRY P. 19

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
IN220000693 03/24/2022 ACCIDENT-NELSON @ORANGE AVE $990.04 IN220000702 03/24/2022 ACCIDENT-HACIENDA BL @ NELSON AVE $1,911.08 IN220000704 03/24/2022 ACCIDENT-COLIMA RDE @ STONER CREEK RD $4,621.93 78058 04/28/2022 LA COUNTY SHERIFF'S $54,104.71
Invoice Date Description Amount
222436LL 03/29/2022 SPECIAL EVENT-DIRECTED PATROL $54,104.71 78059 04/28/2022 LEGEND PUMP AND WELL SERVICE, $784.00
Invoice Date Description Amount
57285 03/29/2022 QTRLY MAINT-BAKER SLOPES $784.00
78060 04/28/2022 LOS ANGELES COUNTY PUBLIC $30,921.82
Invoice Date Description Amount
PW-22030705406-R 03/24/2022 TRAFFIC SIGNAL MAINT $4,033.62 PW-22020704782-R 03/24/2022 TRAFFIC SIGNAL MAINT $8,146.29 PW-22030705405 03/07/2022 TRAFFIC SIGNAL MAINT $18,741.91 78061 04/28/2022 LOS ANGELES ENGINEERING, INC. $194,595.15 Invoice Date Description Amount
#23GGA-0387-1 04/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $56,291.00 #23GGS-0387-3 04/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $84,546.00 #23GGS-0387-4 04/01/2022 GRAND AVE/GOLDEN SPRINGS DR INTERSECTION $64,000.00 78062 04/28/2022 BANNER BANK $10,241.85
Invoice Date Description Amount
#23GGS-0387-1-R 04/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $2,814.55 CITY OF INDUSTRY P. 20

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
#23GGS-0387-3-R 04/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $4,227.30 #23GGS-0387-4-R 04/01/2022 RETENTION-GRAND AVE/GOLDEN SPRINGS $3,200.00 78063 04/28/2022 LOWE'S/SYNCHRONY BANK $842.64
Invoice Date Description Amount
998006-IPSMBH 02/23/2022 UTILITY SHELVING-CITY HALL $842.64 78064 04/28/2022 MATHEW HUDSON $302.13
Invoice Date Description Amount
3/22-3/25/2022 04/03/2022 REIMBURSE FOR EXPENSES-LEAGUE OF CALIF $302.13 78065 04/28/2022 MERRITT'S ACE HARDWARE $163.30
Invoice Date Description Amount
126057 12/08/2021 MISC SUPPLIES-HOMESTEAD $61.56
126509 01/12/2022 MISC SUPPLIES-HOMESTEAD $48.98
127975 04/11/2022 MISC SUPPLIES-STREETLIGHTS $52.76
78066 04/28/2022 MMASC $60.00
Invoice Date Description Amount
4611 04/06/2022 CITY MANAGERS LUNCHEON-JOSHUA NELSON $60.00 78067 04/28/2022 MUNI-ENVIRONMENTAL, LLC $48,172.50
Invoice Date Description Amount
22-005 04/01/2022 COMMERCIAL WASTE PROGRAM $48,172.50
78068 04/28/2022 MUSEUM MANAGEMENT $7,500.00
Invoice Date Description Amount
CITY OF INDUSTRY P. 21

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
4213 03/31/2022 MUSEUM STRATEGY PLANNING-HOMESTEAD $7,500.00 78069 04/28/2022 NINYO & MOORE GEOTECHNICAL $5,217.00
Invoice Date Description Amount
259924 04/12/2022 GEO SVC-VALLEY BLVD RESURFACING $5,217.00 78070 04/28/2022 PACIFIC UTILITY INSTALLATION $1,533.00 Invoice Date Description Amount
25661 03/31/2022 CITY STREETLIGHT PROGRAM $1,533.00
78071 04/28/2022 PARS $600.00
Invoice Date Description Amount
50306 04/07/2022 ARS FEES-FEB 2022 $300.00
50440 04/08/2022 REP FEES-FEB 2022 $300.00
78072 04/28/2022 POST ALARM SYSTEMS $319.60
Invoice Date Description Amount
1470544 04/04/2022 MONITORING SVC-HOMESTEAD $319.60
78073 04/28/2022 PRINCE GLOBAL SOLUTIONS, LLC $5,000.00 Invoice Date Description Amount
037 04/11/2022 FEDERAL ADVOCACY-MAR 2022 $5,000.00
78074 04/28/2022 PURCHASE POWER $400.00
Invoice Date Description Amount
4/5/2022 04/05/2022 POSTAGE REFILL ON 3/8/22 & 4/5/22 $400.00 CITY OF INDUSTRY P. 22

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78075 04/28/2022 R.J. NOBLE COMPANY $15,390.00
Invoice Date Description Amount
#3CITY-1463 04/01/2022 RESURFACING VALLEY BLVD $16,200.00 78076 04/28/2022 BANNER BANK $810.00
Invoice Date Description Amount
#3CITY-1463-R 04/01/2022 RETENTION-RESURFACING VALLEY BLVD $810.00 78077 04/28/2022 RICOH USA, INC. $1,138.82
Invoice Date Description Amount
5064268542 04/01/2022 METER READING-VARIOUS COPIERS $738.87 5064359293 04/08/2022 METER READING-VARIOUS $399.95
78078 04/28/2022 RICOH USA, INC. $3,342.36
Invoice Date Description Amount
75973896 04/09/2022 COPIER LEASE-VARIOUS $817.83
75964864 04/09/2022 COPIER LEASE-VARIOUS $2,524.53
78079 04/28/2022 SAGE ENVIRONMENTAL GROUP $10,759.00
Invoice Date Description Amount
1096 04/19/2022 BIOLOGICAL SVC-VARIOUS SITES $10,759.00 78080 04/28/2022 SAN GABRIEL VALLEY CITY $1,250.00
Invoice Date Description Amount
417/2022 04/07/2022 SPONSORSHIP FOR ANNUAL SERMINAR $1,250.00 CITY OF INDUSTRY P. 23

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78081 04/28/2022 SAN GABRIEL VALLEY NEWSPAPER $2,123.07 Invoice Date Description Amount
0011520621 02/28/2022 ACCT #5007735 - NOTICE INVITING BIDS-21/22 $2,123.07 78082 04/28/2022 SCS FIELD SERVICES $20,629.27
Invoice Date Description Amount
0431739 03/31/2022 INDUSTRY HILLS-LANDFILL GAS SYSTEM $20,629.27 78083 04/28/2022 SKYBRIDGE RENEWABLES CORP. $62,232.00
Invoice Date Description Amount
1302B 03/28/2022 SOLAR PANELS-CITY HALL $62,232.00
78084 04/28/2022 SO CAL INDUSTRIES $91.26
Invoice Date Description Amount
557759 03/30/2022 RR RENTAL-TONNER CYN/57FWY $91.26
78085 04/28/2022 SPECTRUM $938.99
Invoice Date Description Amount
0362894041022 04/10/2022 BUSINESS INTERNET-APR 2022 $938.99 78086 04/28/2022 STAPLES BUSINESS ADVANTAGE $1,378.12
Invoice Date Description Amount
8065696771 03/26/2022 OFFICE SUPPLIES $1,337.75
8065781010 04/02/2022 OFFICE SUPPLIES $40.37
CITY OF INDUSTRY P. 24

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
78087 04/28/2022 STATE COMPENSATION INSURANCE $1,547.91 Invoice Date Description Amount
1000313960 04/01/2022 WORKERS COMP PREMIUM FOR APRIL 2022 $1,547.91 78088 04/28/2022 STATE WATER RESOURCES $704.00
Invoice Date Description Amount
SW-0236908 04/18/2022 ANNUAL PERMIT FEE-ARENTH AVE IMRPOVEMENT $704.00 78089 04/28/2022 SUPERIOR COURT OF CA-LA $4,337.00
Invoice Date Description Amount
MARCH 2022 04/12/2022 PARKING CITATIONS REPORT - MAR 2022 $4,337.00 78090 04/28/2022 TEMP AIR SYSTEM INC. $8,500.00
Invoice Date Description Amount
14015 04/05/2022 REPLACE MINI SPLIT HVAC SYSTEM-HOMESTEAD $8,500.00 78091 04/28/2022 THE TECHNOLOGY DEPOT $9,899.39
Invoice Date Description Amount
18461 04/01/2022 CLOUD CONNECT VIRTUAL-MAY 2022 $1,742.33 18492 03/31/2022 NETWORK MAINT $206.25
18493 03/31/2022 NETWORK MAINT $288.75
18457 04/01/2022 PLATINUM CYBER PROTECTION-MAY 2022 $707.55 18462 04/01/2022 CLOUD CONNECT VEEAM-MAY 2022 $263.34
18456 04/01/2022 CLOUD CONNECT DATA STORAGE-MAY 2022 $1,345.50 18458 04/01/2022 CLOUD CONNECT SHERIFF'S BLDG $287.25
18459 04/01/2022 VITA KASEYA-MAY 2022 $535.35
18463 04/01/2022 ADD'L DELL SVC-MAY 2022 $2,187.00
CITY OF INDUSTRY P. 25

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
18460 04/01/2022 CLOUD CONNECT UNAAS-MAY 2022 $727.23
18207 03/01/2022 CLOUD CONNECT DATA STORAGE-APR 2022 $1,345.50 18038 02/01/2022 CLOUD CONNECT VEEAM-MAR 2022 $263.34
78092 04/28/2022 TPX COMMUNICATIONS $4,303.99
Invoice Date Description Amount
155175526-0 03/31/2022 INTERNET SVC-CITY HALL/METRO SOLAR $4,303.99 78093 04/28/2022 TPX COMMUNICATIONS $2,346.06
Invoice Date Description Amount
155115166-0 03/31/2022 TEL/INTERNET-HOMESTEAD $2,346.06 78094 04/28/2022 TRIMARK ASSOCIATES, INC. $1,726.67
Invoice Date Description Amount
INV2022-00312 04/01/2022 MAINT SVC-METRO SOLAR $1,726.67 78095 04/28/2022 TURBO DATA SYSTEMS, ING $381.58
Invoice Date Description Amount
37195 03/31/2022 CITATION PROCESSING FEB/MAR 2022 $381.58 78096 04/28/2022 UNION PACIFIC RAILROAD COMPANY $6,981.50 Invoice Date Description Amount
90114129 03/08/2022 INSTALL FLASHING LIGHTS/GATES-SAN JOSE AVE $6,981.50 78097 04/28/2022 UNUM LIFE INSURANCE COMPANY $3,081.60
Invoice Date Description Amount
CITY OF INDUSTRY P. 26

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name Check Amount
CITY.WF.CHK - City General Wells Fargo
12/1/21-5/31/22 03/01/2022 LONG TERM CARE FROM 12/1/21-5/31/22 $3,081.60 78098 04/28/2022 VALLEY POWER SYSTEMS, INC. $619.00
Invoice Date Description Amount
R68245 03/25/2022 QTRLY SVC FOR GENERATOR-CITY HALL $619.00 78099 04/28/2022 VALLEY VISTA SERVICES, INC $15,694.72
Invoice Date Description Amount
4730117 03/29/2022 DISP SVG-FRONT LEADING BINS (NOV 2021-FEB 2022) $1,401.55 4775670 04/01/2022 DISP SVC-TONNER CYN (MAINT YD) $1,307.72 4775672 04/01/2022 DISP SVC-TONNER CYN (CAMP COURAGE) $524.20 4775668 04/01/2022 DISP SVC-15660 MAYOR DAVE WAY (YAL) $137.74 4775671 04/01/2022 DISP SVC-1123 HATCHER AVE #ABC $269.80 4777105 01/31/2022 DISP SVC-1123 HATCHER AVE #ABC $3,177.73 4775669 04/01/2022 DISP SVC-CITY HALL $493.91
4776074 04/01/2022 DISP SVC-CITY BUS STOPS $4,796.49
4775863 04/01/2022 DISP SVC-205 N HUDSON AVE $229.15
4777150 03/31/2022 DISP SVC-HADDICKS IMPOUND YARD $754.96 3886555 01/01/2020 DISP SVC-CITY HALL $343.56
3886557 01/01/2020 DISP SVC-TONNER CYN (CAMP COURAGE) $300.00 3886556 01/01/2020 DISP SVC-TONNER CYN (MAINT YD) $548.00 4078136-A 07/01/2020 BALANCE FOR INV 4078136 $100.00
4791172 03/31/2022 DISP SVC-CITY RESIDENTS $1,309.91
78100 04/28/2022 VANGUARD CLEANING SYSTEMS, $937.50
Invoice Date Description Amount
CITY OF INDUSTRY P. 27

WELLS FARGO BANK
April 28, 2022
Check Date Payee Name
Check Amount
CITY.WF.CHK - City General Wells Fargo
109841 04/01/2022 JANITORIAL SVC-HOMESTEAD $937.50
78101 04/28/2022 WEATHERITE SERVICE
$1,320.00
Invoice Date Description
Amount
L194810 03/31/2022 CONDENSER TUBE CLEANING-IBC
$1,320.00
78102 04/28/2022 WELLS FARGO
$9,114.16
Invoice Date Description
Amount
3/2-4/3/22 04/03/2022 CREDIT CARD EXPENSE P/E 4/3122 $9,114.16 78103 04/28/2022
WEST COAST ARBORISTS, INC. $19,819.00
Invoice Date Description
Amount
184071 03/31/2022 STREET TREES-PUBLIC ROW
$19,819.00
78104 04/28/2022 WKE, INC
$3,856.00
Invoice Date Description
Amount
1200419202 03/30/2022 GRAND AVE NB WIDENING OVER SAN JOSE CREEK $3,856.00 Checks Status Count Transaction Amount
Total 111 $2,129,805.84

CITY COUNCIL
ITEM NO. 6.2

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 10, 2022
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m.,
15651M Mar Dave Way, Cass ania: telephonicaliy using Coster ce Call Number, 657-204-3264, Conference ID: 754 773 103#.

FLAG SALUTE
The flag salute was led by Mayor Cory Moss.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; and Julie Robles, City Clerk.

PUBLIC COMMENTS
There were none.

CONSENT CALENDAR
CONSIDERATION OF THE REGISTER OF DEMANDS FOR FEBRUARY 10, 2022
RECOMMENDED ACTION: Approve Register of
Demands, and authorize the appropriate City Officials to pay the bills.

5.2 CONSIDERATION OF AWARD OF CONTRACT NO. CITY-1473, HOMESTEAD

MUSEUM EXTERIOR SITE IMPROVEMENTS AND ADA UPGRADES, TO HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC., IN AN AMOUNT NOT-TO- EXCEED $331,891.00, AND ADOPT A NOTICE OF EXEMPTION REGARDING SAME

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 10, 2022
PAGE 2
RECOMMENDED ACTION: Award the Contract to Horizons Construction Company in the amount of $331,891 and adopt a Notice of Exemption for the project.

5.3 CONSIDERATION OF CHANGE ORDER NO. 1 AND DEDUCTIVE CHANGE ORDER NO. 2, IN THE AMOUNT OF $2,864.92, AND NOTICE OF COMPLETION FOR CONTRACT NO. CITY-1475 ANNUAL PAVEMENT REHABILITATION FY 21, WITH

SULLY-MILLER CONTRACTING COMPANY
RECOMMENDED ACTION: Approve Change Order No. 1 & Deductive Change Order No. 2 and authorize the Deputy City Engineer to execute the Notice of Completion.

5.4 CONSIDERATION OF MATTERS RELATED TO THE COVID-19 PANDEMIC:
a. CONSIDERATION OF AN AMENDED AND RESTATED PROCLAMATION AND

ORDER OF THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
CONSIDERATION OF RESOLUTION NO. CC 2022-07 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, CONTINUING THE

AUTHORIZATION OF REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361
RECOMMENDED ACTION: Adopt the Amended and Restated
Proclamation proclaiming existence of a local emergency, and adopt Resolution No. CC 2022-07, authorizing the continuance of remote teleconferencing meetings pursuant to AB 361.

Mayor Moss recused herself from voting on check number 77555, for item 1 (Register of Demands) due to a potential or actual financial conflict of interest.

Council Member Radecki recused himself from voting on check number 77559, for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.

Council Member Ruggles recused himself from voting on check number 77107, for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Haddick's Auto Body.

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FEBRUARY 10, 2022
PAGE 3
Council Member Ruggles asked for a Staff Report for Item No. 5.2. Senior Project Manager James Cramsie, from CNC Engineering provided a staff report and was available to answer any questions.

MOTION BY COUNCIL MEMBER RADECKI, AND SECOND BY COUNCIL MEMBER

GREUBEL THAT THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING

ITEMS LISTED ON THE CONSENT CALENDAR, WITH MAYOR MOSS RECUSING HERSELF FROM CHECK NUMBER 77555 ON ITEM 1 (REGISTER OF DEMANDS)

AND COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 77559 ON ITEM 1 (REGISTER OF DEMANDS) AND COUNCIL MEMBER RUGGLES RECUSING HIMSELF FROM CHECK NUMBER 77107 ON ITEM 1 (REGISTER OF DEMANDS). MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS
.1 CONSIDERATION OF APPOINTMENT FOR ONE (1) VACANT SEAT ON THE

NDUSTRY PROPERTY AND HOUSING MANAGEMENT AUTHORITI
RECOMMENDED ACTION: Discuss and make appointment to the Property and Housing Management Authority and / or provide additional direction to Assistant City Manager Bing Hyun mentioned that one application was received for the one vacant seat.

MOTION BY MAYOR MOSS, AND SECOND BY MAYOR PRO TEM MARCUCCI TO

NOMINATE REHELEH GORGINFAR FOR THE APPOINTMENT TO THE PROPERTY AND HOUSING MANAGEMENT AUTHORITY. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

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FEBRUARY 10, 2022
PAGE 4
AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

6.2 CONSIDERATION OF RESOLUTION NO. CC 2022-08 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, ESTABLISHING A

CIVIC CENTER DESIGN AND DEVELOPMENT ADVISORY COMMITTEE
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-08.

City Manager Josh Nelson provided a staff report and explained the need for the Committee. This will help in looking forward with a vision for the development of the Advisory Committee as well as other forthcoming buildings. The proposal complies with the Brown Act and will have 5 members. Two members will be from the Council, two from the public with qualified electors (who are able to vote) and the 5th will be the Director of Development Services, Bing Hyun. A consultant may as well be involved but all actions will be brought back and approved by the Council. At a future meeting and after some thought and consensus the nomination of the two Council Members, within the guidelines of the Brown Act, will be appointed.

MOTION BY MAYOR PRO TEM MARCUCCI, AND SECOND BY COUNCIL MEMBER GREUBEL TO ADOPT RESOLUTION NO. CC 2022-08. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

CITY MANAGER REPORTS
City Manager, Josh Nelson informed the Council that he and Sam Pedroza had attended the League of Cities Conference and found it to be very informative.

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PAGE 5
AB 1234 REPORTS
There were none.

City Attorney Casso said that Josh Nelson, in reporting in the City Manager Reports, had complied with the AB 1234 reports.

CITY COUNCIL COMMUNICATIONS
Mayor Moss asked if there is no objection to provide a special certificate to Joe Schuman at an upcoming meeting for his 38 years of service at El Encanto.

CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:

Mr. H. spoke in opposition of Closed Session Items 10.1 and 10.2. He provided documents for the record.

10.1 CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION Pursuant to Government Code Section 54956.9(d) (1)
Concerned Citizens of City of Industry v. Radecki, et al.

Superior Court of California, County of Los Angeles
Case No. BC700716

10.2 CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION Pursuant to Government Code Section 54956.9(d) (1)
City of Industry v. Cruz
Superior Court of California, County of Los Angeles
Case No. 20STCV25407
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:23 a.m.

Mayor Moss reconvened the meeting at 10:51 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session items 10.1, and 10.2, direction was given to the City Attorney's Office. No final action was taken, nothing further to report.

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PAGE 6

ADJOURNMENT
There being no further business, the City Council adjourned at 10:53 a.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
FEBRUARY 10, 2022
PAGE 1

CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 754 773 103#.

FLAG SALUTE
The flag salute was led by Mayor Cory Moss.

PUBLIC COMMENTS
There were none.

CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:

Armando Herman spoke in opposition of Closed Session.

5.1 CONFERENCE WITH LEGAL COUNSEL - EXISITING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Mosley v. City of Industry, et al
Superior Court of California, County of Los Angeles
Case No. 21STCV44149

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FEBRUARY 10, 2022
PAGE 2

5.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of Industry, CA, 91744 also known as Assessor Parcel Numbers (portion of)
8247-014-900, (portion 0f) 8247-013-908, 8262-001-
900, 8262-001-902, (portion of) 8262-011-930, 8262-
011-931, 8262-012-270, 8262-012- 271, 8262-012-
272, 8262-012-273, (portion of) 8262-012-274,
(portion of) 8262-012-275, 8262-012-276, (portion of)
8262-015-900, (portion of) 8262-015-901, 8262-015-
902, 8262-015-904, (portion of) 8262-015-905, 8263-
008-270, 8263-008-271, 8263-008-904 and 8263-
027-270
Agency Negotiators: Josh Nelson, City Manager,
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a Delaware limited liability company
Under Negotiation: Price and terms of payment

5.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Prency Negotiator Parcel Num e502, 2it 90 and 8262015-901 Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Beach Street Development LLC
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:

Property: Assessor Parcel Numbers 8262-015-900, 8262-015- 901 and 8565-024-008
Agency Negotiators: Josh Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Edward P. Roski, Jr., Trustee of The Roski, Sr.

Revocable Trust of 199.1; Edward P. Roski, Jr.,
Trustee of the Non-Exempt Roski Family Trust
Under Negotiation: Price and terms of payment

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FEBRUARY 10, 2022
PAGE 3
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:23 a.m.

Mayor Moss reconvened the meeting at 10:51 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session item 5.1, direction was given to the City Attorney's Office, no final action was taken.

With regard to Closed Session items 5.2, 5.3, and 5.4, direction was given to the Agency Negotiators, no final action taken.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:53 a.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 10, 2022
PAGE 1

CALL TO ORDER
The Regular Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber, 15651 Mayor Dave Way, California and telephonically using Conference Call Number, 657-204-3264, Conference ID: 871 701 797#.

FLAG SALUTE
The flag salute was led by Mayor Cory Moss.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
ABSENT: Michael Greubel, Council Member
Mayor Moss asked with no objection that Council Member Michael Greubel be excused today, he is not feeling good.

STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Robles, City Clerk.

PUBLIC COMMENTS
Mike Greenspan and Armando Herman each spoke about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

CONSENT CALENDAR
Mike Greenspan and Armando Herman each spoke in opposition of the Consent Calendar.

Council Member Ruggles asked to pull Item Nos. 5.2, and 5.4, for a staff report.

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MARCH 10, 2022
PAGE 2
Mayor Moss asked to pull Item No. 5.7, for a staff report.

5.1 CONSIDERATION OF THE REGISTER OF DEMANDS FOR MARCH 10, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

5.2 CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. TO PROVIDE AN INTELLIGENT

TRANSPORTATION SYSTEMS MASTER PLAN, IN AN AMOUNT NOT-TO-EXCEED $175,060.00
RECOMMENDED ACTION: Approve the Agreement.

Program Manager, Tapas Dutta, with CNC Engineering provided a staff report and was available to answer any questions.

5.3 CONSIDERATION OF A RIGHT-OF-WAY CONTRACT WITH THE SAN

GABRIEL VALLEY COUNCIL OF GOVERNMENTS FOR VARIOUS RIGHT OF WAY PROPERTIES FOR THE STATE ROUTE 57/60 CONFLUENCE CHOKEPOINT RELIEF PROJECT (MP 99-31 #22C)
RECOMMENDED ACTION: Approve the Right-Of-Way
Contract with San Gabriel Valley Council of Government.

5.4 CONSIDERATION OF TAKE OVER AGREEMENT WITH ARCH INSURANCE COMPANY, FOR CONTRACT NO. CIP-FAC-19-049-B, (CITY-1456), SITE PLAN FOR

SHERIFF'S TRAILER
RECOMMENDED ACTION: Approve the Agreement.

Engineering Manager, Mat Hudson, provided a staff report along with photos and was available to answer any questions.

CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH TRI-STAR INDUSTRIAL SUPPLIES AND

SERVICES, TO RENDER SERVICES AS THE INSPECTOR OF RECORD FOR THE

EL ENCANTO INTERIOR IMPROVEMENTS PROJECT, EXTENDING THE TERM THROUGH MARCH 12, 2024, REVISING THE INDEMNITY PROVISIONS, UPDATING

CITY COUNCIL REGULAR MEETING MINUTES

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MARCH 10, 2022
PAGE 3
THE RATE SCHEDULE, INCREASING COMPENSATION BY $10,000.00, AND UPDATING THE ADDRESS FOR THE CITY (CIP-FAC-19-064-B)
RECOMMENDED ACTION: Approve the Amendment.

5.6 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GREGG MAEDO + ASSOCIATES, INC., FOR

ARCHITECTURAL SERVICES AT EL ENCANTO HEALTHCARE
HABILITATION CENTER, EXTENDING THE TERM THROUGH AUGUST 1, 2023,

REVISING THE SCOPE OF SERVICES, REVISING THE RATE SCHEDULE, AND INCREASING COMPENSATION BY $18,595.00
RECOMMENDED ACTION: Approve the Amendment.

5.7 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH MUNIENVIRONMENTAL, LLC,

ENVIRONMENTAL AND RECYCLING CONSULTING SERVICES, EXTENDING THE TERM THROUGH MARCH 21, 2023, REVISING THE SCOPE OF SERVICES AND THE RATE SCHEDULE, AND INCREASING THE COMPENSATION BY $83,000.00 RECOMMENDED ACTION: Approve the Amendment.

Assistant City Manager, Bing Hyun provided a staff report and was available to answer any questions
CONSIDERATION OF AMENDMENT NO. 1 TO THE LICENSE AGREEMENT WITH J. DE SIGIO CONSTRUCTION, INC. FOR ASSESS TO ACCESSOR'S PARCEL NO. 8262-015-901 LOCATED AT THE CORNER OF INDUSTRY HILLS PARKWAY

AND SOUTH AZUSA AVENUE, FOR TEMPORARY STAGING OF CONSTRUCTION

MATERIALS AND EQUIPMENT
RECOMMENDED ACTION: Approve the Agreement.

5.9 RATIFICATION OF LICENSE AGREEMENT WITH DOTY BROS EQUIPMENT co., FOR ACCESS TO ASSESSOR'S PARCEL NO. 8262-015-901, LOCATED AT

THE CORNER OF INDUSTRY HILLS PARKWAY AND SOUTH AZUSA AVENUE,

FOR TEMPORARY STAGING OF CONSTRUCTION MATERIALS AND EQUIPMENT RECOMMENDED ACTION: Ratify the Agreement.

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PAGE 4

5.10 RATIFICATION OF LICENSE AGREEMENT WITH GROUP DELTA CONSULTANTS, INC. FOR ACCESS TO ASSESSOR'S PARCEL NO. 8564-007-901,

LOCATED AT THE NORTHWEST CORNER OF VALLEY BOULEVARD AND TEMPLE AVENUE, FOR TEMPORARY STORAGE OF THREE 55- GALLON DRUM

CONTAINERS
RECOMMENDED ACTION: Ratify the Agreement.

5.11 CONSIDERATION OF RESOLUTION NO. CC 2022-10 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA AUTHORIZING THE

CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
10, authorizing the continuance of remote teleconferencing meetings pursuant to AB

5.12 CONSIDERATION OF RESOLUTION NO. CC 2022-11 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING A

DONATION TO THE INDUSTRY SHERIFF'S YOUTH ATHLETIC LEAGUE IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR ITS ANNUAL GOLF

TOURNAMENT
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-

11. 5.13 CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH GRANICUS, LLC, FOR WEBSITE MAINTENANCE AND HOSTING, EXTENDING THE TERM THROUGH FEBRUARY 13, 2023, INCREASING COMPENSATION BY $33,195.72, UPDATING THE RATE SCHEDULE

AND SCOPE OF SERVICES, UPDATING THE ADDRESS OF THE CITY,

CONSULTANT AND CITY ATTORNEY, AND UPDATING THE INDEMNITY

PROVISIONS CONSISTENT WITH BEST PRACTICES FOR INDEPENDENT

CONTRACTORS
RECOMMENDED ACTION: Approve the Amendment.

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MARCH 10, 2022
PAGE 5
Council Member Radecki recused himself from voting on check number 77781 for item 1 (Register of Demands) due to a potential or actual financial conflict of interest due to he is currently employed by Square Root Golf and Landscape.

MOTION BY CHAIR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI THAT

THE RECOMMENDATIONS BE ACCEPTED FOR THE REMAINING ITEMS LISTED

ON THE CONSENT CALENDAR, WITH COUNCIL MEMBER RADECKI RECUSING HIMSELF FROM CHECK NUMBER 77781 ON ITEM 1 (REGISTER OF DEMANDS).

MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: RADECKI, RUGGLES, MPT/MARCUCCI,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: GREUBEL
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS

SCOREA TOTAL DUSTRAL AUTHORITIES BRANT SEAT ON THE
RECOMMENDED ACTION: Discuss and make appointment
to CRIA and/or provide additional direction to staff.

City Manager, Josh Nelson announce that one application was received for this appointment, Ronald McPeak
Mike Greenspan and Armando Herman each spoke in opposition of Item No. 6.1.

MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER RADECKI TO APPOINT RONALD MCPEAK TO THE OPEN SEAT ON THE CRIA BOARD. MOTION CARRIED 4-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: RADECKI, RUGGLES, MPT/MARCUCCI,
M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: GREUBEL
ABSTAIN COUNCIL MEMBERS: NONE

CITY COUNCIL REGULAR MEETING MINUTES

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MARCH 10, 2022
PAGE 6

CITY MANAGER REPORTS
There were none.

AB 1234 REPORTS
Mayor Moss reported that herself along with Council Member Greubel, Vice Chair Cathy Marcucci and Public Affairs Manager Sam Pedroza went to Sacramento this week. They had a meeting with the new Senator Bob Archuleta. He is interested in coming for a tour of the City of Industry and to speak to us regarding how he could be of service to us.

CITY COUNCIL COMMUNICATIONS
Council Member Newell Ruggles spoke about the just approved resolution to the Industry Sheriff's Youth Athletic League Golf Tournament. Any new contractors that wish to participate, please sign up and get involved. This is our biggest fund raiser of the year.

All donations go to youth sports.

CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:

Mike Greenspan and Armando Herman each spoke in opposition of Closed Session.

10.1 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 related cross actions
Superior Court of California, County of Los Angeles
Case No. 19STCV10150

10.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Cabanlit v. Con-Way Freight, Inc. et al.

Superior Court of California, County of Los Angeles
Case No. BC656364
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:45 a.m.

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MARCH 10, 2022
PAGE 7
Mayor Moss reconvened the meeting at 10:42 a.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present except for Council Member Greubel.

With regard to Closed Session Items 10.1 and 10.2, direction was given to the City Attorney's Office, no further action taken.

City Attorney, Jaime M. Casso, reported that a settlement agreement has been signed for the Lloyd Mosley lawsuit with a settlement for $14,000.00. Mr. Mosley has agreed to first report to the City within 90 days of any alleged violations in the future. This was dismissed without prejudice. No further action to be done on this case.

ADJOURNMENT
There being no further business, the City Council adjourned at 10:44 a.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 1

FLAG SALUTE
The flag salute was led by Mayor Cory Moss.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem- Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
James MR Cas, Gily ANorey, Bit Ma Spars Ag Hyan Giry sAtan City Manager, James M. Casso,
Robles, City Clerk.

PUBLIC COMMENTS
presentine a Water Qualiy Any til are an else as the ner future, to provide a presentation to the City explaining what the Authority does.

Mike Greenspan and Armando Herman each spoke about their first amendment freedom of speech rights, to include the tolerance of all unpleasant forms of speech. They spoke about their opposition to government policies/leadership and provided documents for the record.

CONSENT CALENDAR
Mayor Moss announced that Item Nos. 5.7, 5.8, 5.9 and 5.10 are to be pulled from the Consent Calendar and will be up for consideration at a future meeting.

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CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 2
Mike Greenspan and Armando Herman each spoke in opposition of the Consent Calendar.

Council Member Ruggles asked to pull Item Nos. 5.4, 5.5, and 5.6, for a staff report.

CONSIDERATION OF THE REGISTER OF DEMANDS FOR MARCH 24, 2022 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.

5.2 CONSIDERATION OF THE MINUTES OF THE JANUARY 27, 2022 REGULAR

MEETING
RECOMMENDED ACTION: Approve as submitted.

CONSIDERATION OF AMENDMENT NO. 1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES FOR SALES AND USE TAX SERVICES, EXTENDING THE TERM THROUGH MARCH 28, 2025, UPDATING THE RATE SCHEDULE, THE ADDRESSES OF THE CITY AND

CITY ATTORNEY, AND THE INDEMNITY PROVISIONS CONSISTENT WITH BEST

PRACTICES FOR INDEPENDENT CONTRACTORS
RECOMMENDED ACTION: Approve Amendment No. 1 to the
Professional Services Agreement with HdL.

CONSIDERATION OF THE HOUSING ELEMENT ANNUAL PROGRESS
REPORT
RECOMMENDED ACTION:

Element Annual Progress Report for 2021, and direct staff to transmit copies to the California Department of Housing and Community Development and Governor's Office of Planning and Research by email not later than April 1, 2022, as required by State law.

Assistant City Manager, Bing Hyun provided a staff report and was available to answer any questions.

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MARCH 24, 2022
PAGE 3

5.5 CONSIDERATION OF RESOLUTION NO. CC 2022-12 - A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA TO APPROVE A

GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF INDUSTRY AND THE

COUNTY OF LOS ANGELES
RECOMMENDED ACTION: Adopt Resolution No. CC 2022-
12 and authorize the Mayor to execute the General Services Agreement with the County of Los Angeles dated July 1, 2022.

City Manager, Josh Nelson provided a staff report and was available to answer any questions.

5.6 CONSIDERATION OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRIMARK ASSOCIATES, INC., FOR THE

METROLINK SOLAR AND ELECTRICAL VEHICLES CHARGER FACILITY, EXTENDING TERM THROUGH MARCH 31, 2025, REVISING THE RATE SCHEDULE, INCREASING COMPENSATION BY $100,000.00, REVISING INDEMNITY PROVISIONS, AND REVISING THE ADDRESS OF THE CITY (MP 06-18 #10) RECOMMENDED ACTION: Approve the Amendment.

Dev Birla, Operations Manager at CNC Engineering, provided a staff report and was available to answer any questions.

CONSIDERATION OF ANNUAL AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2021
RECOMMENDED ACTION: Approve Annual Audited
Financial Statements for FY 20-21.

THIS ITEM WAS PULLED FROM THE AGENDA.

5.8 CONSIDERATION OF INDEPENDENT AUDITOR'S REPORT ON INTERNAL

CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS FOR THE FISCAL YEAR ENDED JUNE 30, 2021
RECOMMENDED ACTION: Approve Independent Auditor's
Report for FY 20-21.

THIS ITEM WAS PULLED FROM THE AGENDA.

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MARCH 24, 2022
PAGE 4

CONSIDERATION OF AUDITOR'S COMMUNICATIONS WITH THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2021
RECOMMENDED ACTION: Approve Auditor's
Communication Report for FY 20-21.

THIS ITEM WAS PULLED FROM THE AGENDA.

5.10 CONSIDERATION OF INDEPENDENT AUDITOR'S REPORT ON AGREED-

UPON PROCEDURES APPLIED TO THE APPROPRIATIONS LIMIT WORKSHEETS FOR THE FISCAL YEAR ENDING JUNE 30, 2021
RECOMMENDED ACTION: Approve the Appropriations Limit
Worksheet for FY 20-21.

THIS ITEM WAS PULLED FROM THE AGENDA.

MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER GREUBEL TO APPROVE THE CONSENT CALENDAR WITH ITEM NOS. 5.7, 5.8, 5.9, AND 5.10 PULLED FROM THE AGENDA. MOTION CARRIED 5-0, BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES,

MPT/MARCUCCI, M/MOSS
NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: NONE

ACTION ITEMS
CONSIDERATION OF APPOINTMENTS FOR FOUR (4) VACANT SEATS ON

THE CIVIC CENTER DESIGN AND DEVELOPMENT ADVISORY COMMITTEE RECOMMENDED ACTION: Discuss and make appointments,
two members from the City Council and two members who are City electors to the Civic Center Design and Development Advisory Committee and/or provide additional direction

CITY COUNCIL REGULAR MEETING MINUTES

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MARCH 24, 2022
PAGE 5
Assistant City Manager, Bing Hyun noted that the Civic Center Design and Development Advisory Committee was created and approved at the February meeting and today the two electors and two City Council members are to be determined with this action item.

Two applications were received, one from Manuel Perez and the other from Steve Marcucci.

Manuel Perez spoke to the Council and thanked them for their consideration for this appointment.

Mayor Moss said she was happy to approve both of these applications to the committee.

Mike Greenspan and Armando Herman each spoke in opposition of Item No. 6.1.

MOTION BY MAYOR MOSS, AND SECOND BY COUNCIL MEMBER GREUBEL TO

APPOINT BOTH MANUAL PEREZ AND STEVE MARCUCCI TO THE TWO OPEN SEATS ON THE COMMITTEE. MOTION CARRIED 4-0, WITH ONE ABSTENTION BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: GREUBEL, RADECKI, RUGGLES, M/MOSS NOES: COUNCIL MEMBERS: NONE
ABSENT COUNCIL MEMBERS: NONE
ABSTAIN COUNCIL MEMBERS: MPT/MARCUCCI
Mayor Moss, based on interest, discussed with the Council Members as to who was interested in the two open positions. After conversation ensued, Mayor Moss determined that Council Members Greubel and Radecki would sit on this committee, along with Bing Hyun completing the five seats needed for the Advisory Committee. No vote was taken or necessary.

CITY MANAGER REPORTS
City Manager Josh Nelson announced that a facility that we own in the City, El Encanto Healthcare and Habilitation Center, has been named the 3rd best nursing home throughout the country by Newsweek Magazine. Congratulations to Ken Calvo and staff for a great job!
Also, we are starting an employee recognition program beginning this year. We have five-year pins for four employees: Carmen Cooper, Laura Hudson, Yamini Pathak and Julie Hardt. Plus, a fifteen-year pin for Elise Calvo and a twenty-year pin to Bertha Perez.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 6
Pins were passed out and pictures were taken. Thank you for your dedicated work.

AB 1234 REPORTS
There were none.

CITY COUNCIL COMMUNICATIONS
Mayor Moss again gave out a huge congratulations to Ken Calvo and the staff at El Encanto Healthcare and Habilitation Center.

CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:

City Manager Josh Nelson pulled Closed Session Item 10.3 from the agenda until a future meeting.

Mike Greenspan and Armando Herman each spoke in opposition of Closed Session.

10.1 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Case: Ruiz v. City of Industry
Superior Court of California, County of Los Angeles
Case No. 20STCV29058

10.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Case: Cabanlit v. Con-Way Freight, Inc., et al.

Superior Court of California, County of Los Angeles
Case No. BC656364

10.3 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY TREASURER

10.4 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY MANAGER
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:45 a.m.

CITY COUNCIL REGULAR MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 7
Mayor Moss reconvened the meeting at 12:01 p.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session Items 10.1 and 10.2, direction was given to the City Attorney's Office, no further action taken.

With regard to Closed Session Item 10.3, this item was pulled.

With regard to Closed Session item 10.4, there was no reportable action. Nothing further to report at this time.

ADJOURNMENT
There being no further business, the City Council adjourned at 12:02 p.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 1

CALL TO ORDER
The Special Meeting of the City Council of the City of Industry, California, was called to order by Mayor Cory C. Moss at 9:00 a.m., in the City of Industry Council Chamber 15651 Mayor Dave Way, California and telephonically using Conference Call Number 657-204-3264, Conference ID: 340 827 519#.

FLAG SALUTE
The flag salute was led by Mayor Cory Moss.

ROLL CALL
PRESENT: Cory C. Moss, Mayor
Cathy Marcucci, Mayor Pro Tem - Telephonically
Michael Greubel, Council Member
Mark Radecki, Council Member
Newell W. Ruggles, Council Member
STAFF PRESENT: Josh Nelson, City Manager; Bing Hyun, Assistant City Manager; James M. Casso, City Attorney; Bianca Sparks, Assistant City Attorney; and Julie Robles, City Clerk

PUBLIC COMMENTS
Robert Gonzales, Mayor from the City of Azusa, came by to introduce himself as the new Representative for the Water Quality Authority in this area and would like, in the near future, to provide a presentation to the City explaining what the Authority does.

CLOSED SESSION
City Clerk Robles announced there was a need for Closed Session as follows:

Mike Greenspan and Armando Herman each spoke in opposition of Closed Session.

CITY COUNCIL SPECIAL MEETING MINUTES

CITY OF INDUSTRY, CALIFORNIA
MARCH 24, 2022
PAGE 2

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 related cross actions
Superior Court of California, County of Los Angeles
Case No. 19STCV10150

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d) (4) One Potential Case
Mayor, Cory C. Moss, recessed the meeting into Closed Session at 9:45 a.m.

Mayor Moss reconvened the meeting at 12:01 p.m.

City Attorney Casso reported out of Closed Session. All members of the Council were present.

With regard to Closed Session items 5.1 and 5.2, direction was given to the City Attorney's Office, no further action taken. Nothing further to report.

ADJOURNMENT
There being no further business, the City Council adjourned at 12:02 p.m.

CORY C. MOSS
MAYOR

JULIE ROBLES

CITY CLERK

CITY COUNCIL
ITEM NO. 6.3
Additional Back-Up Material will be Distributed prior to Meeting

SIT OF INDUSTRE
(1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager Of
STAFF: Mathew Hudson, Engineering Manager
Tim Bowser, GIS Manager, CNC Engineering
DATE: April 28, 2022
SUBJECT: Consideration of a Professional Services Agreement with Cartegraph Systems LLC, for Work Order Geographic Information System Software, in the amount of $ 167,545.00, through March 21, 2025 (MP 16-06) Background:

The City has been working with Cartegraph Systems, LLC ("Cartegraph") since 2016.

Cartegraph provides a software that tracks the City's field operations and City asset condition in a geographic information system ("GIS") environment. Additionally, Cartegraph provides a data collection platform that complies with best practices which includes extraction and asset module services for the following assets: sign, support, sidewalk, ADA ramp, median, landscape, trees, parcel, water, bus stop and pavement inspection. The City Council previously approved two, three year extensions with Cartegraph in 2016 and 2019, and the current term expires on March 21, 2022.

Discussion:

City Staff is recommending a Professional Services Agreement ("Agreement") with Cartegraph to continue providing services for a new three year term through March 21, 2025. Also included as part of this Agreement are additional services that Cartegraph will be providing to the City. First, Cartegraph will provide two onsite training service events to be scheduled within the term of the Agreement. Each training will be a two-day event.

Topics will include implementation consulting and system configuration. Second, the Asset Builder extension will allow the City to create new assets within Cartegraph, including access to API for integration building and access to add customized assets.

Third, the continuation of SeeClickFix, that allows the public to report concerns, such as potholes, available online and through an application. Fourth, the continuation of a Test Environment that allows staff to implement the entry of the Industry Public Utilities database while not disrupting the current live environment of the program.

Fifth, Asset Condition Manager that allows Staff to create preventative maintenance plans. It will also create access to the following performance management areas, such as prediction groups, minimum condition groups, activities and impacts, criticality factor and install/replaced dates. Without the Asset Condition Manager function, the City would only have available a five-star rating option for inspections, which is limited in detailed information that can be inputted.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Finally, Scenario Builder is a new budgeting and planning tool which allows Staff to run maintenance scenarios against any City asset to prioritize projects, maximize impact, and predict costs. Scenario Builder considers current asset conditions and performance curves to predict the performance of assets before maintenance is completed. Cartegraph will provide up to sixteen hours of remote training where Staff will become familiar with Scenario Builder's functionality.

Fiscal Impact:

The fiscal impact is $167,545.00 over three years. The first term will cost $68,950.00, which includes the cost for the training. The second term will cost $48,570.00 and the third will cost $50,025.00. In the adopted Fiscal Year 2021-2022 Budget, $50,000.00 is approved (Account No. 100-525-5695.04, MP 16-06) and an additional $50,000.00 is included in the mid-year budget proposal, subject to approval by the City Council. No appropriations are required.

Recommendation:

Approve the Professional Services Agreement with Cartegraph.

Exhibit:

A. Professional Services Agreement with Cartegraph Systems, LLC., dated April 28, 2022
JN/MH/TB:jf

EXHIBIT A
Professional Services Agreement with Cartegraph Systems, LLC., dated April 28, 2022
[A handout will be distributed at the meeting]

CITY COUNCIL
ITEM NO. 6.4

SETH HOUSTON
1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager gr
STAFF: Mathew Hudson, Engineering Manager
Tim Bowser, GIS Manager, CNC Engineering
DATE: April 28, 2022
SUBJECT: Consideration of Amendment No. 3 to the Professional Services Agreement with Enterprise Maps, LLC, for technical support services for the deployment of Amazon Web Services infrastructure for ArcGIS Enterprise, extending the term through June 30, 2025, revising the scope of services, revising the rate schedule, increasing compensation by $300,000.00, and revising the address for the City (MP 16-06) Background:

On June 25, 2020, the City Council approved a Professional Services Agreement ("Agreement") with Enterprise Maps to provide technical support services for the deployment of Amazon Web Services ("AWS) infrastructure for ArcGIS Enterprise. The scope of services includes meetings and discussions to identify the exact specifications for the best possible Geographic Information System ("GIS") infrastructure to meet the City's needs, identifying the annual cost for AWS before the City begins its Enterprise Jumpstart program with Environmental Systems Research Institute ("ESRI"), providing AWS CloudFormation Template to automate the provisioning of the services that will be included in the City's GIS infrastructure, and deploying and configuring all AWS services required for a highly available ArcGIS Enterprise infrastructure before the Enterprise Jumpstart.

On January 14, 2021, the City Council approved Amendment No. 1, extending the term of the Agreement to June 25, 2021, due to the additional time needed to identify specifications and costs. On March 25, 2021, the City Council approved Amendment No. 2, extending the term of the Agreement to June 30, 2023, along with a companion increase in compensation of $161,500.00, revising the rate schedule, scope of services, and the indemnity provisions.

Staff evaluated the requirements to upgrade the City's GIS, and subsequently Enterprise Maps deployed the on-premise environment for Staff to develop and test GIS products before publishing to the AWS production environment for City Staff and citizens to utilize. This on-premise environment prevents the City's GIS in the AWS production environment from being affected by any developmental updates until Staff has properly tested and approved the update.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Discussion:

The on-premise environment required Staff to deploy instances of ArcGIS Enterprise on City servers. Enterprise Maps has currently worked with Staff to design the City's GIS and will provide additional services, including three years of general system maintenance, in the full upgrade of the City's GIS.

Maintenance will be performed to the current ArGIS Enterprise infrastructure on premises and in AWS and will include troubleshooting, debugging, general questions, consultation, patching, and recommend upgrades. Enterprise Maps will build a virtual staging environment in AWS to test upgrades or patches before deploying to any environments on City servers or the AWS production environment. Staff recommends extending the term through June 30, 2025, to provide the general system maintenance services. Amendment No. 3 also includes a revised rate schedule to reflect Enterprise's current rates, an increase in compensation of $300,000.00 for additional tasks and project management services, and updates to the address for the City.

Fiscal Impact:

The fiscal impact for Amendment No. 3 is $300,000.00 over three years. In the adopted FY 2021-2022 General Fund budget, $450,000.00 is approved and there is sufficient budget for the remainder of the fiscal year (Account No. 100-525-5120.01) (MP 16-06).

Recommendation:

Staff recommends the City Council approve Amendment No. 3 to the Professional Services Agreement with Enterprise Maps.

Exhibit:

A. Amendment No. 3 to the Professional Services Agreement with Enterprise Maps, LLC. dated April 28, 2022
JN/MH/TB:jf

EXHIBIT A
Amendment No. 3 to the Professional Services Agreement with Enterprise Maps, LLC. dated April 28, 2022
[Attached]
AMENDMENT NO. 3

TO PROFESSIONAL SERVICES AGREEMENT WITH ENTERPRISE MAPS LLC This Amendment No. 3 to the Professional Services Agreement ("Agreement"), is made and entered into this 28th day of April
industry, a unicipal corporation City, and Enterprise Maps Li, a Cal ornate ted any of company ("Consultant"). The City and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about June 25, 2020, the Agreement was entered into and executed between the City and Consultant to provide technical support services for geographic information systems software; and
WHEREAS, on or about January 14, 2021, Amendment No. 1 was approved, extending the term through June 25, 2021, allowing Consultant to continue providing support services for the implementation of GIS software; and
WHEREAS, on or about March 25, 2021, Amendment No. 2 was approved, extending the term through June 30, 2023, along with increasing compensation by $161,500.00, revising the rate schedule and scope of services, and revising the indemnity provisions; and WHEREAS, the City desires to amend the Scope of Services to include an on-premise environment for testing and developing GIS updates to the City's Enterprise system, ensuring a successful implementation to the cloud infrastructure, and providing training to City Staff.

Additionally, it is necessary to extend the Agreement through June 30, 2025 to allow Consultant to provide these services, revise the rate schedule to reflect Consultant's current rates along with a companion increase in compensation of $300,000.00, and update the address for the City; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 3, as set forth below.

AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025 unless sooner terminated to the provisions of this Agreement.

PAYMENT
The second sentence of Section 4(a) is hereby amended to read in its entirety as follows:

This amount shall not exceed Four Hundred Eighty Six Thousand Five Hundred Dollars ($486,500.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

14. NOTICES
To City: City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Attention: City Manager
Exhibit A, Scope of Services
The Scope of Services is hereby revised to include the services set forth in Attachment 1, attached hereto, and incorporated herein by reference.

Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety, and replaced with the rates set forth in Attachment 2, attached hereto, and incorporated herein by reference.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Enterprise Maps, LLC
By: By:

Joshua Nelson, City Manager Geoffrey West, CEO, Co-Founder Attest:

By: _
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:_
James M. Casso, City Attorney
ATTACHMENT 1

EXHIBIT A
Scope of Services
Consultant shall provide the following additional services:
1) Kickoff meeting 1) Introduce teams, establish communication preferences, schedule Agileceremonies
2) Identify City Staff members for project contact.

Review scope of work
Review access requirements, environments, processes, source code, development & security standards, tooling, documentation, and repositories
Review Service-Level Agreements (SLAs) for City for general maintenance tickets
General Maintenance 1) AWS
for Enterprise GIS and a) System maintenance
Amazon Web Services i) Current Infrastructure
(AWS) Environments ii) Infrastructure as Code
Debugging
General questions and consultation
Patching
Recommended upgrades, remediation
f) Building AWS Virtual Staging Environment
i) Network Stack
ii) Compute Stack
iii) Database Stack
iv) Backend Stack
2) ArcGIS Enterprise
a) Patching and troubleshooting the Development andStaging environments on City servers and theProduction environment in AWS.
b) Installing system upgrades to the Development and Staging environments on City servers, and the Production environment in AWS. c) General ArGIS Enterprise questions and consultation required from Client 3) ArcGIS Online Integrations
a) Maintenance and troubleshooting
b) General consultation for Disaster Recovery (DR) strategy A. Components: The Services and Deliverables will be limited to the following components:
i. Existing AWS infrastructure and GIS applications
B. Design Considerations: Consultant and City agree to the following design considerations:

Solution architecture shall utilize AWS managed services, where possible, to optimize forefficiency, cost, security, reliability, and operational effort
Solution shall be architected, built, and deployed in a secure, scalable, highly available, and cost-effective manner
ili. No special regulatory or compliance needs, such as Health Insurance Portability and Accountability Act of 1996 (HIPAA), Payment Card Industry (PCI), General Data Protection Regulation (GDPR), etc., are in scope of this engagement
C. City's Responsibilities: Consultant is reliant on City for:
i. Provided expected behavior of system issues
ii. Provide SLAs for system maintenance issues
ill. Significant availability of key decision makers for the duration of the engagement
iv. Providing appropriate and timely access to the following:
a. City's subject matter experts, necessary personnel, facilities, and other resources, including access to City's service providers b. Onboarding and remote access and other privileges necessary to access and use City's equipment, software, or services
c. Information and documentation related to City's computer software, source code, configuration, data, reports, and specifications
D. Out of Scope: The following are considered out of scope:
i. Windows Operating System (OS) patching of on-premises infrastructure ii. Any expansion of GIS application workflows
iii. Any application architecture, design, and implementation for GIS workflows
ATTACHMENT 2

EXHIBIT B
Rate Schedule
Rate Schedule for Disaster Recovery Planning and Implementation Resource Rate
AWS Architect $180.00/hour
AWS Engineer $95.00/hour
GIS Platform Engineer $90.00/hour
EXHIBIT A TO AMENDMENT NO. 3:

PROFESSIONAL SERVICES AGREEMENT WITH ENTERPRISE MAPS, LLC.

DATED JUNE 25, 2020

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement"), is made and effective as ot June 25, 2020 ("Effective Date"), between the City of Industry, a municipal corporation ("City") and Enterprise Maps LLC, a California limited liability company ("Consultant). The City and Consultant are hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 28, 2021 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing technical support services for geographic information systems software, serving a municipal agency.

Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political

Page 1 of 16 ends

Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant's performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et sea.

Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT
(a) Ine City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

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(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

Consultant hereby grants to City all right, title, and interest, including any copyright, in and to

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performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, detend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

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8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference. In the event that Consultant hires any employees, Consultant shall notify the City immediately, and shall be required to maintain workers compensation insurance under terms set forth by the City.

9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (i) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (i) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager

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With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Consultant: Enterprise Maps, LLC.
918 S Oxford. Ave, Suite 503
Los Angeles, CA 90006
Attention: Geoffrey West, CEO, Co-Founder

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconsultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.

Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

16. GOVERNING LAW/ATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, 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.

17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous

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agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Consultant 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 Agreement shall be deemed to have been waived by City or Consultant unless in writing.

22. 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 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.

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23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authorily to bind Consultant to the performance of its obligations IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"СІТУ" "CONSULTANT"
City of Industry Enterprise Maps, LLC.

By:. By: Seofrey Wot
Troy Helling, City Manager Geoffrey West, CEO, Co-Founder Approved as to form:

By:.

James M. Casso, City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services:

Services will be delivered in four phases. Requirements/Setup, System Design, Testing and Production Rollout.

Phases 1 & 2 - Requirements/Setup and System Design (2 months) Host a one-day workshop and discovery session for City Staff to identify exact specifications for the best possible infrastructure meeting City's needs.

Create and implement the steps necessary to obtain the best possible Amazon Web Services ("AWS") infrastructure for the City ("Solution"). Solution will follow Environmental Systems Research Institute ("ESRI") recommended system requirements for servers and databases when building out cloud infrastructure. Solution will be aligned to AWS Well- Architected Framework to ensure security, scalability, and keep costs low in the cloud for the City. Solution will save money over several years and reduce the overhead of having to maintain a physical infrastructure.

Identify the annual cost for AWS before the City begins its Enterprise Jumpstart program.

Provide AWS CloudFormation Template to automate the provisioning of the services that will be included in the City's GIS infrastructure in AWS.

Deploy and configure the following AWS services required for a highly available ArcGIS Enterprise infrastructure before the implementation of the Enterprise Jumpstart:
* Virtual Private Cloud (VPC), a virtual network hosted by AWS isolated from other virtual networks. AWS services for the City's GIS infrastructure will be launched within the VPC.

Subnets, used as a security measure and to relieve network congestion by creating a partition of an IP network into smaller network segments. Subnets allow for different access rules to be applied, such as private and public IPs.

Route 53 Domain Name System, an AWS service used to connect user requests to the City's GIS infrastructure running in AWS, such as the Elastic Load Balancer (ELB).

ELBs, an AWS service that routes end user requests to registered targets such as Elastic Compute Clouds (EC2). In the event of an overwhelming amount of user requests, the ELB prevents overload of an EC2 in one Availability Zone (AZ) by routing request to an identical EG2 in a second AZ.

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* Aurora PostgeSQL, a relational database service (RDS) hosted in the AWS infrastructure that will store the City's spatial GIS data. * S3s, an AWS service that provides object storage with automatic scalability. Items such as images and documents will be stored in the S3.
* EC2s, an AWS service that provides secure resizable compute capacity. ArGIS Enterprise software components such as ArcGIS Data Store, ArGIS Server, AroGIS Portal, and ArcGIS Image Server will be installed on these EC2 instances. * WorkSpaces, virtual machines hosted by AWS that include Windows Operating System, NVIDIA GPU, 8vCPUs, 15GiB of RAM, 4GB of video memory, and 100GBs of storage for user volume. These virtual machines will be used by Staff to access ArcGIS Desktop software (ArcMap, ArcCatalog, ArcPro) which is used to manage GIS databases, create maps, and perform spatial analysis.
* Amazon CloudWatch, monitoring and observability AWS service that provides Staff with insights to monitor the performance of the services within the AWS infrastructure. * Amazon Simple Notification Services (SNS), an AWS notification service that provides the infrastructure for mass delivery of messages predominantly to mobile users. * AWS Backup, an AWS service that automates the backup of data across the City's GIS infrastructure in AWS. AWS Backup allows Staff to create backup policies and schedules.
* Security Groups, act as a firewall for each AWS service within the City's GIS infrastructure. Security group settings will be configured to control inbound and outbound traffic.
• CodeCommit, an AWS service that hosts code repositories. CodeCommit allows for City Staff to collaborate on code used for web application development, automating administrative tasks within the City GIS, and automating data science workflows to update or edit data in the RDS.

Provide a comprehensive documentation which outlines how the infrastructure is built.

Phase 3 - Testing (1 month)
Test CloudFormation Template to ensure the automated process of provisioning all services within the AWS infrastructure.

Test access to all architecture components listed in the Requirements and System Design phase.

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Load test the AWS infrastructure to ensure alerts are sent to Staff from CloudWatch if the infrastructure is overwhelmed.

Remotely provide support during the Enterprise Jumpstart program if any issues related to AWS infrastructure arise.

Test high availability performance after ArcGIS Enterprise software is installed by the consultant providing the Enterprise Jumpstart.

Test DNS, subnets, and security groups are properly configured after ArcGIS Enterprise software is installed by the consultant providing the Enterprise Jumpstart.

Phase 4 - Production Rollout (1 month)
Ensure AWS infrastructure is ready for ArcIS Enterprise installation.

Remotely consult with the consultant providing the Enterprise Jumpstart and the City for 30 days after the ESRI ArGIS Enterprise Software is live, providing training and corrective maintenance for the configured architecture.

The following services are excluded from this Agreement:

Maintenance, support and integration of non-AWS infrastructure for Enterprise GIS (apart from those specifically mentioned in the scope) and other legacy systems.

Backup, migration, archiving and other housekeeping activities not related to the AWS infrastructure.

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EXHIBIT B

RATE SCHEDULE

ITEM CHARGES
PHASE 1: REQUIREMENTS/SETUP $7,500
PHASE 2: SYSTEM DESIGN
• CLOUDFORMATION TEMPLATE WRITTEN FOR INFRASTRUCTURE
EC2, RESERVED INSTANCES (RIs) MUST BE PURCHASED PRIOR

TO DEVELOPMENT, CF WILL LAUNCH INSTANCES AS RIS
ELBs
o VPCs
SUBNETS $6,250

SECURITY GROUPS
• RDS
ROUTE 53
S3 BUCKETS
• CloudWatch
• AWS Backup
• SNS
PHASE 3: TESTING
• TEST CLOUDFORMATION TEMPLATE
• TEST ARCHITECURE ACCESS
• LOAD TESTING $6,250
• PROVIDE SUPPORT DURING ARCGIS ENTERPRISE INSTALLATION • PERFORMANCE TESTING
• TEST DNS, SUBNETS AND SECURITY GROUPS
PHASE 4: PRODUCTION ROLLOUT
• INFRASTRUCTURE READY FOR ESRI INSTALLATION $5,000
30 DAYS OF SUPPORT, TRAINING AND CORRECTIVE MAINTENANCE.

TOTAL $25,000

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured

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City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. rohibition of undisclosed coverade limitations.
kind that has not been first submitted to City and approved of in writing.

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Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.

The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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CITY COUNCIL
ITEM NO. 6.5

BUT OF INDUSTRY
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
James Cramsie, Director of Engineering, CNC Engineering Arlene Lopez, Project Manager, CNC Engineering
DATE: April 28, 2022
SUBJECT: Consideration of authorization to advertise for public bids for Contract No.

CITY-1485, Rowland Street Reconstruction from Hatcher Avenue to Lawson Street, for an estimated cost of $2,630,000.00 (MP 10-15) Background:

The pavement condition of Rowland Avenue from Hatcher Avenue to Lawson Street has deteriorated. A full street reconstruction is needed for the rehabilitation of this heavily used thoroughfare. Staff has prepared plans and specifications for the above project. This project will be implemented as Contract No. CITY-1485, subject to the approval by the City Council.

Discussion:

The scope of work consists primarily of the removal of existing asphalt concrete pavement and aggregate base and replacing with Cold Central Plant Recycled Asphalt Concrete Pavement ("CCPRACP") on Cement Stabilized Pulverized Subgrade ("CSPS"). The work also includes curb and gutter repair, sidewalk installation, curb ramp reconstruction, tree removal, and pavement markers, markings, and striping. The engineer's estimate for the project is $2,630,000.00.

Fiscal Impact:

The estimated cost for this project is $2,630,000.00.

Recommendation:

It is hereby recommended that the City Council approve the plans and specifications and authorize the solicitation of public bids.

Exhibits:

A. Notice Inviting Bids
B. Engineer's Estimate
C. Section A - Pages A-1 through A-8
D. Reduced Set of Project Plans
JN/MH/JC/AL:jf
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org

EXHIBIT A
Notice Inviting Bids
[Attached]

FOR PUBLICATION
NOTICE INVITING BIDS FOR:

CITY OF INDUSTRY
PROJECT NO. MP 10-15

ROWLAND STREET RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET CONTRACT NO. CITY-1485
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 11:00 A.M. on June 22, 2022, via the City of Industry's PlanetBids™ vendor portal. submitted through
https://pbsystem.planetbids.com/portal/29042/portal-home.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

It is the responsibility of the bidder to be sure the bid is submitted prior to the date and time indicated above. Free digital versions of the plans and specifications are available on the vendor portal. Hard copies are no longer available for purchase.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code.

Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.
(Continued)
Contract No. CITY-1485 - Specifications
The Scope of Work is as follows: The work consists primarily of the removal of existing asphalt concrete pavement and aggregate base and replacing with Cold Central Plant Recycled Asphalt Concrete Pavement (CCPRACP) on Cement Stabilized Pulverized Subgrade (CSPS). The Work also includes curb and gutter repair, sidewalk installation, curb ramp reconstruction, tree removal, and pavement markers, markings and striping.

Plans and Specifications are available on the City of Industry's PlanetBids™M vendor portal at https://pbsystem.planetbids.com/portal/29042/portal-home.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on June 10, 2022 at 5:00 P.M.

Contract No. CITY-1485 - Specifications

CITY OF INDUSTRY
PROJECT NO. MP 10-15

ROWLAND STREET RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET CONTRACT NO. CITY-1485
Each bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, made payable to the CITY

OF INDUSTRY
The contractor may, at his own expense, substitute securities for monies to be withheld to ensure performance under the contract.

By the order of the CITY OF INDUSTRY dated April 28, 2022.

Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1485 - Specifications

EXHIBIT B
Engineer's Estimate
[Attached]
ESTIMATE FOR:

CITY OF INDUSTRY
PROJECT NO. MP 10-15

ROWLAND STREET RECONSTRUCTION FROM HATCHER AVENUE TO

LAWSON STREET
CONTRACT NO. CITY-1485

ENGINEER'S ESTIMATE
$2,630,000.00
Contract No. CITY-1485 - Specifications

EXHIBIT C
Section A - Pages A-1 through A-8
[Attached]

SECTION A

CITY OF INDUSTRY
PROJECT NO. MP 10-15

ROWLAND STREET RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET
CONTRACT NO. CITY-1485
The CITY OF INDUSTRY, hereinafter referred to as the CITY, will receive bids for the construction of the above project until 11:00 A.M. on June 22, 2022, via the City of Industry's PlanetBids™ vendor portal. Bids are to be submitted through https://pbsystem.planetbids.com/portal/29042/portal-home.

Postmarks, mailed, emailed, or hard copy bids will not be accepted. Late bids will not be accepted.

At the time of submission of the bid and thereafter, each bidder must be licensed as a Class A - General Engineering as defined in Sections 7055-7058 of the Business and Professions Code. Each bidder shall set forth on the Bidder's Information Sheet and the Contractor's License Affidavit the classification and number of the requisite license which that bidder holds.

The CITY reserves the right to award the contract to the contractor with another license class if the CITY determines that the license class is proper for the proposed work.

The Scope of Work is as follows: The work consists primarily of the removal of existing asphalt concrete pavement and aggregate base and replacing with Cold Central Plant Recycled Asphalt Concrete Pavement (CCPRACP) on Cement Stabilized Pulverized Subgrade (CSPS). The Work also includes curb and gutter repair, sidewalk installation, curb ramp reconstruction, tree removal, and pavement markers, markings and striping.

Contract No. CITY-1485 - Specifications A-1
Plans and Specifications are available on the City of Industry's PlanetBids™ vendor portal at https://pbsystem.planetbids.com/portal/29042/portal-home.

Online Questions and Answers will be due via the City of Industry's PlanetBids™ vendor portal on June 10, 2022 at 5:00 P.M.

The bid shall be accompanied by a bid guarantee in the form of a Cashier's Check or Bidder's Bond for not less than ten percent (10%) of the total amount of the bid, payable to the CITY OF INDUSTRY. The bid guarantee is to insure that the bidder, if awarded the work, will enter into a contract with the CITY. Failure of a contractor to enter into a contract within ten (10) days following award will cause the bid guarantee to be forfeited.

If the bid guarantee is a Cashier's Check it must be delivered to City Hall prior to the bid opening date and time. The Cashier's Check shall be sealed in an envelope, endorsed as follows: CITY-1485 - ROWLAND STREET RECONSTRUCTION FROM HATCHER AVENUE TO LAWSON STREET, City of Industry City Hall, 15625 Mayor Dave Way, City of Industry, California 91744. If a bid bond is chosen, a scanned PDF will be accepted through PlanetBids ™M 1, however, the three apparent low bidders will be contacted to submit the original bid bond and signed bid package to the City and will be given a deadline to submit.

The CITY may, upon refusal or failure of a successful responsible bidder to accept the contract, award it to the next lowest bidder. If the CITY awards the contract to the second lowest bidder, the amount of the lowest bidder's bid guarantee shall be applied by the CITY to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder if cash is used, or to the surety company if a bond is used.

The successful bidder will be required to furnish a labor and materials bond in an amount equal to one hundred percent (100%) of the contract price and a faithful performance bond in an amount equal to one hundred percent (100%) of the contract price. A maintenance bond equal to ten percent (10%) of the total bid price amount is to remain in force for one (1) year after the date of completion of work, shall be submitted prior to execution of contract. The above bonds shall be secured by a surety company satisfactory to the CITY, and licensed as a Surety Insurer in the State of California and rated at least B+:V in the latest "Best's Insurance Guide." The attached bond forms shall be used without exception.

CONTRACTOR

INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contract No. CITY-1485 - Specifications A-2
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to the City.

Contractor shall provide the following types and amounts of insurance:

Without limiting Contractor's indemnification of City, and prior to commencement of the Project, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.

General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $5,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or Excess CGL Insurance. If the CONTRACTOR elects to include an umbrella or excess policy to cover any of the total limits required beyond the primary commercial general liability policy limits and/or the primary commercial automobile liability policy limits, then the policy must include the following:
• The umbrella or excess policy shall follow form over the CONTRACTOR's primary general liability coverage and shall provide a separate aggregate limit for products and completed operations coverage.
• The umbrella or excess policy shall not contain any restrictions or exclusions beyond what is contained in the primary policy.
• The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. • The umbrella or excess policy must also extend coverage over the automobile policy if it is to be used in combination with the primary automobile policy to meet the total insurance requirement limits.

Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each Contract No. CITY-1485 - Specifications A-3
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.

Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of ten years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnity for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Other provisions or requirements:

Proof of Insurance. Contractor shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this contract. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a Contract No. CITY-1485 - Specifications A-4
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's risk manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Contract No. CITY-1485 - Specifications A-5
Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.

Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Contract No. CITY-1485 - Specifications A-6

EXPERIENCE AND SAFETY
The successful bidder may be required to submit a statement attesting to its financial responsibility, technical ability, experience, and safety record.

PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 " Los Angeles County. Wage rates shall conform to those on file at City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates.
(ii) Section 1777.4, Apprenticeship Requirements.
(iii) Section 1777.5, Apprenticeship Requirements.
(iv) Section 1813, Penalty for Failure to Pay Overtime. (v) Section 1810 and 1811, Working Hour Restrictions.
(vi) Section 1775, Payroll Records.
(vii) Section 1773.8, Travel and Subsistence Pay.

CONTRACTOR REGISTRATION PROGRAM
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. Please note: It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Any bids submitted without proof that bidder and any listed subcontractor(s) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.

LABOR COMPLIANCE MONITORING AND ENFORCEMENT
The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

Contract No. CITY-1485 - Specifications A-7

AGREEMENT
When the award of a contract is made to a corporation, the Agreement must be signed by the Secretary/Treasurer of the corporation in addition to the signature of the President/Vice President, or the public agency needs to receive a copy of a resolution adopted by the Board of Directors of the corporation indicating that the party executing the contract has the authority to bind the corporation.

SURETY BONDS
All surety bonds issued in connection with projects for public works must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. The power of attorney and the bonds must be executed by the same person, and such signatures shall be notarized.

By the order of the CITY OF INDUSTRY dated April 28, 2022.

Julie Gutierrez-Robles, City Clerk
Contract No. CITY-1485 - Specifications A-8

EXHIBIT D
Reduced Set of Project Plans
[Attached]

CITY OF INDUSTRY CONSTRUCTION NOTES
GENERAL NOTES • FROTECT E FLACE. DESCRPRON PER FLAN.

IMPROVEMENT PROJECT NO. 485 COLONLL AG PAVEMENT TO BE REUSCO IN COPRACP. * SANCUT AND RENOVE POC CURE AND GUTTER NOLDING BASE.
• SARCUT AND ADWOVE POC SIDEWALK NOLUCING BASE
2 PEE MARINE EAT OF DETAIN AS ELECT OF MOUSTRY. ROWLAND STREET Reconstruction SANCUT AND REMOVE POC RIVERAY INCLUONG BASE. 5 SANCUT AND REMOVE POC CURB RAMP INCLUCENG BASE
FROM HATCHER AVENUE TO LAWSON STREET ¿ OCLAULL I° AND ONERLAY 2° AC (C2-PC 84-10).

CONSTRUCT 2° (C2-PG 61-10) ONES 7,5° COFRACP CHER 12" CS98.

CONTRACT NO. CITY-1485 ® NOTEN BARE SDEWALK PER OTY GE INDUSTRY STAUNES PLAN ITS STANDARD PAR IS NOR THE A2 PER STY GE NOUSTRY
1) DONSTRUCT 8° THEX POC CRIVEMAY PER DETAL, '8' ON SHEET 2 @ ADAST SEMIR VANHOLE TO FISHED GRADE
• AUST SICAN DRAN WANHOLE TO FRISHED GRADE
• RONOVE TREE AXD STUMP. TRUNK DUNETER PER PLAN.
1 GRADE 2:1 MAX BEHND NEW SIDEKULK PER DETAL A' ON SHEET 2. • RESTORE LANDSCAFINC AND RRIGATIORL

RUN A RACE TOR OF STORM GRAN MLET PER SPRIG STD
(19) ADJUST TRAFFIC SONAL PULLBOX TO CRADE
@ RELOCATE EASTING HALBOK
CONTRE A CARE IS STRY STANDARD PLAN 11S
@ ANIST TELEPOONE MANHOLE TO FINSHED CRACE
-PROJECT SITE SPECIAL NOTES
-HOTS POT TO ANT
* IS AT 1(0) 42 CA AND SAL AN
* DEPEND RESET IN IN ARE LET OF THE PRE TO CONTACT
(900) 469-6.369
SO CRITIA GAS COMPANY (826) 855-3561 VICINITY NOT TO MAP

A TEA SITE METER BOX TO BE DONE UY ACARAND
MR. ANTHONY HOMERE (542) 508-4288 INDEX OF DRAWINGS → PROTECT IN PLACE

SANTATON TISTRICT OF LOS ANGELES COUNTY
NO. DESCRIPTION
(382) 592-1725 LEGEND ABBREVIATIONS
REALAND MAUR PETECT 1 or 9

EX PONSE POLE (SPHALT BAS

X TE POE ASPHALT CONCRET
2 Or 9 TYPICAL SECTIONS AND DETAILS EX TRATIE SCHA BEGN CURB RETURN 3 oF 9 CURS RAMP DETAILS EX STREET UIKT NATURAL GROUND
4 OF $ STREET IMPROVEMENTS FLAN & PROFILE HATCHER AVE TO STA 33+50 EX FRE HIDRANT 5 Or 9 STREET IMPROVCMENTS PLAN & PROFILE STA 33450 TO STA 13+00 EX KATER VALVE

CENTERUNE RICHT
COLMALL 2° AND CONSTRUCT CONST RENFORCED CONCRETE RIPE
6 oF 9 STREET INPROVEMENTS PLAN & PROFILE STA 43400 TO STA 52+50 EX SENER KANHOLE 2' WN OVERLAY COUNTY SKRU CRAN

RUST A WAY
7 05 9 STREET IMPROVENENTS PLAN & PROFLE STA 52+50 10 STA G0+50 CONSTRUCT PCC SDEKALK 889g SOUTHERN CALIFORNA EDISON

STORH CRAN
8 OF 9 STRIPING PLAN HATCHER AVE TO STA 43+00 SEPAC STANDARD PLAYS FOR PUSUE STRIPING PLAN 43+00 TO LAWSON ST DOE OF PAVENEN

PROP CHAN UNK FENDE TOM LINE STANDARD

STANDARD DRAWINGS FINSHED SURFACE CO SCENT
2e89l GRADE BREAK TOP of cust
NO. TITLE
•ONED PLAN CONCRETE PANDUAT

CITY OF INDUSTRY STANDARD PLANS DISTANO ELEVATION
112 CURS AND CUTTER EX CAS

EX MATE

SOCHAIX

NOTICE TO CONTRACTOR EX STORN DRAIN

CALTRANS STANDARD PLAN EX SEWER CITY OF INDUSTRY

AHHA CURB RAUP DETAI

STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION

CURB OPENING CATCH BASN

CRETE CANO DERS TO SPIT BIT COS

ROWLAND STREET RECONSTRUCTION
BENCHMARK 811. CITY OF INDUSTRY
B.M. CI. EM R-) ELEV. 123.010 (NNGO_1523) TITLE SHEET, VICINITY MAP, GENERAL NOTES, CONSTRUCTION PORATEO JUNE 18, 1897 NOTES, SPECIAL NOTES, STANDARD DRAWINGS, INDEX OF

ENGINEERING DRAWINGS, NOTICE TO CONTRACTOR, AND LEGEND
below. 823) 313-2211
all before you di CERONED BT: MP 10-1551 SHEET 1 OF 9
JANSE CHASE FE. C3A785 DRAFTED BY.

CoUnt LuE "CACAN LNE E GRASET CONSTRUCTION NOTES
32450 20 0-00 2 2 5,%
0 57A 09425 TO 40+30 @ PROTECT IN FLACE. DESCRION PER PLAY. • OCLOULL AC PAVEMENT TO BE REUSED IN COPRACS
(38 t) (381) (38"₺) (36°1)
3 SANCUT AND REMOVE POC CURB AND OUTIER NOLONG BASE
L. (6+) (324) (32 1) _ (62) i L (63) (32s) (6'4)
• SANCUT AND ROMME PES SCEVELK INCLUCINE BASE.
1 SANGUT AND REMORE POG DANEWAY INCLUDINO BASE.
• SARCUT AND REMORE FCC CURB SAUP INCLUDENC BASE.
-* u 22 KN © OLOVEL 2° AND OVERLAY 2° AC (C2-PC 64-10).

CONSTOCT 2° (C2-PG G4-10) OVER 7.5" COPRACP OVER 18" CSPS.

COUSING BE SOEMUK PER OTY DE ADUSTRY STANARO FLAN 115
10 18 0
I CONSTRUCT 8" THICK PCC ORNERAY PER CETAL 8' ON SHEET 2 TYPICAL SECTION IYPICAL. SECTION

SIAST TO SAE-SO
(12) ADJUST SEMER MANHOLE TO FINSHED GRACE
1) ADJUST STORM CRAM WANHOLE TO FINISHED CRACE

AUNT SANDS FRED COVER TO GRACE PER LA
I REMOVE TREE AND STUMP. SUNK DRAWETER PER PLAN
1 CRACE 25 UAX BENNO NEW SIDEWALK FER DETAS, "X' ON SHEET 7.

I RESTORE LANOSCAPNC AND SORICATON.

AND SEASE TOP OF STORM DRAN MLET PER SPEC STO

AUST TRAITE SCHAL PILLBOX TO CRACE
1 FELOCATE EXISTINS WILBOX

SONS ET A DARE A SEE AUSTRY SANAO FEAN IIS
CUTTER
1 AQUIST TELEPHONE MANNICLE TO FINSHED GRADE.

SPECIAL NOTES
§' MAX

EX CANSMAY CEPTH VARES 67 10 0%

BE SCARE OR COURAN
• VARIES MARES

ROWLAND
STREET
THERE- TO BEY * NOR ESTER METER BOK TO BE GONE BY ROMANO > WAS UNDE
→ PROTECT N FLACE

EUCE CURE TRANSITIO
• CF TO MATCH EX I • OF TO MATCH EX C

ABEL SECTION 'A-A' - TYPICAL SECTION AT E DRVEWAY
LA

TYPICAL DRIVEWAY SECTION

CITY OF INDUSTRY
TENE CuNT

ROWLAND STREET RECONSTRUCTION

BENCHMARK CITY OF INDUSTRY TYPICAL SECTIONS AND DETAILS B.M. 1. EN B- ELEV. 120010 (NASO 1823)
C OF I WONN SLY CURB OF INCORPORATED JUNE 18, 125: ¿ cases ROWLAND STREET DOYLAND AVE. 130 HATCHER AVE TO LAWSON ST
BET, LN LASE AVE.

RESONED BY AL JOB NO MP T0-15฿5
JESE CRANSE PE 0097351 DATE CRAFTED E JR. DATE SHEET 2 0F 9

CONSTRUCTION NOTES
00- -20
® PROTECT IN PLACE. DESERTIN PER PEAK,
(1) COLDUEL AC PAVSUENT TO BE BOUSTO I CORATE
30 1 SANCUT AND REWONE POC DUB AND CUTTER INCLUDING EASE 00- © SAWAIT AND REMOVE PEC SCENALK INCLUDING BASE.
00 1 SANCUT AND ADVOVE POC ORNSHAY NOLUDEN BASE.

SANCUT AND FEMOVE POC CURB RAUP INAUDING BASE.
00@ 00 © COLONEL 2° AND OVERLAY 2° AC (C2-PC 6A-10).

CONSTRUCT 2° (CA-PO 64-10) OVER 7,5" OSTRA" OVER HE SPE. 42 O0 ® COUSIN EAGE SOCK POR CTY OF ROUSTRY STANDARD FLAN 11S -19
00 I CONSTRUCT &° THCX PEC ORNEWAY PER DETAIL B' ON SHEET 2. -52+74155 (12) ADJUST SEHER WANHOLE TO FIMSIED GRADE
/2251400 ADAIST STORA CRNN MANHOLE TO ANSHED GRADE.

ORT-WEST ROWLAND ST AND HATCHER AVE SOUTHWEST ROWLAND STAND HATCHER AVE SOUTHEAST ROWLAND ST AND HATCHER AVE MAN SEE PROCEED COVER TO GRADE PER LA CALE 1a1C NORTHEAST ROWLND ST AND HATCHER AVE
ONLE 1-10 SCALE 1-10
(15) REMOVE TREE AND STUP. TRUNK SAWETER PER PLAN
20735780R I CRACE 2:1 MAX BEHIND NEW SDEWALK PER DETAL X ON SHEET Y 10-7750 0K- - 1047833 08.
1077.07.008 RESTORE LANDSCAPRNC AND RRICATCH.
00 PENNA SOLACE TOP OF STORM DRAN ALET PER SPAC STO
00 1 ADJUST TRAFFIC SICKAL PULLDOE TO GRACE.
189291 00 @ RELOCATE DOSTAG VALBOX.
42 30

CONTA BETA SORRY AT EST TOETRY STAMOROD PLAN IS
NOO 140290) -R/N
00- 00 00 I ADAUST TELEPHONE MASHOLE TO FINISHED GRACE

SPECIAL NOTES
M57 To.
36 30
*%
00-
00-

MALA LISAT METER BOK TO BE GONE BY ROMANO
ORT-WEST ROWLAND ST AND CANADA C → PROFICT IN FLACE
6 NORTHEAST ROMANDAVE AND CANADA CT NORTHWEST ROWLAND ST AND RADECKI CT NORTHEAST ROW AND ST AND RADECKI CT SOLE 1'610
100

CURB RETURN CURVE DATA
3я. (420.32) DELTA LENGTH RADIUS
= 42. 575420 45.45
CHAN S $0.55
413AS 38.00
C13 542437 42.75
590046ª 15.56°
621715* 48.37
4524'50 35.45 45.00°
4526'25 35.50
900702 39.32 25.00
C19 37.91 25.00

CITY OF INDUSTRY

WHEN ST

NORTHWEST ROWN AND ST AND AJAX AVE NORTHEAST ROWLAND STAND AJAX AVE SCALE 1°- 30*

EDUTY ON CHINT DATE

RASHS ROWLAND STREET RECONSTRUCTION

BENCHMARK CITY OF INDUSTRY
B.M. CI. ER-) ELEV. 122.610. 0NCD. 18252 CURB RAMP DETAILS 'ORATED JUNE 18, 1957 ROWLAND STREET
(926) 332-2211 HATCHER AVE TO LAWSON ST
ALT JOB NG MP 10-1591
AUSE CANS L COVES DATE - CRAFTED BY. BROOK DARL DARL CONTRACT NO. CP CPY-1+85 SHEET 3 OF 9

CONSTRUCTION NOTES
400— • PROTECT IN PLACE DESCRPTON POR PURS
— 400 • COLEMILL AC PAVEMENT TO BE REUSED IN OOPRAC
(2) SAWOUT AND REMOVE POC CURD AND CUTTER INTLUTING BASE

A SANDUT AND REMOVE POC SEVALK WOLLONG BASE
MITTETTIN 11000_1
390- 323235. (33320) rs 1 —390 © SANDUT AND REMOVE POC CRVENAY INCLUDING BASE. 3305300 1.0000 © SANCUT AND REMOVE POC CURE RAMP NOLUNG BASE. @ COLONLL 2° AND OVERLAY 2° AC (C2-PC 64-10).

CONSIRUCT 2° (C2-PC 64-10) OVER 1.5° COPRAOR OVOR 18° C59U. : SDEWALK PER OTY OF INDUSTRY STANDASO PLAN 115
STA 38150
CENTER INE CONSER POC CURE AND CUTTER TYPE A2 PER CITY OF NOL CONSISUCT 8 BAX POC CRYCHAY FOR DETAR ' ON SHEET 2
400.- SEE SHEET NO. 5
111T11H 6 NT 33657%9 MATCHINE
B030 330875 AUST SENER VANHOLE TO FINISHED GRADE
1 MUST SICRU CRASE MANILE TO FRISHED GRADE
390- — 390 ESTRICT ROSE NO COVER TO GRADE PER LA
AT CENTER LINE I REMOVE TREE AND STUMP. TRUNK CLANETER PER PLAN (ID GRADE 2:1 MAX BEHIND NEW SIDEWALK PER DETAIL "A' ON SHEET > 1 38384 —400 1) RESTORE LANDSCARING AND RECATIO
PEAN NO. JOSE ADE TOP OF STRA SAN MEET PER SEPAC STD
2415000 (326.44) IS 1) 2200 x+ ADUST PRATTA SCHAL FULLBOK TO GRADE - 390 • RELOCATE DASTNO VALBOX.

NOUSTRY STANDARD PLAN 115
Y IC
@ ARUST TELEPHONE MASHOLE TO ANISHED GRINC

SPECIAL NOTES
24+00 26+00 28+00 30+00 32+00

HATCHER AVE CANADA CT

TING NOSTRY PURSE
PRAY
GRAN
510000.. 25-30900 CAS 25 N/0.5.

A ROTESTER VETER BOX TO BE DONE BY ROMAND
→ PROTECT N PACE

RAILROAD ST
LEGEND
12002. 10044
p0(c)
Y* SOP STORY CRAN CONSIST POR CURAN

ROWLAND STREET
RALROAD SI. TH. SEMER / 4* ROP SECTAN 2

CITY OF INDUSTRY

ROWLAND STREET RECONSTRUCTION

CITY OF INDUSTRY

BENCHMARK STREET IMPROVEMENT PLAN AND PROFILE
B.M. CL. EUR-1 ELEV. 120.810 (NNCD 1929) ROWLAND STREET C OF I WONN SLY CURB OF INCORPORATED JUNE 18, 1857
ROSLAND AVE 530 FEET E/ HATCHER AVE TO STA 33+50
SANTANE MEN VEN 1R. GIC PRIL 22 CONTRACT NO. CATS AL JOB NO MP 10-15/1 SHEET 4 0F g ER. DATE:

CONSTRUCTION NOTES
-410 © PROTECT IN FLADE. DESCRIPNEN PER PLAN
• COLOMLL AG PAVEMENT TO BE REUSSO IN COPRACE
- - 9+0202 SANOUT AND REMOVE POC CURES AND GUTTER INCLUDING BASE, 12933) A SAMOUT AND REMOVE POC SERALK NOLUONG BASE.
-400 A SANCUT ASD RENOVE POC DRIVERAY INCLUDING BASE
TITO © SARCUT AND REMOVE POC CURB RAUP NOLONG BASE
@OCLOULL 2' AND CHEFLAT 2° AC (C2-PC 81-10)
SATNO GRADE NLY TC DONSTRUCT 2° (C2-PC 54-10) CVER 7.5" COPRACP OVER 18" CSFB.

NE TRE SOMAL PER OTY OF AGUSTRE STANDARD PLAN IIS

I ALONG BESEE A PER GITY CE NESTRY
PRCH CURE AT CONTER US 92099
410 SUCT TO POC ORVEMAY PER CETAL B' ON SHIT 2
SEE SHEET NO. 4 MACHINES 33150 7 1420271 1702403 05 1 - 20-58 тS 11090r= 189595 SEE SHEET NO. 6 1248079 -3099 1R AUST SEWER MANHOLE TO FINISHED GRADE
- 400 ADJUST STORN DRA MANHOLE TO FNISHED GRADE.
11 CAN SEE ARE ARE AND COVER TO GRASE PER LA
® REVOVE
- 410 CRADE 21 MAX BEHND NEW SEENALK PER CETAL A ON SHEET 7.

GRADE GOTTER

M) RESTORE LARDSCAPNG AND IRRIGATON
37057 € DRY 390900c t - 4160002 PENNA PLACE TOP OF SISAN DRUN MLET PER SPEC STD прасо і (D) ADJUST TRAFFIC SIQNAL PULLBOX TO GRAD
- 400 A RELOCATE DESTING NALDOTE.
il @ ADAST TELEONE MANHOLE TO AMSTED GRADE.
390—

SPECIAL NOTES
34÷00 36+00 38+00 40+00 42700
• DISTA

RADECKI CT
: 6' GAS 1' N/0 9. RECEI MOS
3411@CAe HERE SAT METER BIE, TO BE DONE EY ROMANS
CIC 207 * PROTECT N PLACE
SEE SHEET NO. 4 MATCHLINE STA 33+50

VARES LEGEND
O121 F2G012 ®OT ENY SI AMAN TERS

FINE AND CONSTRUCT

I CORSIUCY POC SDEWALX

ROWLAND STREET

CITY OF INDUSTRY
was in

ROWLAND STREET RECONSTRUCTION

BENCHMARK CITY OF INDUSTRY
B.M. CLEM 8-1 ELEV. 120.110 (NASD1829) STREET IMPROVEMENT PLAN AND PROFILE

ROWLAND STREET
STA 33+50 TO STA 43+00
SO ANE LAN AVE JR. CHECKED BY: AL | JOB NO. MP 10-1501
APRL 2022 CONTRACT NO. GTY-1485 SHEET 5 0F g

CONSTRUCTION NOTES
420- -420 • PROTECT N PLACE. DESCRION PER FLAN.

COLONLL AG PANEMENT TO BE REUSED IN COPRACP.
2 SANGUT AND REMOVE FCC CURE AND CUTTER NOLLOW BASE.
* SANCUT AND REMOVE PCC SEEMALK INCLUDING BASE
• SARCUT AND RENOVE PCE DRACHAY INGLONG BASE
1 SANCUT AND RENOVE PCC CURB RAUP INCLUDENG BASE.
• COLOURL 2° AND OVERLAY 2º AC (C2-PC 5E-10).
-430 © CORNSTRUCT 2° (C2-PG 64-10) OVER 7.5 COPRACP CHER 18º CSPB. 53-5000 STA 52450 CONG BASE SEMALK PER ATY OF NDUSTRY STANDARD PLAN 115 FINCH CRADE AT 1239) 110489 SADAD RAG TA ROUNDS PC 12 PER OTY OF INDUSTRY SEE SHEET NO. 5 MA STA 43007 SEE SHEET NO. 7
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CITY COUNCIL
ITEM NO. 6.6

BUT OF MOUSTAY

CITY OF INDUSTRY
* 1957

VERIFIES COUNTE

MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Assistant City Manager
DATE: April 28, 2022
SUBJECT: Consideration of Resolution No. CC 2022-15, approving the donation of One (1) 2002 Chevrolet Astro Van to the Purist Group
Background:

The Purist Group ("Purist") is a non-profit organization comprised of members that share a common passion for cars and motorcycles with the prime focus on helping youth in the surrounding communities. Purist partners annually with Los Angeles County Industry Sheriff's Station and other local service organizations to donate approximately 5,000 backpacks and other back to school supplies and 20,000 toys to children. Through these services youth in the community receive needed supplies to support their academic lives and toys in celebration of the holiday season. Additionally, Purist organizes charity events to gather supplies to assist with homelessness and animal shelters throughout the year.

Discussion:

The City has one (1) 2002 Chevrolet Astro Van that is no longer in use. The City's Procurement Policy ("Policy") lists the methods for disposition of surplus property.

Pursuant to Section 15(A)(4)(e) of the Policy, surplus property may be donated to a non- profit organization if the City Manager, as the City's Procurement Officer, determines that "the surplus property may be used by a non-profit in a manner that would provide a general public benefit."
Currently, Purist does not have access to a large capacity vehicle to assist with transporting the 5,000 backpacks, 20,000 toys, and other supplies to and from charity events and various organizations. The donation of the Astro Van will give the Purist Group a large capacity vehicle to transport its community support supplies to serve the general public.

If the resolution is adopted, the vehicle will be donated to Purist in "as-is" and "as-where" condition. Additionally, Purist will be required to sign a release form and all appropriate DMV forms, including Bill of Sale and Notice of Transfer and Release of Liability, to complete the transfer.
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org Fiscal Impact:

Approval of Resolution No. CC 2022-15 would decrease the City's overall vehicle maintenance expenditures.

Recommendation:
1) Staff recommends that the City Council adopt Resolution No. CC 2022-15, approving the donation of one (1) 2002 Chevrolet Astro Van with serial number 1GNDM19X12B113644, in "as is" and "as where" condition to the Purist Group.

Exhibit:

A. Resolution No. CC 2022-15
JN/SP:kt

EXHIBIT A
Resolution No. CC 2022-15
[Attached]
RESOLUTION NO. CC 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,

CALIFORNIA, APPROVING THE DONATION OF ONE CHEVROLET

ASTRO VAN TO THE PURIST GROUP

RECITALS
WHEREAS, the Purist Group is a non-profit organization comprised of members that share a common passion for automobiles with the focus on helping youth in the WHEREAS, beginning in 2015, the Purist Group annually collects and donates approximately 5,000 backpacks to students locally and beyond, including the cities of Industry, La Puente, and El Monte; Industry Sheriff's Station Youth Activities League, Pomona and Compton school districts, OC Autism Foundation, Pomona Regional Center, and Mexico; and
WHEREAS, the Purist Group collects and donates approximately 20,000 toys at its annual Winter Toy Drive and, notably, it celebrated its 10" Annual Winter Toy Drive in 2021; and
WHEREAS, the Purist Group organizes charity events to gather supplies to assist with homelessness and animal shelters throughout the year; and WHEREAS, the City has one (1) 2002 Chevrolet Astro Van that is no longer in use; and
WHEREAS, the City's Procurement Policy lists the methods of disposition of surplus property. Pursuant to Section 15(A)(4)(e) of the Policy, surplus property may be donated to a non-profit organization if the City Manager, as the City's Procurement Officer, determines that "the surplus property may be used by a non-profit in a manner that would provide a general public benefit", and
WHEREAS, the City's donation serves a general public benefit in that the Purist Group supports the youth in the community by providing school supplies and toys to children in need. The Purist Group lacks a large capacity vehicle, so the van would serve as the organization's regular delivery van to transport the large quantity of backpacks, toys, and other supplies to and from charity events and various organizations; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City's donation serves a public purpose by giving the Purist Group a high-capacity vehicle to assist in transporting the approximately 5,000 backpacks, 20,000 toys, and other supplies to and from charity events and various organizations for the purpose of supporting and underserved children, and those at risk in the community.

SECTION 3. The City Council hereby approves the donation of one (1) 2002 Chevrolet Astro Van with serial number 1GNDM19X12B113644, in "as is" and "as where" condition to the Purist Group, subject to the Purist Group's execution of a release, all necessary DMV forms, and any other necessary forms.

SECTION 4. The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.

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.
2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on April 28, 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

CITY COUNCIL
ITEM NO. 6.7

SITOR MOISTO
(1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and Members of City Council
FROM: Joshua Nelson, Cily Manager 9n
STAFF: Dev Birla, Operations Manager, CNC Engineering
DATE: April 28, 2022
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Western Power Project Advisors LLC, for engineering services for the Citywide wireless communication network, to enable remote monitoring system for streetlights, extending the term through June 30, 2024, increasing compensation by $40,000.00, and updating the address for the City (MP 20-02)
Background:

On November 12, 2020, the City Council and the Industry Public Utilities Commission approved a Professional Services Agreement (Agreement") with Western Power Project Advisors, LLC ("WPPA") for engineering services for the Citywide wireless communication network, to enable automated meter reading ("AMR") for Industry Public Utilities ("PU) and remote monitoring system ("RMS") for streetlights, in an amount of $120,000.00. IPU's share of the budget for AMR was estimated at $96,000.00, with the remaining $24,000.00 belonging to the City. The scope of work included research and the evaluation of whether one Citywide wireless communication network could be shared between the AMR and RMS for streetlights or if a separate Citywide wireless communication network would be required for the streetlight RMS. During the evaluation, WPPA determined that the requirements of AMR system are different and more complex than RMS due to the required reliability, increased security of network and data, reading of inaccessible meters, and accuracy in customer monthly billing, and that the system will need a separate wireless communication network and request for proposal ("RFP").

Discussion:

City Staff, in conjunction with WPPA, prepared a separate RFP for streetlight RMS which included the high level and functional technical specifications needed to enable RMS for streetlights. The main components of the RMS include:
• Comprehensive dashboard to show graphical and tabular energy consumption, reports, and alarms
• Alarms and events to monitor each streetlight functioning or non-functioning, and send email or text alerts
15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org • Management of components including poles and luminaires • Customized reports
• Integration with the Smart City applications
On August 20, 2021, the new RFP was posted in the City's PlanetBids™ vendor portal and seven proposals were received by the October 6, 2021 deadline. WPPA and Staff reviewed the proposals. Out of the seven proposals, five companies were invited to make presentations and answer questions for the first round of interviews on February 18, 2022.

The field was narrowed down to three companies and who were interviewed again during a second round on April 11, 2022. City Staff is close to reaching a recommendation to present to the Council and PU.

Due to the complexity of the proposals, the evaluation process has taken longer than anticipated. In order for WPPA to continue providing the remaining services of the Agreement, including developing a project plan and providing oversight of the implementation process, Staff recommends that the City Council approve Amendment No. 1, extending the term through June 30, 2024, increasing compensation by $40,000.00, and updating the address for the City.

Fiscal Impact:

The fiscal impact is $40,000.00. In the adopted Fiscal Year 2021-2022 Capital Improvement Project budget, $275,000.00 is approved for this work (MP 20-02, Account No. 120-702-5130).

Recommendation:

It is recommended that the City Council approve Amendment No. 1 to Professional Services Agreement with Western Power Project Advisors, LLC.

Exhibit:

A. Amendment No. 1 to Professional Services Agreement with Western Power Project Advisors, LLC, dated April 28, 2022

EXHIBIT A
Amendment No. 1 to Professional Services Agreement with Western Power Project Advisors LLC, dated April 28, 2022
[Attached]
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT WITH

WESTERN POWER PROJECT ADVISORS, LLC
This Amendment No. 1 to the Professional Services Agreement ("Agreement") is made and entered into this 28th day of April, 2022, ("Effective Date") by and between the City of Industry, a California municipal corporation ("City"), the Industry Public Utilities, a public agency organized and existing under the laws of the State of California, ("IPU"), and Western Power Product Advisors, LLC, a California limited liability company ("Consultant"). The City, IPU, and Consultant are hereinafter collectively referred to as the "Parties."

RECITALS
WHEREAS, on or about November 12, 2020, the Agreement was entered into and executed between City, IPU, and Consultant for engineering services related to the Citywide wireless communication network; and
WHEREAS, due to delays and extra effort and time in the evaluation and selection process for the remote monitoring system, it is necessary to extend the Agreement through June 30, 2024 with a companion increase compensation in the amount of $40,000.00, and update the address for the City and IPU; and
WHEREAS, for the reasons set forth herein, the Parties desire to enter into this Amendment No. 1, as set forth below.,

TERM
Section 1 is hereby amended to read in its entirety as follows:

This Agreement shall commence on the effective date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

4. PAYMENT
The second and third sentences of Section 4.a are hereby amended to read in their entirety as follows:

This amount shall not exceed One Hundred Sixty Thousand Dollars ($160,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. IPU's share shall not exceed Ninety-Six Thousand Dollars ($96,000.00) and City's share shall not exceed Sixty Four Thousand Dollars ($64,000.00).

15. NOTICES
Notices to the City and IPU shall be made as follows:

City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744
Attn: City Manager/Public Utilities Director
IN WITNESS WHEREOF, the Parties have executed this Amendment No. I to the Agreement as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Western Power Project Advisors, LLC
By: By:

Joshua Nelson, City Manager Parag Soni, Owner and President Attest:

By:

Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By:

James M. Casso, City Attorney
"IPU"
Industry Public Utilities
By:

Joshua Nelson, Public Utilities Director
Attest:

By:

Julie Gutierrez-Robles, Commission Secretary

APPROVED AS TO FORM
By:_
James M. Casso, General Counsel
EXHIBIT A TO AMENDMENT NO. 1

AGREEMENT FOR CONSULTING SERVICES WITH WESTERN POWER PROJECT ADVISORS, LLC DATED NOVEMBER 12, 2020

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and effective as LLC, a California limited liability company ("Consultant"). The City, IPU and Consultant are hereinafter collectively referred to as the "Parties".

RECITALS
WHEREAS, City and IPU desire to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, Parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks ("Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ("Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City and/or the IPU, depending on the type of work. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail. (b) City or IPU shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and IPU and in a first-class manner in conformance with the standards of 1 pestor all Sances quality normally observed by an entity providing engineering consulting services, serving a public agency.
(d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited

Page 1 of 18 ends

to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City/IPU has not consented in writing to Consultant's performance of such work. No officer or employee of City/IPU shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City/IPU. If Consultant was an employee, agent, appointee, or official of the City/PU in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
The City Manager and Public Utilities Director or his designee shall represent the City and IPU in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT
(a) The City and IPU agree to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B ("Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. IPU share shall not exceed Ninety Six Thousand Dollars ($96,000.00) and City share shall not exceed Twenty Four Thousand Dollars ($24,000.00).
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City/IPU. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to

Page 2 of 18 ends

by City/IPU and Consultant at the time City's/PU's written authorization is given to Consultant for the performance of said services.
(c) Consultant shall submit separate invoices monthly for actual services performed for IPU and City. All services, with the exception of Task Ill in Exhibit A, shall be invoiced at seventy-five percent to PU and twenty-five percent to City. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City and/or IPU disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. LABOR CODE AND PREVAILING WAGES
(a) Consultant represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public Works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000.00 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City/IPU shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and any location where the Services are performed. Consultant shall indemnify, defend and hold harmless, the City and IPU, their elected and appointed officials, officers, employees and agents, from and against any liability (including liability for suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness es), where the same arise out of, are a consequence of, or are in any way attributable to, hole or in part. Consultant's or by any individual or agency for which Consultant is legal liable, including but not limited to officers, agents, employees or subcontractors of Consultant, failure or alleged failure to comply with Prevailing Wage Laws. (b) In accordance with the requirements of Labor Code Section 1776, Consultant shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Consultant shall make all such records available for inspection at all reasonable hours.

To the extent applicable, Consultant shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

Page 3 of 18 ends

(d) Consultant shall comply with the legal days' work and overtime requirements of Sections 1813 and 1815 of the Labor Code. (e) If the Services are being performed as part of an applicable Public works or Maintenance project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Agreement and require the same of any subconsultants, as applicable. This Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

6. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City or IPU may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City or IPU suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City and/or IPU, shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City and/or IPU. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City and IPU pursuant to Section 5 of this Agreement.

7. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City and IPU that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City and IPU or their designees at reasonable times to review such books and records; shall give City and IPU the right to examine and audit said books and records; shall permit City and IPU to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and IPU and may be used,

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reused, or otherwise disposed of by the City and IPU without the permission of the Consultant.

With respect to computer files, Consultant shall make available to the City and IPU, at the Consultant's office, and upon reasonable written request by the City and/or IPU, the necessary computer software and hardware for purposes of accessing, compiling, in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City and IPU.

8. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and IPU and any and all of their officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City and IPU, and any and all of their employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City or IPU, their officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City and/or IPU, Consultant shall have an immediate duty to defend the City and IPU at Consultant's cost or at City's and/or IPU's option, to reimburse the City and/or IPU for their costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.

Payment by City and/or IPU is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City or IPU, as to whether liability arises from the sole negligence of the City or IPU, or their officers, employees, or

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agents, Consultant will be obligated to pay for City's and IPU's defense until such time as a al judgment has been entered adjudicating the City or IPU as solely negligent. Consulta ill not be entitled in the absence of such a determination to any reimbursement of defens costs including but not limited to attorney's fees, expert fees and costs of litigation.

9. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.

10. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City and IPU a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City/PU nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City/IPU. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City and/or IPU, or bind the City and/or IPU in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, neither the City nor IPU shall pay salaries, wages, or other compensation to Consultant for performing services hereunder for City and/or IPU. Neither the City nor the IPU shall be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) Consultant represents and warrants that it is aware of the requirements of Assembly Bill 5, Worker Status: Employees and Independent Contractors, effective January 1, 2020, including the provisions set forth in California Labor Code Section 2750.3. Consultant agrees to fully comply with the provisions of AB 5 and Labor Code Section 2750.3. Consultant shall indemnify, defend and hold harmless, the City and IPU, their elected and appointed officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant's or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, failure or alleged failure to comply with the provisions of AB 5 and/or Labor Code Section 2750.3.

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11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Neither the City nor IPU, nor their officers and employees, shall be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

12. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City or IPU in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City or IPU has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City and/or IPU to any and all remedies at law or in equity.

13. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or IPU, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's and IPU's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City and IPU, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City of Industry, unless otherwise required by law or court order. (b) Consultant shall promptly notify City and IPU should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City of Industry, unless Consultant is prohibited by law from informing the City and IPOU of such Discovery, court order or subpoena. City and IPU retain the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City and/or IPU is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding,

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Consultant agrees to cooperate fully with the City and IPU and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's and IPU's right to review any such response does not imply or mean the right by City and/or IPU to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to any other party under this Agreement must be in writing and may be given either by (i) personal service, (il) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City and IPU: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager/Public Utilities Director
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney/General
Counsel
To Consultant: Parag Soni, Owner and President
19220 Pires Avenue
Cerritos, CA 90703

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City and IPU.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City and IPU with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City and IPU as indemnified parties, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City and IPU for such insurance.

Notwithstanding Consultant's use of any subconsultant, Consultant shall be responsible to the City and IPU for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City or IPU and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any

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subconsultants. Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.

17. GOVERNING LAW/ATTORNEYS' FEES
The City, IPU and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, 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.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

20. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be inserene an original, but all of which taken together shall constitute one and the same

21. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

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22. WAIVER
The waiver by City, IPU or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or deemed to have been waived by City, IPU or Consultant unless in writing.

23. 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 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.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY" "CONSULTANT"
City of Industry Western Power Project Advisors, LLC
By: By:

Troy Helling, City Manager Parag Soni, Owner and President Approved as to form
Sausanano
By:
nes M. Casso, City Attorney

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"IPU"
Industry Public Utilities
Attest:

Aviola
tierrez-Robles, Commission Secretary
Approved as to form:

Fisa Canno
By:

James M. Casso, General Counsel
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule
Exhibit C Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
IPU and City are proceeding with the implementation of a Citywide wireless communication network and Automated Meter Reading ("AMR"), which includes the upgrade from existing electric meters to smart electric meters, to enable the capability of remote monitoring of streetlights ("RMST").

Consultant shall provide the following engineering services that include the following tasks and deliverables:

I. Develop a Request for Proposals (RFP)
a. Draft an RFP for a Citywide wireless communication network that includes AMR design, a description and location of each piece of equipment, smart electrical meters, collectors, a meter data management ("MDM") system, configuration of the wireless network and support during installation to ensure proper system functionality. In drafting the RFP, Consultant may utilize best practices and conduct a review of language from RFPs for similar services utilized by other public agencies
b. The RFP shall define the operational requirements and coordinate the workflow (Billing, Account management & Service Desk) for IPU's Consultant, ENCO
c. The RFP shall call for the research of remote monitoring requirements for streetlights via a wireless communication network and the Advanced Metering Infrastructure system
d. The RFP shall include the Cybersecurity requirements for AMR and wireless radio communication network
e. Consultant shall coordinate IPU/City's legal terms and requirements and include in the RFP
II. List of Potential Vendors and Support during Solicitation of Proposals a. Research and craft a distribution list of potential vendors to identify those vendors capable of providing integrated smart meter implementation and a Citywide wireless communication network considering the scale, scope, and technology requirements
b. Provide support during the question and answer period with vendors, coordinating responses with Staff
c. Develop the final RFP for distribution by IPU and City to potential vendors to solicit proposals

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Ill. Create a Database Template for the Management of AMR Data a. Define potential needs for the database including quality of service, outage record keeping and notification, restoration tools, sales analysis and other needs to be determined
b. Load existing data including customer meter data, substation etc. into database template
c. Develop database template as a starting point for IPU d. Database to serve as a customer application portal to interface with the new MDM system
e. Propose and develop reporting format based on IPU feedback f. Populate existing customer, meter and load data into template g. Document database and associated reports
IV. Proposal Evaluation and Interview Potential Vendors a. Develop key metrics for a fair and competitive vendor evaluation b. Participate in the City's/PU's interviews with all vendors that meet minimum threshold requirements
c. Meet with City/IPU Staff and City/IPU consultants following interview to confirm implementation parameters
d. Evaluate proposals and provide a report with ranking of each vendor, for consideration by the City/IPU
V. Assistance with Contract Negotiation
a. Ensure contract and RFP provisions are consistent
b. Coordinate with IPU's consultant, Transportation and Energy Solutions, Inc., and ensure contract has provisions to accommodate street lighting remote monitoring controller and centralized management system and other future options as delineated by the IPU and City
c. Incorporate all vendor options into the proposed contract d. Incorporate project plan into a draft scope of services for integration into a final contract
e. Develop a presentation for vendor selection to City/IPU f. Assist IPU/City with staff report and all documents necessary for Commission/City Council consideration
VI. Develop a Project Plan for discussion with Selected Vendor and Installation Contractor
a. Develop a proposed project implementation plan
b. Coordinate with IPU's consultant on requirements associated with AMR Implement/Gather feedback and information from consultant

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c. Coordinate with the electric meter change out contractor and installation contractor and confirm project plan conforms with its availability and capability
d. Develop project plan milestones and requirements
VIl. Oversight of Implementation of Citywide Wireless Communication Network and AMR
a. Maintain oversight over the implementation of the project b. Month 1 (begins upon the Notice to Proceed for Consultant): Preparation for project plan
c. Month 1 to 4: Complete RFP process and receive proposals d. Month 5 to 7: IPU/City's evaluation of proposals and negotiation of contract with the selected vendor
e. Month 8 to 12: Implementation of wireless communication network and AMR, including electric meter changeout, going live with AMR system, continue the manual reads until the system has no errors, coordinate with Transportation and Energy Solutions testing of selected streetlight controllers and centralized management system to test interoperability Months 13 to 15: Evaluation of prior data with current data to make sure there are no errors, monitor the testing and make sure wireless communication network has operability with the selected streetlight controller and centralized management system
Note: All Services set forth herein are common to both IPU and City except Task III which pertains only to the IPU.

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EXHIBIT B

RATE SCHEDULE
For the Services set forth in Exhibit A, Consultant shall charge the following rate:

Hourly Rate $225.00

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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City and IPU, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City and IPU
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).

Consultant shall submit to City and IPU, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City and IPU, their officers, agents, employees and volunteers.

Proof of insurance. Consultant shall provide certificates of insurance to City and IPU as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager, and IPU's Public Utilities Director prior to commencement of performance. Current certification of insurance shall be kept on file with City and IPU at all times during the term of this contract. City and IPU reserve the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from

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or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City and IPU shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City and IPU before the City's and/or IPU's own insurance or self-insurance shall be called upon to protect it as a named insured.

City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City and IPU have the right but not the duty to obtain the insurance they deem necessary and any premium paid by City and/or IPU will be promptly reimbursed by Consultant, or City and IPU will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City and/or IPU may cancel this Agreement.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City and IPU, their elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and IPU, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City or IPU to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City and IPU require and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City and IPU.

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Additional insured status. General liability policies shall provide or be endorsed to provide that City and IPU and their officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and IPU and approved of in writing.

The policy(ies) shall not contain any cross-liability exclusions.

City's right to revise specifications. The City and IPU reserve the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City, IPU and Consultant may renegotiate Consultant's compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City and IPU. The City and IPU reserve the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City and IPU.

Timely notice of claims. Consultant shall give the City and IPU prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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CITY COUNCIL
ITEM NO. 6.8
Back-up will be Distributed prior to Meeting

CITY COUNCIL MEETING
APRIL 28, 2022
ITEM NO. 6.8

HAND-OUT ITEM

CAL OF OLESTRE
1957 CITY OF INDUSTRY

MEMORANDUM
TO: Honorable Mayor Moss and City Council Members
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
Tapas Dutta, Program Manager, CNC Engineering
DATE: April 28, 2022
SUBJECT: Consideration of a Lake Alteration Agreement with the California Department of Fish and Wildlife for the Arnold Reservoir Riprap Project, and adopt a Notice of Exemption regarding same
Background:

The Arnold Reservoir Dam, officially the Chino Ranch #1 Dam (Dam No. 2025), located within Tres Hermanos, is annually inspected by the State of California Department of Water Resources. The inspection reports conclude that the dam and reservoir are safe for continued use. The reports also conclude with recommended actions that include long term erosion protections, such as riprap, and filling rodent burrows with compacted crushed rock or compacted backfill to deter any further infestations.

The Tres Hermanos Joint Powers Agreement ("Agreement") states that the City of Industry ("Industry") provide a one-time remediation for the Arnold Reservoir Dam, which is in need of erosion control measures, and that Industry pay all costs associated with analyzing and engineering the remediation work. The plans and specifications will be submitted to each member agency's city engineer for review, at a cost to each agency, not the Tres Hermanos ConservationAuthority. Section 4.2 (B) of the Agreement reads:
"Section 4.2 (B) Notwithstanding the above, Industry has identified that the Arnold Reservoir dam is in need of a one-time repair and requires remediation, to wit, the construction and/or installation of erosion control measures on the wet side of the earthen dam ("Remediation Work"). At the time this Agreement was approved by the Members, Industry was still in the process of analyzing and engineering the Remediation Work. Industry agrees to complete this process and prepare plans and specifications for the Remediation Work, perform the Remediation Work, and pay all costs associated with the Remediation Work. The plans and specifications shall be submitted to each Member's city engineer for their reasonable review and comment, at a cost to the respective Member, not the Authority. Any such comments shall be in writing and provided to Industry within 15625 Mayor Dave Way • City of Industry, California 91744 • 626.333.2211 • www.cityofindustry.org seven (7) business days of receipt of the plans and specifications. The Members' city engineers shall work in good faith to resolve all comments, if any. As consideration for Industry's performance of and payment for the Remediation Work, the Authority agrees, at no cost to Industry, to cooperate and take all reasonable steps to assist Industry in securing the necessary permit, if any, to perform the Remediation Work and to issue an encroachment permit to Industry to perform the Remediation Work. The encroachment permit for the Remediation Work shall contain such conditions as are standard and customary for third parties performing work on the Members' public property, including, but not limited to, insurance and indemnity requirements, and shall be approved as to form by Authority's General Counsel. Notwithstanding the foregoing, Industry may satisfy the insurance and indemnity requirements of the encroachment permit by including the Authority, its appointed officials, officers, agents, and attorneys as additional insureds and indemnified parties in the contract awarding the Remediation Work; provided such provisions are reasonably satistactory to, and approved in writing by, the Authority's General Counsel. After completion of the one-time Remediation Work, Industry shall not be responsible for any future repair, maintenance, or other work to the Arnold Reservoir dam." Discussion:

Industry proposes to proceed with a test area to investigate whether the dam repair can occur without draining the lake as a first option. Industry will complete the plans and specifications of a final design and move forward with authorization to bid approval and contract award for the work. The test area will not have full plans and specifications compared to a full remediation project so the costs will predominantly be for labor and equipment. As stated in Section 4.2 (B) of the Agreement, the test area scope and plan will be reviewed by the respective city engineers of each agency.

Both city engineers of Diamond Bar and Chino Hills have reviewed the test area approach and have given approval to move forward. It should be noted that the erosion of the dam face is due to lapping water at the dam rather than erosion of running water commonly seen in rivers. This pilot project will entail placing riprap for about 50 feet along the face of the dam, starting at the soft bottom and continuing up to the highest water level. The riprap elevations will be checked after a few days to evaluate any settlement which will provide a measure of the efficacy of this methodology for the dam repair. If unsuccessful, the second option will be employed, which is yet to be determined. In addition, the slope of the dam above the highest water level will be grouted with native soil to prevent incursion by burrowing rodents.

For the test area project to proceed, it is necessary to obtain a "Lake Alteration Agreement" from the California Department of Fish and Wildlife ('CDFW"). The Agreement (No. EPIMS-SBR-16740-R6) has been issued by CDFW.

Fiscal Impact:

There is no fiscal impact associated to this Agreement.

Recommendations:

Staff recommends that the City Council approve the Lake Alteration Agreement No. EPIMS-SBR-16740-R6 with the California Department of Fish and Wildlife; and
2) Adopt the Notice of Exemption for this project.

Exhibits:

A. Lake Alteration Agreement
B. Notice of Exemption
JN/MH/TD:jf

EXHIBIT A
Lake Alteration Agreement
[Attached]

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA

INLAND DESERTS REGION SH &
ILDLIF
3602 INLAND EmpIre BOULEVARD, SUITE C-220
ONTARIO, CA 91764

LAKE ALTERATION AGREEMENT
EPIMS-SBR-16740-R6
Arnold Reservoir

CITY OF INDUSTRY

DAM FACE STABILIZATION REPAIR - ARNOLD RESERVOIR PROJECT This Lake Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Industry (Permittee) as represented by Joshua Nelson.

RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on July 9, 2021, that Permittee intends to complete the project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement.

PROJECT LOCATION
The project is located at the Chino Ranch Dam of the Arnold Reservoir (Dam No. 2025), in the City of Chino Hills, in the County of San Bernardino, State of California; Latitude

33.99020, Longitude -117.78570; south of Grand Avenue and east of Longview Drive.

PROJECT DESCRIPTION
The project is limited to the installation of 60 linear feet of non-grouted rip rap to a depth of 50 feet (0.07 acres) along one section of the reservoir side of the dam face and the removal of bull and spike rush along 900 linear feet (0.10 acres) of the reservoir side of the dam face via application of aquatic-approved herbicide. The rip rap will consist of native rock 18-36-inch diameter and will mostly be placed below the water line on top of the existing dam face. Exposed rip rap will then be embedded with native soil to promote vegetative cover. No concrete or asphalt will be used. The herbicide will be Ver. EPIMS 09/01/2020
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applied by the Los Angeles County Agricultural Commissioner's office, under their current Qualified Applicators License, for one application cycle including an initial treatment and 2-3 follow-up treatments within a 3-month window as needed. The herbicide to be applied will be Imazapyr, an herbicide approved for aquatic use.

PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:
american coot (Fulica americana), mallard (Anas platyrhynchos), red-tailed hawk (Buteo jamaicensis), ruddy duck (Oxyura jamaicensis), tricolored blackbird (Agelaius tricolor), and any other fish and wildlife resources occurring within the project area.

The adverse effects the project could have on the fish or wildlife resources identified above include: loss of natural bed or bank, soil compaction, loss of habitat, loss of natural bed substrate, disruption to nesting birds and other wildlife, temporary impacts to water quality, and temporary impacts associated with water diversion.

The Agreement authorizes impacts to 0.17 acres of lake bed and bank. If any additional impacts subject to Fish and Game Code section 1602 are anticipated, Permittee shall, in coordination with CDFW, submit a new notification or apply for an amendment to this Agreement for authorization of those impacts.

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures
Permittee shall meet each administrative requirement described below.

1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement.

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1.5 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional impacts subject to Fish and Game Code section 1602 not identified in this Agreement are anticipated. No additional impacts subject to Fish and Game Code section 1602 are authorized unless the impacts are expressly authorized by CDFW by amendment to this Agreement.

1.6 Take of Listed Species. The issuance of this Agreement does not authorize the take, incidental or otherwise, of any state or federally listed threatened, endangered, candidate or fully protected species. Take of any California Endangered Species Act (CESA) listed species is prohibited except as authorized by state law (Fish and G. Code, §§ 2080 & 2085). Consequently, if a project, including project construction or any project-related activity during the life of the project, may result in take of CESA-listed species, CDFW recommends that the project proponent seek appropriate authorization prior to project implementation.

This may include an incidental take permit (ITP) or a consistency determination (Fish & G. Code, §§ 2080.1 & 2081).

1.7 Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes.

2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

2.1 Designated Biologist. Permittee shall submit to CDFW for review the name, contact information, and qualifications of each biologist, botanist, or other specialist (Designated Biologists)) proposed to perform surveys and/or conduct monitoring activities addressed by this Agreement. Permittee shall specify within these submittals which activities each Designated Biologist is being considered for, and clearly identify the qualifications and experience they possess to support the assignment. Permittee shall submit the aforementioned information before commencement of project activities addressed by this Agreement. Permittee shall notify CDFW in advance and in writing if a Designated Biologist must be changed to a person not previously proposed for the project.

2.2 Qualifications of Designated Biologists). Permittee shall ensure that each Designated Biologist is knowledgeable and experienced in the identification, life history, behavior, and habitat requirements of species with potential to be impacted by the project. Permittee shall also ensure that handling of non-listed fish, wildlife, EPIMS-SBR-16740-R6
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or plant species is conducted only by Designated Biologists approved by CDFW in writing. Handling of state-listed species will require CESA authorization.

2.3 Responsibility of Designated Biologists). The Designated Biologists) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in clearing, grading, excavation, and/or other ground-disturbing activities. To ensure compliance with the measures of this Agreement, the Designated Biologists) shall confirm and monitor the limits of project activities addressed by this Agreement.

2.4 Authority of Designated Biologist. To ensure compliance with the measures of this Agreement, the Designated Biologists) shall immediately halt any activity that does not comply with this Agreement, and/or order any reasonable measure to avoid the violation of any measure of this Agreement. The Designated Biologists) shall halt construction activities covered by this Agreement if the project has the potential to adversely impact any special-status species beyond the levels identified in this Agreement and notify the appropriate agencies immediately (i.e., within 24 hours. This Agreement does not authorize "take" of listed species.

2.5 Nesting Birds. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. Permittee shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 1993' and United States Fish and Wildlife Service and/or CDFW- accepted species-specific survey protocols, available here:
https://www.wildlife.ca.gov/conservation/survey-protocols); nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 19932); determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall ' Ralph, C.J., G.R. Geupel, P. Pyle, T.E. Martin, and D.F. DeSanta. 1993. Handbook of field methods for monitoring landbirds. General Technical Report PSW-GTR 144. USDA Forest Service Pacific Southwest Research Station. Albany, CA.
2 Martin, T.E. and G.R. Geupel. 1993. Nest-monitoring plots: methods for locating nests and monitoring success. Journal of Field Ornithology 64:507-514.

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take into consideration the size of the property; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. Pre- construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. The Designated Biologist shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for 1 hour (4 hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre-construction surveys shall be provided to CDFW per Measure 4.1.

2.5.2 When an active nest is confirmed, the Designated Biologist shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist shall document baseline behavior, stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. Following documentation of baseline conditions, the Designated Biologist may choose to adjust the buffer based on site characteristics, stage of reproduction, and types of project activities proposed at/near that location. The Designated Biologist shall monitor the nest at the onset of project activities addressed by this Agreement, and at the onset of any changes in project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly.

2.5.3 The Designated Biologist shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist shall document the status of all EPIMS-SBR-16740-R6
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existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Biologist shall monitor the nest for a minimum of 1 hour (4 hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist may approach the nest to assess the status.

2.5.4 Permittee, under the direction of the Designated Biologist, may also take steps to discourage nesting on the project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials. The Designated Biologist shall ensure that none of the materials used pose an entanglement risk to birds or other species.

2.5.5 The Designated Biologist shall be responsible for providing summary reports, as specified in Measure 4.2 to CDFW no less than once weekly regarding the nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If the project results in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours.

2.6 Delineate Work Area Boundary. In consultation with the Designated Biologists), Permittee shall clearly delineate the work boundaries and avoidance areas with appropriate fencing, signage, and/or flagging to prevent damage to adjacent and/or sensitive habitats. The delineation materials shall be in place during all periods of operation and all persons employed or otherwise working on the project site shall be instructed about the restrictions. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologists) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety.

2.7 Pre-activity Sweeps. The Designated Biologists) shall conduct pre-activity sweeps within the project areas (including access routes) and an appropriate buffer surrounding the project areas, within 2 hours of initiating project activities. The pre- activity sweeps shall mark/map for avoidance the location of any nesting bird (s) identified within or adjacent to the project areas during the pre-activity sweep, Permittee shall, in coordination with the Designated Biologist, establish and implement avoidance measures that will be effective in fully avoiding impacts of the project on the identified resource(s) prior to initiating project activities. If listed species are identified and full avoidance cannot be accomplished, Permittee shall postpone the project, and contact CDFW to discuss an appropriate path forward.

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2.8 Construction Monitoring. The Designated Biologists) shall ensure that all avoidance and minimization measures are implemented and maintained, including, but not limited to: monitoring and addressing potential species impacts, ensuring the prescribed access routes and work areas are respected, and securing any excavation areas. If the Designated Biologists) determines there is the potential for the project to impact a listed species, the Designated Biologists) shall halt project activities until appropriate avoidance measures, that will fully avoid impacts to the listed species, can be established. If full avoidance cannot be accomplished, Permittee shall postpone the project, and contact CDFW to discuss an appropriate path forward.

2.9 Work in Wetted Areas. Permittee shall avoid working in the wetted portion of any lake or stream channel during the period of February 1 through September 30 to avoid impacts to native herpetofauna that may be actively reproducing or rearing, unless a diversion plan with minimization measures for native herpetofauna is submitted for CDFW review and approval.

2.10 On-site Employee Education. Permittee shall conduct an education program for all persons employed or otherwise working on the project prior to performing any work on-site. The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology of the habitats and species identified in this Agreement. The Designated Biologist shall also include as part of the education program information about the distribution and habitat needs of any special status species that may be present, legal protections for those species, penalties for violations and project-specific protective measures included in this Agreement. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to their performing work on-site. Upon completion of the education program, employees shall sign a form stating they attended the program and understand all protection measures.

These forms shall be filed at the worksite office and available to CDFW upon request.

2.11 Best Management Practices. Permittee shall actively implement Best Management Practices (BMPs) to prevent erosion and the discharge of sediment and pollutants into lakes or streams during project activities. Permittee shall monitor and repair BMPs if necessary, to ensure maximum erosion, sediment, and pollution control.

Permittee shall prohibit the use of erosion control materials potentially harmtul to fish and wildlife species, such as mono-filament netting (erosion control matting) or similar material, within and adjacent to any river, stream, or lake. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose-weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves.

Non-welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread.

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BMPs shall not pose a barrier to wildlife movement and shall be installed to allow for the safe passage of wildlife movement, particularly of less vagile species (such as small mammals and reptiles), out of the project site. Long, continuous lengths of silt-fencing or other BMP materials installed without gaps can create a barrier to wildlife movement, trapping wildlife within the project site. Areas of safe passage can be easily accommodated by leaving small gaps between parallel and overlapping lengths of BMPs.

2.12 Equipment Use and Cleaning. All equipment shall be cleaned prior to entering any river, stream, or lake. Washing must take place where rinse water is collected and disposed of in either a sanitary sewer, landfill, or other facility authorized to accept such rinse water. The cleaning measures must be practical and verifiable.

Depending on the nature of the debris, the equipment may be cleaned using mechanical methods (brushing, scraping, prying), compressed air, high-pressure water, or steam. This includes wheels, tires, buckets, stabilizers, undercarriages, and bumpers. The Permittee shall verify and document cleaning has occurred prior to equipment entering any river, stream, or lake; documentation of equipment inspections for each date of entry shall be available to CDFW upon request.

2.13 Nonnative Plant Species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to lake or stream channels.

Permittee shall not plant, seed, or otherwise introduce nonnative plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to lake or stream channels. If Permittee will plant/seed using non-native plant materials, there must be a minimum 100-foot setback from open space areas and a minimum 150-foot setback from lake or stream channels and wetlands/riparian mitigation sites.

2.14 Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance.

2.14.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.

2.14.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.

2.14.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or EPIMS-SBR-16740-R6
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entering a lake, streambed, or flowing stream. These materials, placed within or where they may enter a lake, streambed, or flowing stream by Permittee or any party working under contract or with the permission of Permittee, shall be removed immediately.

2.14.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into any river, stream, or lake. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high-water mark of any lake, streambed, or flowing stream.

2.14.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.

2.15 Trash Abatement and Refuse Removal. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed at the end of each workday to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of project activities, Permittee shall remove and properly dispose of all refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping.

2.16 Stockpile Maintenance. Permittee shall maintain stockpiles to avoid the spread of invasive plants. Permittee shall not stockpile materials within the bed, bank or channel after daily work has been completed.

2.17 Staging Areas. Permittee shall confine all project site-related parking, storage areas, laydown sites, equipment storage, and any other project site staging activities to locations outside of areas any river, stream, or lake.

2.18 Remove Temporary Flagging and Barriers. Permittee shall remove all temporary flagging and/or barriers from the project site and vicinity of any river, stream, or lake upon completion of project activities.

3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below.

Restoration of Impact Areas. Permittee shall initiate restoration of the 0.17-acre impact area (Restoration Area) immediately following the completion of project activities. Permittee shall conduct periodic maintenance and monitoring of the Restoration Area for a minimum of 24 months, including quarterly non-native removal/treatment and quantitative and/or qualitative monitoring. To be deemed EPIMS-SBR-16740-R6
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successful after the minimum 24-month term, the Restoration Area shall exhibit the following: recruitment of native species within the disturbance area, non-native cover below pre-project condition, and a lack of new non-native or invasive species within the Restoration Area. Prior to suspending maintenance and monitoring of the Restoration Area, Permittee shall provide a brief memo to CDFW describing the fulfilment of the success criteria described above. If any of the criteria have not been met, Permittee shall consult with CDFW.

3.2 Habitat Mitigation. Permittee shall implement one of the two options below.

3.2.1 Option 1 - Purchase of Credits from Mitigation Bank. Permittee shall purchase a total of 0.17 acres of riparian enhancement credits from a CDFW-approved mitigation bank within the Santa Ana River watershed.

Permittee shall obtain CDFW approval regarding the choice of the mitigation bank prior to credit purchase. Proof of purchase shall be provided to CDFW no later than 14 days prior to initiation of project activities.

3.2.2 Option 2 - Offsite Habitat Mitigation. Permittee shall compensate for project impacts, by restoring and/or enhancing, and maintaining and monitoring no less than 0.17 acres of streambed and stream-associated habitats (hereinafter referred to as "Offsite Mitigation Lands") for five years, or until CDFW deems the mitigation successful based on CDFW-approved success criteria. Proposed Offsite Mitigation Lands and proposed enhancement and/or restoration actions shall be approved by CDFW in writing within 3 months of initiating project activities. Restoration and/or enhancement activities shall commence within 6 months of the initiation of project activities. Restoration and/or enhancement and maintenance and monitoring objectives shall be provided to CDFW for review and approval in a Habitat Mitigation and Monitoring Plan (HMMP) within 2 months of initiating Project activities (see Measure 3.2.2.1).

3.2.2.1 Habitat Mitigation and Monitoring Plan - Offsite Mitigation Lands. No more than 3 months of initiating Project activities, Permittee shall, in coordination with a restoration ecologist, submit to CDFW for review and approval an HMMP designed to meet the habitat
restoration/enhancement, maintenance, and monitoring goals identified in Measure 3.2.2 of this Agreement. At a minimum, the HMMP shall include the following information: (a) a description of the conditions, including water resources, vegetation types to alliance (see A Manual of California Vegetation), and a map that identifies the location of the Offsite Mitigation Lands; (b) a plan for the enhancement/restoration of the site, including decompaction and recontouring of the site, if appropriate, the removal of non-native plants, revegetation methods (e.g., natural revegetation, topsoil salvage and redistribution, reseeding, planting), the installation of signage, fencing or other barriers, and the establishment of permanent photo stations; (c) a local, native plant EPIMS-SBR-16740-R6
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palette; (d) procedures to ensure that nonnative plants are not introduced or allowed to sustain; (e) monitoring and maintenance schedules (monitoring and management activities shall occur no less than frequently than quarterly for the first two years); (f) contingency measures; and (g) quantitative success criteria. Success criteria shall include quantitative data collected and analyzed, such as cover, density, and composition using a CDFW approved sampling method. The maintenance and monitoring period shall be a minimum of 5 years from the date the initial restoration and enhancement actions are implemented.

4. Reporting Measures
Permittee shall meet each reporting requirement described below.

Pre-construction Nesting Bird Survey Report. Prior to commencement of project activities, Permittee shall submit through EPIMS to CDFW the results of pre- construction nesting bird surveys completed pursuant to Measure 2.5.1 of this Agreement.

4.2 Nesting Bird Summary Reports. Permittee shall prepare and submit to CDFW a summary, as described in Measure 2.5.5 of this Agreement, of nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. Summary reports shall be submitted on a weekly basis until there is no further evidence of nesting activity. If the project results in the abandonment of or damage to a nest, Permittee shall notify CDFW within 24 hours.

4.3 Annual Reporting - Offsite Mitigation Lands. Permittee shall submit annual reports to CDFW for a minimum of 5 years following the initiation of restoration/ enhancement activities, or until CDFW deems the mitigation successful (see Measure 3.2.2 above). At a minimum, the reports shall include the following information: (1) a description of the habitat maintenance and monitoring activities conducted during the previous year, including: (a) details of nonnative plant removal efforts, such as, the methods used for removal, the amount removed and/or treated, the frequency and timing of removal and treatment, disposal specifics, and a summary of the general successes and failures or failure of the nonnative removal plan; and (b) an overview of any supplemental planting seeding conducted, including the number of plants/amount of seed installed, and the location and timing of replacement planting/seeding; (2) current site conditions, including: the percent survival, percent cover, and composition of the habitat, and the methods used to assess these parameters; (3) a list of wildlife species observed within the restoration site during monitoring surveys, including sensitive species and/or listed species; and (4) photos from designated photo stations. The first annual report is due to CDFW no later than 13 months following the initiation of restoration/enhancement activities.

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4.4 Notification to CNDDB. If any sensitive species (threatened, endangered, candidate, fully protected, species of special concern, etc.) are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings. The CNDDB form is available online at:
https://www.wildlife.ca.gov/Data/CNDDB/Submittign-Data. A copy of this information shall also be mailed within five days to CDFW at the address listed below under Contact Information. Please reference Notification No. EPIMS-SBR- 16740-R6.

4.5 Notification of Start and End of Construction. Permittee shall notify CDFW, in writing, at least five days prior to initiation of project activities. Notification shall be submitted through EPIMS to CDFW.

5. Financial Security
If Permittee choses offset project impacts though Offsite Habitat Mitigation (Measure

3.2.2), Permittee shall provide a financial security as described below. A template for the irrevocable letter of credit (LOC) has been provided as an attachment to this Agreement (Exhibit B).

5.1 Irrevocable Letter of Credit. An irrevocable letter of credit (LOC) shall be obtained for the amount to perform all compensatory and reporting measures pursuant to this Agreement.

5.2 The amount of the LOC shall be based on a cost estimate that shall be submitted to CDFW for approval prior to commencing project activities within areas subject to Fish and Game Code section 1602.

5.3 Permittee shall provide a draft copy of the LOC to CDFW at the address listed below for review and approval prior to execution. The LOC shall not be executed without CDFW's prior approval.

5.4 The final executed LOC shall be submitted to CDFW prior to commencing project activities within areas subject to Fish and Game Code section 1602.

5.5 Upon execution of the LOC, Permittee shall provide the original and one copy of the executed document to CDFW as specified in the LOC template.

5.6 In the event that the LOC will expire and not be renewed before the compensatory and reporting obligations have been met, Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least 60 days prior to the expiration date.

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CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be submitted through EPIMS as instructed by CDFW.

To Permittee:

City of Industry
Joshua Nelson
EPIMS-SBR-16740-R6
Dam Face Stabilization Repair - Arnold Reservoir Project [email protected]
To CDFW:

Department of Fish and Wildlife
Inland Deserts Region
EPIMS-SBR-16740-R6
Dam Face Stabilization Repair - Arnold Reservoir Project [email protected]

LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone.

SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

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ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the project or an activity related to it. For example, if the project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall log into EPIMS and submit to CDFW a completed CDFW "Amendment & Extension" form. Permittee shall include with the completed form, payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

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Lake Alteration Agreement

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TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall log into EPIMS and submit to CDFW a completed CDFW "Amendment & Extension" form.

Permittee shall include with the completed form, payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).

EXTENSIONS
In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall log into EPIMS and submit to CDFW a completed CDFW "Amendment & Extension' form.

Permittee shall include with the completed form, payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e).

If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code § 1605, subd. (f)).

EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.gov/Conservation/CEQA/Fees.

TERM
This Agreement shall expire on December 31, 2023, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term.

Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires.

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AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.

AUTHORIZATION
This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602.

CONCURRENCE
Through the electronic signature by the permittee or permittee's representative as evidenced by the attached concurrence from CDFW's Environmental Permit Information Management System (EPIMS), the permittee accepts and agrees to comply with all provisions contained herein.

The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid.

EXHIBIT B
Notice of Exemption
[Attached]

NOTICE OF EXEMPTION
To: County Clerk From: City of Industry
County of Los Angeles 15625 Mayor Dave Way, Suite 100
Environmental Filings City of Industry, CA 91744
12400 East Imperial Highway #2001
Norwalk, CA 90650
Project Title: Chino Ranch Dam Riprap Pilot Project (MP 02-31 #8, CITY -1471) Project Location - Specific: Chino Ranch Dam of the Arnold Reservoir, City of Chino Hills, CA Project Location-City: City of Chino Hills Project Location-County: San Bernardino Description of Project: Install riprap for about 50 feet along the upstream face of the dam from the bottom to high water level in order to stabilize the upstream side of the dam. Herbicide will be applied to remove bull and spike rush on the reservoir side of the dam face.

Name of Public Agency Approving Project: City of Industry Name of Person or Agency Carrying Out Project: City of Industry Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
• Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: 15301 Class 1 (c) Statutory Exemptions. State code number:

Reasons why project is exempt: The proposed project is exempt from the California Environmental Quality Act (CEQA") per Section 15301 (c) of the CEQA Guidelines. Per Section 15301(c), the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination is exempt. The project consists of maintenance of the upstream side of the dam by installing riprap and applying herbicide per recommendations by the dam inspector from the California Department of Water Resources. There is no expansion of the use of the facility.

Lead Agency
Contact Person: Mathew Hudson Telephone: (626) 333-2211 Signature: Date: April 28, 2022
Title: Engineering Manager

Industry City CouncilApril 28, 2022

Industry City Council
April 28, 2022